(1)For each bond, the court shall
require that the released person appear to answer the charge against the person at
a place and upon a date certain and at any place or upon any date to which the
proceeding is transferred or continued. This condition is the only condition for which
a breach of surety or security on the bail bond may be subject to forfeiture.
(2)For a person who has been arrested for a felony offense, the court shall
require as a condition of a bond that the person execute a waiver of extradition
stating the person consents to extradition to this state and waives all formal
procedures incidental to extradition proceedings in the event that he or she is
arrested in another state while at liberty on such bail bond and acknowledging that
he or she shall not be admi
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(1) For each bond, the court shall
require that the released person appear to answer the charge against the person at
a place and upon a date certain and at any place or upon any date to which the
proceeding is transferred or continued. This condition is the only condition for which
a breach of surety or security on the bail bond may be subject to forfeiture.
(2) For a person who has been arrested for a felony offense, the court shall
require as a condition of a bond that the person execute a waiver of extradition
stating the person consents to extradition to this state and waives all formal
procedures incidental to extradition proceedings in the event that he or she is
arrested in another state while at liberty on such bail bond and acknowledging that
he or she shall not be admitted to bail in any other state pending extradition to this
state.
(3) Additional conditions of every bond is that the released person shall not
commit any felony while free on such a bail bond, and the court in which the action
is pending has the power to revoke the release of the person, to change any bond
condition, including the amount of any monetary condition if it is shown that a
competent court has found probable cause to believe that the defendant has
committed a felony while released, pending the resolution of a prior felony charge.
(4) An additional condition of every bond in cases involving domestic
violence as defined in section 18-6-800.3 (1), C.R.S., in cases of stalking under
section 18-3-602, C.R.S., or in cases involving unlawful sexual behavior as defined in
section 16-22-102 (9), is that the released person acknowledge the protection order
as provided in section 18-1-1001 (5), C.R.S.
(4.1) Notwithstanding any other type of bond and conditions of release set by
the court, in cases involving domestic violence, as defined in section 18-6-800.3 (1),
or in cases where the court subjects a defendant to a mandatory protection order
that qualifies as an order described in 18 U.S.C. sec. 922 (g)(8), the court shall order
the defendant to comply with the provisions of section 18-1-1001 as it relates to
firearm relinquishment.
(5) An additional condition of every bond in a case of an offense under
section 42-2-138 (1)(d)(I), C.R.S., of driving while such person's driver's license or
privilege to drive, either as a resident or nonresident, is restrained solely or partially
because of a conviction of a driving offense pursuant to section 42-4-1301 (1) or
(2)(a), C.R.S., is that such person not drive any motor vehicle during the period of
such driving restraint.
(6) (a) If a person is arrested for driving under the influence or driving while
ability impaired, pursuant to section 42-4-1301, C.R.S., and the person has one or
more previous convictions for an offense in section 42-4-1301, C.R.S., or one or more
convictions in any other jurisdiction that would constitute a violation of section 42-4-1301, C.R.S., as a condition of any bond, the court shall order that the person
abstain from the use of alcohol or illegal drugs, and such abstinence shall be
monitored.
(b) A person seeking relief from any of the conditions imposed pursuant to
subsection (6)(a) of this section shall file a motion with the court, and the court shall
conduct a hearing upon the motion. The court shall consider whether the condition
from which the person is seeking relief is in the interest of justice and whether
public safety would be endangered if the condition were not enforced. When
determining whether to grant relief pursuant to this subsection (6)(b), the court
shall consider whether the person has voluntarily enrolled and is participating in an
appropriate substance use disorder treatment program.
(c) Notwithstanding subsection (6)(a) or any other provision of this section, if
a person possesses a valid registry identification card, as defined in section 25-1.5-106 (2)(e), that establishes that he or she is a patient who uses medical marijuana,
the court shall not require as a condition of any bond that the person abstain from
the use of medical marijuana.
(7) A person may be released on a bond with monetary condition of bond,
when appropriate, as described in section 16-4-104 (1)(c).
(8) In addition to the conditions specified in this section, the court may
impose any additional conditions on the conduct of the person released that will
assist in obtaining the appearance of the person in court and the safety of any
person or persons and the community. These conditions may include, but are not
limited to, supervision by a qualified person or organization or supervision by a
pretrial services program established pursuant to section 16-4-106. While under the
supervision of a qualified organization or pretrial services program, the conditions
of release imposed by the court may include, but are not limited to:
(a) Periodic telephone contact with the program;
(b) Periodic office visits by the person to the pretrial services program or
organization;
(c) Periodic visits to the person's home by the program or organization;
(d) Treatment of the person's behavioral, mental health, or substance use
disorder, if applicable, including residential treatment if the defendant consents to
the treatment;
(e) Periodic alcohol or drug testing of the person;
(f) Domestic violence counseling for the defendant if the defendant consents
to the counseling;
(g) Electronic or global position monitoring of the person;
(h) Pretrial work release for the person; and
(i) Other supervision techniques shown by research to increase court
appearance and public safety rates for persons released on bond.