reglab/statecodes huggingface dataset:
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 3 - SEARCHES AND SEIZURES (§§ 16-3-301 — 16-3-312) › Section 16-3-303 - Search warrants - application - definition

(1)
A search warrant shall issue only on affidavit sworn to or affirmed before the judge and relating facts sufficient to:
(a)
Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched;
(b)
Identify or describe, as nearly as may be, the property to be searched for, seized, or inspected;
(c)
Establish the grounds for issuance of the warrant or probable cause to believe that such grounds exist; and
(d)
Establish probable cause to believe that the property to be searched for, seized, or inspected is located at, in, or upon the premises, person, place, or thing to be searched.
(2)
The affidavit required by this section may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before issuance of the warrant. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for a search warrant shall be attached to the search warrant filed with the court.
(3)
Procedures governing application for and issuance of search warrants consistent with this section may be established by rule of the supreme court.
(4)
A no-knock search warrant shall be issued only if the affidavit for such warrant:
(a)
Complies with the provisions of subsections (1), (2), and (3) of this section;
(a.5)
Establishes that a no-knock entry is necessary because of a credible threat to the life of any person, including the peace officers executing the warrant;
(b)
Specifically requests the issuance of a no-knock search warrant; and
(c)
Has been reviewed and approved for legal sufficiency and signed by a district attorney pursuant to section
20-1-106.1 (1)(b)
, C.R.S. Such review and approval may take place as allowed by statute or court rule or by means of facsimile transmission, telephonic transmission, or other electronic transfer.
(5)
If the grounds for the issuance of a no-knock search warrant are established by a confidential informant, the affidavit for such warrant shall contain a statement by the affiant concerning when such grounds became known or were verified by the affiant. The statement shall not identify the confidential informant.
(6)
For the purposes of this section, unless the context otherwise requires, "no-knock search warrant" means a search warrant that does not require compliance with section
16-3-305 (7)(d)
.
Amended by 2023 Ch. 395,§ 1, eff. 6/6/2023.
L. 72: R&RE, p. 200, § 1. C.R.S. 1963: § 39-3-303. L. 2000: (4), (5), and (6) added, p. 650, § 1, effective July 1. L. 2001: (4)(c) amended, p. 1270, § 19, effective June 5.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 3 - SEARCHES AND SEIZURES (§§ 16-3-301 — 16-3-312) › Section 16-3-304 - Search warrants - contents

(1)
If the judge is satisfied that grounds for the application exist or that there is probable cause to believe that such grounds exist, he shall issue a search warrant, which shall:
(a)
Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched;
(b)
Identify or describe, as nearly as may be, the property to be searched for, seized, or inspected;
(c)
State the grounds or probable cause for its issuance; and
(d)
State the names of the persons whose affidavits or testimony have been taken in support thereof.
(2)
The search warrant may also contain such other and further orders as the judge deems necessary to comply with the provisions of a statute, charter, or ordinance, or to provide for the custody or delivery to the proper officer of any property seized under the warrant, or otherwise to accomplish the purposes of the warrant.
(3)
Unless the court otherwise directs, every search warrant authorizes the officer executing the same:
(a)
To execute and serve the warrant at any time; and
(b)
To use and employ such force as is reasonably necessary in the performance of the duties commanded by the warrant.
L. 72: R&RE, p. 201, § 1. C.R.S. 1963: § 39-3-304.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 3 - SEARCHES AND SEIZURES (§§ 16-3-301 — 16-3-312) › Section 16-3-306 - Search warrants - joinder

The search of one or more persons, premises, places, or things, or any combination of persons, premises, places, or things, may be commanded in a single warrant or in separate warrants, if compliance is made with section
16-3-303(1)(d)
.
L. 72: R&RE, p. 202, § 1. C.R.S. 1963: § 39-3-306.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 3 - SEARCHES AND SEIZURES (§§ 16-3-301 — 16-3-312) › Section 16-3-307 - Limiting clause

Nothing in this part 3 shall be construed to require the issuance of a search warrant in cases in which such warrant is not required by law. This statute does not modify any statute inconsistent with it, regulating search, seizure, and the issuance and execution of search warrants in circumstances for which special provision is made.
L. 72: R&RE, p. 202, § 1. C.R.S. 1963: § 39-3-307.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 3 - SEARCHES AND SEIZURES (§§ 16-3-301 — 16-3-312) › Section 16-3-308 - Evidence - admissibility - declaration of purpose - definitions

(1)
Evidence which is otherwise admissible in a criminal proceeding shall not be suppressed by the trial court if the court determines that the evidence was seized by a peace officer, as described in section
16-2.5-101
, as a result of a good faith mistake or of a technical violation.
(2)
As used in subsection (1) of this section:
(a)
"Good faith mistake" means a reasonable judgmental error concerning the existence of facts or law which if true would be sufficient to constitute probable cause.
(b)
"Technical violation" means a reasonable good faith reliance upon a statute which is later ruled unconstitutional, a warrant which is later invalidated due to a good faith mistake, or a court precedent which is later overruled.
(3)
Evidence which is otherwise admissible in a criminal proceeding and which is obtained as a result of a confession voluntarily made in a noncustodial setting shall not be suppressed by the trial court.
(4)
(a)
It is hereby declared to be the public policy of the state of Colorado that, when evidence is sought to be excluded from the trier of fact in a criminal proceeding because of the conduct of a peace officer leading to its discovery, it will be open to the proponent of the evidence to urge that the conduct in question was taken in a reasonable, good faith belief that it was proper, and in such instances the evidence so discovered should not be kept from the trier of fact if otherwise admissible. This section is necessary to identify the characteristics of evidence which will be admissible in a court of law. This section does not address or attempt to prescribe court procedure.
(b)
It shall be prima facie evidence that the conduct of the peace officer was performed in the reasonable good faith belief that it was proper if there is a showing that the evidence was obtained pursuant to and within the scope of a warrant, unless the warrant was obtained through intentional and material misrepresentation.
L. 81: Entire section added, p. 922, § 1, effective July 1. L. 85: (2)(a) and (4) amended, p. 615, §§ 3, 4, effective July 1. L. 2003: (1) amended, p. 1614, § 7, effective August 6.
For the admissibility of evidence in proceedings under the "Colorado Children's Code", see § 19-2-803.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 3 - SEARCHES AND SEIZURES (§§ 16-3-301 — 16-3-312) › Section 16-3-310 - Oral advisement and consent prior to search of a vehicle or a person during a police contact

(1)
(a)
Prior to conducting a consensual search of a person who is not under arrest, the person's effects, or a vehicle, a peace officer shall comply with paragraph (b) of this subsection (1).
(b)
A peace officer may conduct a consensual search only after articulating the following factors to, and subsequently receiving consent from, the person subject to the search or the person with the apparent or actual authority to provide permission to search the vehicle or effects. The factors are:
(I)
The person is being asked to voluntarily consent to a search; and
(II)
The person has the right to refuse the request to search.
(c)
After providing the advisement required in paragraph (b) of this subsection (1), a peace officer may conduct the requested search only if the person subject to the search voluntarily provides verbal or written consent. Other evidence of knowing and voluntary consent may be acceptable, if the person is unable to provide written or verbal consent.
(2)
A peace officer providing the advisement required pursuant to subsection (1) of this section need not provide a specific recitation of the advisement; substantial compliance with the substance of the factors is sufficient to comply with the requirement.
(3)
If a defendant moves to suppress any evidence obtained in the course of the search, the court shall consider the failure to comply with the requirements of this section as a factor in determining the voluntariness of the consent.
(4)
This section shall not apply to a search conducted pursuant to section
16-3-103
, a valid search incident to or subsequent to a lawful arrest, or a search for which there is a legal basis other than voluntary consent. This shall include, but not be limited to, a search in a correctional facility or on correctional facility property, a detention facility, county detention facility, custody facility, juvenile correctional facility or any mental health institute or mental health facility operated by or under a contract with the department of human services, a community corrections facility, or a jail or a search of a person subject to probation or parole by a community supervision or parole officer when the person has consented to search as a term and condition of any probation or parole.
L. 2010: Entire section added, (HB 10-1201), ch. 176, p. 638, §1, effective April 29.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 3 - SEARCHES AND SEIZURES (§§ 16-3-301 — 16-3-312) › Section 16-3-312 - Warrantless entry of a dwelling

(1)
When a peace officer makes a warrantless entry into a dwelling in which occupants are unaware law enforcement is present and making entry, the officer shall:
(a)
Wear and activate a body-worn camera as required by section
24-31-902 (1)(a)(II)(A)
when entering a premises for the purpose of enforcing the law; and
(b)
Knock-and-announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this subsection (1)(b) does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because:
(I)
Of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself; or
(II)
The officer is engaged in the hot pursuit of a fleeing suspect.
(2)
This section does not apply to a law enforcement officer working in an undercover capacity.
Added by 2023 Ch. 395,§ 3, eff. 6/6/2023.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 4 - RIGHTS OF PERSONS IN CUSTODY (§§ 16-3-401 — 16-3-406) › Section 16-3-401 - Treatment while in custody

(1)
No unlawful means of any kind shall be used to obtain a statement, admission, or confession from any person in custody.
(2)
Persons arrested or in custody shall be treated humanely and provided with adequate food, shelter, and, if required, medical treatment. Anyone receiving medical treatment while held in custody may be assessed a medical treatment charge as provided in section
17-26-104.5
, C.R.S.
L. 72: R&RE, p. 202, § 1. C.R.S. 1963: § 39-3-401. L. 97: (2) amended, p. 192, § 2, effective April 1.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 4 - RIGHTS OF PERSONS IN CUSTODY (§§ 16-3-401 — 16-3-406) › Section 16-3-402 - Right to communicate with attorney and family

(1)
Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or by communicating in any other reasonable manner. Such communication shall be permitted at the earliest possible time after arrival at the police station, sheriff's office, jail, or other like confinement facility to which such person is first taken after arrest.
(2)
If the accused is transferred to a new place of custody, his right to communicate with an attorney and a member of his family is renewed.
(2.5)
If the victim is able to demonstrate through the use of caller identification or other credible evidence that the incarcerated defendant has called the victim from the jail or correctional facility in violation of the protection order issued pursuant to section
18-1-1001
, C.R.S., or in violation of any other valid protection order or emergency protection order in effect, the defendant shall not be entitled to further telephone calls except to such defendant's attorney, which calls shall be placed by a jail or correctional facility staff member. If the defendant was arrested for violating an order not to contact certain family members, the right to contact those family members by telephone shall be prohibited, and the jail or correctional facility staff shall place all outgoing telephone calls that the defendant wishes to make that are not identified in the protection order as prohibited.
(3)
(a)
Consistent with the provisions of section
21-1-103
, C.R.S., if any person in custody indicates in any manner his desire to speak with an attorney or the court determines that an inquiry into the matter of indigency should occur, the public defender shall be permitted to communicate with that person to determine whether that person has counsel and, if the person desires that the public defender represent him, to make an initial determination as to whether the person is indigent. If the public defender determines that the person is indigent, such person shall apply for representation by the public defender in accordance with section
21-1-103
, C.R.S.
(b)
The public defender, upon his request and with due regard for reasonable law enforcement administrative procedures, shall be permitted to determine whether or not any person in custody has been taken without unnecessary delay before the nearest available county or district judge.
L. 72: R&RE, p. 202, § 1. C.R.S. 1963: § 39-3-402. L. 81: Entire section R&RE, p. 924, § 1, effective May 26. L. 86: (3)(a) amended, p. 731, § 1, effective July 1. L. 88: (3)(a) amended, p. 663, § 1, effective July 1. L. 94: (2.5) added, p. 2035, § 13, effective July 1. L. 2003: (2.5) amended, p. 1013, § 19, effective July 1. L. 2008: (2.5) amended, p. 1883, § 20, effective August 5.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 4 - RIGHTS OF PERSONS IN CUSTODY (§§ 16-3-401 — 16-3-406) › Section 16-3-403 - Right to consult with attorney

Any person committed, imprisoned, or arrested for any cause, whether or not such person is charged with an offense, shall be allowed to consult with an attorney-at-law of this state whom such person desires to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable. Except where extradition proceedings have been completed or are not required by law, when any such person is about to be moved beyond the limits of this state, the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself of the laws of this state for the security of personal liberty.
L. 72: R&RE, p. 203, § 1. C.R.S. 1963: § 39-3-403.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 4 - RIGHTS OF PERSONS IN CUSTODY (§§ 16-3-401 — 16-3-406) › Section 16-3-404 - Duty of officers to admit attorney

(1)
All peace officers or persons having in custody any person committed, imprisoned, or arrested for any alleged cause shall forthwith admit any attorney-at-law in this state, upon the demand of the prisoner or of a friend, relative, spouse, or attorney of the prisoner, to see and consult the person so imprisoned, alone and in private, at the jail or other place of custody, if such person so imprisoned expressly consents to see or to consult with the attorney.
(2)
Any peace officer or person violating the duty imposed by this section or section
16-3-403
shall forfeit and pay not less than one hundred dollars nor more than one thousand dollars to the person imprisoned or to his attorney for the benefit of the person imprisoned, to be recovered in any court of competent jurisdiction.
L. 72: R&RE, p. 203, § 1. C.R.S. 1963: § 39-3-404.
For the crime of official oppression for denial of opportunity to consult an attorney, see § 18-8-403(1)(b).
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 4 - RIGHTS OF PERSONS IN CUSTODY (§§ 16-3-401 — 16-3-406) › Section 16-3-405 - Strip searches - when authorized or prohibited

(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
L. 82: Entire section added, p. 305, § 1, effective April 5.
For definition of "controlled substance", see § 12-280-402(1); for "driving under the influence" of any drug, see § 42-4-1301.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 5 - WARRANTS AND BONDS FOR PERSONS ILLEGALLY IN THE COUNTRY (§§ 16-3-501 — 16-3-503) › Section 16-3-501 - Warrants issued for persons illegally in the country

(1)
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.
(2)
A bond issued pursuant to this section shall include all known aliases for the person and the person's date of birth.
L. 2007: Entire part added, p. 1770, § 2, effective June 1.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 5 - WARRANTS AND BONDS FOR PERSONS ILLEGALLY IN THE COUNTRY (§§ 16-3-501 — 16-3-503) › Section 16-3-502 - No dismissal of cases against persons illegally in the country

(1)
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.
(2)
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.
(3)
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.
L. 2007: Entire part added, p. 1771, § 2, effective June 1.
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 3 - ARREST - SEARCHES AND SEIZURES (§§ 16-3-101 — 16-3-601) › Part 5 - WARRANTS AND BONDS FOR PERSONS ILLEGALLY IN THE COUNTRY (§§ 16-3-501 — 16-3-503) › Section 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.
Amended by 2017 Ch. 379,§ 4, eff. 6/6/2017.
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.
(1) For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 248, Session Laws of Colorado 2008. (2) For the short title ("Bond Surety Protection Act") in HB 17-1369, see section 1 of chapter 379, Session Laws of Colorado 2017.
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 16-4-105.5 - [Repealed]

Repealed by 2022 Ch. 191, § 3, eff. 7/15/2022.
Added by 2019 Ch. 293, § 3, eff. 8/2/2019.
L. 2019: Entire section added, (SB 19-036), ch. 2687, p. 2687, § 3, effective August 2.
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 16-4-107 - Hearing after setting of monetary conditions of bond

(1)
If a person is in custody and the court imposed a monetary condition of bond for release, and the person, after seven days from the setting of the monetary condition of bond, is unable to meet the monetary obligations of the bond, the person may file a written motion for reconsideration of the monetary conditions of the bond. The person may only file the written motion pursuant to this section one time during the pendency of the case and may only file the written motion if he or she believes that, upon presentation of evidence not fully considered by the court, he or she is entitled to a personal recognizance bond or an unsecured bond with conditions of release or a change in the monetary conditions of bond. The court shall promptly conduct a hearing on this motion for reconsideration, but the hearing must be held within fourteen days after the filing of the motion. However, the court may summarily deny the motion if the court finds that there is no additional evidence not fully considered by the court presented in the written motion. In considering the motion, the court shall consider the results of any empirically developed risk assessment instrument.
(2)
Nothing in this section shall preclude a person from filing a motion for relief from a monetary condition of bond pursuant to section
16-4-109
at any time during the pendency of the case.
Amended by 2014 Ch. 397,§ 5, eff. 7/1/2014.
Entirety of Part 1 repealed and reenacted with amendments by 2013 Ch. 202,§ 2, eff. 5/11/2013.
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 16-4-107.5 - [Repealed]

Added by 2021 Ch. 277, § 2, eff. 6/21/2021.
L. 2021: Entire section added, (HB 21-1309), ch. 1602, p. 1602, § 2, effective June 21.
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 16-4-108 - 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
.
Entirety of Part 1 repealed and reenacted with amendments by 2013 Ch. 202,§ 2, eff. 5/11/2013.
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 16-4-109 - Reduction or increase of monetary conditions of bond - change in type of bond or conditions of bond - definitions

(1)
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. If the defendant applies to decrease the financial considerations of bond or modify bond conditions, the court shall set the application for hearing if the case is subject to part 3 of article
4.1
of title
24
.
(2)
Reasonable notice of an application for modification of a bond by the defendant shall be given to the district attorney.
(3)
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.
(4)
(a)
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.
(b)
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.
(5)
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.
Amended by 2022 Ch. 152,§6, eff. 5/6/2022.
Entirety of Part 1 repealed and reenacted with amendments by 2013 Ch. 202,§2, eff. 5/11/2013.
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 16-4-112 - Enforcement when forfeiture not set aside

By entering into a bond, each obligor, whether he or she is the principal or a surety, submits to the jurisdiction of the court. His or her liability under the bond may be enforced, without the necessity of an independent action, as follows: The court shall order the issuance of a citation directed to the obligor to show cause, if any there be, why judgment should not be entered against him or her forthwith and execution issue thereon. Said citation may be served personally or by certified mail upon the obligor directed to the address given in the bond. Hearing on the citation shall be held not less than twenty-one days after service. The defendant's attorney and the prosecuting attorney shall be given notice of the hearing. At the conclusion of the hearing, the court may enter a judgment for the state and against the obligor, and execution shall issue thereon as on other judgments. The district attorney shall have execution issued forthwith upon the judgment and deliver it to the sheriff to be executed by levy upon the stocks, bond, or real estate which has been accepted as security for the bond.
Entirety of Part 1 repealed and reenacted with amendments by 2013 Ch. 202,§ 2, eff. 5/11/2013.
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 16-4-115 - 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.
Entirety of Part 1 repealed and reenacted with amendments by 2013 Ch. 202,§ 2, eff. 5/11/2013.
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 16-4-116 - Bond hearing officer

(1)
(a)
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.
(b)
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.
(2)
(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.
(II)
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.
(b)
The state court administrator shall post a schedule for the bond hearings to be held by a bond hearing officer on its website.
(3)
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.
Added by 2021 Ch. 457,§3, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1280), ch. 3050, p. 3050, § 3, effective September 7.
2021 Ch. 457, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 16-4-117 - District attorney assistance for bond hearings grant program - created - rules

(1)
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.
(2)
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)
.
(3)
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.
(4)
The Colorado district attorneys' council shall administer the grant program and shall award grants, subject to available appropriations.
(5)
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.
(6)
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.
(7)
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)
.
(8)
Subject to available appropriations, on or before April 1 each year of the grant program, the Colorado district attorneys' council shall award grants.
(9)
Repealed.
Amended by 2022 Ch. 264,§2, eff. 5/27/2022.
Added by 2021 Ch. 457,§3, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1280), ch. 3050, p. 3050, § 3, effective September 7.
2021 Ch. 457, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 2 - BAIL AFTER CONVICTION (§§ 16-4-201 — 16-4-206) › Section 16-4-201.5 - Right to bail after a conviction - exceptions

(1)
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:
(a)
Murder;
(b)
Any felony sexual assault involving the use of a deadly weapon;
(c)
Any felony sexual assault committed against a child who is under fifteen years of age;
(d)
A crime of violence, as defined in section
18-1.3-406
, C.R.S.;
(e)
Any felony during the commission of which the person used a firearm;
(f)
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)
, as those provisions existed prior to their repeal on March 1, 2022;
(g)
Child abuse, as described in section
18-6-401 (7)(a)(I)
, C.R.S.;
(h)
A class 5 felony act of domestic violence, as described in section
18-6-801 (7)
;
(i)
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
(j)
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)
.
(2)
The court shall not set bail that is otherwise allowed pursuant to subsection (1) of this section unless the court finds that:
(a)
The person is unlikely to flee and does not pose a danger to the safety of any person or the community; and
(b)
The appeal is not frivolous or is not pursued for the purpose of delay.
(3)
The provisions of this section shall apply to offenses committed on or after January 1, 1995.
Amended by 2023 Ch. 303,§ 19, eff. 8/7/2023.
Amended by 2017 Ch. 182, § 1, eff. 8/9/2017.
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.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsection (1)(d), see section 1 of chapter 318, Session Laws of Colorado 2002.
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 2 - BAIL AFTER CONVICTION (§§ 16-4-201 — 16-4-206) › Section 16-4-202 - Appeal bond hearing - factors to be considered

(1)
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:
(a)
The nature and circumstances of the offense before the court and the sentence imposed for that offense;
(b)
The defendant's length of residence in the community;
(c)
The defendant's employment, family ties, character, reputation, and mental condition;
(d)
The defendant's past criminal record and record of appearance at court proceedings;
(e)
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;
(f)
Any other criminal charges pending against the defendant and the potential sentences should the defendant be convicted of those charges;
(g)
The circumstances of, and sentences imposed in, any criminal case in which the defendant has been convicted but execution stayed pending appeal;
(h)
The likelihood that the defendant will commit additional criminal offenses during the pendency of such defendant's appeal; and
(i)
The defendant's likelihood of success on appeal.
Amended by 2013 Ch. 202,§ 4, eff. 5/11/2013.
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.
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 2 - BAIL AFTER CONVICTION (§§ 16-4-201 — 16-4-206) › Section 16-4-203 - Appeal bond hearing - order

(1)
After considering the factors set forth in section
16-4-202
, the court may enter one of the following orders:
(a)
Deny the defendant appeal bond; or
(b)
Repealed.
(c)
Grant the defendant appeal bond.
(2)
If the court determines that an appeal bond should be granted, the court shall set the amount of bail and order either:
(a)
An appeal bond in the amount of the bail to be executed and secured by depositing cash or property as provided by statute or by an approved surety or sureties; or
(b)
An appeal bond in the amount of the bail to be executed on the personal recognizance of the defendant.
(2.5)
If the court determines that an appeal bond should be granted, the court shall provide as an explicit condition of the appeal bond that the defendant not harass, molest, intimidate, retaliate against, or tamper with the victim of or any prosecution witnesses to the crime, unless the court makes written findings that such condition is not necessary.
(3)
In addition to the above, the court may:
(a)
Place the defendant in the custody of the probation department or a designated person who agrees to supervise him;
(b)
Place restrictions on the travel, activities, associations, or place of abode of the defendant during the pendency of the appeal;
(c)
Impose any other condition deemed necessary to assure defendant's appearance as required.
(4)
Upon written motion of the state or the defendant, the sentencing court may increase or reduce the amount of appeal bond, alter the security for or conditions of the appeal bond, or revoke the appeal bond. Notice of hearing on the motion shall be given in the manner provided in section
16-4-107
.
(5)
If the defendant has been charged with committing another felony, level 1 drug misdemeanor, or class 1 misdemeanor while he or she is at liberty on an appeal bond, and probable cause has been found with respect to such other felony, level 1 drug misdemeanor, or class 1 misdemeanor or the defendant has waived his or her right to a probable cause determination as to the felony, level 1 drug misdemeanor, or class 1 misdemeanor, the court shall revoke his or her appeal bond on motion of the attorney general or district attorney.
Amended by 2013 Ch. 333,§ 37, eff. 10/1/2013.
L. 72: R&RE, p. 210, § 1. C.R.S. 1963: § 39-4-203. L. 82: (1)(a) amended and (1)(b) repealed, p. 307, §§ 1, 2, effective March 17. L. 94: (2.5) added, p. 2022, § 1, effective June 3. L. 2013: (5) amended, (SB 13-250), ch. 333, p. 1928, § 37, effective October 1.