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:
(1) "State" means the state of Colorado.
Page 2, Line 7(2) "Tribal court" means any court or other federally or
Page 2, Line 8tribally established tribunal of a federally recognized Tribe
Page 2, Line 9duly established pursuant to federal law or Tribal law,
Page 2, Line 10including the Courts of Indian Offenses, Ute Mountain Ute agency, organized pursuant to 25 CFR part 11.
Page 2, Line 11(3) "Tribe" means the Southern Ute Indian Tribe, the Ute
Page 2, Line 12Mountain Ute Tribe, or a federally recognized tribe
Page 2, Line 13acknowledged by the "Federally Recognized Indian Tribe List
Page 2, Line 14Act of 1994", Pub.L. 103-454, 108 Stat. 4791.
Page 3, Line 116-3-702. Recognition of Tribal court orders - arrest warrants
Page 3, Line 2- full faith and credit.A state court shall give full faith and
Page 3, Line 3credit to an arrest warrant issued by a Tribal court of a federally recognized Tribe.
Page 3, Line 416-3-703. Recognition of Tribal court orders - arrest warrants
Page 3, Line 5- process.(1) Upon issuance of a Tribal court arrest warrant, a
Page 3, Line 6peace officer in the state may apprehend the person identified in
Page 3, Line 7the Tribal warrant if the peace officer verifies the validity of
Page 3, Line 8the warrant and confirms that the warrant permits extradition.
Page 3, Line 9The law enforcement agency in the arresting jurisdiction may
Page 3, Line 10surrender a person arrested pursuant to a Tribal arrest
Page 3, Line 11warrant to the law enforcement agency of the Tribal
Page 3, Line 12jurisdiction if the law enforcement agency of the Tribal
Page 3, Line 13jurisdiction is available to take custody of the person. If the
Page 3, Line 14law enforcement agency of the Tribal jurisdiction is not
Page 3, Line 15available to take custody of the person, the law enforcement
Page 3, Line 16agency in the arresting jurisdiction shall hold the person in the
Page 3, Line 17county detention facility of the law enforcement agency in the
Page 3, Line 18arresting jurisdiction. If the arrest warrant is non-extraditable
Page 3, Line 19or if the bond on the arrest warrant is a personal recognizance
Page 3, Line 20bond, the law enforcement agency in the arresting jurisdiction must immediately release the person from state custody.
Page 3, Line 21(2) Court Process. (a) Courts shall follow the process
Page 3, Line 22outlined in this subsection (2) for extradition cases arising from a Tribal court order.
Page 3, Line 23(b) If a person is arrested on a Tribal court arrest
Page 3, Line 24warrant and the law enforcement agency in the arresting
Page 4, Line 1jurisdiction does not surrender the person immediately to the
Page 4, Line 2law enforcement agency of the Tribal jurisdiction as described
Page 4, Line 3in subsection (1) of this section, a peace officer of the law
Page 4, Line 4enforcement agency with custody of the person shall bring the
Page 4, Line 5person before the nearest court in the time frame described in
Page 4, Line 6sections 13-10-111.5 (5) and 16-4-102 (2)(a)(II). The court shall
Page 4, Line 7appoint the office of the state public defender to the person if
Page 4, Line 8the person is eligible and inform the person of the existence of
Page 4, Line 9the arrest warrant, the nature of the arrest warrant, and the
Page 4, Line 10person's rights, including the right to counsel, the right to
Page 4, Line 11remain silent, the right to contest the legality of the
Page 4, Line 12extradition request, and the right to waive extradition and
Page 4, Line 13knowingly, intelligently, and voluntarily agree to return to the Tribal jurisdiction.
Page 4, Line 14(c) (I) The arrested person identified in subsection (2)(b) of
Page 4, Line 15this section may, in the presence of the court, sign a waiver of
Page 4, Line 16extradition verifying that the person consents to the return to
Page 4, Line 17the Tribal jurisdiction. Before the person signs the waiver of
Page 4, Line 18extradition, the court shall inform the person of the person's right to test the legality of the extradition request.
Page 4, Line 19(II) If a person requests a hearing to test the legality of
Page 4, Line 20the extradition request, the court shall hold the hearing within
Page 4, Line 21seven days after the person facing extradition requests the
Page 4, Line 22hearing unless the court grants the person more time to prepare
Page 4, Line 23for the hearing. The court shall not place a burden on the state
Page 4, Line 24at the hearing. The court shall not consider the person's guilt
Page 4, Line 25or innocence during the hearing. At the hearing, the court shall
Page 5, Line 1order the person extradited unless the person challenging the extradition shows by a preponderance of the evidence that:
Page 5, Line 2(A) The law enforcement agency in the arresting
Page 5, Line 3jurisdiction did not verify the validity of the arrest warrant
Page 5, Line 4and did not confirm that the warrant permitted extradition
Page 5, Line 5prior to the person's arrest, resulting in an unconstitutional
Page 5, Line 6illegal seizure pursuant to the state constitution or the United States constitution;
Page 5, Line 7(B) Extradition of the person would violate the state constitution or the United States constitution; or
Page 5, Line 8(C) The person appearing before the court is not the person named in the arrest warrant.
Page 5, Line 9(d) (I) Eligibility for bail.Unless the Tribal court with
Page 5, Line 10jurisdiction over the arrest warrant requests the person be
Page 5, Line 11held without bail, the court may set bail on the extradition
Page 5, Line 12case. If the court releases the person on bail, the court shall
Page 5, Line 13also set a review hearing date and a deadline for the person to
Page 5, Line 14travel to the Tribal court's jurisdiction and answer the arrest
Page 5, Line 15warrant. In setting the amount and conditions of bail, the court
Page 5, Line 16shall consider the conditions necessary to ensure the person's
Page 5, Line 17appearance before the court and to consider the community's
Page 5, Line 18safety. When setting bail, the court shall consider the amount of bail on the Tribal court arrest warrant.
Page 5, Line 19(II) If the court receives notice from the law enforcement
Page 5, Line 20agency with custody of the person or the district attorney on
Page 5, Line 21or before the review hearing from the Tribal court that the
Page 5, Line 22person has appeared before the Tribal court, the court shall dismiss the extradition case.
Page 6, Line 1(III) If the person appears before the court but has not
Page 6, Line 2appeared before the Tribal court as ordered, upon notice from
Page 6, Line 3the law enforcement agency with custody of the person or the
Page 6, Line 4district attorney, the court shall revoke the extradition bond and order the person extradited.
Page 6, Line 5(IV) If the person fails to appear before the court, the
Page 6, Line 6court shall issue an arrest warrant and order forfeiture of the extradition bond as set forth in section 16-4-111 (3).
Page 6, Line 7(3) Extradition process. (a) The court shall give the
Page 6, Line 8extradition orders to the person, the person's counsel, the
Page 6, Line 9prosecution, the law enforcement agency with custody of the
Page 6, Line 10person, the Tribal court, and the Tribal law enforcement agency.
Page 6, Line 11(b) If the court determines that the person must be held
Page 6, Line 12without bail pending extradition, the court shall order the law
Page 6, Line 13enforcement agency with custody of the person to notify the
Page 6, Line 14requesting Tribal court when any other local holds are
Page 6, Line 15resolved and the person may be transported to the Tribal court's jurisdiction.
Page 6, Line 16(c) When the law enforcement agency with custody of the
Page 6, Line 17person notifies the Tribal jurisdiction that a person is available
Page 6, Line 18for extradition, the law enforcement agency shall notify the court of the date and time of the notice.
Page 6, Line 19(d) (I) Upon receiving a valid order from a court
Page 6, Line 20authorizing the extradition of the person and notification from
Page 6, Line 21the law enforcement agency with custody of the person that
Page 7, Line 1there are no local holds preventing transport, the Tribe shall
Page 7, Line 2arrange transport of the person to the Tribe's detention facility
Page 7, Line 3without undue delay unless otherwise agreed upon by the law
Page 7, Line 4enforcement agency with custody of the person and the law
Page 7, Line 5enforcement authority of the Tribal jurisdiction. The Tribe
Page 7, Line 6shall take custody of the person within seventy-two hours
Page 7, Line 7after receipt of the extradition order and notice that the person is available for transport.
Page 7, Line 8(II) Notwithstanding subsection (3)(d)(I) of this section to
Page 7, Line 9the contrary, if a Tribe is not able to take custody of the person
Page 7, Line 10within seventy-two hours after receipt of the extradition order
Page 7, Line 11and notice that the person is available for transport, the court
Page 7, Line 12may, upon a finding of good cause, adjust the time frame as necessary for the Tribe to take custody of the person.
Page 7, Line 13(e) If a court orders extradition and the court receives
Page 7, Line 14information that the Tribal jurisdiction has custody of the
Page 7, Line 15person or the person has appeared before the Tribal court, the
Page 7, Line 16court shall dismiss the extradition case and order the extradition bond released.
Page 7, Line 17(f) Except for a court's finding of good cause to hold a
Page 7, Line 18person longer than seventy-two hours pursuant to subsection
Page 7, Line 19(3)(d)(II) of this section, the law enforcement agency with
Page 7, Line 20custody of the person shall release the person if the Tribe has
Page 7, Line 21not taken custody of the person within the time frame set forth
Page 7, Line 22in subsection (3)(d)(I) of this section. A person who has been held
Page 7, Line 23in excess of the time limit set forth in subsection (3)(d)(I) of this
Page 7, Line 24section may file a motion for release, and upon receipt of the
Page 8, Line 1motion, the court shall conduct an immediate hearing. If the
Page 8, Line 2court determines at the hearing that the person has been held
Page 8, Line 3in excess of the time limit set forth in subsection (3)(d)(I) of this section, the court shall order the person's immediate release.
Page 8, Line 4SECTION 2. In Colorado Revised Statutes, add 27-65-132 as follows:
Page 8, Line 527-65-132. Recognition of Tribal court commitment orders -
Page 8, Line 6applicability - process - definitions. (1) As used in this section, unless the context otherwise requires:
Page 8, Line 7(a) "Behavioral health commitment order" or "commitment order" includes:
Page 8, Line 8(I) Emergency mental health holds as described in section 27-65-106 or as described in Tribal codes;
Page 8, Line 9(II) Certification for short-term treatment as described in section 27-65-109 or as described in Tribal codes;
Page 8, Line 10(III) Long-term care and treatment of persons with
Page 8, Line 11mental health disorders as described in section 27-65-110 or as described in Tribal codes;
Page 8, Line 12(IV) An emergency commitment as described in section 27-81-111 or as described in Tribal codes;
Page 8, Line 13(V) An involuntary commitment of a person with a
Page 8, Line 14substance use disorder as described in section 27-81-112 or as described in Tribal codes; or
Page 8, Line 15(VI) A commitment order permitted by federal, state, or Tribal law.
Page 8, Line 17(b) "State" means the state of Colorado.
Page 9, Line 1(c) "Tribal court" means any court or other federally or
Page 9, Line 2tribally established tribunal of a federally recognized Tribe
Page 9, Line 3duly established pursuant to federal law or Tribal law,
Page 9, Line 4including the Courts of Indian Offenses, Ute Mountain Ute agency, organized pursuant to 25 CFR part 11.
Page 9, Line 5(d) "Tribe" means the Southern Ute Indian Tribe, the Ute
Page 9, Line 6Mountain Ute Tribe, or a federally recognized tribe
Page 9, Line 7acknowledged by the "Federally Recognized Indian Tribe List Act of 1994", Pub.L. 103-454, 108 Stat. 4791.
Page 9, Line 8(2) The state, county, or municipal law enforcement
Page 9, Line 9agencies; state courts; hospitals; behavioral health facilities;
Page 9, Line 10health-care providers; and others within the state responsible
Page 9, Line 11for providing services to the person subject to a behavioral
Page 9, Line 12health commitment order shall recognize a commitment order
Page 9, Line 13entered by the Tribal court of a federally recognized Tribe
Page 9, Line 14and that concerns a person under the Tribal court's jurisdiction
Page 9, Line 15to the same extent as a commitment order entered by a state court.
Page 9, Line 16(3) A health-care provider may communicate with the
Page 9, Line 17officers of a Tribal court regarding a patient under the
Page 9, Line 18health-care provider's care pursuant to a Tribal court
Page 9, Line 19commitment order described in subsection (2) of this section, to
Page 9, Line 20the same extent that the health-care provider can communicate
Page 9, Line 21with officers of a court pursuant to a state court commitment
Page 9, Line 22order. Communications may include the nature of the treatment
Page 9, Line 23needed and provided, a patient's medical and mental health
Page 9, Line 24status, the extent to which the patient poses a danger to the
Page 10, Line 1patient's self or the community, and, if necessary, the need for additional treatment.
Page 10, Line 2(4) If a Tribal court issues an order rescinding the Tribal
Page 10, Line 3court's original behavioral commitment order, the state,
Page 10, Line 4county, or municipal law enforcement agencies; state courts;
Page 10, Line 5hospitals; behavioral health facilities; health-care providers;
Page 10, Line 6and others within the state responsible for providing services to
Page 10, Line 7the person subject to a behavioral health commitment order
Page 10, Line 8shall recognize the order rescinding the Tribal court's original
Page 10, Line 9behavioral health commitment order and release the person subject to the behavioral health commitment order.
Page 10, Line 10(5) This section applies to people subject to Tribal court behavioral health commitment orders.
Page 10, Line 11SECTION 3. Safety clause. The general assembly finds,
Page 10, Line 12determines, and declares that this act is necessary for the immediate
Page 10, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 14the support and maintenance of the departments of the state and state institutions.