House Bill 25-1015 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning clarifying changes to ensure that bond can be

• Page 1, Line 102posted online.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Current law requires that bond can be posted online. The bill makes clarifying changes to the bond statutes to ensure that bond can be posted online.

• Page 1, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 1SECTION 1.  In Colorado Revised Statutes, 16-4-102, amend

• Page 2, Line 2(2)(b), (2)(c), (2)(d), (2)(e), (2)(f), (2)(h)(I)(A), (2)(i)(I), (2)(i)(II),

• Page 2, Line 3(2)(j)(I), and (2)(j)(II) as follows:

• Page 2, Line 416-4-102.  Right to bail - before conviction. (2) (b) (I)  A judge,

• Page 2, Line 5judicial officer, or bond hearing officer shall not require a monetary bond

• Page 2, Line 6to be paid posted in the defendant's name. Bond may be paid posted, at

• Page 2, Line 7a minimum, by cash, money order, or cashier's check. Bond may be

• Page 2, Line 8posted online, at a minimum, by credit card. If bond is paid posted

• Page 2, Line 9by money order or cashier's check, the money order or cashier's check

• Page 2, Line 10may be payable to the holding county. Before bond is posted, the sheriff

• Page 2, Line 11shall provide the defendant and surety or third-party payer, if any, a

• Page 2, Line 12copy of the notice described in subsection (2)(h)(I) of this section. When

• Page 2, Line 13the bond is posted, the sheriff shall provide the defendant and surety or

• Page 2, Line 14third-party payer, if any, a copy of the bond paperwork and

• Page 2, Line 15information regarding the defendant's next court date. The individual

• Page 2, Line 16processing the bond shall certify, in writing, that the payor defendant

• Page 2, Line 17and surety or third-party payer, if any, received a copy of the bond

• Page 2, Line 18paperwork, the notice described in subsection (2)(h)(I) of this section, and

• Page 2, Line 19information regarding the defendant's next court date and shall place a

• Page 2, Line 20copy of the certification in the defendant's file. Notwithstanding the

• Page 2, Line 21provisions of this section, a sheriff may allow an individual to choose to

• Page 2, Line 22stay in jail overnight after release when extenuating circumstances exist,

• Page 2, Line 23including inclement weather, lack of transportation, or lack of shelter.

• Page 2, Line 24(II)  By January 1, 2022 October 1, 2025, each jail shall establish

• Page 2, Line 25a means to pay post bond online without the need for the payor surety

• Page 2, Line 26or third-party payer to go to the jail in person to pay post bond. Each

• Page 2, Line 27sheriff shall post instructions on the sheriff's website describing

• Page 3, Line 1how to post bond online. All bonds of any amount that are

• Page 3, Line 2postable in person must be postable online. Defendants and

• Page 3, Line 3sureties or third-party payers that post bond online have the

• Page 3, Line 4same rights that are afforded to a person when posting in

• Page 3, Line 5person, specifically:

• Page 3, Line 6(A)  The sheriff shall provide the defendant and surety or

• Page 3, Line 7third-party payer, if any, a copy of the notice described in

• Page 3, Line 8subsection (2)(h)(I) of this section; and

• Page 3, Line 9(B)  The sheriff shall provide the defendant and surety or

• Page 3, Line 10third-party payer, if any, a copy of the bond paperwork and

• Page 3, Line 11information regarding the defendant's next court date.

• Page 3, Line 12(c)  The custodian of a jail shall ensure the defendant, a surety on

• Page 3, Line 13behalf of the defendant, or another third party on behalf of the defendant

• Page 3, Line 14is not charged more than a ten-dollar bond processing fee, including

• Page 3, Line 15when bond is posted online.

• Page 3, Line 16(d)  The custodian of a jail shall also ensure the defendant, a surety

• Page 3, Line 17on behalf of the defendant, or another third party on behalf of the

• Page 3, Line 18defendant is not charged any additional transaction fees, including kiosk

• Page 3, Line 19fees, including when bond is posted online; except that the standard

• Page 3, Line 20credit card processing fee that the credit card company charges may be

• Page 3, Line 21charged when a credit card is used, or, when a third-party vendor provides

• Page 3, Line 22defendants the option to pay post monetary bond with a credit card, the

• Page 3, Line 23defendant can may be required to pay up to not more than a

• Page 3, Line 24three-and-one-half percent credit card payment processing fee.

• Page 3, Line 25(e)  Unless extraordinary circumstances exist, the custodian of a

• Page 3, Line 26jail shall release a defendant who is granted a personal recognizance bond

• Page 3, Line 27as soon as practicable but no later than six hours after the defendant is

• Page 4, Line 1physically present in the jail. Unless extraordinary circumstances exist,

• Page 4, Line 2the custodian of a jail shall release a defendant who is granted a cash

• Page 4, Line 3bond as soon as practicable but no later than six hours after bond is set,

• Page 4, Line 4after the defendant is physically present in the jail, and after the

• Page 4, Line 5defendant, or surety, or third-party payer notifies the jail that the

• Page 4, Line 6defendant, or surety, or third-party payer is prepared to post bond. If

• Page 4, Line 7bond is posted online, the six-hour release timeline begins when

• Page 4, Line 8the defendant, surety, or third-party payer submits payment for

• Page 4, Line 9a bond online or electronically files a power of attorney

• Page 4, Line 10pursuant to section 10-2-418. If the custodian fails to release the

• Page 4, Line 11defendant within six hours, the custodian shall inform the defendant and

• Page 4, Line 12any person posting bond on behalf of the defendant the reason for the

• Page 4, Line 13delay and shall document the reason for the delay in the defendant's file.

• Page 4, Line 14A supervisory condition of release does not serve as a legal basis to

• Page 4, Line 15continue to detain the defendant; except that, if the defendant is ordered

• Page 4, Line 16released upon condition of being subject to electronic monitoring, the

• Page 4, Line 17defendant may be held up to as long as practicable but no longer than

• Page 4, Line 18twenty-four hours after the defendant is physically present in the jail and

• Page 4, Line 19the defendant's bond has been posted, if such delay is necessary to ensure

• Page 4, Line 20the defendant is fitted with electronic monitoring and the court has

• Page 4, Line 21authorized the defendant to be held until the electronic monitor is fitted.

• Page 4, Line 22If the court orders electronic monitoring for the protection of a specific

• Page 4, Line 23individual, and the defendant is ordered to have no contact with that

• Page 4, Line 24specific individual, and the judge orders that the defendant not be

• Page 4, Line 25released without electronic monitoring based on finding that the

• Page 4, Line 26electronic monitoring is necessary for public safety, then the time limits

• Page 4, Line 27regarding release of the defendant in this subsection (2)(e) do not apply.

• Page 5, Line 1However, if a defendant is held more than twenty-four hours after posting

• Page 5, Line 2bond awaiting electronic monitoring fitting, the sheriff shall bring the

• Page 5, Line 3defendant to the court the next day the court is in session and explain the

• Page 5, Line 4reason for the delay.

• Page 5, Line 5(f)  A defendant who whose bond has been posted, bond,

• Page 5, Line 6including when bond has been posted online, must be released

• Page 5, Line 7regardless of whether the defendant has paid any outstanding fee, cost, or

• Page 5, Line 8surcharge, including bond processing fees, booking fees, pretrial

• Page 5, Line 9supervision fees, or electronic monitoring supervision fees.

• Page 5, Line 10(h) (I) (A)  Each sheriff shall post the following notice of rights on

• Page 5, Line 11the sheriff's website and information about how to file a complaint about

• Page 5, Line 12violations of subsections (2)(b) to (2)(g) subsections (2)(b) to (2)(f) of

• Page 5, Line 13this section:

• Page 5, Line 14Legal Rights Related to Posting Money Bond

• Page 5, Line 15Pursuant to Section 16-4-102, Colorado Revised Statutes

• Page 5, Line 161.Bond fees, booking fees, and other fees or debts

• Page 5, Line 17never need to be paid to secure a person's release on

• Page 5, Line 18money bond, including when bond is posted online.

• Page 5, Line 19A payor defendant, surety, or another third-party

• Page 5, Line 20payer need only pay the bond amount in order to secure

• Page 5, Line 21release.

• Page 5, Line 222.While never a basis to hold a defendant in jail, the

• Page 5, Line 23following fees are chargeable as a debt to the defendant

• Page 5, Line 24after release if the payor surety or another third-party

• Page 5, Line 25payer chooses not to pay the fees at the time of bonding:

• Page 5, Line 26A $10 bond fee and a maximum 3.5% credit card payment

• Page 5, Line 27fee. No other bond-related fees may be charged at any time,

• Page 6, Line 1including any kiosk fees or fees for payment by cash,

• Page 6, Line 2check, or money order, including when bond is posted

• Page 6, Line 3online.

• Page 6, Line 43.Bond payments are to be made out to the holding

• Page 6, Line 5county and are never to be made out in the name of the

• Page 6, Line 6incarcerated person.

• Page 6, Line 74.A sheriff must release a defendant within six

• Page 6, Line 8hours after a personal recognizance bond is set and the

• Page 6, Line 9defendant has returned to jail or within six hours after

• Page 6, Line 10a cash bond has been set and the defendant has

• Page 6, Line 11returned to jail and the defendant, or surety, or

• Page 6, Line 12third-party payer notified the jail that bond is

• Page 6, Line 13prepared to be posted, unless extraordinary circumstances

• Page 6, Line 14exist. If bond is posted online, the six-hour release

• Page 6, Line 15timeline begins when the defendant, surety, or

• Page 6, Line 16third-party payer submits payment for a bond or

• Page 6, Line 17electronically files a power of attorney. In the

• Page 6, Line 18event of a delay of more than six hours, a surety or

• Page 6, Line 19third-party payer and the defendant have a right to

• Page 6, Line 20know what, if any, extraordinary circumstance is causing

• Page 6, Line 21the delay. Supervisory conditions of release do not justify

• Page 6, Line 22a delay in release; except that a sheriff may hold a

• Page 6, Line 23defendant for up to 24 hours if necessary to ensure a

• Page 6, Line 24defendant is fitted with required electronic monitoring.

• Page 6, Line 255.Anyone who posts a money bond, including bond

• Page 6, Line 26posted online, has the right to receive a copy of the bond

• Page 6, Line 27paperwork, including documentation of the next upcoming

• Page 7, Line 1court date.

• Page 7, Line 26.A surety or third-party payer may never be

• Page 7, Line 3asked to use posted bond money to pay a defendant's

• Page 7, Line 4debts. Only when defendants have posted their own money

• Page 7, Line 5bond may they be asked if they would like to voluntarily

• Page 7, Line 6relinquish bond money to pay their debts, including when

• Page 7, Line 7bond is posted online. Relinquishment of bond money by

• Page 7, Line 8a defendant to pay a debt is never required and is entirely

• Page 7, Line 9a voluntary choice by the defendant.

• Page 7, Line 10(i)  Each sheriff shall post a notice both in the common area of the

• Page 7, Line 11jail in a location clearly visible to the inmates and in the public portion of

• Page 7, Line 12the jail where a person posts bond, clearly visible to a person posting

• Page 7, Line 13bond, that contains the following information:

• Page 7, Line 14(I)  Bond fees, booking fees, and other fees or debts never need to

• Page 7, Line 15be paid to secure a person's release on money bond, including when

• Page 7, Line 16bond is posted online. A payor defendant, surety, or other

• Page 7, Line 17third-party payer need only pay the bond amount in order to secure

• Page 7, Line 18release.

• Page 7, Line 19(II)  The sheriff shall release a defendant within six hours after a

• Page 7, Line 20personal recognizance bond is set and the defendant has returned to jail

• Page 7, Line 21or within six hours after a cash bond has been set and the defendant has

• Page 7, Line 22returned to jail and the defendant or surety or third-party payer

• Page 7, Line 23notified the jail that bond is prepared to be posted, unless extraordinary

• Page 7, Line 24circumstances exist. If bond is posted online, the six-hour release

• Page 7, Line 25timeline begins when the defendant or surety or third-party

• Page 7, Line 26payer submits payment for a bond or electronically files a

• Page 7, Line 27power of attorney. However, a sheriff may hold a defendant for up to

• Page 8, Line 1twenty-four hours if necessary to ensure a defendant is fitted with

• Page 8, Line 2required electronic monitoring.

• Page 8, Line 3(j) (I)  Each sheriff shall create written policies to comply with this

• Page 8, Line 4subsection (2) by October 1, 2021 October 1, 2025. The sheriff shall

• Page 8, Line 5post the policies on the sheriff's website and distribute them to all staff.

• Page 8, Line 6The sheriff shall train all staff who process bonds or interact with inmates

• Page 8, Line 7on the policies.

• Page 8, Line 8(II)  Each sheriff shall review and update the sheriff's website,

• Page 8, Line 9signage, paperwork, and forms related to bonding to reflect current law

• Page 8, Line 10by October 1, 2021 October 1, 2025, and update the sheriff's website,

• Page 8, Line 11signage, paperwork, and forms related to bonding as necessary thereafter.

• Page 8, Line 12SECTION 2.  In Colorado Revised Statutes, 16-4-111, amend (1)

• Page 8, Line 13as follows:

• Page 8, Line 1416-4-111.  Disposition of security deposits upon forfeiture or

• Page 8, Line 15termination of bond. (1) (a)  If a defendant is released upon deposit of

• Page 8, Line 16cash in any amount or upon deposit of any stocks or bonds and the

• Page 8, Line 17defendant is later discharged from all liability under the terms of the

• Page 8, Line 18bond, the clerk of the court shall return the deposit to the person who

• Page 8, Line 19made the deposit, including when bond is posted online.

• Page 8, Line 20(b) (I)  If the depositor of the cash bond is the defendant and the

• Page 8, Line 21defendant owes court costs, fees, fines, restitution, or surcharges at the

• Page 8, Line 22time the defendant is discharged from all liability under the terms of the

• Page 8, Line 23bond, the court may apply the deposit toward any amount owed by the

• Page 8, Line 24defendant in court costs, fees, fines, restitution, or surcharges if the

• Page 8, Line 25defendant voluntarily agrees in writing to the use of the deposit for such

• Page 8, Line 26purpose. A defendant shall not be is not required to agree to apply the

• Page 8, Line 27deposit toward any amount owed by the defendant as a condition of

• Page 9, Line 1release, including when bond is posted online. If any amount of the

• Page 9, Line 2deposit remains after paying the defendant's outstanding court costs, fees,

• Page 9, Line 3fines, restitution, or surcharges, the court shall return the remainder of the

• Page 9, Line 4deposit to the defendant.

• Page 9, Line 5(II)  If the depositor of the cash bond is not the defendant but the

• Page 9, Line 6defendant owes court costs, fees, fines, restitution, or surcharges at the

• Page 9, Line 7time the defendant is discharged from all liability under the terms of the

• Page 9, Line 8bond, the court shall not apply the deposit toward the amount owed by the

• Page 9, Line 9defendant in court costs, fees, fines, restitution, or surcharges. The court

• Page 9, Line 10shall return the deposit to the depositor, including when a bond is

• Page 9, Line 11posted online.

• Page 9, Line 12(III)  A depositor of a cash bond who is not the defendant may

• Page 9, Line 13deposit bond funds directly with the jail. The depositor shall not be is not

• Page 9, Line 14required to pay any additional fees, costs, or surcharges other than the

• Page 9, Line 15bond amount and bond processing fee. The depositor shall not be is not

• Page 9, Line 16required to apply bond funds to the defendant's inmate account for

• Page 9, Line 17payment of the bond and shall not be is not required to deposit money in

• Page 9, Line 18the defendant's name, including when a bond is posted online.

• Page 9, Line 19SECTION 3.  Act subject to petition - effective date. This act

• Page 9, Line 20takes effect at 12:01 a.m. on the day following the expiration of the

• Page 9, Line 21ninety-day period after final adjournment of the general assembly; except

• Page 9, Line 22that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 9, Line 23of the state constitution against this act or an item, section, or part of this

• Page 9, Line 24act within such period, then the act, item, section, or part will not take

• Page 9, Line 25effect unless approved by the people at the general election to be held in

• Page 9, Line 26November 2026 and, in such case, will take effect on the date of the

• Page 9, Line 27official declaration of the vote thereon by the governor.