§ 16-4-102 — Right to bail - before conviction - definitions
Free access — add to your briefcase to read the full text and ask questions with AI
(1) Any person who
is in custody, and for whom the court has not set bond and conditions of release
pursuant to the applicable rule of criminal procedure, and who is not subject to the
provisions of section 16-4-101 (5), has the right to a hearing to determine bond and
conditions of release. A person in custody may also request a hearing so that bond
and conditions of release can be set. Upon receiving the request, the judge shall
notify the district attorney immediately of the arrested person's request, and the
district attorney has the right to attend and advise the court of matters pertinent to
the type of bond and conditions of release to be set. The judge shall also order the
appropriate law enforcement agency having custody of the prisoner to bring him or
her before the court forthwith, and the judge shall set bond and conditions of
release if the offense for which the person was arrested is bailable. It is not a
prerequisite to bail that a criminal charge of any kind has been filed.
(2) (a) (I) The arresting jurisdiction shall bring an in-custody arrestee before a
court for bond setting as soon as practicable, but no later than forty-eight hours
after an arrestee arrives at a jail or holding facility. A judge, magistrate, or bond
hearing officer shall hold a hearing with an in-custody arrestee at which the court
shall enter an individualized bond order as soon as practicable, but no later than
forty-eight hours after an arrestee arrives at a jail or holding facility.
Notwithstanding the requirement for bond setting within forty-eight hours, it is not
a violation of this section if a bond hearing is not held within forty-eight hours when
the delay is caused by an emergency that requires the court to close or
circumstances in which the in-custody arrestee refuses to attend court, or is unable
to attend due to drug or alcohol use or a serious medical or behavioral health
emergency. In such instances, the sheriff shall provide the public defender's office
with a list of people subject to this section who did not timely attend court, the date
of the person's arrest, and the location where the person is in custody. The sheriff
shall document the length of the delay, the reason for the delay, and the efforts to
abate the emergency. As soon as the emergency has sufficiently abated, the sheriff
shall bring the in-custody arrestee before a judge at the next scheduled bond
hearing. Use of audiovisual conferencing technology is permissible to expedite
bond setting hearings, including prior to extradition of the in-custody arrestee from
one county to another in the state of Colorado. When high-speed internet access is
unavailable, making audiovisual conferencing impossible, the court may conduct
the hearing telephonically.
(I.5) This subsection (2)(a) requires an individualized bond hearing at which
the in-custody arrestee is present, regardless of whether:
(A) The in-custody arrestee is held in custody in a jurisdiction other than the
one that issued the arrest warrant;
(B) Money bond with a monetary condition was previously set ex parte; or
(C) The in-custody arrestee did not appear for a first appearance.
(II) This subsection (2)(a) applies only to the initial bond setting at an
individualized bond hearing by a judge, judicial officer, or bond hearing officer.
(III) This subsection (2)(a) applies to an arrestee who was arrested on or after
April 1, 2022.
(IV) For an in-custody arrestee who is not subject to this subsection (2)(a),
nothing in this section extends or justifies delays in timely advisement or bond
hearings pursuant to other laws or rules.
(b) (I) A judge, judicial officer, or bond hearing officer shall not require a
monetary bond to be posted in the defendant's name. Bond may be posted, at a
minimum, by cash, money order, or cashier's check. Bond may be posted online, at a
minimum, by credit card. If bond is posted by money order or cashier's check, the
money order or cashier's check may be payable to the holding county. Before bond
is posted, the sheriff shall provide the defendant and surety or third-party payer, if
any, a copy of the notice described in subsection (2)(h)(I) of this section. When the
bond is posted, the sheriff shall provide the defendant and surety or third-party
payer, if any, a copy of the bond paperwork and information regarding the
defendant's next court date. The individual processing the bond shall certify, in
writing, that the defendant and surety or third-party payer, if any, received a copy
of the bond paperwork, the notice described in subsection (2)(h)(I) of this section,
and information regarding the defendant's next court date and shall place a copy of
the certification in the defendant's file. Notwithstanding the provisions of this
section, a sheriff may allow an individual to choose to stay in jail overnight after
release when extenuating circumstances exist, including inclement weather, lack
of transportation, lack of shelter, or to facilitate a connection to a service provider.
If a defendant remains in jail overnight, the defendant must be released by 10 a.m.
the next morning.
(II) By October 1, 2025, each jail shall establish a means to post bond online
without the need for the surety or third-party payer to go to the jail in person to
post bond. Each sheriff shall post instructions on the sheriff's website describing
how to post bond online. All bonds of any amount that are postable in person must
be postable online. Defendants and sureties or third-party payers that post bond
online have the same rights that are afforded to a person when posting in person,
specifically:
(A) The sheriff shall provide the defendant and surety or third-party payer, if
any, a copy of the notice described in subsection (2)(h)(I) of this section; and
(B) The sheriff shall provide the defendant and surety or third-party payer, if
any, a copy of the bond paperwork and information regarding the defendant's next
court date.
(c) The custodian of a jail shall ensure the defendant, a surety on behalf of
the defendant, or another third party on behalf of the defendant is not charged
more than a ten-dollar bond processing fee, including when bond is posted online.
(d) The custodian of a jail shall also ensure the defendant, a surety on behalf
of the defendant, or another third party on behalf of the defendant is not charged
any additional transaction fees, including kiosk fees, including when bond is posted
online; except that the standard credit card processing fee that the credit card
company charges may be charged when a credit card is used, or, when a third-party
vendor provides defendants the option to post monetary bond with a credit card,
the defendant may be required to pay not more than a three-and-one-half percent
credit card payment processing fee.
(e) Unless extraordinary circumstances exist, the custodian of a jail shall
release a defendant who is granted a personal recognizance bond as soon as
practicable but no later than six hours after the defendant is physically present in
the jail. Unless extraordinary circumstances exist, the custodian of a jail shall
release a defendant who is granted a cash bond as soon as practicable but no later
than six hours after bond is set, after the defendant is physically present in the jail,
and after the defendant, surety, or third-party payer notifies the jail that the
defendant, surety, or third-party payer is prepared to post bond. If bond is posted
online, the six-hour release timeline begins when the defendant, surety, or third-party payer submits payment for a bond online or electronically files a power of
attorney pursuant to section 10-2-418. If the custodian fails to release the
defendant within six hours, the custodian shall inform the defendant and any
person posting bond on behalf of the defendant the reason for the delay and shall
document the reason for the delay in the defendant's file. A supervisory condition
of release does not serve as a legal basis to continue to detain the defendant;
except that, if the defendant is ordered released upon condition of being subject to
electronic monitoring, the defendant may be held up to as long as practicable but
no longer than twenty-four hours after the defendant is physically present in the
jail and the defendant's bond has been posted, if such delay is necessary to ensure
the defendant is fitted with electronic monitoring and the court has authorized the
defendant to be held until the electronic monitor is fitted. If the court orders
electronic monitoring for the protection of a specific individual, and the defendant
is ordered to have no contact with that specific individual, and the judge orders that
the defendant not be released without electronic monitoring based on finding that
the electronic monitoring is necessary for public safety, then the time limits
regarding release of the defendant in this subsection (2)(e) do not apply. However,
if a defendant is held more than twenty-four hours after posting bond awaiting
electronic monitoring fitting, the sheriff shall bring the defendant to the court the
next day the court is in session and explain the reason for the delay.
(e.5) (I) The custodian of a jail shall not delay a defendant's release from
custody for the purpose of an immigration enforcement operation.
(II) For purposes of this subsection (2)(e.5):
(A) Immigration enforcement operation has the same meaning as set forth
in section 24-76.6-101; except that immigration enforcement operation does not
include any conduct contemplated by, or in compliance with, section 24-76.6-102
(4).
(B) Jail means a correctional facility, as defined in section 17-1-102; local
jail, as defined in section 17-1-102; multijurisdictional jail, as described in section 17-26.5-101; or municipal jail, as described in section 31-15-401 (1)(j).
(f) A defendant whose bond has been posted, including when bond has been
posted online, must be released regardless of whether the defendant has paid any
outstanding fee, cost, or surcharge, including bond processing fees, booking fees,
pretrial supervision fees, or electronic monitoring supervision fees.
(g) For purposes of this section, extraordinary circumstances includes an
emergency that renders staff unable to process bonds and release defendants, but
it does not include a lack of staffing resources or routine administrative practices.
(h) (I) (A) Each sheriff shall post the following notice of rights on the sheriff's
website and information about how to file a complaint about violations of
subsections (2)(b) to (2)(f) of this section:
Legal Rights Related to Posting Money Bond
Pursuant to Section 16-4-102, Colorado Revised Statutes
1. Bond fees, booking fees, and other fees or debts never need to be paid to
secure a person's release on money bond, including when bond is posted online. A
defendant, surety, or another third-party payer need only pay the bond amount in
order to secure release.
2. While never a basis to hold a defendant in jail, the following fees are
chargeable as a debt to the defendant after release if the surety or another third-party payer chooses not to pay the fees at the time of bonding: A $10 bond fee and
a maximum 3.5% credit card payment fee. No other bond-related fees may be
charged at any time, including any kiosk fees or fees for payment by cash, check, or
money order, including when bond is posted online.
3. Bond payments are to be made out to the holding county and are never to be
made out in the name of the incarcerated person.
4. A sheriff must release a defendant within six hours after a personal
recognizance bond is set and the defendant has returned to jail or within six hours
after a cash bond has been set and the defendant has returned to jail and the
defendant, surety, or third-party payer notified the jail that bond is prepared to be
posted, unless extraordinary circumstances exist. If bond is posted online, the six-hour release timeline begins when the defendant, surety, or third-party payer
submits payment for a bond or electronically files a power of attorney. In the event
of a delay of more than six hours, a surety or third-party payer and the defendant
have a right to know what, if any, extraordinary circumstance is causing the delay.
Supervisory conditions of release do not justify a delay in release; except that a
sheriff may hold a defendant for up to 24 hours if necessary to ensure a defendant
is fitted with required electronic monitoring.
5. Anyone who posts a money bond, including bond posted online, has the right
to receive a copy of the bond paperwork, including documentation of the next
upcoming court date.
6. A surety or third-party payer may never be asked to use posted bond
money to pay a defendant's debts. Only when defendants have posted their own
money bond may they be asked if they would like to voluntarily relinquish bond
money to pay their debts, including when bond is posted online. Relinquishment of
bond money by a defendant to pay a debt is never required and is entirely a
voluntary choice by the defendant.
(B) The notice described in this subsection (2)(h)(I) must include information
about how to file a complaint about violations of these provisions.
(II) The sheriff shall include the notice described in subsection (2)(h)(I) of this
section in the inmate handbook. The notice must also be available at the bonding
counter and provided to any individual, including a defendant, inquiring about
posting bond.
(i) Each sheriff shall post a notice both in the common area of the jail in a
location clearly visible to the inmates and in the public portion of the jail where a
person posts bond, clearly visible to a person posting bond, that contains the
following information:
(I) Bond fees, booking fees, and other fees or debts never need to be paid to
secure a person's release on money bond, including when bond is posted online. A
defendant, surety, or other third-party payer need only pay the bond amount in
order to secure release.
(II) The sheriff shall release a defendant within six hours after a personal
recognizance bond is set and the defendant has returned to jail or within six hours
after a cash bond has been set and the defendant has returned to jail and the
defendant or surety or third-party payer notified the jail that bond is prepared to be
posted, unless extraordinary circumstances exist. If bond is posted online, the six-hour release timeline begins when the defendant or surety or third-party payer
submits payment for a bond or electronically files a power of attorney. However, a
sheriff may hold a defendant for up to twenty-four hours if necessary to ensure a
defendant is fitted with required electronic monitoring.
(III) How to file a complaint about violations of subsections (2)(i)(I) and
(2)(i)(II) of this section.
(j) (I) Each sheriff shall create written policies to comply with this subsection
(2) by October 1, 2025. The sheriff shall post the policies on the sheriff's website
and distribute them to all staff. The sheriff shall train all staff who process bonds or
interact with inmates on the policies.
(II) Each sheriff shall review and update the sheriff's website, signage,
paperwork, and forms related to bonding to reflect current law by October 1, 2025,
and update the sheriff's website, signage, paperwork, and forms related to bonding
as necessary thereafter.
(III) Each sheriff shall file a certificate of compliance with this subsection (2),
a copy of the written policies required by subsection (2)(j)(I) of this section, and the
notices required by subsections (2)(h)(I)(A) and (2)(i) of this section with the division
of criminal justice in the department of public safety, by October 1, 2021, and each
October 1 thereafter. Copies of the policies and notices only have to be provided
when updated. The sheriff shall use the certificate of compliance form developed
by the division of criminal justice in the department of public safety pursuant to
section 24-33.5-503 (1)(bb).
Colorado § 16-4-102 (Right to bail - before conviction - definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.