(1) The court shall determine, after consideration of all relevant criteria, which of the following types of bond is appropriate for the pretrial release of a person in custody, subject to the relevant statutory conditions of release listed in section 16-4-105. The person may be released upon execution of:
An unsecured personal recognizance bond in an amount specified by the court. Thecourt may require additional obligors on the bond as a condition of the bond.
An unsecured personal recognizance bond with additional nonmonetary conditions ofrelease designed specifically to reasonably ensure the appearance of the person in court and the safety of any person or persons or the community;
A bond with secured monetary conditions when reasonable and necessary to ensurethe appearance of the person in court or the safety of any person or persons or the community. The financial conditions shall state an amount of money that the person must post with the court in order for the person to be released. The person may be released from custody upon execution of bond in the full amount of money to be secured by any one of the following methods, as selected by the person to be released, unless the court makes factual findings on the record with respect to the person to be released that a certain method of bond, as selected by the court, is necessary to ensure the appearance of the person in court or the safety of any person, persons, or the community:
By a deposit with the clerk of the court of an amount of cash equal to the monetarycondition of the bond;
By real estate situated in this state with unencumbered equity not exempt from execution owned by the accused or any other person acting as surety on the bond, which unencumbered equity shall be at least one and one-half the amount of the security set in the bond;
By sureties worth at least one and one-half of the security set in the bond; or(IV) By a bail bonding agent, as defined in section 16-1-104 (3.5).
(d) A bond with secured real estate conditions when it is determined that release on an unsecured personal recognizance bond without monetary conditions will not reasonably ensure the appearance of the person in court or the safety of any person or persons or the community. For a bond secured by real estate, the bond shall not be accepted by the clerk of the court unless the record owner of such property presents to the clerk of the court the original deed of trust as set forth in subparagraph (IV) of this paragraph (d) and the applicable recording fee. Upon receipt of the deed of trust and fee, the clerk of the court shall record the deed of trust with the clerk and recorder for the county in which the property is located. For a bond secured by real estate, the amount of the owner's unencumbered equity shall be determined by deducting the amount of all encumbrances listed in the owner and encumbrances certificate from the actual value of such real estate as shown on the current notice of valuation. The owner of the real estate shall file with the bond the following, which shall constitute a material part of the bond:
The current notice of valuation for such real estate prepared by the county assessorpursuant to section 39-5-121, C.R.S.; and
Evidence of title issued by a title insurance company or agent licensed pursuant toarticle 11 of title 10, C.R.S., within thirty-five days after the date upon which the bond is filed; and
A sworn statement by the owner of the real estate that the real estate is security forthe compliance by the accused with the primary condition of the bond; and
A deed of trust to the public trustee of the county in which the real estate is locatedthat is executed and acknowledged by all record owners of the real estate. The deed of trust shall name the clerk of the court approving the bond as beneficiary. The deed of trust shall secure an amount equal to one and one-half times the amount of the bond.
(2) Unless the district attorney consents or unless the court imposes certain additional individualized conditions of release as described in section 16-4-105, a person must not be released on an unsecured personal recognizance bond pursuant to paragraph (a) of subsection (1) of this section under the following circumstances:
The person is presently free on another bond of any kind in another criminal actioninvolving a felony or a class 1 misdemeanor;
The person has a record of conviction of a class 1 misdemeanor within two years or afelony within five years, prior to the bail hearing; or
The person has willfully failed to appear on bond in any case involving a felony or aclass 1 misdemeanor charge in the preceding five years.
A person may not be released on an unsecured personal recognizance bond if, at thetime of such application, the person is presently on release under a surety bond for felony or class 1 misdemeanor charges unless the surety thereon is notified and afforded an opportunity to surrender the person into custody on such terms as the court deems just under the provisions of section 16-4-108.
Because of the danger posed to any person and the community, a person who isarrested for an offense under section 42-4-1301 (1) or (2)(a), C.R.S., may not attend a bail hearing until the person is no longer intoxicated or under the influence of drugs. The person shall be held in custody until the person may safely attend such hearing.
Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 824, § 2, effective May 11. L. 2014: IP(1)(c) amended, (SB 14-212), ch. 397, p. 1998, § 2, effective July 1.