(1)The chief judge of any judicial
district may order a person who is eligible for bond or other pretrial release to be
evaluated by a pretrial services program established pursuant to this section, which
program may advise the court if the person is bond eligible, may provide
information that enables the court to make an appropriate decision on bond and
conditions of release, and may recommend conditions of release consistent with
this section. The chief judge may make such order in any or all of the counties of the
chief judge's judicial district.
(2)The chief judge of any judicial district shall endeavor to consult, on an
annual basis, with the county or counties within the judicial district in an effort to
support and encourage the development by the county or counties, to
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(1) The chief judge of any judicial
district may order a person who is eligible for bond or other pretrial release to be
evaluated by a pretrial services program established pursuant to this section, which
program may advise the court if the person is bond eligible, may provide
information that enables the court to make an appropriate decision on bond and
conditions of release, and may recommend conditions of release consistent with
this section. The chief judge may make such order in any or all of the counties of the
chief judge's judicial district.
(2) The chief judge of any judicial district shall endeavor to consult, on an
annual basis, with the county or counties within the judicial district in an effort to
support and encourage the development by the county or counties, to the extent
practicable and within available resources, of pretrial services programs that
support the work of the court and evidence-based decision-making in determining
the type of bond and conditions of release.
(3) To reduce barriers to the pretrial release of persons in custody whose
release on bond with appropriate conditions reasonably assures court appearance
and public safety, all counties and cities and counties are encouraged to develop a
pretrial services program in consultation with the chief judge of the judicial district
in an effort to establish a pretrial services program that may be utilized by the
district court of such county or city and county. Any pretrial services program must
be established pursuant to a plan formulated by a community advisory board
created for such purpose and appointed by the chief judge of the judicial district.
Membership on such community advisory board must include, at a minimum, a
representative of a local law enforcement agency, a representative of the district
attorney, a representative of the public defender, and a representative of the
citizens at large. The chief judge is encouraged to appoint to the community
advisory board at least one representative of the bail bond industry who conducts
business in the judicial district, which may include a bail bondsman, a bail surety, or
other designated bail industry representative. The plan formulated by such
community advisory board must be approved by the chief judge of the judicial
district prior to the establishment and utilization of the pretrial services program.
The option contained in this section that a pretrial services program be established
pursuant to a plan formulated by the community advisory board does not apply to
any pretrial services program that existed before May 31, 1991.
(4) Any pretrial services program approved pursuant to this section must
meet the following criteria:
(a) The program must establish a procedure for the screening of persons
who are detained due to an arrest for the alleged commission of a crime so that
such information may be provided to the judge who is setting the bond and
conditions of release. The program must provide information that provides the court
with the ability to make an appropriate initial bond decision that is based upon facts
relating to the person's risk of failure to appear for court and risk of danger to the
community.
(b) The program must make all reasonable attempts to provide the court
with such information delineated in this section as is appropriate to each individual
person seeking release from custody;
(c) The program, in conjunction with the community advisory board, must
make all reasonable efforts to implement an empirically developed pretrial risk
assessment tool, to be used by the program, the court, and the parties to the case
solely for the purpose of assessing pretrial risk, and a structured decision-making
design based upon the person's charge and the risk assessment score; and
(d) The program must work with all appropriate agencies and assist with all
efforts to comply with sections 24-4.1-302.5 and 24-4.1-303, C.R.S.
(5) Any pretrial services program may also include different methods and
levels of community-based supervision as a condition of release, and the program
must use established methods for persons who are released prior to trial in order to
decrease unnecessary pretrial detention. The program may include, but is not
limited to, any of the criteria as outlined in section 16-4-105 (8) as conditions for
pretrial release.
(6) Commencing July 1, 2012, each pretrial services program established
pursuant to this section shall provide an annual report to the judicial department no
later than November 1 of each year, regardless of whether the program existed
prior to May 31, 1991. Notwithstanding section 24-1-136 (11)(a)(I), the judicial
department shall present an annual combined report to the house and senate
judiciary committees of the house of representatives and the senate, or any
successor committees, of the general assembly. The report to the judicial
department must include, but is not limited to, the following information:
(a) The total number of pretrial assessments performed by the program and
submitted to the court;
(b) The total number of closed cases by the program in which the person was
released from custody and supervised by the program;
(c) The total number of closed cases in which the person was released from
custody, was supervised by the program, and, while under supervision, appeared for
all scheduled court appearances on the case;
(d) The total number of closed cases in which the person was released from
custody, was supervised by the program, and was not charged with a new criminal
offense that was alleged to have occurred while under supervision and that carried
the possibility of a sentence to jail or imprisonment;
(e) The total number of closed cases in which the person was released from
custody and was supervised by the program, and the person's bond was not
revoked by the court due to a violation of any other terms and conditions of
supervision; and
(f) Any additional information the judicial department may request.
(7) For the reports required in subsection (6) of this section, the pretrial
services program shall include information detailing the number of persons
released on a commercial surety bond in addition to pretrial supervision, the
number of persons released on a cash, private surety, or property bond in addition
to pretrial supervision, and the number of persons released on any form of a
personal recognizance bond in addition to pretrial supervision.