§ 16-4-114 — Enforcement procedures for compensated sureties - definitions
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(1) (a) The general assembly hereby finds, determines, and declares that the
simplicity, effectiveness, and uniformity of bail forfeiture procedures applicable to
compensated sureties who are subject to the regulatory authority of the Colorado
division of insurance are matters of statewide concern.
(b) It is the intent of the general assembly in adopting this section to:
(I) Adopt a board system that will simplify and expedite bail forfeiture
procedures by authorizing courts to bar compensated sureties who fail to pay
forfeiture judgments from writing further bonds;
(II) Minimize the need for day-to-day involvement of the division of insurance
in routine forfeiture enforcement; and
(III) Reduce court administrative workload.
(2) As used in this section, unless the context otherwise requires:
(a) Bail insurance company means an insurer as defined in section 10-1-102
(13), C.R.S., engaged in the business of writing appearance bonds through bonding
agents, which company is subject to regulation by the division of insurance in the
department of regulatory agencies.
(b) Board system means any reasonable method established by a court to
publicly post or disseminate the name of any compensated surety who is prohibited
from posting bail bonds.
(c) Compensated surety means any person who is in the business of writing
appearance bonds and who is subject to regulation by the division of insurance in
the department of regulatory agencies, including bonding agents and bail
insurance companies. Nothing in this paragraph (c) authorizes bail insurance
companies to write appearance bonds except through bail bonding agents.
(d) On the board means that the name of a compensated surety has been
publicly posted or disseminated by a court as being ineligible to write bail bonds
pursuant to paragraph (e) or (f) of subsection (5) of this section.
(3) Each court of record in this state shall implement a board system for the
recording and dissemination of the names of those compensated sureties who are
prohibited from posting bail bonds in the state due to an unpaid judgment as set
forth in this section.
(4) By entering into a bond, each obligor, including the bond principal and
compensated surety, submits to the jurisdiction of the court and acknowledges the
applicability of the forfeiture procedures set forth in this section.
(5) Liability of bond obligors on bonds issued by compensated sureties may
be enforced, without the necessity of an independent action, as follows:
(a) In the event a defendant does not appear before the court and is in
violation of the primary condition of an appearance bond, the court may declare the
bond forfeited.
(b) (I) If a bond is declared forfeited by the court, notice of the bail forfeiture
order shall be served on the bonding agent by certified mail and on the bail
insurance company by regular mail within fourteen days after the entry of said
forfeiture. If the compensated surety on the bond is a cash bonding agent, only the
cash bonding agent shall be notified of the forfeiture. Service of notice of the bail
forfeiture on the defendant is not required.
(II) The notice described in subparagraph (I) of this paragraph (b) shall
include, but need not be limited to:
(A) A statement intended to inform the compensated surety of the entry of
forfeiture;
(B) An advisement that the compensated surety has the right to request a
show cause hearing pursuant to subparagraph (III) of this paragraph (b) within
fourteen days after receipt of notice of forfeiture, by procedures set by the court;
and
(C) An advisement that if the compensated surety does not request a show
cause hearing pursuant to subparagraph (III) of this paragraph (b), judgment shall
be entered upon expiration of thirty-five days following the entry of forfeiture.
(III) A compensated surety, upon whom notice of a bail forfeiture order has
been served, shall have fourteen days after receipt of notice of such forfeiture to
request a hearing to show cause why judgment on the forfeiture should not be
entered for the state against the compensated surety. Such request shall be
granted by the court and a hearing shall be set within thirty-five days after entry of
forfeiture or at the court's earliest convenience. At the conclusion of the hearing
requested by the compensated surety, if any, the court may enter judgment for the
state against the compensated surety, or the court may in its discretion order
further hearings. Upon expiration of thirty-five days after the entry of forfeiture, the
court shall enter judgment for the state against the compensated surety if the
compensated surety did not request within fourteen days after receipt of notice of
such forfeiture a hearing to show cause.
(IV) If such a show cause hearing was timely set but the hearing did not
occur within thirty-five days after the entry of forfeiture, any entry of judgment at
the conclusion of the hearing against the compensated surety shall not be vacated
on the grounds that the matter was not timely heard. If judgment is entered against
a compensated surety upon the conclusion of a requested show cause hearing, and
such hearing did not occur within thirty-five days after the entry of forfeiture,
execution upon said judgment shall be automatically stayed for no more than one
hundred twenty-six days after entry of forfeiture.
(V) (A) If at any time prior to the entry of judgment, the defendant appears in
court, either voluntarily or in custody after surrender or arrest, the court shall on its
own motion direct that the bail forfeiture be set aside and the bond exonerated at
the time the defendant first appears in court; except that, if the state extradites
such defendant, all necessary and actual costs associated with such extradition
shall be borne by the surety up to the amount of the bond.
(B) If, at a time prior to the entry of judgment, the surety provides proof to
the court that the defendant is in custody in any other jurisdiction within the state,
the court shall on its own motion direct that the bail forfeiture be set aside and the
bond exonerated; except that, if the court extradites the defendant, all necessary
and actual costs associated with the extradition shall be borne by the surety up to
the amount of the bond. If the court elects to extradite the defendant, any
forfeiture will be stayed until such time the defendant appears in the court where
the bond returns.
(C) A compensated surety shall be exonerated from liability upon the bond
by satisfaction of the bail forfeiture judgment, surrender of the defendant, or order
of the court. If the surety provides proof to the court that the defendant is in
custody in any other jurisdiction within the state, within ninety-one days after the
entry of judgment, the court shall on its own motion direct that the bail forfeiture
judgment be vacated and the bond exonerated; except that, if the court extradites
the defendant, all necessary and actual costs associated with the extradition shall
be borne by the surety up to the amount of the bond. If the court elects to extradite
the defendant, any judgment will be stayed until the time the defendant appears in
the court where the bond returns.
(VI) A compensated surety shall be exonerated from liability upon the bond
when the surety provides satisfactory evidence to the court that the defendant has
been removed from the country pursuant action by a federal immigration agency
while on bond. The court shall exonerate the bail bond if all of the following occur:
(A) The compensated surety files a motion requesting exoneration of the bail
bond;
(B) The compensated surety files an affidavit along with the motion stating
that the compensated surety has received information from the United States
department of homeland security, the United States immigration and customs
enforcement, or a foreign consulate that the defendant has been detained or
removed from the United States. If the compensated surety is unable to obtain such
information from the above sources, the compensated surety must file an affidavit
that is signed under penalty of perjury by a person with personal knowledge that
the defendant has been detained or removed from the United States.
(C) The district attorney does not object.
(VII) If the court exonerates the liability on the bail bond pursuant to
subsection (5)(b)(VI) of this section and the bond premium has been paid, any
collateral securing the bail bond is released.
(c) Execution upon said bail forfeiture judgment shall be automatically
stayed for ninety-one days from the date of entry of judgment; except that, if
judgment is entered against a compensated surety upon the conclusion of a
requested show cause hearing, and such hearing did not occur within thirty-five
days after the entry of forfeiture, the judgment shall be automatically stayed as set
forth in subparagraph (IV) of paragraph (b) of this subsection (5).
(d) Upon the expiration of the stay of execution described in paragraph (c) of
this subsection (5), the bail forfeiture judgment shall be paid forthwith by the
compensated surety, if not previously paid, unless the defendant appears in court,
either voluntarily or in custody after surrender or arrest, or the court enters an
order granting an additional stay of execution or otherwise vacates the judgment.
(e) If a bail forfeiture judgment is not paid on or before the expiration date of
the stay of execution described in paragraph (c) of this subsection (5), the name of
the bonding agent shall be placed on the board of the court that entered the
judgment. The bonding agent shall be prohibited from executing any further bail
bonds in this state until the judgment giving rise to placement on the board is
satisfied, vacated, or otherwise discharged by order of the court.
(f) If a bail forfeiture judgment remains unpaid for thirty-five days after the
name of the bonding agent is placed on the board, the court shall send notice by
certified mail to the bail insurance company for whom the bonding agent has
executed the bond that if said judgment is not paid within fourteen days after the
date of mailing of said notice, the name of the bail insurance company shall be
placed on the board and such company shall be prohibited from executing any
further bail bonds in this state until the judgment giving rise to placement on the
board is satisfied, vacated, or otherwise discharged by order of the court.
(g) A compensated surety shall be removed forthwith from the board only
after every judgment for which the compensated surety was placed on the board is
satisfied, vacated, or discharged or stayed by entry of an additional stay of
execution. No compensated surety shall be placed on the board in the absence of
the notice required by paragraph (b) or (f) of this subsection (5).
(h) The court may order that a bail forfeiture judgment be vacated and set
aside or that execution thereon be stayed upon such conditions as the court may
impose, if it appears that justice so requires.
(i) A compensated surety shall be exonerated from liability upon the bond by
satisfaction of the bail forfeiture judgment, surrender of the defendant, or by order
of the court. If the defendant appears in court, either voluntarily or in custody after
surrender or arrest, within ninety-one days after the entry of judgment, the court, at
the time the defendant first appears in court, shall on its own motion direct that the
bail forfeiture judgment be vacated and the bond exonerated; except that, if the
state extradites such defendant, all necessary and actual costs associated with
such extradition shall be borne by the surety up to the amount of the bond.
(j) If, within one year after payment of the bail forfeiture judgment, the
compensated surety effects the apprehension or surrender of the defendant and
provides reasonable notice to the court to which the bond returns that the
defendant is available for extradition, the court shall vacate the judgment and order
a remission of the amount paid on the bond less any necessary and actual costs
incurred by the state and the sheriff who has actually extradited the defendant.
(k) Bail bonds shall be deemed valid notwithstanding the fact that a bond
may have been written by a compensated surety who has been placed on the board
pursuant to paragraph (e) or (f) of this subsection (5) and is otherwise prohibited
from writing bail bonds. The ineligibility of a compensated surety to write bonds
because the name of the compensated surety has been placed on the board
pursuant to paragraph (e) or (f) of this subsection (5) shall not be a defense to
liability on any appearance bond accepted by a court.
(l) The automatic stay of execution upon a bail forfeiture judgment as
described in paragraph (c) of this subsection (5) shall expire pursuant to its terms
unless the defendant appears and surrenders to the court having jurisdiction or
satisfies the court that appearance and surrender by the defendant was impossible
and without fault by such defendant. The court may order that a forfeiture be set
aside and judgment vacated as set forth in paragraph (h) of this subsection (5).
(6) A bail insurance company shall not write bail bonds unless through a
licensed bail bonding agent.
(7) Beginning July 1, 2025, the judicial department shall transfer the money
collected pursuant to this section from a bail forfeiture judgment involving an
appearance bond described in this section to the state treasurer for deposit in the
judicial collection enhancement fund created in section 16-11-101.6 (2).
Colorado § 16-4-114 (Enforcement procedures for compensated sureties - definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.