Title 16, Criminal Proceedings
0 chapters · 433 sections in this title.
Colo. Rev. Stat. § 16-4-101 Bailable offenses - definitions
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(1) All persons shall be bailable by sufficient sureties except: (a) For capital offenses when proof is evident or presumption is great; or (b) When, after a hearing held within ninety-six hours of arrest and upon reasonable notice, the court finds that the proof is evident or th…
Colo. Rev. Stat. § 16-4-102 Right to bail - before conviction - definitions
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(1) Any person who is in custody, and for whom the court has not set bond and conditions of release pursuant to the applicable rule of criminal procedure, and who is not subject to the provisions of section 16-4-101 (5), has the right to a hearing to determine bond and conditions…
Colo. Rev. Stat. § 16-4-103 Setting and selection type of bond - criteria
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(1) (a) At the first appearance of a person in custody before any court or any person designated by the court to set bond, the court or person shall determine the type of bond and conditions of release unless the person is subject to section 16-4-101. (b) At a hearing other than …
Colo. Rev. Stat. § 16-4-104 Types of bond set by the court
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(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 …
Colo. Rev. Stat. § 16-4-105 Conditions of release on bond
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(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 wh…
Colo. Rev. Stat. § 16-4-105.5 Notification of court reminder program. (Repealed)
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Source: L. 2019: Entire section added, (SB 19-036), ch. 293, p. 2687, � 3, effective August 2. L. 2022: Entire section repealed, (SB 22-018), ch. 191, p. 1273, � 3, effective July 15.
Colo. Rev. Stat. § 16-4-106 Pretrial services programs
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(1) The chief judge of any judicial district may order a person who is eligible for bond or other pretrial release to be evaluated by a pretrial services program established pursuant to this section, which program may advise the court if the person is bond eligible, may provide i…
Colo. Rev. Stat. § 16-4-107 Hearing after setting of monetary conditions of bond
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(1) If a person is in custody and the court imposed a monetary condition of bond for release, and the person, after seven days from the setting of the monetary condition of bond, is unable to meet the monetary obligations of the bond, the person may file a written motion for reco…
Colo. Rev. Stat. § 16-4-107.5 Hearing after excluding time for speedy trial for public health emergency - repeal. (Repealed)
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C.R.S. 16-4-107.5Statutes current through Chapter 65 of the 2026 Regular Session, effective as of April 20, 2026. The text of this section is not final. It will not be final until compared to, and updated from, the text provided by the Colorado Office of Legislative Legal Service…
Colo. Rev. Stat. § 16-4-108 When original bond continued
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Once a bond has been executed and the person released from custody thereon, whether a charge is then pending or is thereafter filed or transferred to a court of competent jurisdiction, the original bond shall continue in effect until final disposition of the case in the trial cou…
Colo. Rev. Stat. § 16-4-109 Reduction or increase of monetary conditions of bond - change in type of bond or conditions of bond - definitions
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(1) Upon application by the district attorney or the defendant, the court before which the proceeding is pending may increase or decrease the financial conditions of bond, may require additional security for a bond, may dispense with security theretofore provided, or may alter an…
Colo. Rev. Stat. § 16-4-110 Exoneration from bond liability
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(1) Any person executing a bail bond as principal or as surety shall be exonerated as follows: (a) When the condition of the bond has been satisfied; or (b) When the amount of the forfeiture has been paid; or (c) (I) When the surety appears and provides satisfactory evidence to t…
Colo. Rev. Stat. § 16-4-111 Disposition of security deposits upon forfeiture or termination of bond
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(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, i…
Colo. Rev. Stat. § 16-4-112 Enforcement when forfeiture not set aside
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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 …
Colo. Rev. Stat. § 16-4-113 Type of bond in certain misdemeanor cases
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(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 any offense for a violation of which the maximum penalty does not exceed six months' imprisonment, and the accused person shall n…
Colo. Rev. Stat. § 16-4-114 Enforcement procedures for compensated sureties - definitions
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(1) (a) The general assembly hereby finds, determines, and declares that the simplicity, effectiveness, and uniformity of bail forfeiture procedures applicable to compensated sureties who are subject to the regulatory authority of the Colorado division of insurance are matters of…
Colo. Rev. Stat. § 16-4-115 Severability
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If any provision of this part 1 or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this part 1 that can be given effect without the invalid provision or application, and to this end the pro…
Colo. Rev. Stat. § 16-4-116 Bond hearing officer
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(1) (a) There is created in the state court administrator's office the position of bond hearing officer. A bond hearing officer is a magistrate appointed by the chief justice of the Colorado supreme court or his or her designee and must be a qualified attorney-at-law admitted to …
Colo. Rev. Stat. § 16-4-117 District attorney assistance for bond hearings grant program - created - rules
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(1) All costs and expenses related to a district attorneys’ office’s ability to comply with the bond hearing requirements of section 16-4-102 (2)(a) are reasonable and necessary expenses required to fully discharge the official duties of the office. (2) There is hereby created in…
Colo. Rev. Stat. § 16-4-201 Bail after conviction
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(1) (a) After conviction, either before or after sentencing, the defendant may orally, or in writing, move for release on bail pending determination of a motion for a new trial or motion in arrest of judgment or during any stay of execution or pending review by an appellate court…
Colo. Rev. Stat. § 16-4-201.5 Right to bail after a conviction - exceptions
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(1) The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by this part 2; except that no bail is allowed for persons convicted of: (a) Murder; (b) Any felony sexual assault involving the use of a deadly weapon; (c) Any felony sexual …
Colo. Rev. Stat. § 16-4-202 Appeal bond hearing - factors to be considered
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(1) The court shall consider the following factors in deciding whether or not an appeal bond should be granted and determining the type of bond and conditions of release required: (a) The nature and circumstances of the offense before the court and the sentence imposed for that o…
Colo. Rev. Stat. § 16-4-203 Appeal bond hearing - order
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(1) After considering the factors set forth in section 16-4-202, the court may enter one of the following orders: (a) Deny the defendant appeal bond; or (b) Repealed. (c) Grant the defendant appeal bond. (2) If the court determines that an appeal bond should be granted, the court…
Colo. Rev. Stat. § 16-4-204 Appellate review of terms and conditions of bail or appeal bond
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(1) After entry of an order pursuant to section 16-4-109 or 16-4-201, the defendant or the state may seek review of said order by filing a petition for review in the appellate court. If an order has been entered pursuant to section 16-4-104, 16-4-109, or 16-4-201, the petition sh…
Colo. Rev. Stat. § 16-4-205 When appellate court may fix appeal bond
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If a trial court fails or refuses to grant or deny an appeal bond within forty-eight hours following application for such bond, the defendant may move the appellate court for such an order, and that court shall promptly hear and rule upon the motion. Source: L. 72: R&RE, p. 211, …
Colo. Rev. Stat. § 16-4-206 Notification of court reminder program. (Repealed)
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Source: L. 2019: Entire section added, (SB 19-036), ch. 293, p. 2687, � 4, effective August 2. L. 2022: Entire section repealed, (SB 22-018), ch. 191, p. 1273, � 4, effective July 15.
Colo. Rev. Stat. § 16-4-301 Short title
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This part 3 shall be known and may be cited as the Uniform Rendition of Accused Persons Act, and shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Source: L. 72: R&RE, p. 213, � 1. C.R.S. 1963: � 39-4-304.
Colo. Rev. Stat. § 16-4-302 Arrest of person illegally in state
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(1) If a person who has been charged with crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his release, and is present in this state, a designated agent…
Colo. Rev. Stat. § 16-4-303 Hearing and right to counsel
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(1) The person whose return is sought shall be brought before the judge of this state immediately upon arrest pursuant to the warrant; whereupon the judge shall set a time and place for hearing and shall advise the person of his right to have the assistance of counsel, to confron…
Colo. Rev. Stat. § 16-4-304 Order of return to demanding court
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The district attorney shall appear at the hearing and report to the judge the results of his investigation. If the judge finds that the affiant is a designated agent of the demanding court, judge, or magistrate, and that the person whose return is sought was released from custody…