2016 Colorado Revised Statutes
Title 16 - Criminal Proceedings
Code of Criminal Procedure
Article 3 - Arrest - Searches and Seizures
Part 5 - Warrants and Bonds for Persons Illegally in the Country
§ 16-3-503. Bonds recovered for persons illegally in the country

(1) (a) When a law enforcement agency holding a defendant charged with a felony or a class 1 or class 2 misdemeanor determines that, based on investigation, including consideration of the defendant's inability to produce one of the identifying documents listed in subsection (3) of this section, there is probable cause to find that the defendant is likely illegally present in the United States, the law enforcement agency shall notify the defendant's bail bonding agent in writing before the bond is posted. Prior to posting a bond for a defendant charged with a felony or a class 1 or class 2 misdemeanor, a defendant or person other than a professional bonding agent shall execute a waiver that states the person understands that the bond or fees shall be forfeited if the defendant is removed from the country.

(b) Except as provided in paragraph (a) of this subsection (1), a defendant or person other than a professional bonding agent who posts bond on a felony or a class 1 or class 2 misdemeanor, either pre-trial or post-conviction, for a defendant who is determined to be illegally present in the country shall not be entitled to recover the posted bond or fees if the defendant is removed from the country, and the bond or fees shall be forfeited.

(c) If it is determined that a defendant is illegally present in the country after an appearance bond is posted on a felony or a class 1 or class 2 misdemeanor, the jail or court shall return all documents concerning the defendant that are signed by the bail bonding agent to the agent, and the agent shall return any premium, commission, or fee, not including premium financing fees, bond filing fees charged by a court or law enforcement agency, and the actual cost of storing collateral in a secure, self-service public storage facility, to the court for forfeiture under subsection (2) of this section.

(2) Fifty percent of the amount of bonds and fees forfeited pursuant to subsection (1) of this section shall be credited to the capital construction fund created in section 24-75-302, C.R.S., for appropriation to the corrections expansion reserve fund created in section 17-1-116, C.R.S., for the purpose of prison bed construction and prison operations. Fifty percent of the amount of bonds and fees forfeited pursuant to subsection (1) of this section shall be credited to the county jail assistance fund created in section 17-26-137, C.R.S.

(3) For purposes of this section, an identifying document includes the following:

(a) A certified birth certificate issued within the United States or a state or federal government-issued identification card with a photograph;

(b) A valid military identification card issued by the United States government;

(c) A valid military dependent's identification card issued by the United States government;

(d) A valid Native American tribal identification document with a photograph;

(e) A certificate of United States citizenship, form N-560 or N-561;

(f) A certificate of naturalization, form N-550 or N-570;

(g) A passport issued by the United States government;

(h) A valid foreign passport showing lawful presence in the United States;

(i) A permanent resident card or alien registration receipt card with photograph, form I-551;

(j) An unexpired temporary resident card, form I-688;

(k) An unexpired employment authorization card, form I-688A;

(l) An unexpired reentry permit, form I-327;

(m) An unexpired refugee travel document, form I-571; or

(n) An unexpired employment authorization document, form I-688B.