2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 4 - RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION (§§ 16-4-101 — 16-4-304) › Part 1 - RELEASE ON BAIL (§§ 16-4-101 — 16-4-117) › Section 16-4-103 - Setting and selection type of bond - criteria

(1)
(a)
At the first appearance of a person in custody before any court or any person designated by the court to set bond, the court or person shall determine the type of bond and conditions of release unless the person is subject to section
16-4-101
.
(b)
At a hearing other than an advisement hearing for a person in custody before any court or any person designated by the court to modify or reduce bond, the court shall conduct or set a bond hearing if the case is subject to part 3 of article
4.1
of title
24
.
(2)
If an indictment, information, or complaint has been filed and the type of bond and conditions of release have been fixed upon return of the indictment or filing of the information or complaint, the court shall review the propriety of the type of bond and conditions of release upon first appearance of a person in custody.
(3)
(a)
The type of bond and conditions of release shall be sufficient to reasonably ensure the appearance of the person as required and to protect the safety of any person or the community, taking into consideration the individual characteristics of each person in custody, including the person's financial condition.
(b)
In determining the type of bond and conditions of release, if practicable and available in the jurisdiction, the court shall use an empirically developed risk assessment instrument designed to improve pretrial release decisions by providing to the court information that classifies a person in custody based upon predicted level of risk of pretrial failure.
(4)
When the type of bond and conditions of release are determined by the court, the court shall:
(a)
Presume that all persons in custody are eligible for release on bond with the appropriate and least-restrictive conditions consistent with provisions in paragraph (a) of subsection (3) of this section unless a person is otherwise ineligible for release pursuant to the provisions of section
16-4-101
and section 19 of article II of the Colorado constitution. A monetary condition of release must be reasonable, and any other condition of conduct not mandated by statute must be tailored to address a specific concern.
(b)
To the extent a court uses a bond schedule, the court shall incorporate into the bond schedule conditions of release and factors that consider the individualized risk and circumstances of a person in custody and all other relevant criteria and not solely the level of offense; and
(c)
Consider all methods of bond and conditions of release to avoid unnecessary pretrial incarceration and levels of community-based supervision as conditions of pretrial release.
(5)
The court may also consider the following criteria as appropriate and relevant in making a determination of the type of bond and conditions of release:
(a)
The employment status and history of the person in custody;
(b)
The nature and extent of family relationships of the person in custody;
(c)
Past and present residences of the person in custody;
(d)
The character and reputation of the person in custody;
(e)
Identity of persons who agree to assist the person in custody in attending court at the proper time;
(f)
The likely sentence, considering the nature and the offense presently charged;
(g)
The prior criminal record, if any, of the person in custody and any prior failures to appear for court;
(h)
Any facts indicating the possibility of violations of the law if the person in custody is released without certain conditions of release;
(i)
Any facts indicating that the defendant is likely to intimidate or harass possible witnesses; and
(j)
Any other facts tending to indicate that the person in custody has strong ties to the community and is not likely to flee the jurisdiction.
(6)
When a person is charged with an offense punishable by fine only, any monetary condition of release shall not exceed the amount of the maximum fine penalty.
(7)
At the first appearance of a pregnant or postpartum defendant who has complied with the notice requirement set forth in section
18-1.3-103.7
, to set bond, the court or person designated by the court to set bond shall consider the defendant's pregnancy or postpartum status when setting bond pursuant to the restrictions set forth in section 19 of article II of the state constitution and section
16-4-101
.
Amended by 2023 Ch. 246,§ 3, eff. 8/7/2023.
Amended by 2022 Ch. 152, § 5, eff. 5/6/2022.
Amended by 2014 Ch. 397, § 1, eff. 7/1/2014.
Entirety of Part 1 repealed and reenacted with amendments by 2013 Ch. 202, § 2, eff. 5/11/2013.
2023 Ch. 246, was passed without a safety clause. See Colo. Const. art. V, § 1(3).