(1) The following definitions in this section are
applicable generally in this code. Other terms which need definition, but which are
used only in a limited number of sections of this code are defined in the particular
section or article in which the terms appear. Definitions set forth in any section of
this code are applicable whenever the same term is used in the same sense in
another section of this code, unless the definition is specifically limited or the
context indicates that it is inapplicable.
(2) Arraignment means the formal act of calling the defendant into open
court, informing him of the offense with which he is charged, and the entry of a plea
to the charge.
(3) Bail means a security, which may include a bond with or without
monetary conditions, required by a court for the release of a person in custody set
to provide reasonable assurance of public safety and court appearance.
(3.5) Bail bonding agent or bonding agent means an individual who is in
the business of writing appearance bonds and who is subject to regulation by the
division of insurance in the department of regulatory agencies, including an
insurance producer, cash-bonding agent, or professional cash-bail agent.
(4) Bind over means to require a defendant, following a preliminary
hearing, to appear and answer in a court having jurisdiction to try the defendant for
the crime with which he is charged.
(5) Bond means a bail bond which is an undertaking, with or without
sureties or security, entered into by a person in custody by which he binds himself
to comply with the conditions of the undertaking and in default of such compliance
to pay the amount of bail or other sum fixed, if any, in the bond.
(6) Charge means a formal written statement presented to a court
accusing a person of the commission of a crime. The charge may be made by
complaint, information, or indictment.
(7) Complaint means a written statement charging the commission of a
crime by an alleged offender, filed in the county court.
(7.5) Correctional facility means any facility under the supervision of the
department of corrections in which persons are or may be lawfully held in custody
as a result of conviction of a crime.
(8) Court of record means any court except a municipal court unless
otherwise defined by a particular section.
(8.5) (a) (I) Crime of violence means a crime in which the defendant used, or
possessed and threatened the use of, a deadly weapon during the commission or
attempted commission of any crime committed against an elderly person or a
person with a disability or a crime of murder, first or second degree assault,
kidnapping, sexual assault, robbery, first degree arson, first or second degree
burglary, escape, criminal extortion, human trafficking for involuntary servitude of
an adult or a minor, or human trafficking for sexual servitude of an adult or a minor,
or during the immediate flight therefrom, or the defendant caused serious bodily
injury or death to any person, other than to the defendant or another participant,
during the commission or attempted commission of the felony or during the
immediate flight therefrom.
(II) Crime of violence also means any unlawful sexual offense in which the
defendant caused bodily injury to the victim or in which the defendant used threat,
intimidation, or force against the victim. For purposes of this subparagraph (II),
unlawful sexual offense shall have the same meaning as set forth in section 18-3-411 (1), C.R.S., and bodily injury shall have the same meaning as set forth in section
18-1-901 (3)(c), C.R.S.
(III) The provisions of subparagraph (II) of this paragraph (a) shall apply only
to felony unlawful sexual offenses.
(b) As used in this subsection (8.5), elderly person means a person who is
sixty years of age or older. Person with a disability means a person who is
disabled because of the loss of or permanent loss of use of a hand or foot or
because of blindness or the permanent impairment of vision in both eyes to such a
degree as to constitute virtual blindness.
(9) Custody means the restraint of a person's freedom in any significant
way.
(10) Felony complaint means a written statement of the essential facts
constituting the offense charged, signed by the prosecutor, and filed in the court
having jurisdiction over the offense charged.
(11) Indictment means a written statement, presented by a grand jury to the
district court, which charges the commission of a crime by an alleged offender.
(12) Information means a written statement signed by a district attorney
presented to the district court, which charges the commission of a crime by an
alleged offender.
(13) Personal recognizance means a bond secured only by the personal
obligation of the person giving the bond.
(14) Preliminary hearing means a hearing on a complaint filed in the county
court or an information filed in the district court, to determine if there is probable
cause to believe that an offense has been committed and that the person charged
committed it.
(15) Prosecuting attorney means any attorney who is authorized to appear
for and on behalf of the state of Colorado in a criminal case.
(16) A search warrant is a written order made by a judge of a court of
record commanding a peace officer to search the person, premises, place, property,
or thing described in the search warrant and to seize property described or
identified therein.
(17) Summons means a written order or notice directing that a person
appear before a designated court at a stated time and place and answer to a charge
against him.
(18) A warrant is a written order issued by a judge of a court of record
directed to any peace officer commanding the arrest of the person named or
described in the order.