CO Code § 16-4-109 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 4 - Release From Custody Pending Final Adjudication|Part 1 - Release on Bail|§ 16-4-109. Reduction or Increase of Monetary Conditions of Bond - Change in Type of Bond or Conditions of Bond - Definitions

  Upon application by the district attorney or the defendant, the court before which the proceeding is pending may increase or decrease the financial conditions of bond, may require additional security for a bond, may dispense with security theretofore provided, or may alter any other condition of the bond.    Reasonable notice of an application for modification of a bond by the defendant shall be given to the district attorney.    Reasonable notice of application for modification of a bond by the district attorney shall be given to the defendant, except as provided in subsection (4) of this section.      Upon verified application by the district attorney or a bonding commissioner stating facts or circumstances constituting a breach or a threatened breach of any of the conditions of the bond, the court may issue a warrant commanding any peace officer to bring the defendant without unnecessary delay before the court for a hearing on the matters set forth in the application. Upon issuance of the warrant, the bonding commissioner shall notify the bail bond agent of record by electronic mail to the agent if available within twenty-four hours or by certified mail not more than fourteen days after the warrant is issued. At the conclusion of the hearing, the court may enter an order authorized by subsection (1) of this section. If a bonding commissioner files an application for a hearing pursuant to this subsection (4), the bonding commissioner shall notify the district attorney, for the jurisdiction in which the application is made, of the application within twenty-four hours following the filing of the application.    As used in this subsection (4), “bonding commissioner” means a person employed by a pretrial services program as described in section 16-4-106 (3), and so designated as a bonding commissioner by the chief or presiding judge of the judicial district.       The district attorney has the right to appear at all hearings seeking modification of the terms and conditions of bond and may advise the court on all pertinent matters during the hearing.      History. Source: L. 2013: Entire part R&RE,(HB 13-1236), ch. 202, p. 830, § 2, effective May 11.    ANNOTATION   Annotator's note. Since § 16-4-109 is similar to § 16-4-107 as it existed prior to the 2013 repeal and reenactment of this part 1, relevant cases decided under that provision and former provisions similar to that section have been included in the annotations to this section.   Equal protection not violated. Persons detained pursuant to this section are not similarly situated to persons detained pursuant to § 16-4-103 and the difference in treatment accorded the two classes of detainees is rationally related to a legitimate state interest. People v. Fields, 697 P.2d 749 (Colo. App. 1984).   It is not incumbent upon defendant to affirmatively show validity of bond after the bond is executed. Stephenson v. District Court, 629 P.2d 1078 (Colo. 1981).   This section provides for notice where the amount or conditions of bail are to be altered. Vaughn v. District Court, 192 Colo. 348 , 559 P.2d 222 (1977).   Court not to modify executed bond sua sponte. This section makes no provision for a trial court, sua sponte, to modify a defendant's bond once that bond has been executed. Stephenson v. District Court, 629 P.2d 1078 (Colo. 1981).   There is no prior notice requirement for exoneration of the surety when the principal is surrendered in open court. Vaughn v. District Court, 192 Colo. 348 , 559 P.2d 222 (1977).   Notification of sureties when bail converted to personal recognizance. The notice provision for sureties in § 16-4-105 (1)(p) applies to a person for whom bail has not yet been fixed and who is on release under a surety bond on a pending charge different from the charge from which he seeks release on personal recognizance. Since defendant is not seeking release, but rather simply seeking to modify the type of bond on which he has already been released, the provisions of this section also do not apply. People v. Anderson, 789 P.2d 1115 (Colo. App. 1990).