2020 Colorado Revised Statutes
Title 16 - Criminal Proceedings
Article 4. Release from Custody Pending Final Adjudication
Section 16-4-111. Disposition of security deposits upon forfeiture or termination of bond.

1. (a) If a defendant is released upon deposit of cash in any amount or upon deposit of any stocks or bonds and the defendant is later discharged from all liability under the terms of the bond, the clerk of the court shall return the deposit to the person who made the deposit.

   2. (I) If the depositor of the cash bond is the defendant and the defendant owes courtcosts, fees, fines, restitution, or surcharges at the time the defendant is discharged from all liability under the terms of the bond, the court may apply the deposit toward any amount owed by the defendant in court costs, fees, fines, restitution, or surcharges if the defendant voluntarily agrees in writing to the use of the deposit for such purpose. A defendant shall not be required to agree to apply the deposit toward any amount owed by the defendant as a condition of release. If any amount of the deposit remains after paying the defendant's outstanding court costs, fees, fines, restitution, or surcharges, the court shall return the remainder of the deposit to the defendant.

   2. If the depositor of the cash bond is not the defendant, but the defendant owes courtcosts, fees, fines, restitution, or surcharges at the time the defendant is discharged from all liability under the terms of the bond, the court shall not apply the deposit toward the amount owed by the defendant in court costs, fees, fines, restitution, or surcharges. The court shall return the deposit to the depositor.

   3. A depositor of a cash bond who is not the defendant may deposit bond funds directly with the jail. The depositor shall not be required to pay any additional fees, costs, or surcharges other than the bond amount and bond processing fee. The depositor shall not be required to apply bond funds to the defendant's inmate account for payment of the bond and shall not be required to deposit money in the defendant's name.

2. (a) Upon satisfaction of the terms of the bond, the clerk of the court shall execute, within fourteen days after such satisfaction, a release of any deed of trust given to secure the bond and an affidavit that states that the obligation for which the deed of trust had been recorded has been satisfied, either fully or partially, and that the release of such deed of trust may be recorded at the expense of the record owner of the property described in such deed of trust.

   2. If there is a forfeiture of the bond pursuant to this section, and if the forfeiture is notset aside pursuant to subsection (4) of this section, the deed of trust may be foreclosed as provided by law.

   3. If there is a forfeiture of the bond pursuant to this section, but the forfeiture is setaside pursuant to subsection (3) of this section, the clerk of the court shall execute a release of any deed of trust given to secure the bond and an affidavit that states that the obligation for which the deed of trust had been recorded has been satisfied, either fully or partially, and that the release of such deed of trust may be recorded at the expense of the record owner of the real estate described in such deed of trust.

3. When the defendant has been released upon deposit of cash or property, upon anunsecured personal recognizance bond with a monetary condition pursuant to section 16-4-104 (1)(a) or (1)(b), or upon a surety bond secured by property, if the defendant fails to appear in accordance with the primary condition of the bond, the court shall declare a forfeiture. Notice of the order of forfeiture shall be mailed by the court to the defendant, all sureties, and all depositors or assignees of any deposits of cash or property if such sureties, depositors, or assignees have direct contact with the court, at their last-known addresses. Such notice shall be sent within fourteen days after the entry of the order of forfeiture. If the defendant does not appear and surrender to the court having jurisdiction within thirty-five days from the date of the forfeiture or within that period satisfy the court that appearance and surrender by the defendant is impossible and without fault by such defendant, the court may enter judgment for the state against the defendant for the amount of the bond and costs of the court proceedings. Any cash deposits made with the clerk of the court shall be applied to the payment of costs. If any amount of such cash deposit remains after the payment of costs, it shall be applied to payment of the judgment.

4. The court may order that a forfeiture be set aside, upon such conditions as the courtmay impose, if it appears that justice so requires.

5. If, within one year after judgment, the person who executed the forfeited bond asprincipal or as surety effects the apprehension or surrender of the defendant to the sheriff of the county from which the bond was taken or to the court which granted the bond, the court may vacate the judgment and order a remission less necessary and actual costs of the court.

6. The provisions of this section shall not apply to appearance bonds written by compensated sureties, as defined in section 16-4-114 (2)(c), which bonds shall be subject to the provisions of section 16-4-114.

7. On and after July 1, 2008, all moneys collected from payment toward a judgmententered for the state pursuant to paragraph (b) of subsection (1) of this section shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 832, § 2, effective May 11. L. 2014: (3) amended, (SB 14-212), ch. 397, p. 2000, § 7, effective July 1. L. 2019: (1)(b) amended, (SB 19-191), ch. 288, p. 2668, § 2, effective August 2.

112. Enforcement when forfeiture not set aside. By entering into a bond, each obligor, whether he or she is the principal or a surety, submits to the jurisdiction of the court. His or her liability under the bond may be enforced, without the necessity of an independent action, as follows: The court shall order the issuance of a citation directed to the obligor to show cause, if any there be, why judgment should not be entered against him or her forthwith and execution issue thereon. Said citation may be served personally or by certified mail upon the obligor directed to the address given in the bond. Hearing on the citation shall be held not less than twenty-one days after service. The defendant's attorney and the prosecuting attorney shall be given notice of the hearing. At the conclusion of the hearing, the court may enter a judgment for the state and against the obligor, and execution shall issue thereon as on other judgments. The district attorney shall have execution issued forthwith upon the judgment and deliver it to the sheriff to be executed by levy upon the stocks, bond, or real estate which has been accepted as security for the bond.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 834, § 2, effective May 11.

113. Type of bond in certain misdemeanor cases. (1) In exercising the discretion mentioned in section 16-4-104, the judge shall release the accused person upon personal recognizance if the charge is a class 3 misdemeanor or any unclassified offense for a violation of which the maximum penalty does not exceed six months' imprisonment, and he or she shall not be required to supply a surety bond, or give security of any kind for his or her appearance for trial other than his or her personal recognizance, unless one or more of the following facts are found to be present:

1. The arrested person fails to sufficiently identify himself or herself; or

2. The arrested person refuses to sign a personal recognizance; or

3. The continued detention or posting of a surety bond is necessary to prevent imminentbodily harm to the accused or to another; or

4. The arrested person has no ties to the jurisdiction of the court reasonably sufficient toassure his or her appearance, and there is substantial likelihood that he or she will fail to appear for trial if released upon his or her personal recognizance; or

5. The arrested person has previously failed to appear for trial for an offense concerningwhich he or she had given his written promise to appear; or

6. There is outstanding a warrant for his or her arrest on any other charge or there arepending proceedings against him or her for suspension or revocation of parole or probation.

(2) (a) For a defendant charged with a traffic offense, a petty offense, or a comparable municipal offense, a court shall not impose a monetary condition of release. If the comparable municipal offense is a property crime and the factual basis reflects a value of less than fifty dollars and the offense would be a petty offense under state law, this subsection (2)(a) applies.

2. For a defendant charged with a municipal offense for which there is no comparablestate misdemeanor offense, the court shall not impose a monetary condition of release.

3. After arrest, but prior to an individual consideration of bond by a judge, bondingcommissioner, judicial officer, or judicial designee with the power to set conditions of release, this subsection (2) does not prohibit the release of a defendant pursuant to local pretrial release policies, including those that require payment of a monetary condition of release, if the defendant is first informed that the defendant is entitled to release on a personal recognizance bond.

4. Nothing in this subsection (2) prohibits the issuance of a warrant with monetaryconditions of bond for a defendant who fails to appear in court as required or who violates a condition of release. If a defendant is unable to post the monetary condition of bond prior to the next individualized consideration of bond, the judge, bonding commissioner, judicial officer, or judicial designee with the power to set conditions of release shall release the person on personal recognizance.

5. The provisions of this subsection (2) do not apply to:

1. A traffic offense involving death or bodily injury or a municipal offense with substantially similar elements;

2. Eluding or attempting to elude a police officer as described in section 42-4-1413 or amunicipal offense with substantially similar elements;

3. Operating a vehicle after circumventing an interlock device as described in section42-2-132.5 (10) or a municipal offense with substantially similar elements; and

4. A municipal offense that has substantially similar elements to a state misdemeanoroffense.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 834, § 2, effective May 11. L. 2019: IP(1) amended and (2) added, (HB 19-1225), ch. 132, p. 590, § 1, effective April 25.