Colorado bail laws

Applicable Statutes.

COLORADO REVISED STATUTES ANNOTATED TITLE 12. PROFESSIONSAND OCCUPATIONS GENERAL ARTICLE 7. BAIL BONDING AGENT.

COLORADO REVISED STATUTES ANNOTATED TITLE 13. COURTS ANDCOURT PROCEDURE RELATED COURT RULES CHAPTER 30. COLORADO MUNICIPAL COURT RULES OF PROCEDURE RULE 246. BAIL.

COLORADO REVISED STATUTES ANNOTATED TITLE 16. CRIMINAL PROCEEDINGS CODE OF CRIMINAL PROCEDURE ARTICLE 4. RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION PART 1. RELEASE ON BAIL.

·        Throughout the Colorado statutes, the reference to the "Division" means the division of insurance, which is the regulatory body for the bail bond business.

Licensing Requirements for Agents.

COLORADO REVISED STATUTES ANNOTATED TITLE 10. INSURANCE LICENSES ARTICLE 2. LICENSES PART 3. CONTINUING EDUCATION § 10-2-301. Continuing education requirement--advisory committee

·        The commissioner shall promulgate regulations requiring that bail bonding agents licensed under article 7 of title 12, C.R.S., be required to provide to a continuing education administrator proof of compliance with the continuing education requirements as a condition of license renewal.

·        Each producer and bail bonding agent licensed under article 7 of title 12, C.R.S., shall be responsible for paying to the continuing education administrator a reasonable biennial fee for the operation of the continuing education programs, which fee shall be used to administer the provisions of this section.

·        Continuing education course instruction, content, outline, and course providers are subject to initial approval by the commissioner and, at the discretion of the commissioner, are subject to periodic review for continuation.

Notice of Forfeiture

COLORADO REVISED STATUTES ANNOTATED TITLE 13. COURTS AND COURT PROCEDURE RELATED COURT RULES CHAPTER 30. COLORADO MUNICIPAL COURT RULES OF PROCEDURE

RULE 246. BAIL

·        (d) Forfeiture.

·        (1) Declaration. If there is a breach of condition of a bond, the court shall declare a forfeiture of the bail.

COLORADO REVISED STATUTES ANNOTATED TITLE 16. CRIMINALPROCEEDINGS CODE OF CRIMINAL PROCEDURE ARTICLE 4. RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION PART 1. RELEASE ON BAIL

§ 16-4-112. Enforcement procedures for compensated sureties.

·        "Compensated surety" means any person in the business of writing bail appearance bonds who is subject to regulation by the division of insurance in the department of regulatory agencies, including bonding agents and bail insurance companies.

·        If a bond is declared forfeited by the court, notice of the bail forfeiture order shall be served on the bonding agent by certified mail and on the bail insurance company by regular mail within ten days after the entry of said forfeiture. If the compensated surety on the bond is a cash bonding agent, only the cash bonding agent shall be notified of the forfeiture. Service of notice of the bail forfeiture on the defendant is not required.

·        The notice described above shall include, but need not be limited to:

(A) A statement intended to inform the compensated surety of the entry of forfeiture;

(B) An advisement that the compensated surety has the right to request a show cause hearing pursuant to this section within fifteen days after receipt of notice of forfeiture, by procedures set by the court; and

(C) An advisement that if the compensated surety does not request a show cause hearing pursuant to this section, judgment shall be entered upon expiration of thirty days following the entry of forfeiture.

Court Decisions

·        People v. Caro 753 P.2d 196, 1988.If accused fails to appear in accordance with terms of bail bond, court should immediately order bond forfeited and order both accused and surety to show cause why judgment on forfeiture should not be entered against them.

·        People v. King, 924 P.2d 1092, App. 1996, rehearing denied, certiorari denied. Judgment on order of forfeiture of appearance bond for failure to appear cannot be entered until notice and opportunity to be heard have been given to defendant and surety.

·        People v. Calloway 577 P.2d 1109, App. 1978. Trial court should not enter judgment against surety without complying with statutes which require notice, issuance and service of citation directed to it and hearing not less than 20 days after service of citation.

Allotted Time between Forfeiture Declaration and Payment Due Date.

COLORADO REVISED STATUTES ANNOTATED TITLE 14. DOMESTIC MATTERS DESERTION AND NONSUPPORT ARTICLE 6. NONSUPPORT § 14-6-109. Forfeiture of bond--disposition of fines

·        If the defendant does not appear and surrender to the court having jurisdiction within thirty days from the date of the [notice of] forfeiture, or within that period satisfy the court that appearance and surrender by the defendant is impossible and without the defendant's fault, the court shall enter judgment against the defendant and the sureties, if any, for the amount of the bail and costs of the court proceedings.

COLORADO REVISED STATUTES ANNOTATED TITLE 16. CRIMINALPROCEEDINGS CODE OF CRIMINAL PROCEDURE ARTICLE 4. RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION PART 1. RELEASE ON BAIL § 16-4-112. Enforcement procedures for compensated sureties.

·        A compensated surety, upon whom notice of a bail forfeiture order has been served, shall have fifteen days after receipt of notice of such forfeiture to request a hearing to show cause why judgment on the forfeiture should not be entered for the state against the compensated surety.

·        Such request shall be granted by the court and a hearing shall be set within thirty days after entry of forfeiture or at the court's earliest convenience. At the conclusion of the hearing requested by the compensated surety, if any, the court may enter judgment for the state against the compensated surety, or the court may in its discretion order further hearings.

·        Upon expiration of thirty days after the entry of forfeiture, the court shall enter judgment for the state against the compensated surety if the compensated surety did not request within fifteen days after receipt of notice of such forfeiture a hearing to show cause.

·        If such a show cause hearing was timely set but the hearing did not occur within thirty days after the entry of forfeiture, any entry of judgment at the conclusion of the hearing against the compensated surety shall not be vacated on the grounds that the matter was not timely heard. If judgment is entered against a compensated surety upon the conclusion of a requested show cause hearing, and such hearing did not occur within thirty days after the entry of forfeiture, execution upon said judgment shall be automatically stayed for no more than one hundred twenty days after entry of forfeiture.

Forfeiture Defenses.

COLORADO REVISED STATUTES ANNOTATED TITLE 13. COURTS AND COURT PROCEDURE RELATED COURT RULES CHAPTER 30. COLORADO MUNICIPAL COURT RULES OF PROCEDURE RULE 246. BAIL

·        (d) Forfeiture.

·        (2) Setting Aside. The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.

·        (e) Exoneration. The obligor shall be exonerated as follows:
(1) When the condition of the bond has been satisfied;
(2) When the amount of the forfeiture has been paid; or
(3) Upon surrender of the defendant into custody before judgment upon an order to show cause and upon payment of all costs occasioned thereby. A surety may seize and surrender the defendant to a peace officer within the municipality wherein the bond shall be taken, and it is the duty of such peace officer, on such surrender and delivery of a certified copy of the bond by which the surety is bound, to take such person into custody, and to acknowledge such surrender in writing.

COLORADO REVISED STATUTES ANNOTATED TITLE 16. CRIMINAL PROCEEDINGS CODE OF CRIMINAL PROCEDURE ARTICLE 4. RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION PART 1. RELEASE ON BAIL § 16-4-112. Enforcement procedures for compensated sureties.

·        If at any time prior to the entry of judgment, the defendant appears in court, either voluntarily or in custody after surrender or arrest, the court shall on its own motion direct that the bail forfeiture be set aside and the bond exonerated, at the time the defendant first appears in court; except that, if the state extradites such defendant, all necessary and actual costs associated with such extradition shall be borne by the surety up to the amount of the bond.

·        Execution upon said bail forfeiture judgment shall be automatically stayed for ninety days from the date of entry of judgment; except that, if judgment is entered against a compensated surety upon the conclusion of a requested show cause hearing, and such hearing did not occur within thirty days after the entry of forfeiture, the judgment shall be automatically stayed as set forth in this section.

·        The court may order that a bail forfeiture judgment be vacated and set aside or that execution thereon be stayed upon such conditions as the court may impose, if it appears that justice so requires.

·        A compensated surety shall be exonerated from liability upon the bond by satisfaction of the bail forfeiture judgment, surrender of the defendant, or by order of the court. If the defendant appears in court, either voluntarily or in custody after surrender or arrest, within ninety days after the entry of judgment, the court, at the time the defendant first appears in court, shall on its own motion direct that the bail forfeiture judgment be vacated and the bond exonerated; except that, if the state extradites such defendant, all necessary and actual costs associated with such extradition shall be borne by the surety up to the amount of the bond.

Court decisions.

·        Allison v. People 286 P.2d 1102, 132 Colo. 156, 1955. Where defendant was admitted to bail on bond and, while at liberty pending trial, was convicted of felony in foreign jurisdiction and confined to prison in that state so that he could not appear for trial pursuant to condition of bail bond, surety would be relieved from forfeiture of bail bond upon offer to defray costs and expenses involved in returning defendant upon completion of imprisonment.

Remission.

COLORADO REVISED STATUTES ANNOTATED TITLE 13. COURTS AND COURT PROCEDURE RELATED COURT RULES CHAPTER 30. COLORADO MUNICIPAL COURT RULES OF PROCEDURE RULE 246. BAIL

·        (d) Forfeiture.

(4) Remission. After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in paragraph (2) of this section (d). If a bond forfeiture has been paid into the general fund of the municipality, the appropriate city or town official shall be notified of the order for remission.

COLORADO REVISED STATUTES ANNOTATED TITLE 16. CRIMINAL PROCEEDINGS CODE OF CRIMINAL PROCEDURE ARTICLE 4. RELEASE FROM CUSTODY PENDING FINAL ADJUDICATION PART 1. RELEASE ON BAIL § 16-4-112. Enforcement procedures for compensated sureties.

·        If, within one year after payment of the bail forfeiture judgment, the compensated surety effects the apprehension or surrender of the defendant and provides reasonable notice to the court to which the bond returns that the defendant is available for extradition, the court shall vacate the judgment and order a remission of the amount paid on the bond less any necessary and actual costs incurred by the state and the sheriff who has actually extradited the defendant.

Bail Agent’s Arrest Authority.

COLORADO REVISED STATUTES ANNOTATED TITLE 12. PROFESSIONS AND OCCUPATIONS GENERAL ARTICLE 7. BAIL BONDING AGENT § 12-7-101

·        (1.5) "Bail recovery" means actions taken by a person other than a peace officer to apprehend an individual or take an individual into custody because of the failure of such individual to comply with bail bond requirements.

Other Noteworthy Provisions.

COLORADO REVISED STATUTES ANNOTATED TITLE 12. PROFESSIONSAND OCCUPATIONS GENERAL ARTICLE 7. BAIL BONDING AGENT § 12-7-103. Deals with an important penalty for cash bail agents who do not deliver forfeited bonds.

·        If the name of a professional cash bail agent is placed on the board pursuant to section 16-4-112(5)(e), C.R.S., and remains on the board for the same forfeiture for more than thirty consecutive days, the court that placed the name of the professional cash bonding agent on the board shall order the division to declare the qualification bond of such professional cash bail agent to be forfeited after a hearing as provided in section 12-7-106(2).

·        The division shall then order the professional cash bail agent on the qualification bond to deposit with the court an amount equal to the amount of the bond issued by such professional cash bail agent and declared forfeited by the court or the amount of the qualification bond, whichever is the smaller amount.

·        The division shall suspend the license of such professional cash bail agent until such time as all forfeitures and judgments ordered and entered against the professional cash bail agent have been certified as paid or vacated by order of a court of record and another qualification bond in the required amount is posted with the division.

COLORADO REVISED STATUTES ANNOTATED TITLE 12. PROFESSIONS AND OCCUPATIONS GENERAL ARTICLE 7. BAIL BONDING AGENT § 12-7-106. Denial, suspension, revocation, and refusal to renew license-- hearing--alternative civil penalty

·        The division shall deny, suspend, revoke, or refuse to renew, as may be appropriate, the license of any person engaged in the business of bail bonding agent for any of the following reasons:

·        Failure to satisfy, pay, or otherwise discharge a bail forfeiture judgment after having his or her name placed on the board pursuant to section 16-4-112(5)(e), C.R.S., for more than forty-five consecutive days for the same forfeiture;

·        Conviction of a felony within the last ten years, regardless of whether the conviction resulted from conduct in or conduct related to the bail bond business;

·        Service of a sentence upon a conviction of a felony in a correctional facility, city or county jail, or community correctional facility or under the supervision of the state board of parole or any probation department within the last ten years;

·        Failure to report, to preserve without use and retain separately, or to return collateral taken as security on any bond to the principal, indemnitor, or depositor of such collateral;

·        Soliciting business in or about any place where prisoners are confined, arraigned, or in custody;

·        Failure to pay a final, nonappealable judgment award for failure to return or repay collateral received to secure a bond;

·        Hiring, contracting with, or paying compensation to any individual for bail recovery services in violation of the provisions of section 12-7-105.5.

·        Continuing to execute bail bonds in any court in this state while on the board pursuant to section 16-4-112(5)(e), C.R.S., where the bail forfeiture judgment that resulted in being placed on the board has not been paid, stayed, vacated, exonerated, or otherwise discharged.

·        Except for the 5^th and 6^th reasons listed above, the commissioner, in lieu of revoking or suspending a license, may in any one proceeding, by order, require the licensee to pay to the commissioner, to be deposited in the general fund of the state, a civil penalty in the sum of no less than three hundred dollars and no more than one thousand dollars for each offense. Upon failure of the licensee to pay the penalty within twenty days the commissioner may revoke the license of the licensee or may suspend the license for such period as the commissioner may determine, unless the commissioner's order is stayed by an order of a court of competent jurisdiction.

§ 12-7-109.

·        See for a list (too lengthy to give here) of prohibited activities for bail bonding agents and some of the corresponding penalties.

COLORADO REVISED STATUTES ANNOTATED TITLE 13. COURTS AND COURT PROCEDURE RELATED COURT RULES CHAPTER 30. COLORADO MUNICIPAL COURT RULES OF PROCEDURE RULE 246. BAIL

·        (1) Before Conviction. The primary condition of the bail bond, and the only condition for a breach of which a surety or security on the bond may be subjected to forfeiture, is that the released person appear to answer the charge at a place and upon a date certain and at any place or upon any date to which the proceeding may be transferred or continued.

Noteworthy State Appellate Decisions.

People v. Bustamante-Payan 856 P.2d 42, App. 1993, certiorari denied. In exercising its discretion whether to set aside forfeiture of bail bond for defendant's failure to appear, trial court should consider willfulness of defendant's violation of bail conditions, surety's participation in locating or apprehending defendant, cost, inconvenience and prejudice suffered by state as result of violation, any intangible costs, public interest in ensuring defendant's appearance, and any mitigating factors; these factors encompass principle that generally only acts of God, of the state, or of law will relieve surety from liability.

People v. Mendez 708 P.2d 126, App. 1985. Trial court abused its discretion in refusing to vacate its judgment entered for bail bond forfeiture where, after forfeiture, but before judgment, sureties made substantial efforts to locate, seize and surrender defendant to authorities, and defendant was in custody in adjoining county due principally to efforts of sureties, even though he was not physically in custody in county in which judgment was entered.

People v. Schliesser 563 P.2d 377, App. 1977, reversed on other grounds 572 P.2d 837. In exercising its discretion as to whether to order remission of forfeiture of bail bond, trial court may consider whether defendant has been produced within reasonable time after forfeiture, whether People have lost any rights against the defendant, whether the defendant's failure to appear was willful, and whether a forfeiture will subject the surety to an extreme hardship.

People v. Joss 534 P.2d 358, App. 1975 That, after principal failed to appear on bail bond return date, state was more than repaid amount of bond when principal's pickup truck and money, which had been taken into police custody when principal had been arrested for narcotics violations, were confiscated as a public nuisance did not relieve surety of his obligation under bond.

People v. Johnson 395 P.2d 19, 1964. Where principal on appearance bond disappears, generally, only basis for remission of bond forfeiture judgment is extreme hardship to surety, such hardship as will cause destitution to family, deprive children of support and education, and creditors of just debt.

Bounty Hunter Provisions.

At this time, there appear to be no specific regulations for "Bounty Hunters" in the Colorado statutes.

11. Online Case Tracking.