(1) The court shall determine,
after consideration of all relevant criteria, which of the following types of bond is
appropriate for the pretrial release of a person in custody, subject to the relevant
statutory conditions of release listed in section 16-4-105. The person may be
released upon execution of:
(a) An unsecured personal recognizance bond in an amount specified by the
court. The court may require additional obligors on the bond as a condition of the
bond.
(b) An unsecured personal recognizance bond with additional nonmonetary
conditions of release designed specifically to reasonably ensure the appearance of
the person in court and the safety of any person or persons or the community;
(c) A bond with secured monetary conditions when reasonable and
necessary to ensure the appearance of the person in court or the safety of any
person or persons or the community. The financial conditions shall state an amount
of money that the person must post with the court in order for the person to be
released. The person may be released from custody upon execution of bond in the
full amount of money to be secured by any one of the following methods, as
selected by the person to be released, unless the court makes factual findings on
the record with respect to the person to be released that a certain method of bond,
as selected by the court, is necessary to ensure the appearance of the person in
court or the safety of any person, persons, or the community:
(I) By a deposit with the clerk of the court of an amount of cash equal to the
monetary condition of the bond;
(II) By real estate situated in this state with unencumbered equity not
exempt from execution owned by the accused or any other person acting as surety
on the bond, which unencumbered equity shall be at least one and one-half the
amount of the security set in the bond;
(III) By sureties worth at least one and one-half of the security set in the
bond; or
(IV) By a bail bonding agent, as defined in section 16-1-104 (3.5).
(d) A bond with secured real estate conditions when it is determined that
release on an unsecured personal recognizance bond without monetary conditions
will not reasonably ensure the appearance of the person in court or the safety of
any person or persons or the community. For a bond secured by real estate, the
bond shall not be accepted by the clerk of the court unless the record owner of
such property presents to the clerk of the court the original deed of trust as set
forth in subparagraph (IV) of this paragraph (d) and the applicable recording fee.
Upon receipt of the deed of trust and fee, the clerk of the court shall record the
deed of trust with the clerk and recorder for the county in which the property is
located. For a bond secured by real estate, the amount of the owner's
unencumbered equity shall be determined by deducting the amount of all
encumbrances listed in the owner and encumbrances certificate from the actual
value of such real estate as shown on the current notice of valuation. The owner of
the real estate shall file with the bond the following, which shall constitute a
material part of the bond:
(I) The current notice of valuation for such real estate prepared by the
county assessor pursuant to section 39-5-121, C.R.S.; and
(II) Evidence of title issued by a title insurance company or agent licensed
pursuant to article 11 of title 10, C.R.S., within thirty-five days after the date upon
which the bond is filed; and
(III) A sworn statement by the owner of the real estate that the real estate is
security for the compliance by the accused with the primary condition of the bond;
and
(IV) A deed of trust to the public trustee of the county in which the real
estate is located that is executed and acknowledged by all record owners of the
real estate. The deed of trust shall name the clerk of the court approving the bond
as beneficiary. The deed of trust shall secure an amount equal to one and one-half
times the amount of the bond.
(2) Unless the district attorney consents or unless the court imposes certain
additional individualized conditions of release as described in section 16-4-105, a
person must not be released on an unsecured personal recognizance bond pursuant
to paragraph (a) of subsection (1) of this section under the following circumstances:
(a) The person is presently free on another bond of any kind in another
criminal action involving a felony or a class 1 misdemeanor;
(b) The person has a record of conviction of a class 1 misdemeanor within two
years or a felony within five years, prior to the bail hearing; or
(c) The person has willfully failed to appear on bond in any case involving a
felony or a class 1 misdemeanor charge in the preceding five years.
(3) A person may not be released on an unsecured personal recognizance
bond if, at the time of such application, the person is presently on release under a
surety bond for felony or class 1 misdemeanor charges unless the surety thereon is
notified and afforded an opportunity to surrender the person into custody on such
terms as the court deems just under the provisions of section 16-4-108.
(4) Because of the danger posed to any person and the community, a person
who is arrested for an offense under section 42-4-1301 (1) or (2)(a), C.R.S., may not
attend a bail hearing until the person is no longer intoxicated or under the influence
of drugs. The person shall be held in custody until the person may safely attend
such hearing.
(5) At the initial hearing, the person has the right to be represented by an
attorney and the court shall advise the person of the possible charges, penalties,
and the person's rights as specified in rule 5 of the Colorado rules of criminal
procedure, unless waived by the person. The court shall notify the public defender
of each person in custody before the initial hearing, and each person in custody has
the right to be represented by a public defender at the hearing. The court shall
provide the person's attorney sufficient time to prepare for and present an
individualized argument regarding the type of bond and conditions of release at the
initial hearing, consistent with the court's docket and scheduling priorities.
(6) The prosecuting attorney has the right to be notified of each person set
for initial hearing, to appear at all initial hearings to provide his or her position
regarding the type of bond and conditions of release, and shall be provided
sufficient time by the court to prepare for and present any relevant argument,
consistent with the court's docket and scheduling priorities.
(7) Prior to the initial hearing, any pretrial services agency operating in that
county, or any other agency that reports to the court, that has conducted a pretrial
release assessment or gathered information for the court's consideration at the
initial hearing shall provide to the prosecution and the person's attorney all
information provided to the court regarding the person in custody, which shall
include, if provided, the arrest warrant, the probable cause statement, and the
person's criminal history.
(8) The sheriff's office and jail personnel shall provide the public defender's
office or private counsel access to the person who will be appearing at the hearing
and shall allow sufficient time with the person prior to the hearing in order to
prepare for the initial hearing.