reglab/housing_qa huggingface dataset:
CO Code § 16-3-405 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 4 - Rights of Persons in Custody|§ 16-3-405. Strip Searches - When Authorized or Prohibited

  No person arrested for a traffic or a petty offense shall be strip searched, prior to arraignment, unless there is reasonable belief that the individual is concealing a weapon or a controlled substance or that the individual, upon identification, is a parolee or an offender serving a sentence in any correctional facility in the state or that the individual is arrested for driving while under the influence of drugs.    As used in this section, “strip search” means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, or female breasts of such person.    Any strip search that is conducted shall be performed by a person of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search.    Every peace officer or employee of a police department or sheriff's department conducting a strip search shall obtain the written permission of the police commander or an agent thereof or a sheriff or an agent thereof designated for the purposes of authorizing a strip search in accordance with this section.    No search of any body cavity other than the mouth shall be conducted without the written permission of the police commander or an agent thereof or a sheriff or an agent thereof authorizing a body cavity search. The search must be performed under sanitary conditions and conducted by a licensed physician or nurse.    Any peace officer or employee of a police department or a sheriff's department who knowingly or intentionally fails to comply with any provision of this section commits second degree official misconduct, as defined in section 18-8-405, C.R.S. Nothing contained in this section shall preclude prosecution of a peace officer or employee of a police department or sheriff's department under any other provision of the law.    Nothing in this section shall be construed as limiting the statutory or common-law rights of any person for the purposes of any civil action or injunctive relief.    The provisions of subsections (1) to (6) of this section shall not apply when, following arraignment and pursuant to a court order, the person is taken into custody by or remanded to a sheriff or a correctional facility.     History. Source: L. 82: Entire section added, p. 305, § 1, effective April 5.    Cross references:   For definition of “controlled substance”, see § 12-280-402 (1) ; for “driving under the influence” of any drug, see § 42-4-1301 .
CO Code § 16-3-501 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 5 - Warrants and Bonds for Persons Illegally in the Country|§ 16-3-501. Warrants Issued for Persons Illegally in the Country

  If a person has posted a bond in a criminal case, at any stage of a criminal proceeding, and the person is released to the United States immigration and customs enforcement agency, the court shall issue a warrant commanding the arrest of the person when contacted anywhere within the United States and shall set the amount of the bond on the warrant. The warrant shall be entered in the Colorado crime information center and the national crime information center databases. The criminal case shall remain active for an indefinite period of time; except that the case may be dismissed upon a motion by the district attorney.    A bond issued pursuant to this section shall include all known aliases for the person and the person's date of birth.     History. Source: L. 2007: Entire part added, p. 1770, § 2, effective June 1.
CO Code § 16-3-502 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 5 - Warrants and Bonds for Persons Illegally in the Country|§ 16-3-502. No Dismissal of Cases Against Persons Illegally in the Country

  A court shall not dismiss criminal charges against a person because the person has been removed or is facing removal from the United States prior to a conviction or other disposition of all criminal charges against the person; except that the court may dismiss the criminal charges upon a motion of the district attorney.    A court shall not dismiss criminal charges against a person who has been convicted or pled guilty to a crime because the person has been removed or is facing removal from the United States. The defendant shall serve his or her sentence and pay all restitution prior to removal.    If the provisions of part 3 of article 4.1 of title 24, C.R.S., apply, the victim shall be consulted pursuant to the provisions of sections 24-4.1-302.5 and 24-4.1-303, C.R.S.     History. Source: L. 2007: Entire part added, p. 1771, § 2, effective June 1.
CO Code § 16-3-503 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 3 - Arrest - Searches and Seizures|Part 5 - Warrants and Bonds for Persons Illegally in the Country|§ 16-3-503. Bonds for Persons With Immigration-Related Issues

 On and after June 6, 2017, a law enforcement agency holding a defendant charged with a criminal offense shall not notify the defendant's bail bonding agent or a noncompensated surety before the bond is posted that his or her bond or fees may be forfeited if the defendant is removed from the country. On and after June 6, 2017, a law enforcement officer shall no longer ask a defendant or a person other than a bail bonding agent to execute a waiver prior to posting a bond for a person charged with a criminal offense that states that he or she understands that the bond or fees shall be forfeited if the defendant is removed from the country. A bail bonding agent shall not communicate to a defendant that his or her bond or fees shall be forfeited if the defendant is removed from the country.   History. Source: L. 2007: Entire part added, p. 1771, § 2, effective June 1. L. 2008: (2) amended, p. 923, § 2, effective July 1; (3)(n) amended, p. 1884, § 21, effective August 5. L. 2012: (1)(c) amended,(HB 12-1266), ch. 280, p. 1525, § 43, effective July 1. L. 2017: Entire section R&RE,(HB 17-1369), ch. 379, p. 1950, § 4, effective June 6.    Cross references:    For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 248, Session Laws of Colorado 2008.    For the short title (“Bond Surety Protection Act”) in HB 17-1369, see section 1 of chapter 379, Session Laws of Colorado 2017.
CO Code § 16-4-105.5 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 4 - Release From Custody Pending Final Adjudication|Part 1 - Release on Bail|§ 16-4-105.5. Notification of Court Reminder Program

 A person released on bond pursuant to this part 1 who is ordered to appear in a court that participates in the court reminder program established in section 13-3-101 (14)(a)(I) , and any person otherwise ordered to appear in a court that participates in the program, must be notified that the person can elect to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures, and must be provided the opportunity to provide a mobile telephone number or update a mobile telephone number for that purpose.   History. Source: L. 2019: Entire section added,(SB 19-036), ch. 293, p. 2687, § 3, effective August 2.
CO Code § 16-4-107.5 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 4 - Release From Custody Pending Final Adjudication|Part 1 - Release on Bail|§ 16-4-107.5. Hearing After Excluding Time for Speedy Trial for Public Health Emergency - Repeal

  If a court grants a continuance pursuant to section 18-1-405 (6)(j) for a case that does not include a charge of a class 1, 2, or 3 felony, and the defendant is in custody for the case pending a jury trial because the defendant is unable to satisfy the monetary conditions of bond for release despite being eligible for release, the court shall order the immediate release of the defendant from custody upon a personal recognizance bond without monetary conditions.    If a court grants a continuance pursuant to section 18-1-405 (6)(j) for a case that includes a charge of a class 1, 2 , or 3 felony, and the defendant is in custody because the defendant is unable to satisfy the monetary conditions of bond for release despite being eligible for release, the court shall conduct a hearing as soon as practicable, but not longer than seven days after the court granted the continuance pursuant to section 18-1-405 (6)(j), for reconsideration of the defendant's monetary conditions of bond for release. The court shall revoke the monetary conditions of bond for release allowing the defendant to be released, unless the court concludes that the defendant threatens the safety of any other person or persons in the community, whether known or unknown, and that monetary conditions of bond for release are necessary to reasonably protect against such risk. The court may modify the monetary conditions of bond to allow the defendant to be released if the court concludes that the defendant threatens the safety of any other person or persons in the community, whether known or unknown, and that monetary conditions of bond for release are necessary to reasonably protect against such risk. Failure to comply with this subsection (2) requires the court to order the immediate release of the defendant from custody upon a personal recognizance bond with appropriate conditions of release.    This section is repealed, effective July 1, 2023.     History. Source: L. 2021: Entire section added,(HB 21-1309), ch. 277, p. 1602, § 2, effective June 21.
CO Code § 16-4-108 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 4 - Release From Custody Pending Final Adjudication|Part 1 - Release on Bail|§ 16-4-108. When Original Bond Continued

 Once a bond has been executed and the person released from custody thereon, whether a charge is then pending or is thereafter filed or transferred to a court of competent jurisdiction, the original bond shall continue in effect until final disposition of the case in the trial court. If a charge filed in the county court is dismissed and the district attorney states on the record that the charge will be refiled in the district court or that the dismissal by the county court will be appealed to the district court, the county court before entering the dismissal shall fix a return date, not later than sixty-three days thereafter, upon which the defendant must appear in the district court and continue the bond. Any bond continued pursuant to this section is subject to the provisions of section 16-4-109 .   History. Source: L. 2013: Entire part R&RE,(HB 13-1236), ch. 202, p. 830, § 2, effective May 11.    ANNOTATION   Annotator's note. Since § 16-4-108 is similar to § 16-4-106 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.   Purpose of section. The purpose of § 16-4-201 concerning bail after conviction and this section is to authorize the court to exercise discretion rather than follow a fixed policy and to permit a recognizance to remain in effect, without the necessity of a new bond, after conviction and until disposition of the case in the trial court. Trujillo v. District Court, 131 Colo. 428 , 282 P.2d 703 (1955).   This section and § 16-4-201 must be read together and reconciled if possible. Rodriguez v. People, 191 Colo. 540 , 554 P.2d 291 (1976).   Where defendant entered plea of guilty, surety's obligation under recognizance bond is terminated. Rodriguez v. People, 191 Colo. 540 , 554 P.2d 291 (1976).   And trial court could not continue bond without first obtaining surety's consent. Rodriguez v. People, 191 Colo. 540 , 554 P.2d 291 (1976).   Although the trial judge may continue the original bond to final disposition, he must obtain the consent of the surety to continue it beyond conviction. Rodriguez v. People, 191 Colo. 540 , 554 P.2d 291 (1976).   Increase of surety's risk without his consent terminates obligation. When one undertakes a surety obligation, the surety undertakes a calculated risk, and events which materially increase that risk without consent of the surety terminate the obligation of the bond. People v. Smith, 645 P.2d 864 (Colo. App. 1982).   Effect of resettings of the case. Where there were resettings of a criminal case for trial at the same term, the contention of a surety on defendant's bond that he was discharged by these continuances without his consent was overruled. Van Gilder v. People, 75 Colo. 515 , 227 P. 386 (1924).   Applied in Stephenson v. District Court, 629 P.2d 1078 (Colo. 1981).
CO Code § 16-4-115 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 4 - Release From Custody Pending Final Adjudication|Part 1 - Release on Bail|§ 16-4-115. Severability

 If any provision of this part 1 or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this part 1 that can be given effect without the invalid provision or application, and to this end the provisions of this part 1 are declared to be severable.   History. Source: L. 2013: Entire part R&RE,(HB 13-1236), ch. 202, p. 839, § 2, effective May 11.
CO Code § 16-4-116 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 4 - Release From Custody Pending Final Adjudication|Part 1 - Release on Bail|§ 16-4-116. Bond Hearing Officer

     There is created in the state court administrator's office the position of bond hearing officer. A bond hearing officer is a magistrate appointed by the chief justice of the Colorado supreme court or his or her designee and must be a qualified attorney-at-law admitted to practice in this state and in good standing.    Notwithstanding any provision of law to the contrary, a bond hearing officer has the authority to conduct bond hearings for any jurisdiction in the state. A bond hearing officer shall conduct bond hearings on weekends and holidays using an interactive audiovisual device that provides the public with the opportunity to view the hearing and the crime victim, if any, with an opportunity to participate in the hearing if desired.           Each judicial district that contains a county that is designated as a high priority or eligible county by the underfunded courthouse facility cash fund commission, created in section 13-1-303, has the right to have a bond hearing officer conduct weekend and holiday bond hearings. The chief judge of the judicial district shall notify the state court administrator if the judicial district wants to have a bond hearing officer conduct bond hearings on a weekend or holiday. (a) (I)Each judicial district that contains a county that is designated as a high priority or eligible county by the underfunded courthouse facility cash fund commission, created in section 13-1-303, has the right to have a bond hearing officer conduct weekend and holiday bond hearings. The chief judge of the judicial district shall notify the state court administrator if the judicial district wants to have a bond hearing officer conduct bond hearings on a weekend or holiday.    If any other judicial district wants to have a bond hearing officer conduct bond hearings, the chief judge of the judicial district shall notify the state court administrator. The state court administrator shall determine which judicial districts not subject to subsection (2)(a)(I) of this section the bond hearing officer can serve within available resources.       The state court administrator shall post a schedule for the bond hearings to be held by a bond hearing officer on its website.       For each case heard by a bond hearing officer, the arresting jurisdiction shall electronically transmit the arrest report, pretrial services information, and all other relevant information to the bonding hearing officer prior to the hearing.     History. Source: L. 2021: Entire section added,(HB 21-1280), ch. 457, p. 3050, § 3, effective September 7.
CO Code § 16-4-117 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 4 - Release From Custody Pending Final Adjudication|Part 1 - Release on Bail|§ 16-4-117. District Attorney Assistance for Bond Hearings Grant Program - Created - Cash Fund - Rules

  All costs and expenses related to a district attorneys' office's ability to comply with the bond hearing requirements of section 16-4-102 (2)(a) are reasonable and necessary expenses required to fully discharge the official duties of the office.    There is hereby created in the Colorado district attorneys' council the district attorney assistance for bond hearings grant program to provide grants to assist district attorneys in complying with section 16-4-102 (2)(a).    Grant recipients shall use the money to pay for any reasonable cost or expense directly related to compliance with section 16-4-102 (2)(a), including but not limited to personnel, equipment, and travel.    The Colorado district attorneys' council shall administer the grant program and, subject to available appropriations, shall award grants. Subject to available appropriations, grants shall be paid out of the district attorney assistance for bond hearings cash fund created in subsection (9) of this section.    The Colorado district attorneys' council shall promulgate such rules as may be necessary to implement the grant program. At a minimum, the rules must specify the time frames for applying for grants, the form of the grant program application, and the time frames for distributing grant money.    To receive a grant, a district attorney must submit an application to the Colorado district attorneys' council in accordance with rules promulgated by the Colorado district attorneys' council.    The Colorado district attorneys' council executive committee shall review all applications received pursuant to this section and shall prioritize awarding at least seventy-five percent of all available grant money to district attorneys' offices located in a judicial district with a population base of two hundred thousand people or fewer to comply with section 16-4-102 (2)(a).    Subject to available appropriations, on or before October 1 each year of the grant program, the Colorado district attorneys' council shall award grants.      The district attorney assistance for bond hearings cash fund, referred to in this subsection (9) as the “fund”, is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund. The department of law shall administer the fund.    The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.    Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year must remain in the fund and may be spent in future fiscal years.         History. Source: L. 2021: Entire section added,(HB 21-1280), ch. 457, p. 3050, § 3, effective September 7.
CO Code § 16-4-201.5 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 4 - Release From Custody Pending Final Adjudication|Part 2 - Bail After Conviction|§ 16-4-201.5. Right to Bail After a Conviction - Exceptions

  The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by this part 2; except that no bail is allowed for persons convicted of:   Murder;    Any felony sexual assault involving the use of a deadly weapon;    Any felony sexual assault committed against a child who is under fifteen years of age;    A crime of violence, as defined in section 18-1.3-406, C.R.S.;    Any felony during the commission of which the person used a firearm;    A crime of possession of a weapon by a previous offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5);    Child abuse, as described in section 18-6-401 (7)(a)(I), C.R.S.;    A class 5 felony act of domestic violence, as described in section 18-6-801 (7);    A second or subsequent offense for stalking that occurs within seven years after the date of a prior offense for which the person was convicted, as described in section 18-3-602 (3)(b); or    Stalking when there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect that protected the victim from the person, including but not limited to stalking, as described in section 18-3-602 (5).       The court shall not set bail that is otherwise allowed pursuant to subsection (1) of this section unless the court finds that:   The person is unlikely to flee and does not pose a danger to the safety of any person or the community; and    The appeal is not frivolous or is not pursued for the purpose of delay.       The provisions of this section shall apply to offenses committed on or after January 1, 1995.     History. Source: L. 99: Entire section added, p. 57, § 8, effective March 15. L. 2000: (1) amended, p. 635, § 6, effective July 1. L. 2002: (1)(d) amended, p. 1490, § 132, effective October 1. L. 2007: (1)(e) and (1)(f) amended and (1)(g) added, p. 1686, § 2, effective July 1. L. 2017: (1)(f) amended and (1)(h), (1)(i), and (1)(j) added,(HB 17-1150), ch. 182, p. 665, § 1, effective August 9.    Cross references:   For the legislative declaration contained in the 2002 act amending subsection (1)(d), see section 1 of chapter 318, Session Laws of Colorado 2002.
CO Code § 16-4-202 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 4 - Release From Custody Pending Final Adjudication|Part 2 - Bail After Conviction|§ 16-4-202. Appeal Bond Hearing - Factors to Be Considered

  The court shall consider the following factors in deciding whether or not an appeal bond should be granted and determining the type of bond and conditions of release required:   The nature and circumstances of the offense before the court and the sentence imposed for that offense;    The defendant's length of residence in the community;    The defendant's employment, family ties, character, reputation, and mental condition;    The defendant's past criminal record and record of appearance at court proceedings;    Any showing of intimidation or harassment of witnesses or potential witnesses, or likelihood that the defendant will harm or threaten any person having a part in the trial resulting in conviction;    Any other criminal charges pending against the defendant and the potential sentences should the defendant be convicted of those charges;    The circumstances of, and sentences imposed in, any criminal case in which the defendant has been convicted but execution stayed pending appeal;    The likelihood that the defendant will commit additional criminal offenses during the pendency of such defendant's appeal; and    The defendant's likelihood of success on appeal.        History. Source: L. 72: R&RE, p. 209, § 1. C.R.S. 1963: § 39-4-202 . L. 93: Entire section amended, p. 1726, § 3, effective July 1. L. 2013: IP(1) amended,(HB 13-1236), ch. 202, p. 840, § 4, effective May 11.    ANNOTATION   Trial court must hold hearing and make findings on defendant's motion for an appeal bond. People v. Yi, 741 P.2d 1264 (Colo. App. 1987).   But defendant not entitled to a hearing on a motion for an appeal bond pending appeal of a postconviction order, since defendant had already had the opportunity for and the benefit of a meaningful appellate review of his conviction. People v. Roca, 17 P.3d 835 (Colo. App. 2000).