(1) [ Editor's note: This version of the introductory portion to subsection (1) is effective March 1, 2022. ] In exercising the discretion mentioned in section 16-4-104, the judge shall release the accused person upon personal recognizance if the charge is 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:
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. L. 2021: IP(1) amended, (SB 21-271), ch. 462, p. 3162, § 169, effective March 1, 2022.
Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
Structure Colorado Code
Title 16 - Criminal Proceedings
Article 4 - Release From Custody Pending Final Adjudication
§ 16-4-101. Bailable Offenses - Definitions
§ 16-4-102. Right to Bail - Before Conviction
§ 16-4-103. Setting and Selection Type of Bond - Criteria
§ 16-4-104. Types of Bond Set by the Court
§ 16-4-105. Conditions of Release on Bond
§ 16-4-105.5. Notification of Court Reminder Program
§ 16-4-106. Pretrial Services Programs
§ 16-4-107. Hearing After Setting of Monetary Conditions of Bond
§ 16-4-107.5. Hearing After Excluding Time for Speedy Trial for Public Health Emergency - Repeal
§ 16-4-108. When Original Bond Continued
§ 16-4-110. Exoneration From Bond Liability
§ 16-4-111. Disposition of Security Deposits Upon Forfeiture or Termination of Bond
§ 16-4-112. Enforcement When Forfeiture Not Set Aside
§ 16-4-113. Type of Bond in Certain Misdemeanor Cases
§ 16-4-114. Enforcement Procedures for Compensated Sureties - Definitions