Yes. Although in practice, Colorado police rarely take the time and expense to extradite fugitives to Colorado who are facing only Colorado misdemeanor charges.
1. What is the definition of extradition to Colorado?
Extradition is how a state government physically brings back a fugitive to that state to face charges for crimes the fugitive allegedly committed in that state.1
The five steps of extraditing someone to Colorado include:
- Colorado (“the demanding state“) informs authorities in the state where the fugitive is (the “asylum state“) that a fugitive is in its jurisdiction,
- the governor in the asylum state signs a governor’s warrant for the fugitive’s arrest,
- the asylum state arrests the fugitive (unless it already occurred),
- a writ of habeas corpus hearing is held (unless the fugitive waives it),
- Colorado authorities pick up the fugitive and transfer him/her back to Colorado.2
2. What is a governor’s warrant?
A governor’s warrant kicks off the process of extraditing a fugitive to Colorado. An official governor’s warrant must contain the following:
- the asylum state governor’s signature sealed with the state seal,
- directions of how to execute the warrant, and
- a substantial recitation of the facts of the case.3
Furthermore, the fugitive needs to be listed with the NCIC (the United States Crime Information Center).4
3. Is a writ of habeas corpus involved?
Yes. After the asylum state’s governor signs the warrant, local police will attempt to arrest the fugitive (if he/she is still in the state). Following the arrest, the fugitive gets a special hearing in front of a judge in the asylum state.
The special hearing is called a writ of habeas corpus hearing. The primary purpose of the hearing is to ensure that authorities have followed all proper extradition procedures.5
This hearing has nothing to do with whether the fugitive is innocent or guilty of the underlying crime–that can be determined only in Colorado, not the asylum state.
4. Can a fugitive waive extradition to Colorado?
Yes. The fugitive can elect to waive a writ of habeas corpus hearing. One benefit of waiving extradition is that it expedites the process, and the fugitive returns to Colorado more quickly.
But in some cases, the fugitive may want to draw out the process as long as possible and stay out of Colorado. A criminal defense attorney can help the person decide whether it is in his/her best interest to waive extradition.
5. What are some extraditable offenses?
Colorado authorities may pursue extradition of fugitives suspected of any crime, including:
- felonies,
- misdemeanors, or
- petty offenses
However, fugitives accused of only misdemeanors and petty offenses rarely face extradition back to Colorado. This is because extradition is an expensive process, sometimes amounting to $4,000 or more. You can find out more information on the differences between a felony and a misdemeanor here.
Because of limitations of money and manpower, Colorado police typically attempt to extradite fugitives only when the cases involve either of the following:
- homicide,
- sexual assault,
- theft of large amounts of money or goods,
- trafficking or large amounts of drugs,
- heavy media attention, and
- any other situation where the authorities deem extradition “worth” the effort.
6. What is the Uniform Criminal Extradition Act?
The Uniform Criminal Extradition Act (UCEA) is an agreement between nearly all 50 states to follow strict regulations for extraditing alleged criminals in and out of their states. Only Missouri and South Carolina have not adopted the UCEA.
The UCEA is a “model” act that states can adopt “as-is” or modify, so long as the modifications do not conflict with federal law. Most states have made at least some minor modifications to the act, while others have significantly added to its protections.
Learn more about Colorado extradition laws.
Legal References:
- Black’s Law Dictionary, Sixth Edition, “Extradition.”
- CRS 16-19-104 (Form of Demand); see also Rodriquez v. Sandoval, (Colo. 1984) 680 P.2d 1278.
- CRS 16-19-103 (Fugitives from Justice). See also Briddle v. Caldwell, (Colo. 1981) 628 P.2d 613.
- FBI website, “United States National Crime Information Center (NCIC).”
- CRS 13-45-103.
