§ 16-4-201 — Bail after conviction

Colorado § 16-4-201

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Release from Custody Pending

Text

(1) (a) After conviction, either before or after
sentencing, the defendant may orally, or in writing, move for release on bail pending
determination of a motion for a new trial or motion in arrest of judgment or during
any stay of execution or pending review by an appellate court, and, except in cases
where the defendant has been convicted of a capital offense, the trial court, in its
discretion, may continue the bond given for pretrial release, or may release the
defendant on bond with additional conditions including monetary conditions, or
require bond under one or more of the alternatives set forth in section 16-4-104.

(b) The district attorney must be present at the time the court passes on a
defendant's motion for release on bail after conviction.

(c) Bond shall not be continued in effect following a plea of guilty or of nolo
contendere or following conviction unless the written consents of the sureties, if
any, are filed with the court. In the initial bond documents filed with the court, a
surety shall indicate, in writing and at the time of the posting of bond, if the surety
consents to the continuance of the bond through sentencing of the defendant. If
the surety does not provide written consent at the time of the initial posting of
bond, the surety may provide written consent at the time of the plea of guilty or
nolo contendere or within a reasonable time thereafter as determined by the court.
A court shall not require the posting of any form of bond that allows for the
continuance of said bond after a plea of guilty or of nolo contendere or following
conviction without filing with the court the written consents of the sureties, if any.

(d) For a defendant who has been convicted of a felony offense, a condition
of bail bond shall be that the court shall require the defendant to execute or
subscribe a written prior waiver of extradition stating that the defendant 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
released 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.

(2) After conviction, a defendant who is granted probation pursuant to
section 18-1.3-202, C.R.S., may orally, or in writing, move for a stay of probation
pending determination of a motion for a new trial or a motion in arrest of judgment
or pending review by an appellate court. The trial court, in its discretion, may grant
a stay of probation and require the defendant to post an appeal bond under one or
more of the alternatives set forth in section 16-4-104. The district attorney shall be
present at the time the court passes on a defendant's motion for stay of probation
after conviction.

Legislative History

Source: L. 72: R&RE, p. 209, � 1. C.R.S. 1963: � 39-4-201. L. 85: Entire section amended, p. 621, � 3, effective July 1. L. 94: Entire section amended, p. 97, � 2, effective July 1. L. 2002: (2) amended, p. 1490, � 131, effective October 1. L. 2006: (1) amended, p. 341, � 3, effective July 1. L. 2012: (1)(c) amended, (HB 12-1310), ch. 268, p. 1393, � 5, effective June 7. L. 2013: (1)(a) amended, (HB 13-1236), ch. 202, p. 839, � 3, effective May 11.