2021 Colorado Code
Title 16 - Criminal Proceedings
Article 4 - Release From Custody Pending Final Adjudication
Part 1 - Release on Bail
§ 16-4-105. Conditions of Release on Bond

Universal Citation: CO Code § 16-4-105 (2021)
  1. For each bond, the court shall require that the released person appear to answer the charge against the person at a place and upon a date certain and at any place or upon any date to which the proceeding is transferred or continued. This condition is the only condition for which a breach of surety or security on the bail bond may be subject to forfeiture.
  2. For a person who has been arrested for a felony offense, the court shall require as a condition of a bond that the person execute a waiver of extradition stating the person consents to extradition to this state and waives all formal procedures incidental to extradition proceedings in the event that he or she is arrested in another state while at liberty on such bail bond and acknowledging that he or she shall not be admitted to bail in any other state pending extradition to this state.
  3. Additional conditions of every bond is that the released person shall not commit any felony while free on such a bail bond, and the court in which the action is pending has the power to revoke the release of the person, to change any bond condition, including the amount of any monetary condition if it is shown that a competent court has found probable cause to believe that the defendant has committed a felony while released, pending the resolution of a prior felony charge.
  4. An additional condition of every bond in cases involving domestic violence as defined in section 18-6-800.3 (1), C.R.S., in cases of stalking under section 18-3-602, C.R.S., or in cases involving unlawful sexual behavior as defined in section 16-22-102 (9), is that the released person acknowledge the protection order as provided in section 18-1-1001 (5), C.R.S. (4.1) Notwithstanding any other type of bond and conditions of release set by the court, in cases involving domestic violence, as defined in section 18-6-800.3 (1) , or in cases where the court subjects a defendant to a mandatory protection order that qualifies as an order described in 18 U.S.C. sec. 922 (g)(8), the court shall order the defendant to comply with the provisions of section 18-1-1001 as it relates to firearm relinquishment.
  5. An additional condition of every bond in a case of an offense under section 42-2-138 (1)(d)(I), C.R.S., of driving while such person's driver's license or privilege to drive, either as a resident or nonresident, is restrained solely or partially because of a conviction of a driving offense pursuant to section 42-4-1301 (1) or (2)(a), C.R.S., is that such person not drive any motor vehicle during the period of such driving restraint.
    1. If a person is arrested for driving under the influence or driving while ability impaired, pursuant to section 42-4-1301, C.R.S., and the person has one or more previous convictions for an offense in section 42-4-1301, C.R.S., or one or more convictions in any other jurisdiction that would constitute a violation of section 42-4-1301, C.R.S., as a condition of any bond, the court shall order that the person abstain from the use of alcohol or illegal drugs, and such abstinence shall be monitored.
    2. A person seeking relief from any of the conditions imposed pursuant to subsection (6)(a) of this section shall file a motion with the court, and the court shall conduct a hearing upon the motion. The court shall consider whether the condition from which the person is seeking relief is in the interest of justice and whether public safety would be endangered if the condition were not enforced. When determining whether to grant relief pursuant to this subsection (6)(b), the court shall consider whether the person has voluntarily enrolled and is participating in an appropriate substance use disorder treatment program.
    3. Notwithstanding subsection (6)(a) or any other provision of this section, if a person possesses a valid registry identification card, as defined in section 25-1.5-106 (2)(e), that establishes that he or she is a patient who uses medical marijuana, the court shall not require as a condition of any bond that the person abstain from the use of medical marijuana.
  6. A person may be released on a bond with monetary condition of bond, when appropriate, as described in section 16-4-104 (1)(c).
  7. In addition to the conditions specified in this section, the court may impose any additional conditions on the conduct of the person released that will assist in obtaining the appearance of the person in court and the safety of any person or persons and the community. These conditions may include, but are not limited to, supervision by a qualified person or organization or supervision by a pretrial services program established pursuant to section 16-4-106. While under the supervision of a qualified organization or pretrial services program, the conditions of release imposed by the court may include, but are not limited to:
    1. Periodic telephone contact with the program;
    2. Periodic office visits by the person to the pretrial services program or organization;
    3. Periodic visits to the person's home by the program or organization;
    4. Treatment of the person's behavioral, mental health, or substance use disorder, if applicable, including residential treatment if the defendant consents to the treatment;
    5. Periodic alcohol or drug testing of the person;
    6. Domestic violence counseling for the defendant if the defendant consents to the counseling;
    7. Electronic or global position monitoring of the person;
    8. Pretrial work release for the person; and
    9. Other supervision techniques shown by research to increase court appearance and public safety rates for persons released on bond.

History. Source: L. 2013: Entire part R&RE,(HB 13-1236), ch. 202, p. 826, § 2, effective May 11. L. 2014: (4) amended,(SB 14-212), ch. 397, p. 1999, § 3, effective July 1. L. 2015: (4) amended,(HB 15-1060), ch. 45, p. 112, § 1, effective March 20. L. 2017: (6)(b) and (8)(d) amended,(SB 17-242), ch. 263, p. 1296, § 118, effective May 25; (6)(c) added,(SB 17-178), ch. 115, p. 413, § 1, August 9. L. 2021: (4.1) added,(HB 21-1255), ch. 293, p. 1753, § 5, effective June 22.

Cross references:

For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.


Annotator's note. Since § 16-4-105 is similar to § 16-4-105 as it existed prior to the 2013 repeal and reenactment of this part 1, a relevant case decided under a former provision similar to that section has been included in the annotations to this section.

The primary function of bail is to assure the presence of the accused. People v. Sanders, 185 Colo. 153 , 522 P.2d 735 (1974).

And this end should be met by means which impose the least possible hardship upon the accused. People v. Sanders, 185 Colo. 153 , 522 P.2d 735 (1974).

Subsection (3) merely empowers a court to have a defendant brought before it to modify the conditions of pretrial release; therefore, the court erred in revoking the existing bond and denying defendant the right to pretrial release. A court may only revoke a defendant's bond pursuant to subsection (3) temporarily in order to change any bond conditions. People v. Jones, 2015 CO 20, 346 P.3d 44.

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