No person arrested upon such a warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged and that he has the right to demand and procure legal counsel. If the prisoner or his counsel states that he or they desire to test the legality of his arrest, the judge of the court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody and to the agent of the demanding state. Review beyond the court of record shall be only in the supreme court by petition for certiorari, pursuant to such rules as that court may promulgate.
Source: L. 53: p. 316, § 10. CSA: C. 72, § 55. CRS 53: § 60-1-10. C.R.S. 1963: § 60-1-10. L. 86: Entire section amended, p. 735, § 6, effective July 1.
Cross references: For procedural requirements in habeas corpus, see C.R.C.P. 106; for jurisdiction of the supreme court on writs of certiorari, see C.A.R. 49 to 56.
Structure Colorado Code
Title 16 - Criminal Proceedings
Article 19 - Fugitives and Extradition
§ 16-19-103. Fugitives From Justice
§ 16-19-105. Governor May Investigate Case
§ 16-19-106. Extradition of Persons Imprisoned or Awaiting Trial
§ 16-19-107. Extradition of Persons Not Present Where Crime Committed
§ 16-19-108. Issue of Governor's Warrant
§ 16-19-109. Manner and Place of Execution
§ 16-19-110. Authority of Arresting Officer
§ 16-19-111. Rights of Accused - Habeas Corpus
§ 16-19-112. Penalty for Noncompliance
§ 16-19-112. Penalty for Noncompliance
§ 16-19-113. Confinement in Jail
§ 16-19-114. Arrest Prior to Requisition
§ 16-19-115. Arrest Without Warrant
§ 16-19-116. Commitment to Await Requisition - Bail
§ 16-19-117. Bail Pending Extradition
§ 16-19-118. Extension of Time
§ 16-19-119. Forfeiture of Bail
§ 16-19-119.5. Custody Pending Arrival of Agent of the Demanding State
§ 16-19-120. Persons Under Prosecution When Demanded
§ 16-19-121. When Guilt Inquired Into
§ 16-19-122. Governor May Recall Warrant
§ 16-19-123. Fugitives From This State
§ 16-19-124. Application for Requisition
§ 16-19-125. Immunity From Civil Process
§ 16-19-126. Written Waiver of Extradition
§ 16-19-126.5. Prior Waiver of Extradition
§ 16-19-127. Nonwaiver by This State
§ 16-19-128. Prosecution of Other Charges
§ 16-19-129. Security for Costs - Default - Fees
§ 16-19-130. Rewards - How Audited - Paid
§ 16-19-134. Securing the Attendance of a Defendant Who Is Outside the United States