CO Code § 16-4-104 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 4 - Release From Custody Pending Final Adjudication|Part 1 - Release on Bail|§ 16-4-104. Types of Bond Set by the Court

  The court shall determine, after consideration of all relevant criteria, which of the following types of bond is appropriate for the pretrial release of a person in custody, subject to the relevant statutory conditions of release listed in section 16-4-105. The person may be released upon execution of:   An unsecured personal recognizance bond in an amount specified by the court. The court may require additional obligors on the bond as a condition of the bond.    An unsecured personal recognizance bond with additional nonmonetary conditions of release designed specifically to reasonably ensure the appearance of the person in court and the safety of any person or persons or the community;    A bond with secured monetary conditions when reasonable and necessary to ensure the appearance of the person in court or the safety of any person or persons or the community. The financial conditions shall state an amount of money that the person must post with the court in order for the person to be released. The person may be released from custody upon execution of bond in the full amount of money to be secured by any one of the following methods, as selected by the person to be released, unless the court makes factual findings on the record with respect to the person to be released that a certain method of bond, as selected by the court, is necessary to ensure the appearance of the person in court or the safety of any person, persons, or the community:   By a deposit with the clerk of the court of an amount of cash equal to the monetary condition of the bond;    By real estate situated in this state with unencumbered equity not exempt from execution owned by the accused or any other person acting as surety on the bond, which unencumbered equity shall be at least one and one-half the amount of the security set in the bond;    By sureties worth at least one and one-half of the security set in the bond; or    By a bail bonding agent, as defined in section 16-1-104 (3.5).       A bond with secured real estate conditions when it is determined that release on an unsecured personal recognizance bond without monetary conditions will not reasonably ensure the appearance of the person in court or the safety of any person or persons or the community. For a bond secured by real estate, the bond shall not be accepted by the clerk of the court unless the record owner of such property presents to the clerk of the court the original deed of trust as set forth in subparagraph (IV) of this paragraph (d) and the applicable recording fee. Upon receipt of the deed of trust and fee, the clerk of the court shall record the deed of trust with the clerk and recorder for the county in which the property is located. For a bond secured by real estate, the amount of the owner's unencumbered equity shall be determined by deducting the amount of all encumbrances listed in the owner and encumbrances certificate from the actual value of such real estate as shown on the current notice of valuation. The owner of the real estate shall file with the bond the following, which shall constitute a material part of the bond:   The current notice of valuation for such real estate prepared by the county assessor pursuant to section 39-5-121, C.R.S.; and    Evidence of title issued by a title insurance company or agent licensed pursuant to article 11 of title 10, C.R.S., within thirty-five days after the date upon which the bond is filed; and    A sworn statement by the owner of the real estate that the real estate is security for the compliance by the accused with the primary condition of the bond; and    A deed of trust to the public trustee of the county in which the real estate is located that is executed and acknowledged by all record owners of the real estate. The deed of trust shall name the clerk of the court approving the bond as beneficiary. The deed of trust shall secure an amount equal to one and one-half times the amount of the bond.          Unless the district attorney consents or unless the court imposes certain additional individualized conditions of release as described in section 16-4-105, a person must not be released on an unsecured personal recognizance bond pursuant to paragraph   of subsection (1) of this section under the following circumstances:    The person has a record of conviction of a class 1 misdemeanor within two years or a felony within five years, prior to the bail hearing; or    The person has willfully failed to appear on bond in any case involving a felony or a class 1 misdemeanor charge in the preceding five years.       A person may not be released on an unsecured personal recognizance bond if, at the time of such application, the person is presently on release under a surety bond for felony or class 1 misdemeanor charges unless the surety thereon is notified and afforded an opportunity to surrender the person into custody on such terms as the court deems just under the provisions of section 16-4-108.    Because of the danger posed to any person and the community, a person who is arrested for an offense under section 42-4-1301 (1) or (2)(a), C.R.S., may not attend a bail hearing until the person is no longer intoxicated or under the influence of drugs. The person shall be held in custody until the person may safely attend such hearing.    At the initial hearing, the person has the right to be represented by an attorney and the court shall advise the person of the possible charges, penalties, and the person's rights as specified in rule 5 of the Colorado rules of criminal procedure, unless waived by the person. The court shall notify the public defender of each person in custody before the initial hearing, and each person in custody has the right to be represented by a public defender at the hearing. The court shall provide the person's attorney sufficient time to prepare for and present an individualized argument regarding the type of bond and conditions of release at the initial hearing, consistent with the court's docket and scheduling priorities.    The prosecuting attorney has the right to be notified of each person set for initial hearing, to appear at all initial hearings to provide his or her position regarding the type of bond and conditions of release, and shall be provided sufficient time by the court to prepare for and present any relevant argument, consistent with the court's docket and scheduling priorities.    Prior to the initial hearing, any pretrial services agency operating in that county, or any other agency that reports to the court, that has conducted a pretrial release assessment or gathered information for the court's consideration at the initial hearing shall provide to the prosecution and the person's attorney all information provided to the court regarding the person in custody, which shall include, if provided, the arrest warrant, the probable cause statement, and the person's criminal history.    The sheriff's office and jail personnel shall provide the public defender's office or private counsel access to the person who will be appearing at the hearing and shall allow sufficient time with the person prior to the hearing in order to prepare for the initial hearing.     (a) The person is presently free on another bond of any kind in another criminal action involving a felony or a class 1 misdemeanor;   History. Source: L. 2013: Entire part R&RE,(HB 13-1236), ch. 202, p. 824, § 2, effective May 11. L. 2014: IP(1)(c) amended,(SB 14-212), ch. 397, p. 1998, § 2, effective July 1. L. 2021: (5), (6), (7), and (8) added,(HB 21-1280), ch. 457, p. 3049, § 2, effective September 7.    ANNOTATION   Law reviews. For comment, “Bail Reform in Colorado: A Presumption of Release”, see 88 U. Colo. L. Rev. 1067 (2017).   Annotator's note. Since § 16-4-104 is similar to § 16-4-104 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.   The purpose of a recognizance is not to enrich the treasury, but to serve the convenience of the party accused but not convicted, without interfering with or defeating the administration of justice. People v. Pollock, 65 Colo. 275 , 176 P. 329 (1918); Allison v. People, 132 Colo. 156 , 286 P.2d 1102 (1955).   A bail bond with but one surety is sufficient, notwithstanding the fact that § 19 of art. I, Colo. Const., provides for sureties, this being one of the cases where the plural includes the singular. Van Gilder v. People, 75 Colo. 515 , 227 P. 386 (1924).   Sureties should be persons of sufficient financial ability and of sufficient vigilance to secure the appearance and prevent the absconding of the accused. People v. Pollock, 65 Colo. 275 , 176 P. 329 (1918).   For the form and content of recognizance instrument, see Waters v. People, 4 Colo. App. 97, 35 P. 56 (1893).   For the form of bond, see People v. Mellor, 2 Colo. 705 (1875).   Deposit of percentage of full amount of bail not permitted. This section does not expressly or impliedly authorize courts to permit 10 percent cash bail deposits, and the requirement in subsection (1)(b) that the “full amount of bail” be secured negates the contention that courts may permit the deposit of a percentage of the full amount of the bail before releasing a defendant from custody. People v. District Court, 196 Colo. 116 , 581 P.2d 300 (1978).   This section does not govern bail for defendants awaiting extradition. Questions of bail for defendants awaiting extradition prior to service of a governor's warrant are governed exclusively by § 16-19-117 . Fullerton v. County Court, 124 P.3d 866 (Colo. App. 2005).   Applied in People v. Lepik, 629 P.2d 1080 (Colo. 1981).