A Bill for an Act
Page 1, Line 101Concerning increasing pretrial release requirements for
Page 1, Line 102certain criminal defendants accused of committing a
Page 1, Line 103violent offense.
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.)
The bill prohibits a court, without the consent of the district attorney, from releasing a person on any unsecured personal recognizance bond if the person is accused of committing a crime of violence, the court finds probable cause to believe that the person has committed the offense, and either:
- The person has a record of conviction for a crime of violence within the prior 2 years; or
- There are at least 2 pending criminal charges against the person that allege that the person committed a crime of violence and the court finds probable cause to believe that the person has committed the prior alleged offenses (repeat violent offender).
Existing law requires any monetary condition of pretrial release to be reasonable. The bill states that a reasonable monetary condition of pretrial release for a repeat violent offender is at least $7,500.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 16-4-104, add (2.5)
Page 2, Line 3as follows:
Page 2, Line 416-4-104. Types of bond set by the court. (2.5) Unless the
Page 2, Line 5district attorney consents, a person must not be released on an
Page 2, Line 6unsecured personal recognizance bond pursuant to subsection
Page 2, Line 7(1)(a) or (1)(b) of this section if the person is accused of
Page 2, Line 8committing a crime of violence, as defined in section 18-1.3-406;
Page 2, Line 9the court finds that the affidavit for arrest establishes
Page 2, Line 10probable cause to believe that the person has committed the
Page 2, Line 11offense; and either:
Page 2, Line 12(a) The person has a record of conviction for a crime of
Page 2, Line 13violence, as defined in section 18-1.3-406, within two years prior
Page 2, Line 14to the alleged offense; or
Page 2, Line 15(b) At the time of the alleged offense, there are two or
Page 2, Line 16more criminal charges pending against the person for an alleged
Page 2, Line 17commission of a crime of violence, as defined in section 18-1.3-406,
Page 2, Line 18and the court finds that the affidavit for arrest for each
Page 2, Line 19alleged prior crime of violence establishes probable cause to
Page 2, Line 20believe that the person has committed the offense.
Page 3, Line 1SECTION 2. In Colorado Revised Statutes, 16-4-103, amend
Page 3, Line 2(4)(a) as follows:
Page 3, Line 316-4-103. Setting and selection type of bond - criteria.
Page 3, Line 4(4) When the type of bond and conditions of release are determined by
Page 3, Line 5the court, the court shall:
Page 3, Line 6(a) Presume that all persons in custody are eligible for release on
Page 3, Line 7bond with the appropriate and least-restrictive conditions consistent with
Page 3, Line 8provisions in
paragraph (a) of subsection (3)Page 3, Line 9section unless a person is otherwise ineligible for release pursuant to the
Page 3, Line 10provisions of section 16-4-101 and section 19 of article II of the Colorado
Page 3, Line 11constitution. A monetary condition of release must be reasonable, and any
Page 3, Line 12other condition of conduct not mandated by statute must be tailored to
Page 3, Line 13address a specific concern. A reasonable monetary condition of
Page 3, Line 14release is at least seven thousand five hundred dollars for a
Page 3, Line 15person accused of a crime of violence, as defined in section
Page 3, Line 1618-1.3-406, if the court finds that the affidavit for arrest
Page 3, Line 17establishes probable cause to believe that the person has
Page 3, Line 18committed the crime of violence, and either:
Page 3, Line 19(I) The person has a record of conviction for a crime of
Page 3, Line 20violence, as defined in section 18-1.3-406, within two years prior
Page 3, Line 21to the alleged offense; or
Page 3, Line 22(II) At the time of the alleged offense, there are two or
Page 3, Line 23more criminal charges pending against the person for an alleged
Page 3, Line 24commission of a crime of violence, as defined in section 18-1.3-406,
Page 3, Line 25and the court finds that the affidavit for arrest for each
Page 3, Line 26alleged prior crime of violence establishes probable cause to
Page 3, Line 27believe that the person has committed the offense.
Page 4, Line 1SECTION 3. Act subject to petition - effective date -
Page 4, Line 2applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 4, Line 3the expiration of the ninety-day period after final adjournment of the
Page 4, Line 4general assembly; except that, if a referendum petition is filed pursuant
Page 4, Line 5to section 1 (3) of article V of the state constitution against this act or an
Page 4, Line 6item, section, or part of this act within such period, then the act, item,
Page 4, Line 7section, or part will not take effect unless approved by the people at the
Page 4, Line 8general election to be held in November 2026 and, in such case, will take
Page 4, Line 9effect on the date of the official declaration of the vote thereon by the
Page 4, Line 10governor.
Page 4, Line 11(2) This act applies to offenses committed on or after the
Page 4, Line 12applicable effective date of this act.