§ 16-5-206 — Summons in lieu of warrant

(1) Except in class 1, class 2, and
class 3 felonies, level 1 and level 2 drug felonies, and in unclassified felonies
punishable by a maximum penalty of more than ten years, if an indictment is
returned or an information, felony complaint, or complaint has been filed prior to
the arrest of the person named as defendant therein, the court has power to issue a
summons commanding the appearance of the defendant in lieu of a warrant for his
or her arrest unless a law enforcement officer presents in writing a basis to believe
there is a significant risk of flight or that the victim or public safety may be
compromised.

(1.5) (a) Except in class 1, class 2, class 3, and class 4 felonies; in crimes
described in section 24-4.1-302 (1), C.R.S.; and in unclassified felonies punishable by
a maximum penalty of more than ten years, a law enforcement officer may issue a
summons commanding the appearance of the defendant in lieu of a warrant for his
or her arrest based on probable cause if:

(I) The local district attorney consents to such procedure and has developed
and approved criteria for the issuance of such a summons pursuant to this
subsection (1.5);

(II) There is a reasonable likelihood that the defendant will appear;

(III) The defendant has had no felony arrests during the preceding five years;

(IV) There is no allegation that the defendant used a deadly weapon as
defined in section 18-1-901 (3)(e), C.R.S., in the commission of the crime; and

(V) There are no outstanding warrants for the defendant's arrest.

(b) No later than ten days after a law enforcement officer issues a summons
pursuant to this subsection (1.5), he or she shall deliver a copy to the court and to
the office of the district attorney where jurisdiction lies.

(c) When the procedure described in this subsection (1.5) is used, an
information or complaint may be filed in open court on the date specified in the
summons.

(2) If a summons is issued in lieu of a warrant under this section:

(a) It shall be in writing.

(b) It shall state the name of the person summoned and his address.

(c) It shall identify the nature of the offense.

(d) It shall state the date when issued and the county where issued.

(e) It shall be signed by the judge or clerk of the court with the title of his
office or by the law enforcement officer who issued the summons.

(f) It shall command the person to appear before the court at a certain time
and place.

(g) Repealed.

(3) A summons issued under this section may be served in the same manner
as the summons in a civil action or by mailing it to the defendant's last-known
address by certified mail with return receipt requested not less than fourteen days
prior to the time the defendant is requested to appear. Service by mail is complete
upon the return of the receipt signed by the defendant.

(4) If any person summoned under this section fails to appear as commanded
by the summons, the court shall forthwith issue a warrant for his arrest.

Legislative History

Source: L. 72: R&RE, p. 216, � 1. C.R.S. 1963: � 39-5-206. L. 2009: (1) amended, (HB 09-1262), ch. 104, p. 381, � 1, effective August 5. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 849, � 73, effective July 1. L. 2013: (1) amended, (SB 13-250), ch. 333, p. 1928, � 38, effective October 1. L. 2016: (1.5) added and IP(2) and (2)(e) amended, (HB 16-1104), ch. 118, p. 337, � 1, effective August 10. L. 2019: (2)(g) added, (SB 19-036), ch. 293, p. 2687, � 5, effective July 1, 2020. L. 2022: (2)(g) repealed, (SB 22-018), ch. 191, p. 1274, � 5, effective July 15.