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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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) District courts shall follow the
Page 3, Line 22process outlined 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 a judge in the nearest district court the next day
Page 4, Line 6the court is in session. The district court shall appoint the
Page 4, Line 7person court-appointed counsel if the person is eligible and
Page 4, Line 8inform the person of the existence of the arrest warrant, the
Page 4, Line 9nature of the arrest warrant, and the person's rights, including
Page 4, Line 10the right to counsel, the right to remain silent, the right to
Page 4, Line 11contest the legality of the extradition request, and the right to
Page 4, Line 12waive extradition and knowingly, intelligently, and voluntarily agree to return to the Tribal jurisdiction.
Page 4, Line 13(c) (I) The arrested person identified in subsection (2)(b) of
Page 4, Line 14this section may, in the presence of a district court judge, sign a
Page 4, Line 15waiver of extradition verifying that the person consents to the
Page 4, Line 16return to the Tribal jurisdiction. Before the person signs the
Page 4, Line 17waiver of extradition, the district court judge shall inform the
Page 4, Line 18person 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 district court shall hold the
Page 4, Line 21hearing within seven days after the person facing extradition
Page 4, Line 22requests the hearing unless the district court grants the person
Page 4, Line 23more time to prepare for the hearing. The district court shall
Page 4, Line 24not place a burden on the state at the hearing. The district
Page 4, Line 25court shall not consider the person's guilt or innocence during
Page 5, Line 1the hearing. At the hearing, the district court shall order the
Page 5, Line 2person extradited unless the person challenging the extradition shows by a preponderance of the evidence that:
Page 5, Line 3(A) The law enforcement agency in the arresting
Page 5, Line 4jurisdiction did not verify the validity of the arrest warrant
Page 5, Line 5and did not confirm that the warrant permitted extradition
Page 5, Line 6prior to the person's arrest, resulting in an unconstitutional
Page 5, Line 7illegal seizure pursuant to the state constitution or the United States constitution;
Page 5, Line 8(B) Extradition of the person would violate the state constitution or the United States constitution; or
Page 5, Line 9(C) The person appearing before the court is not the person named in the arrest warrant.
Page 5, Line 10(d) (I) Eligibility for bail.Unless the Tribal court with
Page 5, Line 11jurisdiction over the arrest warrant requests the person be
Page 5, Line 12held without bail, the district court may set bail on the
Page 5, Line 13extradition case. If the district court releases the person on
Page 5, Line 14bail, the district court shall also set a review hearing date and
Page 5, Line 15a deadline for the person to travel to the Tribal court's
Page 5, Line 16jurisdiction and answer the arrest warrant. In setting the
Page 5, Line 17amount and conditions of bail, the district court shall consider
Page 5, Line 18the conditions necessary to ensure the person's appearance
Page 5, Line 19before the district court and to consider the community's
Page 5, Line 20safety. When setting bail, the district court shall consider the amount of bail on the Tribal court arrest warrant.
Page 5, Line 21(II) If the district court receives notice on or before the
Page 5, Line 22review hearing from the Tribal court that the person has
Page 6, Line 1appeared before the Tribal court, the district court shall dismiss the extradition case.
Page 6, Line 2(III) If the person appears before the district court but has
Page 6, Line 3not appeared before the Tribal court as ordered, the district
Page 6, Line 4court shall revoke the extradition bond and order the person extradited.
Page 6, Line 5(IV) If the person fails to appear before the district court,
Page 6, Line 6the district court shall issue an arrest warrant and order
Page 6, Line 7forfeiture of the extradition bond as set forth in section 16-4-111 (3).
Page 6, Line 8(3) Extradition process. (a) The district court shall give
Page 6, Line 9the extradition orders to the person, the person's counsel, the
Page 6, Line 10prosecution, the law enforcement agency with custody of the
Page 6, Line 11person, the Tribal court, and the Tribal law enforcement agency.
Page 6, Line 12(b) If the district court determines that the person must
Page 6, Line 13be held without bail pending extradition, the district court
Page 6, Line 14shall order the law enforcement agency with custody of the
Page 6, Line 15person to notify the requesting Tribal court when any other
Page 6, Line 16local holds are resolved and the person may be transported to the Tribal court's jurisdiction.
Page 6, Line 17(c) When the law enforcement agency with custody of the
Page 6, Line 18person notifies the Tribal jurisdiction that a person is available
Page 6, Line 19for extradition, the law enforcement agency shall notify the district court of the date and time of the notice.
Page 6, Line 20(d) (I) Upon receiving a valid order from a district court
Page 6, Line 21authorizing the extradition of the person and notification from
Page 7, Line 1the law enforcement agency with custody of the person that
Page 7, Line 2there are no local holds preventing transport, the Tribe shall
Page 7, Line 3arrange transport of the person to the Tribe's detention facility
Page 7, Line 4without undue delay unless otherwise agreed upon by the law
Page 7, Line 5enforcement agency with custody of the person and the law
Page 7, Line 6enforcement authority of the Tribal jurisdiction. The Tribe
Page 7, Line 7shall take custody of the person within seventy-two hours
Page 7, Line 8after receipt of the extradition order and notice that the person is available for transport.
Page 7, Line 9(II) Notwithstanding subsection (3)(d)(I) of this section to
Page 7, Line 10the contrary, if a Tribe is not able to take custody of the person
Page 7, Line 11within seventy-two hours after receipt of the extradition order
Page 7, Line 12and notice that the person is available for transport, the
Page 7, Line 13district court may, upon a finding of good cause, adjust the time frame as necessary for the Tribe to take custody of the person.
Page 7, Line 14(e) If a district court orders extradition and the district
Page 7, Line 15court receives information that the Tribal jurisdiction has
Page 7, Line 16custody of the person or the person has appeared before the
Page 7, Line 17Tribal court, the district court shall dismiss the extradition case and order the extradition bond released.
Page 7, Line 18(f) Except for a district court's finding of good cause to
Page 7, Line 19hold a person longer than seventy-two hours pursuant to
Page 7, Line 20subsection (3)(d)(II) of this section, the law enforcement agency
Page 7, Line 21with custody of the person shall release the person if the Tribe
Page 7, Line 22has not taken custody of the person within the time frame set
Page 7, Line 23forth in subsection (3)(d)(I) of this section. A person who has
Page 7, Line 24been held in excess of the time limit set forth in subsection
Page 8, Line 1(3)(d)(I) of this section may file a motion for release, and upon
Page 8, Line 2receipt of the motion, the court shall conduct an immediate
Page 8, Line 3hearing. If the court determines at the hearing that the person
Page 8, Line 4has been held in excess of the time limit set forth in subsection
Page 8, Line 5(3)(d)(I) of this section, the court shall order the person's immediate release.
Page 8, Line 6SECTION 2. In Colorado Revised Statutes, add 27-65-132 as follows:
Page 8, Line 727-65-132. Recognition of Tribal court commitment orders -
Page 8, Line 8applicability - process - definitions. (1) As used in this section, unless the context otherwise requires:
Page 8, Line 9(a) "Behavioral health commitment order" or "commitment order" includes:
Page 8, Line 10(I) Emergency mental health holds as described in section 27-65-106 or as described in Tribal codes;
Page 8, Line 11(II) Certification for short-term treatment as described in section 27-65-109 or as described in Tribal codes;
Page 8, Line 12(III) Long-term care and treatment of persons with
Page 8, Line 13mental health disorders as described in section 27-65-110 or as described in Tribal codes;
Page 8, Line 14(IV) An emergency commitment as described in section 27-81-111 or as described in Tribal codes;
Page 8, Line 15(V) An involuntary commitment of a person with a
Page 8, Line 16substance use disorder as described in section 27-81-112 or as described in Tribal codes; or
Page 8, Line 17(VI) A commitment order permitted by federal, state, or
Page 8, Line 18Tribal law.
Page 9, Line 1(b) "State" means the state of Colorado.
Page 9, Line 2(c) "Tribal court" means any court or other federally or
Page 9, Line 3tribally established tribunal of a federally recognized Tribe
Page 9, Line 4duly established pursuant to federal law or Tribal law,
Page 9, Line 5including the Courts of Indian Offenses, Ute Mountain Ute agency, organized pursuant to 25 CFR part 11.
Page 9, Line 6(d) "Tribe" means the Southern Ute Indian Tribe, the Ute
Page 9, Line 7Mountain Ute Tribe, or a federally recognized tribe
Page 9, Line 8acknowledged by the "Federally Recognized Indian Tribe List Act of 1994", Pub.L. 103-454, 108 Stat. 4791.
Page 9, Line 9(2) The state, county, or municipal law enforcement
Page 9, Line 10agencies; state courts; hospitals; behavioral health facilities;
Page 9, Line 11health-care providers; and others within the state responsible
Page 9, Line 12for providing services to the person subject to a behavioral
Page 9, Line 13health commitment order shall recognize a commitment order
Page 9, Line 14entered by the Tribal court of a federally recognized Tribe
Page 9, Line 15and that concerns a person under the Tribal court's jurisdiction
Page 9, Line 16to the same extent as a commitment order entered by a state court.
Page 9, Line 17(3) A health-care provider may communicate with the
Page 9, Line 18officers of a Tribal court regarding a patient under the
Page 9, Line 19health-care provider's care pursuant to a Tribal court
Page 9, Line 20commitment order described in subsection (2) of this section, to
Page 9, Line 21the same extent that the health-care provider can communicate
Page 9, Line 22with officers of a court pursuant to a state court commitment
Page 9, Line 23order. Communications may include the nature of the treatment
Page 10, Line 1needed and provided, a patient's medical and mental health
Page 10, Line 2status, the extent to which the patient poses a danger to the
Page 10, Line 3patient's self or the community, and, if necessary, the need for additional treatment.
Page 10, Line 4(4) If a Tribal court issues an order rescinding the Tribal
Page 10, Line 5court's original behavioral commitment order, the state,
Page 10, Line 6county, or municipal law enforcement agencies; state courts;
Page 10, Line 7hospitals; behavioral health facilities; health-care providers;
Page 10, Line 8and others within the state responsible for providing services to
Page 10, Line 9the person subject to a behavioral health commitment order
Page 10, Line 10shall recognize the order rescinding the Tribal court's original
Page 10, Line 11behavioral health commitment order and release the person subject to the behavioral health commitment order.
Page 10, Line 12(5) This section applies to people subject to Tribal court behavioral health commitment orders.
Page 10, Line 13SECTION 3. Safety clause. The general assembly finds,
Page 10, Line 14determines, and declares that this act is necessary for the immediate
Page 10, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 16the support and maintenance of the departments of the state and state institutions.