(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 r
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(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.