A Bill for an Act
Page 1, Line 101Concerning recognition of certain Tribal court orders.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)
American Indian Affairs Interim Study Committee. Current law does not expressly allow for the state to recognize an arrest warrant issued by a Tribal court of a federally recognized Tribe with a reservation within the exterior boundaries of the state (Tribal court). The bill clarifies that a state court shall give full faith and credit to an arrest warrant issued by a Tribal court. Upon issuance of a Tribal court arrest warrant, a peace officer in the state may apprehend the person identified in the Tribal warrant. Unless otherwise agreed upon by the law enforcement agency in the arresting jurisdiction and the law enforcement authority of the Tribal jurisdiction, the Tribe shall arrange transport of the person to the Tribe's detention facility.
Current law does not expressly allow for the recognition of Tribal court commitment orders. The bill clarifies that any commitment order entered by a Tribal court that concerns a person under the Tribal court's jurisdiction is recognized to the same extent as a commitment order entered by a state court. A health-care provider may communicate with the officers of the Tribal court regarding a patient under the health-care provider's care pursuant to a commitment order to the same extent that the health-care provider may communicate with officers of the court pursuant to a commitment order entered by a state court.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add part 7 to article 3 of title 16 as follows:
Page 2, Line 3PART 7
RECOGNITION OF
Page 2, Line 4TRIBAL COURT ARREST WARRANTS
Page 2, Line 516-3-701. Definitions.As used in this part 7, unless the context otherwise requires:
Page 2, Line 6(1) "Reservation" means the Southern Ute Indian
Page 2, Line 7reservation and all the land within the exterior boundaries, as
Page 2, Line 8defined in the act of May 21, 1984, Pub.L. 98-290, 98 Stat. 201
Page 2, Line 9(found at "other provisions" note to 25 U.S.C. sec. 668) or the Ute Mountain Ute reservation.
Page 2, Line 10(2) "State" means the state of Colorado.
Page 2, Line 11(3) "Tribal court" means any court or other federally or
Page 2, Line 12tribally established tribunal of a federally recognized Tribe in
Page 2, Line 13Colorado, duly established pursuant to federal law or Tribal
Page 2, Line 14law, including the Courts of Indian Offenses, Ute Mountain Ute
Page 2, Line 15agency, organized pursuant to 25 CFR part 11.
Page 3, Line 1(4) "Tribe" means the Southern Ute Indian Tribe or the Ute Mountain Ute Tribe.
Page 3, Line 216-3-702. Recognition of Tribal court orders - arrest warrants
Page 3, Line 3- full faith and credit.A state court shall give full faith and
Page 3, Line 4credit to an arrest warrant issued by a Tribal court of a
Page 3, Line 5federally recognized Tribe with a reservation within the exterior boundaries of the state.
Page 3, Line 616-3-703. Recognition of Tribal court orders - arrest warrants
Page 3, Line 7- process.Upon issuance of a Tribal court arrest warrant, a
Page 3, Line 8peace officer in the state may apprehend the person identified in
Page 3, Line 9the Tribal warrant. The arresting peace officer or the law
Page 3, Line 10enforcement agency in the arresting jurisdiction shall make
Page 3, Line 11arrangements with the Tribal jurisdiction for transportation of
Page 3, Line 12the person to the law enforcement authority of the Tribal
Page 3, Line 13jurisdiction. Unless otherwise agreed upon by the law
Page 3, Line 14enforcement agency in the arresting jurisdiction and the law
Page 3, Line 15enforcement authority of the Tribal jurisdiction, the Tribe
Page 3, Line 16shall arrange transport of the person to the Tribe's detention facility.
Page 3, Line 17SECTION 2. In Colorado Revised Statutes, add 27-65-132 as follows:
Page 3, Line 1827-65-132. Recognition of Tribal court commitment orders -
Page 3, Line 19process - definitions. (1) As used in this section, unless the context otherwise requires:
Page 3, Line 20(a) "Behavioral health commitment order" or "commitment order" includes:
Page 3, Line 21(I) Emergency mental health holds as described in section 27-65-106 or as described in Tribal codes;
Page 4, Line 1(II) Certification for short-term treatment as described in section 27-65-109 or as described in Tribal codes;
Page 4, Line 2(III) Long-term care and treatment of persons with
Page 4, Line 3mental health disorders as described in section 27-65-110 or as described in Tribal codes;
Page 4, Line 4(IV) An emergency commitment as described in section 27-81-111 or as described in Tribal codes;
Page 4, Line 5(V) An involuntary commitment of a person with a
Page 4, Line 6substance use disorder as described in section 27-81-112 or as described in Tribal codes; or
Page 4, Line 7(VI) A commitment order permitted by federal, state, or Tribal law.
Page 4, Line 8(b) "Reservation" means the Southern Ute Indian
Page 4, Line 9reservation and all the land within the exterior boundaries, as
Page 4, Line 10defined in the act of May 21, 1984, Pub.L. 98-290, 98 Stat. 201
Page 4, Line 11(found at "other provisions" note to 25 U.S.C. sec. 668) or the Ute Mountain Ute reservation.
Page 4, Line 12(c) "State" means the state of Colorado.
Page 4, Line 13(d) "Tribal court" means any court or other federally or
Page 4, Line 14tribally established tribunal of a federally recognized Tribe in
Page 4, Line 15Colorado, duly established pursuant to federal law or Tribal
Page 4, Line 16law, including the Courts of Indian Offenses, Ute Mountain Ute agency, organized pursuant to 25 CFR part 11.
Page 4, Line 17(e) "Tribe" means the Southern Ute Indian Tribe or the Ute Mountain Ute Tribe.
Page 4, Line 18(2) The state, county, or municipal law enforcement
Page 5, Line 1agencies; state courts; hospitals; behavioral health facilities;
Page 5, Line 2health-care providers; and others within the state providing
Page 5, Line 3services to the person subject to a behavioral health
Page 5, Line 4commitment order shall recognize a commitment order entered
Page 5, Line 5by the Tribal court of a federally recognized Tribe with a
Page 5, Line 6reservation within the exterior boundaries of the state and
Page 5, Line 7that concerns a person under the Tribal court's jurisdiction to the same extent as a commitment order entered by a state court.
Page 5, Line 8(3) A health-care provider may communicate with the
Page 5, Line 9officers of a Tribal court regarding a patient under the
Page 5, Line 10health-care provider's care pursuant to a Tribal court
Page 5, Line 11commitment order described in subsection (2) of this section, to
Page 5, Line 12the same extent that the health-care provider can communicate
Page 5, Line 13with officers of a court pursuant to a state court commitment
Page 5, Line 14order. Communications may include the nature of the treatment
Page 5, Line 15needed and provided, a patient's medical and mental health
Page 5, Line 16status, the extent to which the patient poses a danger to the
Page 5, Line 17patient's self or the community, and, if necessary, the need for additional treatment.
Page 5, Line 18SECTION 3. Act subject to petition - effective date. This act
Page 5, Line 19takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 20ninety-day period after final adjournment of the general assembly; except
Page 5, Line 21that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 22of the state constitution against this act or an item, section, or part of this
Page 5, Line 23act within such period, then the act, item, section, or part will not take
Page 5, Line 24effect unless approved by the people at the general election to be held in
Page 6, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.