Colorado § 16-4-203 Appeal bond hearing - order

Colorado Statutes

§ 16-4-203 — Appeal bond hearing - order

Colorado·Title 16 Criminal·Art. Release from Custody Pending

(1)After considering the factors set forth in section 16-4-202, the court may enter one of the following orders:

(a)Deny the defendant appeal bond; or

(b)Repealed.

(c)Grant the defendant appeal bond.

(2)If the court determines that an appeal bond should be granted, the court shall set the amount of bail and order either:

(a)An appeal bond in the amount of the bail to be executed and secured by depositing cash or property as provided by statute or by an approved surety or sureties; or

(b)An appeal bond in the amount of the bail to be executed on the personal recognizance of the defendant. (2.5) If the court determines that an appeal bond should be granted, the court shall provide as an explicit condition of the appeal bond that the defendant not harass, molest, intimida

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(1) After considering the factors set
forth in section 16-4-202, the court may enter one of the following orders:

(a) Deny the defendant appeal bond; or

(b) Repealed.

(c) Grant the defendant appeal bond.

(2) If the court determines that an appeal bond should be granted, the court
shall set the amount of bail and order either:

(a) An appeal bond in the amount of the bail to be executed and secured by
depositing cash or property as provided by statute or by an approved surety or
sureties; or

(b) An appeal bond in the amount of the bail to be executed on the personal
recognizance of the defendant.

(2.5) If the court determines that an appeal bond should be granted, the
court shall provide as an explicit condition of the appeal bond that the defendant
not harass, molest, intimidate, retaliate against, or tamper with the victim of or any
prosecution witnesses to the crime, unless the court makes written findings that
such condition is not necessary.

(3) In addition to the above, the court may:

(a) Place the defendant in the custody of the probation department or a
designated person who agrees to supervise him;

(b) Place restrictions on the travel, activities, associations, or place of abode
of the defendant during the pendency of the appeal;

(c) Impose any other condition deemed necessary to assure defendant's
appearance as required.

(4) Upon written motion of the state or the defendant, the sentencing court
may increase or reduce the amount of appeal bond, alter the security for or
conditions of the appeal bond, or revoke the appeal bond. Notice of hearing on the
motion shall be given in the manner provided in section 16-4-107.

(5) If the defendant has been charged with committing another felony, level
1 drug misdemeanor, or class 1 misdemeanor while he or she is at liberty on an
appeal bond, and probable cause has been found with respect to such other felony,
level 1 drug misdemeanor, or class 1 misdemeanor or the defendant has waived his
or her right to a probable cause determination as to the felony, level 1 drug
misdemeanor, or class 1 misdemeanor, the court shall revoke his or her appeal bond
on motion of the attorney general or district attorney.

Colorado § 16-4-203 (Appeal bond hearing - order) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 72: R&RE, p. 210, � 1. C.R.S. 1963: � 39-4-203. L. 82: (1)(a) amended and (1)(b) repealed, p. 307, �� 1, 2, effective March 17. L. 94: (2.5) added, p. 2022, � 1, effective June 3. L. 2013: (5) amended, (SB 13-250), ch. 333, p. 1928, � 37, effective October 1.