First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0206.01 Alana Rosen x2606
SENATE BILL 25-009
Senate Committees House Committees
Judiciary Judiciary
A BILL FOR AN ACT
C
ONCERNING RECOGNITION OF CERTAIN TRIBAL COURT ORDERS.101
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
HOUSE
3rd Reading Unamended
April 14, 2025
HOUSE
2nd Reading Unamended
April 11, 2025
SENATE
3rd Reading Unamended
March 25, 2025
SENATE
Amended 2nd Reading
March 21, 2025
SENATE SPONSORSHIP
Roberts and Danielson, Simpson, Amabile, Ball, Bridges, Carson, Coleman, Cutter,
Exum, Frizell, Gonzales J., Jodeh, Kipp, Kirkmeyer, Kolker, Lundeen, Marchman,
Michaelson Jenet, Rodriguez, Snyder, Sullivan, Wallace, Weissman, Winter F.
HOUSE SPONSORSHIP
Weinberg and Joseph, Duran, Bacon, Bird, Boesenecker, Bradley, Clifford, Gonzalez R.,
Hamrick, Keltie, Lieder, Lindsay, McCluskie, Rydin, Stewart K.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 7 to article2
3 of title 16 as follows:3
PART 74
RECOGNITION OF5
TRIBAL COURT ARREST WARRANTS6
16-3-701. Definitions. A
S USED IN THIS PART 7, UNLESS THE7
CONTEXT OTHERWISE REQUIRES :8
9
(1) "STATE" MEANS THE STATE OF COLORADO.10
(2) "TRIBAL COURT" MEANS ANY COURT OR OTHER FEDERALLY OR11
TRIBALLY ESTABLISHED TRIBUNAL OF A FEDERALLY RECOGNIZED TRIBE 12
DULY ESTABLISHED PURSUANT TO FEDERAL LAW OR TRIBAL LAW,13
INCLUDING THE COURTS OF INDIAN OFFENSES, UTE MOUNTAIN UTE14
AGENCY, ORGANIZED PURSUANT TO 25 CFR PART 11.15
(3) "TRIBE" MEANS THE SOUTHERN UTE INDIAN TRIBE, THE UTE16
M
OUNTAIN UTE TRIBE, OR A FEDERALLY RECOGNIZED TRIBE
17
ACKNOWLEDGED BY THE "FEDERALLY RECOGNIZED INDIAN TRIBE LIST18
A
CT OF 1994", PUB.L. 103-454, 108 STAT. 4791.
19
009-2- 16-3-702. Recognition of Tribal court orders - arrest warrants1
- full faith and credit. A
STATE COURT SHALL GIVE FULL FAITH AND2
CREDIT TO AN ARREST WARRANT ISSUED BY A TRIBAL COURT OF A3
FEDERALLY RECOGNIZED TRIBE.
4
16-3-703. Recognition of Tribal court orders - arrest warrants5
- process. (1) UPON ISSUANCE OF A TRIBAL COURT ARREST WARRANT , A6
PEACE OFFICER IN THE STATE MAY APPREHEND THE PERSON IDENTIFIED IN7
THE TRIBAL WARRANT IF THE PEACE OFFICER VERIFIES THE VALIDITY OF8
THE WARRANT AND CONFIRMS THAT THE WARRANT PERMITS EXTRADITION .9
T
HE LAW ENFORCEMENT AGENCY IN THE ARRESTING JURISDICTION MAY
10
SURRENDER A PERSON ARRESTED PURSUANT TO A TRIBAL ARREST11
WARRANT TO THE LAW ENFORCEMENT AGENCY OF THE TRIBAL12
JURISDICTION IF THE LAW ENFORCEMENT AGENCY OF THE TRIBAL13
JURISDICTION IS AVAILABLE TO TAKE CUSTODY OF THE PERSON . IF THE14
LAW ENFORCEMENT AGENCY OF THE TRIBAL JURISDICTION IS NOT15
AVAILABLE TO TAKE CUSTODY OF THE PERSON , THE LAW ENFORCEMENT16
AGENCY IN THE ARRESTING JURISDICTION SHALL HOLD THE PERSON IN THE17
COUNTY DETENTION FACILITY OF THE LAW ENFORCEMENT AGENCY IN THE18
ARRESTING JURISDICTION. IF THE ARREST WARRANT IS NON-EXTRADITABLE19
OR IF THE BOND ON THE ARREST WARRANT IS A PERSONAL RECOGNIZANCE20
BOND, THE LAW ENFORCEMENT AGENCY IN THE ARRESTING JURISDICTION21
MUST IMMEDIATELY RELEASE THE PERSON FROM STATE CUSTODY .22
(2) Court Process. (a) C
OURTS SHALL FOLLOW THE PROCESS
23
OUTLINED IN THIS SUBSECTION (2) FOR EXTRADITION CASES ARISING FROM24
A TRIBAL COURT ORDER.25
(b) I
F A PERSON IS ARRESTED ON A TRIBAL COURT ARREST
26
WARRANT AND THE LAW ENFORCEMENT AGENCY IN THE ARRESTING27
009
-3- JURISDICTION DOES NOT SURRENDER THE PERSON IMMEDIATELY TO THE1
LAW ENFORCEMENT AGENCY OF THE TRIBAL JURISDICTION AS DESCRIBED2
IN SUBSECTION (1) OF THIS SECTION, A PEACE OFFICER OF THE LAW3
ENFORCEMENT AGENCY WITH CUSTODY OF THE PERSON SHALL BRING THE4
PERSON BEFORE THE NEAREST COURT IN THE TIME FRAME DESCRIBED IN5
SECTIONS 13-10-111.5 (5) AND 16-4-102 (2)(a)(II). THE COURT SHALL6
APPOINT THE OFFICE OF THE STATE PUBLIC DEFENDER TO THE PERSON IF7
THE PERSON IS ELIGIBLE AND INFORM THE PERSON OF THE EXISTENCE OF8
THE ARREST WARRANT, THE NATURE OF THE ARREST WARRANT , AND THE9
PERSON'S RIGHTS, INCLUDING THE RIGHT TO COUNSEL , THE RIGHT TO10
REMAIN SILENT, THE RIGHT TO CONTEST THE LEGALITY OF THE11
EXTRADITION REQUEST, AND THE RIGHT TO WAIVE EXTRADITION AND12
KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY AGREE TO RETURN TO13
THE TRIBAL JURISDICTION.14
(c) (I) T
HE ARRESTED PERSON IDENTIFIED IN SUBSECTION (2)(b) OF
15
THIS SECTION MAY, IN THE PRESENCE OF THE COURT, SIGN A WAIVER OF16
EXTRADITION VERIFYING THAT THE PERSON CONSENTS TO THE RETURN TO17
THE TRIBAL JURISDICTION. BEFORE THE PERSON SIGNS THE WAIVER OF18
EXTRADITION, THE COURT SHALL INFORM THE PERSON OF THE PERSON 'S19
RIGHT TO TEST THE LEGALITY OF THE EXTRADITION REQUEST .20
(II) I
F A PERSON REQUESTS A HEARING TO TEST THE LEGALITY OF
21
THE EXTRADITION REQUEST, THE COURT SHALL HOLD THE HEARING WITHIN22
SEVEN DAYS AFTER THE PERSON FACING EXTRADITION REQUESTS THE23
HEARING UNLESS THE COURT GRANTS THE PERSON MORE TIME TO PREPARE24
FOR THE HEARING. THE COURT SHALL NOT PLACE A BURDEN ON THE STATE25
AT THE HEARING. THE COURT SHALL NOT CONSIDER THE PERSON 'S GUILT26
OR INNOCENCE DURING THE HEARING. AT THE HEARING, THE COURT SHALL27
009
-4- ORDER THE PERSON EXTRADITED UNLESS THE PERSON CHALLENGING THE1
EXTRADITION SHOWS BY A PREPONDERANCE OF THE EVIDENCE THAT :2
(A) T
HE LAW ENFORCEMENT AGENCY IN THE ARRESTING
3
JURISDICTION DID NOT VERIFY THE VALIDITY OF THE ARREST WARRANT4
AND DID NOT CONFIRM THAT THE WARRANT PERMITTED EXTRADITION5
PRIOR TO THE PERSON'S ARREST, RESULTING IN AN UNCONSTITUTIONAL6
ILLEGAL SEIZURE PURSUANT TO THE STATE CONSTITUTION OR THE UNITED7
S
TATES CONSTITUTION;
8
(B) E
XTRADITION OF THE PERSON WOULD VIOLATE THE STATE
9
CONSTITUTION OR THE UNITED STATES CONSTITUTION; OR10
(C) T
HE PERSON APPEARING BEFORE THE COURT IS NOT THE
11
PERSON NAMED IN THE ARREST WARRANT .12
(d) (I) Eligibility for bail. U
NLESS THE TRIBAL COURT WITH
13
JURISDICTION OVER THE ARREST WARRANT REQUESTS THE PERSON BE14
HELD WITHOUT BAIL, THE COURT MAY SET BAIL ON THE EXTRADITION15
CASE. IF THE COURT RELEASES THE PERSON ON BAIL , THE COURT SHALL16
ALSO SET A REVIEW HEARING DATE AND A DEADLINE FOR THE PERSON TO17
TRAVEL TO THE TRIBAL COURT'S JURISDICTION AND ANSWER THE ARREST18
WARRANT. IN SETTING THE AMOUNT AND CONDITIONS OF BAIL , THE COURT19
SHALL CONSIDER THE CONDITIONS NECESSARY TO ENSURE THE PERSON 'S20
APPEARANCE BEFORE THE COURT AND TO CONSIDER THE COMMUNITY 'S21
SAFETY. WHEN SETTING BAIL, THE COURT SHALL CONSIDER THE AMOUNT22
OF BAIL ON THE TRIBAL COURT ARREST WARRANT .23
(II) I
F THE COURT RECEIVES NOTICE FROM THE LAW ENFORCEMENT
24
AGENCY WITH CUSTODY OF THE PERSON OR THE DISTRICT ATTORNEY ON25
OR BEFORE THE REVIEW HEARING FROM THE TRIBAL COURT THAT THE26
PERSON HAS APPEARED BEFORE THE TRIBAL COURT, THE COURT SHALL27
009
-5- DISMISS THE EXTRADITION CASE.1
(III) I
F THE PERSON APPEARS BEFORE THE COURT BUT HAS NOT
2
APPEARED BEFORE THE TRIBAL COURT AS ORDERED, UPON NOTICE FROM3
THE LAW ENFORCEMENT AGENCY WITH CUSTODY OF THE PERSON OR THE4
DISTRICT ATTORNEY, THE COURT SHALL REVOKE THE EXTRADITION BOND5
AND ORDER THE PERSON EXTRADITED .6
(IV) I
F THE PERSON FAILS TO APPEAR BEFORE THE COURT , THE
7
COURT SHALL ISSUE AN ARREST WARRANT AND ORDER FORFEITURE OF THE8
EXTRADITION BOND AS SET FORTH IN SECTION 16-4-111 (3).9
(3) Extradition process. (a) T
HE COURT SHALL GIVE THE
10
EXTRADITION ORDERS TO THE PERSON , THE PERSON'S COUNSEL, THE11
PROSECUTION, THE LAW ENFORCEMENT AGENCY WITH CUSTODY OF THE12
PERSON, THE TRIBAL COURT, AND THE TRIBAL LAW ENFORCEMENT13
AGENCY.14
(b) I
F THE COURT DETERMINES THAT THE PERSON MUST BE HELD
15
WITHOUT BAIL PENDING EXTRADITION , THE COURT SHALL ORDER THE LAW16
ENFORCEMENT AGENCY WITH CUSTODY OF THE PERSON TO NOTIFY THE17
REQUESTING TRIBAL COURT WHEN ANY OTHER LOCAL HOLDS ARE18
RESOLVED AND THE PERSON MAY BE TRANSPORTED TO THE TRIBAL19
COURT'S JURISDICTION.20
(c) W
HEN THE LAW ENFORCEMENT AGENCY WITH CUSTODY OF THE
21
PERSON NOTIFIES THE TRIBAL JURISDICTION THAT A PERSON IS AVAILABLE22
FOR EXTRADITION, THE LAW ENFORCEMENT AGENCY SHALL NOTIFY THE23
COURT OF THE DATE AND TIME OF THE NOTICE .24
(d) (I) U
PON RECEIVING A VALID ORDER FROM A COURT
25
AUTHORIZING THE EXTRADITION OF THE PERSON AND NOTIFICATION FROM26
THE LAW ENFORCEMENT AGENCY WITH CUSTODY OF THE PERSON THAT27
009
-6- THERE ARE NO LOCAL HOLDS PREVENTING TRANSPORT , THE TRIBE SHALL1
ARRANGE TRANSPORT OF THE PERSON TO THE TRIBE'S DETENTION FACILITY2
WITHOUT UNDUE DELAY UNLESS OTHERWISE AGREED UPON BY THE LAW3
ENFORCEMENT AGENCY WITH CUSTODY OF THE PERSON AND THE LAW4
ENFORCEMENT AUTHORITY OF THE TRIBAL JURISDICTION. THE TRIBE5
SHALL TAKE CUSTODY OF THE PERSON WITHIN SEVENTY -TWO HOURS6
AFTER RECEIPT OF THE EXTRADITION ORDER AND NOTICE THAT THE7
PERSON IS AVAILABLE FOR TRANSPORT .8
(II) N
OTWITHSTANDING SUBSECTION (3)(d)(I) OF THIS SECTION TO
9
THE CONTRARY, IF A TRIBE IS NOT ABLE TO TAKE CUSTODY OF THE PERSON10
WITHIN SEVENTY-TWO HOURS AFTER RECEIPT OF THE EXTRADITION ORDER11
AND NOTICE THAT THE PERSON IS AVAILABLE FOR TRANSPORT , THE COURT12
MAY, UPON A FINDING OF GOOD CAUSE , ADJUST THE TIME FRAME AS13
NECESSARY FOR THE TRIBE TO TAKE CUSTODY OF THE PERSON .14
(e) I
F A COURT ORDERS EXTRADITION AND THE COURT RECEIVES
15
INFORMATION THAT THE TRIBAL JURISDICTION HAS CUSTODY OF THE16
PERSON OR THE PERSON HAS APPEARED BEFORE THE TRIBAL COURT, THE17
COURT SHALL DISMISS THE EXTRADITION CASE AND ORDER THE18
EXTRADITION BOND RELEASED .19
(f) E
XCEPT FOR A COURT'S FINDING OF GOOD CAUSE TO HOLD A
20
PERSON LONGER THAN SEVENTY -TWO HOURS PURSUANT TO SUBSECTION21
(3)(d)(II)
OF THIS SECTION, THE LAW ENFORCEMENT AGENCY WITH
22
CUSTODY OF THE PERSON SHALL RELEASE THE PERSON IF THE TRIBE HAS23
NOT TAKEN CUSTODY OF THE PERSON WITHIN THE TIME FRAME SET FORTH24
IN SUBSECTION (3)(d)(I) OF THIS SECTION. A PERSON WHO HAS BEEN HELD25
IN EXCESS OF THE TIME LIMIT SET FORTH IN SUBSECTION (3)(d)(I) OF THIS26
SECTION MAY FILE A MOTION FOR RELEASE , AND UPON RECEIPT OF THE27
009
-7- MOTION, THE COURT SHALL CONDUCT AN IMMEDIATE HEARING . IF THE1
COURT DETERMINES AT THE HEARING THAT THE PERSON HAS BEEN HELD2
IN EXCESS OF THE TIME LIMIT SET FORTH IN SUBSECTION (3)(d)(I) OF THIS3
SECTION, THE COURT SHALL ORDER THE PERSON 'S IMMEDIATE RELEASE.4
SECTION 2. In Colorado Revised Statutes, add 27-65-132 as5
follows:6
27-65-132. Recognition of Tribal court commitment orders -7
applicability - process - definitions. (1) A S USED IN THIS SECTION,8
UNLESS THE CONTEXT OTHERWISE REQUIRES :9
(a) "B
EHAVIORAL HEALTH COMMITMENT ORDER " OR10
"
COMMITMENT ORDER " INCLUDES:11
(I) E
MERGENCY MENTAL HEALTH HOLDS AS DESCRIBED IN SECTION12
27-65-106
OR AS DESCRIBED IN TRIBAL CODES;13
(II) C
ERTIFICATION FOR SHORT-TERM TREATMENT AS DESCRIBED14
IN SECTION 27-65-109 OR AS DESCRIBED IN TRIBAL CODES;15
(III) L
ONG-TERM CARE AND TREATMENT OF PERSONS WITH16
MENTAL HEALTH DISORDERS AS DESCRIBED IN SECTION 27-65-110 OR AS17
DESCRIBED IN TRIBAL CODES;18
(IV) A
N EMERGENCY COMMITMENT AS DESCRIBED IN SECTION19
27-81-111
OR AS DESCRIBED IN TRIBAL CODES;20
(V) A
N INVOLUNTARY COMMITMENT OF A PERSON WITH A21
SUBSTANCE USE DISORDER AS DESCRIBED IN SECTION 27-81-112 OR AS22
DESCRIBED IN TRIBAL CODES; OR23
(VI) A
COMMITMENT ORDER PERMITTED BY FEDERAL , STATE, OR24
T
RIBAL LAW.25
26
(b) "STATE" MEANS THE STATE OF COLORADO.27
009
-8- (c) "TRIBAL COURT" MEANS ANY COURT OR OTHER FEDERALLY OR1
TRIBALLY ESTABLISHED TRIBUNAL OF A FEDERALLY RECOGNIZED TRIBE 2
DULY ESTABLISHED PURSUANT TO FEDERAL LAW OR TRIBAL LAW,3
INCLUDING THE COURTS OF INDIAN OFFENSES, UTE MOUNTAIN UTE4
AGENCY, ORGANIZED PURSUANT TO 25 CFR PART 11.5
(d) "TRIBE" MEANS THE SOUTHERN UTE INDIAN TRIBE, THE UTE6
M
OUNTAIN UTE TRIBE, OR A FEDERALLY RECOGNIZED TRIBE
7
ACKNOWLEDGED BY THE "FEDERALLY RECOGNIZED INDIAN TRIBE LIST8
A
CT OF 1994", PUB.L. 103-454, 108 STAT. 4791.
9
(2) T
HE STATE, COUNTY, OR MUNICIPAL LAW ENFORCEMENT10
AGENCIES; STATE COURTS; HOSPITALS; BEHAVIORAL HEALTH FACILITIES;11
HEALTH-CARE PROVIDERS; AND OTHERS WITHIN THE STATE RESPONSIBLE
12
FOR PROVIDING SERVICES TO THE PERSON SUBJECT TO A BEHAVIORAL13
HEALTH COMMITMENT ORDER SHALL RECOGNIZE A COMMITMENT ORDER14
ENTERED BY THE TRIBAL COURT OF A FEDERALLY RECOGNIZED TRIBE 15
AND THAT CONCERNS A PERSON UNDER THE TRIBAL COURT'S JURISDICTION16
TO THE SAME EXTENT AS A COMMITMENT ORDER ENTERED BY A STATE17
COURT.18
(3) A
HEALTH-CARE PROVIDER MAY COMMUNICATE WITH THE19
OFFICERS OF A TRIBAL COURT REGARDING A PATIENT UNDER THE20
HEALTH-CARE PROVIDER'S CARE PURSUANT TO A TRIBAL COURT21
COMMITMENT ORDER DESCRIBED IN SUBSECTION (2) OF THIS SECTION, TO22
THE SAME EXTENT THAT THE HEALTH-CARE PROVIDER CAN COMMUNICATE23
WITH OFFICERS OF A COURT PURSUANT TO A STATE COURT COMMITMENT24
ORDER. COMMUNICATIONS MAY INCLUDE THE NATURE OF THE TREATMENT25
NEEDED AND PROVIDED , A PATIENT'S MEDICAL AND MENTAL HEALTH26
STATUS, THE EXTENT TO WHICH THE PATIENT POSES A DANGER TO THE27
009
-9- PATIENT'S SELF OR THE COMMUNITY, AND, IF NECESSARY, THE NEED FOR1
ADDITIONAL TREATMENT.2
(4) I
F A TRIBAL COURT ISSUES AN ORDER RESCINDING THE TRIBAL
3
COURT'S ORIGINAL BEHAVIORAL COMMITMENT ORDER , THE STATE,4
COUNTY, OR MUNICIPAL LAW ENFORCEMENT AGENCIES ; STATE COURTS;5
HOSPITALS; BEHAVIORAL HEALTH FACILITIES; HEALTH-CARE PROVIDERS;6
AND OTHERS WITHIN THE STATE RESPONSIBLE FOR PROVIDING SERVICES TO7
THE PERSON SUBJECT TO A BEHAVIORAL HEALTH COMMITMENT ORDER8
SHALL RECOGNIZE THE ORDER RESCINDING THE TRIBAL COURT'S ORIGINAL9
BEHAVIORAL HEALTH COMMITMENT ORDER AND RELEASE THE PERSON10
SUBJECT TO THE BEHAVIORAL HEALTH COMMITMENT ORDER .11
(5) T
HIS SECTION APPLIES TO PEOPLE SUBJECT TO TRIBAL COURT
12
BEHAVIORAL HEALTH COMMITMENT ORDERS .13
SECTION 3. Safety clause. The general assembly finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety or for appropriations for16
the support and maintenance of the departments of the state and state17
institutions. 18
009
-10-