Colorado 2025 Regular Session

Colorado House Bill HB1015 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0722.01 Michael Dohr x4347
1	8		HOUSE BILL 25-1015
2		-	BY REPRESENTATIVE(S) Mabrey and Zokaie, Bacon, Boesenecker,
3		-	Brown, Camacho, Clifford, Duran, Espenoza, Garcia, Gilchrist, Hamrick,
4		-	Joseph, Lieder, Lindsay, Marshall, Martinez, Phillips, Rutinel, Rydin,
5		-	Sirota, Stewart R., Titone, Velasco, Woodrow, McCluskie;
6		-	also SENATOR(S) Rodriguez and Gonzales J., Amabile, Jodeh, Kipp,
7		-	Sullivan, Weissman.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
8	12		C
9		-	ONCERNING CLARIFYING CHANGES TO ENSURE THAT BOND CAN BE POSTED
10		-	ONLINE
11		-	.
12		-
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. In Colorado Revised Statutes, 16-4-102, amend
15		-	(2)(b), (2)(c), (2)(d), (2)(e), (2)(f), (2)(h)(I)(A), (2)(i)(I), (2)(i)(II), (2)(j)(I),
16		-	and (2)(j)(II) as follows:
17		-	16-4-102. Right to bail - before conviction. (2) (b) (I) A judge,
18		-	judicial officer, or bond hearing officer shall not require a monetary bond
19		-	to be paid POSTED in the defendant's name. Bond may be paid POSTED, at a
20		-	minimum, by cash, money order, or cashier's check. B
21		-	OND MAY BE POSTED
22		-	ONLINE
23		-	, AT A MINIMUM, BY CREDIT CARD. If bond is paid
24		-	POSTED by money
25		-	order or cashier's check, the money order or cashier's check may be payable
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. to the holding county. Before bond is posted, the sheriff shall provide the
34		-	defendant and surety
35		-	OR THIRD-PARTY PAYER, if any, a copy of the notice
36		-	described in subsection (2)(h)(I) of this section. When the bond is posted,
37		-	the sheriff shall provide the defendant and surety
38		-	OR THIRD-PARTY PAYER,
39		-	if any, a copy of the bond paperwork and information regarding the
40		-	defendant's next court date. The individual processing the bond shall certify,
41		-	in writing, that the payor
42		-	DEFENDANT AND SURETY OR THIRD -PARTY PAYER,
43		-	IF ANY, received a copy of the bond paperwork, the notice described in
44		-	subsection (2)(h)(I) of this section, and information regarding the
45		-	defendant's next court date and shall place a copy of the certification in the
46		-	defendant's file. Notwithstanding the provisions of this section, a sheriff
47		-	may allow an individual to choose to stay in jail overnight after release
48		-	when extenuating circumstances exist, including inclement weather, lack of
49		-	transportation, or lack of shelter.
50		-	(II) By January 1, 2022
51		-	OCTOBER 1, 2025, each jail shall establish
52		-	a means to pay POST bond online without the need for the payor SURETY OR
53		-	THIRD
54		-	-PARTY PAYER to go to the jail in person to pay
55		-	POST bond. EACH
56		-	SHERIFF SHALL POST INSTRUCTIONS ON THE SHERIFF
57		-	'S WEBSITE DESCRIBING
58		-	HOW TO POST BOND ONLINE
59		-	. ALL BONDS OF ANY AMOUNT THAT ARE
60		-	POSTABLE IN PERSON MUST BE POSTABLE ONLINE
61		-	. DEFENDANTS AND
62		-	SURETIES OR THIRD
63		-	-PARTY PAYERS THAT POST BOND ONLINE HAVE THE SAME
64		-	RIGHTS THAT ARE AFFORDED TO A PERSON WHEN POSTING IN PERSON
65		-	,
66		-	SPECIFICALLY:
	13	+	ONCERNING CLARIFYING CHANGES TO ENSURE THAT BOND CAN BE101
	14	+	POSTED ONLINE.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Current law requires that bond can be posted online. The bill
	23	+	makes clarifying changes to the bond statutes to ensure that bond can be
	24	+	posted online.
	25	+	Be it enacted by the General Assembly of the State of Colorado:1
	26	+	SENATE
	27	+	3rd Reading Unamended
	28	+	March 18, 2025
	29	+	SENATE
	30	+	2nd Reading Unamended
	31	+	March 17, 2025
	32	+	HOUSE
	33	+	3rd Reading Unamended
	34	+	January 27, 2025
	35	+	HOUSE
	36	+	Amended 2nd Reading
	37	+	January 24, 2025
	38	+	HOUSE SPONSORSHIP
	39	+	Mabrey and Zokaie, Bacon, Boesenecker, Brown, Camacho, Clifford, Duran, Espenoza,
	40	+	Garcia, Gilchrist, Hamrick, Joseph, Lieder, Lindsay, Marshall, Martinez, McCluskie, Phillips,
	41	+	Rutinel, Rydin, Sirota, Stewart R., Titone, Velasco, Woodrow
	42	+	SENATE SPONSORSHIP
	43	+	Rodriguez and Gonzales J., Amabile, Jodeh, Kipp, Sullivan, Weissman
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. SECTION 1. In Colorado Revised Statutes, 16-4-102, amend1
	47	+	(2)(b), (2)(c), (2)(d), (2)(e), (2)(f), (2)(h)(I)(A), (2)(i)(I), (2)(i)(II),2
	48	+	(2)(j)(I), and (2)(j)(II) as follows:3
	49	+	16-4-102. Right to bail - before conviction. (2) (b) (I) A judge,4
	50	+	judicial officer, or bond hearing officer shall not require a monetary bond5
	51	+	to be paid POSTED in the defendant's name. Bond may be paid POSTED, at6
	52	+	a minimum, by cash, money order, or cashier's check. B
	53	+	OND MAY BE7
	54	+	POSTED ONLINE, AT A MINIMUM, BY CREDIT CARD. If bond is paid
	55	+	POSTED8
	56	+	by money order or cashier's check, the money order or cashier's check9
	57	+	may be payable to the holding county. Before bond is posted, the sheriff10
	58	+	shall provide the defendant and surety
	59	+	OR THIRD-PARTY PAYER, if any, a11
	60	+	copy of the notice described in subsection (2)(h)(I) of this section. When12
	61	+	the bond is posted, the sheriff shall provide the defendant and surety
	62	+	OR13
	63	+	THIRD-PARTY PAYER, if any, a copy of the bond paperwork and14
	64	+	information regarding the defendant's next court date. The individual15
	65	+	processing the bond shall certify, in writing, that the payor
	66	+	DEFENDANT16
	67	+	AND SURETY OR THIRD-PARTY PAYER, IF ANY, received a copy of the bond17
	68	+	paperwork, the notice described in subsection (2)(h)(I) of this section, and18
	69	+	information regarding the defendant's next court date and shall place a19
	70	+	copy of the certification in the defendant's file. Notwithstanding the20
	71	+	provisions of this section, a sheriff may allow an individual to choose to21
	72	+	stay in jail overnight after release when extenuating circumstances exist,22
	73	+	including inclement weather, lack of transportation, or lack of shelter.23
	74	+	(II) By January 1, 2022 OCTOBER 1, 2025, each jail shall establish24
	75	+	a means to pay POST bond online without the need for the payor SURETY25
	76	+	OR THIRD-PARTY PAYER to go to the jail in person to pay POST bond. EACH26
	77	+	SHERIFF SHALL POST INSTRUCTIONS ON THE SHERIFF'S WEBSITE DESCRIBING27
	78	+	1015
	79	+	-2- HOW TO POST BOND ONLINE. ALL BONDS OF ANY AMOUNT THAT ARE1
	80	+	POSTABLE IN PERSON MUST BE POSTABLE ONLINE . DEFENDANTS AND2
	81	+	SURETIES OR THIRD-PARTY PAYERS THAT POST BOND ONLINE HAVE THE3
	82	+	SAME RIGHTS THAT ARE AFFORDED TO A PERSON WHEN POSTING IN4
	83	+	PERSON, SPECIFICALLY:5
67	84		(A) T
68		-	HE SHERIFF SHALL PROVIDE THE DEFENDANT AND SURETY OR
69		-	THIRD
70		-	-PARTY PAYER, IF ANY, A COPY OF THE NOTICE DESCRIBED IN
71		-	SUBSECTION
72		-	(2)(h)(I) OF THIS SECTION; AND
73		-	(B) THE SHERIFF SHALL PROVIDE THE DEFENDANT AND SURETY OR
74		-	THIRD
75		-	-PARTY PAYER, IF ANY, A COPY OF THE BOND PAPERWORK AND
76		-	INFORMATION REGARDING THE DEFENDANT
77		-	'S NEXT COURT DATE.
78		-	(c) The custodian of a jail shall ensure the defendant, a surety on
79		-	behalf of the defendant, or another third party on behalf of the defendant is
80		-	not charged more than a ten-dollar bond processing fee,
81		-	INCLUDING WHEN
82		-	BOND IS POSTED ONLINE
83		-	.
84		-	(d) The custodian of a jail shall also ensure the defendant, a surety
85		-	on behalf of the defendant, or another third party on behalf of the defendant
86		-	PAGE 2-HOUSE BILL 25-1015 is not charged any additional transaction fees, including kiosk fees,
87		-	INCLUDING WHEN BOND IS POSTED ONLINE ; except that the standard credit
88		-	card processing fee that the credit card company charges may be charged
89		-	when a credit card is used, or, when a third-party vendor provides
	85	+	HE SHERIFF SHALL PROVIDE THE DEFENDANT AND SURETY OR6
	86	+	THIRD-PARTY PAYER, IF ANY, A COPY OF THE NOTICE DESCRIBED IN7
	87	+	SUBSECTION (2)(h)(I) OF THIS SECTION; AND8
	88	+	(B) T
	89	+	HE SHERIFF SHALL PROVIDE THE DEFENDANT AND SURETY OR9
	90	+	THIRD-PARTY PAYER, IF ANY, A COPY OF THE BOND PAPERWORK AND10
	91	+	INFORMATION REGARDING THE DEFENDANT 'S NEXT COURT DATE.11
	92	+	(c) The custodian of a jail shall ensure the defendant, a surety on12
	93	+	behalf of the defendant, or another third party on behalf of the defendant13
	94	+	is not charged more than a ten-dollar bond processing fee,
	95	+	INCLUDING14
	96	+	WHEN BOND IS POSTED ONLINE.15
	97	+	(d) The custodian of a jail shall also ensure the defendant, a surety16
	98	+	on behalf of the defendant, or another third party on behalf of the17
	99	+	defendant is not charged any additional transaction fees, including kiosk18
	100	+	fees,
	101	+	INCLUDING WHEN BOND IS POSTED ONLINE ; except that the standard19
	102	+	credit card processing fee that the credit card company charges may be20
	103	+	charged when a credit card is used, or, when a third-party vendor provides21
90	104		defendants the option to pay
91		-	POST monetary bond with a credit card, ~~the~~
92		-	defendant can MAY be required to pay up to NOT MORE THAN a
93		-	three-and-one-half percent credit card payment processing fee.
94		-	(e) Unless extraordinary circumstances exist, the custodian of ~~a jail~~
95		-	shall release a defendant who is granted a personal recognizance ~~bond as~~
96		-	soon as practicable but no later than six hours after the defendant is
97		-	~~physically present in the jail. Unless extraordinary circumstances exist, the~~
98		-	~~custodian of a~~ jail ~~shall release a defendant who is granted a cash bond as~~
99		-	~~soon as practicable but no later than six hours after bond~~ is ~~set, after the~~
100		-	~~defendant~~ is ~~physically present in the jail~~, ~~and after the defendant, or~~
101		-	~~surety~~,
102		-	OR THIRD-PARTY PAYER notifies the jail that ~~the defendant, or surety, OR~~
103		-	THIRD
104		-	~~-PARTY PAYER is prepared to post bond. IF~~ BOND IS POSTED ONLINE,
105		-	~~THE SIX-HOUR RELEASE TIMELINE BEGINS WHEN~~ THE DEFENDANT , SURETY,
106		-	~~OR THIRD-PARTY PAYER SUBMITS PAYMENT FOR~~ A BOND ONLINE OR
107		-	~~ELECTRONICALLY FILES A POWER OF ATTORNEY~~ PURSUANT TO SECTION
108		-	~~10-2-418. If the custodian fails to release the~~ defendant within six hours, the
109		-	~~custodian shall inform the defendant and~~ any person posting bond on behalf
110		-	~~of the defendant the reason for the~~ delay and shall document the reason for
111		-	~~the delay in the defendant's file.~~ A supervisory condition of release does not
112		-	~~serve as a legal basis to~~ continue to detain the defendant; except that, if the
113		-	~~defendant is ordered~~ released upon condition of being subject to electronic
114		-	~~monitoring, the~~ defendant may be held up to as long as practicable but no
115		-	~~longer than~~ twenty-four hours after the defendant is physically present in the
116		-	~~jail and~~ the defendant's bond has been posted, if such delay is necessary to
117		-	~~ensure~~ the defendant is fitted with electronic monitoring and the court ~~has~~
118		-	authorized the defendant to be held until the electronic monitor is fitted. If
119		-	the court orders electronic monitoring for the protection of a ~~specific~~
120		-	individual, and the defendant is ordered to have no contact with ~~that~~
121		-	specific individual, and the judge orders that the defendant not ~~be released~~
122		-	without electronic monitoring based on finding that ~~the electronic~~
123		-	monitoring is necessary for public safety, then the time ~~limits regarding~~
124		-	release of the defendant in this subsection (2)(e) do not apply. ~~However, if~~
125		-	~~a defendant is held more than twenty-four hours after posting bond awaiting~~
126		-	~~electronic monitoring fitting~~, ~~the sheriff shall bring the~~ defendant ~~to the~~
127		-	~~court~~ the ~~next day the court is in session and explain the reason for the~~
128		-	~~PAGE 3-HOUSE~~ ~~BILL 25-1015~~ ~~delay.~~
129		-	~~(f) A defendant who WHOSE BOND has BEEN posted, bond,~~
130		-	~~INCLUDING WHEN~~ BOND HAS BEEN POSTED ~~ONLINE~~ , ~~must be released~~
131		-	~~regardless of whether the defendant~~ has ~~paid any outstanding fee~~, ~~cost, or~~
132		-	~~surcharge~~, ~~including bond processing fees~~, ~~booking fees, pretrial~~
133		-	~~supervision~~ fees, ~~or electronic monitoring supervision~~ fees.
134		-	~~(h) (I) (A) Each sheriff shall post the following notice of rights on~~
135		-	the ~~sheriff's website and information about how to file a complaint about~~
136		-	~~violations of subsections (2)(b)~~ to ~~(2)(g)~~
137		-	SUBSECTIONS (2)(b) TO (2)(f) of
138		-	this section:
139		-	Legal Rights Related to Posting Money ~~Bond~~
140		-	Pursuant to Section 16-4-102, Colorado Revised ~~Statutes~~
141		-	1.Bond fees, booking fees, and other fees or ~~debts~~
142		-	never need to be paid to secure a person's release on
	105	+	POST monetary bond with a credit card, the22
	106	+	defendant can MAY be required to pay up to NOT MORE THAN a23
	107	+	three-and-one-half percent credit card payment processing fee.24
	108	+	(e) Unless extraordinary circumstances exist, the custodian of a25
	109	+	jail shall release a defendant who is granted a personal recognizance bond26
	110	+	as soon as practicable but no later than six hours after the defendant is27
	111	+	1015
	112	+	-3- physically present in the jail. Unless extraordinary circumstances exist,1
	113	+	the custodian of a jail shall release a defendant who is granted a cash2
	114	+	bond as soon as practicable but no later than six hours after bond is set,3
	115	+	after the defendant is physically present in the jail, and after the4
	116	+	defendant, or surety, OR THIRD-PARTY PAYER notifies the jail that the5
	117	+	defendant, or surety, OR THIRD-PARTY PAYER is prepared to post bond. IF6
	118	+	BOND IS POSTED ONLINE, THE SIX-HOUR RELEASE TIMELINE BEGINS WHEN7
	119	+	THE DEFENDANT, SURETY, OR THIRD-PARTY PAYER SUBMITS PAYMENT FOR8
	120	+	A BOND ONLINE OR ELECTRONICALLY FILES A POWER OF ATTORNEY9
	121	+	PURSUANT TO SECTION 10-2-418. If the custodian fails to release the10
	122	+	defendant within six hours, the custodian shall inform the defendant and11
	123	+	any person posting bond on behalf of the defendant the reason for the12
	124	+	delay and shall document the reason for the delay in the defendant's file.13
	125	+	A supervisory condition of release does not serve as a legal basis to14
	126	+	continue to detain the defendant; except that, if the defendant is ordered15
	127	+	released upon condition of being subject to electronic monitoring, the16
	128	+	defendant may be held up to as long as practicable but no longer than17
	129	+	twenty-four hours after the defendant is physically present in the jail and18
	130	+	the defendant's bond has been posted, if such delay is necessary to ensure19
	131	+	the defendant is fitted with electronic monitoring and the court has20
	132	+	authorized the defendant to be held until the electronic monitor is fitted.21
	133	+	If the court orders electronic monitoring for the protection of a specific22
	134	+	individual, and the defendant is ordered to have no contact with that23
	135	+	specific individual, and the judge orders that the defendant not be24
	136	+	released without electronic monitoring based on finding that the25
	137	+	electronic monitoring is necessary for public safety, then the time limits26
	138	+	regarding release of the defendant in this subsection (2)(e) do not apply.27
	139	+	1015
	140	+	-4- However, if a defendant is held more than twenty-four hours after posting1
	141	+	bond awaiting electronic monitoring fitting, the sheriff shall bring the2
	142	+	defendant to the court the next day the court is in session and explain the3
	143	+	reason for the delay.4
	144	+	(f) A defendant who WHOSE BOND has BEEN posted, bond,5
	145	+	INCLUDING WHEN BOND HAS BEEN POSTED ONLINE , must be released6
	146	+	regardless of whether the defendant has paid any outstanding fee, cost, or7
	147	+	surcharge, including bond processing fees, booking fees, pretrial8
	148	+	supervision fees, or electronic monitoring supervision fees.9
	149	+	(h) (I) (A) Each sheriff shall post the following notice of rights on10
	150	+	the sheriff's website and information about how to file a complaint about11
	151	+	violations of subsections (2)(b) to (2)(g) SUBSECTIONS (2)(b) TO (2)(f) of12
	152	+	this section:13
	153	+	Legal Rights Related to Posting Money Bond14
	154	+	Pursuant to Section 16-4-102, Colorado Revised Statutes15
	155	+	1.Bond fees, booking fees, and other fees or debts16
	156	+	never need to be paid to secure a person's release on17
143	157		money bond,
144		-	INCLUDING WHEN BOND IS POSTED ONLINE . A
145		-	payor
146		-	DEFENDANT, SURETY, OR ANOTHER THIRD-PARTY PAYER
147		-	need only pay the bond amount in order to secure release. 2. While never a basis to hold a defendant in jail, the following fees are chargeable as a debt to the defendant after release if the payor
148		-	SURETY OR ANOTHER THIRD-PARTY PAYER
149		-	chooses not to pay the fees at the time of bonding: A $10 bond fee and a maximum 3.5% credit card payment fee. No other bond-related fees may be charged at any time, including any kiosk fees or fees for payment by cash, check, or money order,
150		-	INCLUDING WHEN BOND IS POSTED ONLINE .
151		-	3. Bond payments are to be made out to the holding
152		-	county and are never to be made out in the name of the
153		-	incarcerated person.
154		-	4.A sheriff must release a defendant within six hours
155		-	after a personal recognizance bond is set and the
156		-	defendant has returned to jail or within six hours after a
157		-	cash bond has been set and the defendant has returned to
158		-	jail and the defendant, or
159		-	surety, OR THIRD-PARTY PAYER
160		-	notified the jail that bond is prepared to be posted, unless
161		-	extraordinary circumstances exist. I
162		-	F BOND IS POSTED ONLINE,
163		-	THE SIX-HOUR RELEASE TIMELINE BEGINS WHEN THE
164		-	DEFENDANT
165		-	, SURETY, OR THIRD-PARTY PAYER SUBMITS
166		-	PAYMENT FOR A BOND OR ELECTRONICALLY FILES A POWER OF
167		-	PAGE 4-HOUSE BILL 25-1015 ATTORNEY. In the event of a delay of more than six hours, a
168		-	surety
169		-	OR THIRD-PARTY PAYER and the defendant have a right
170		-	to know what, if any, extraordinary circumstance is causing
171		-	the delay. Supervisory conditions of release do not justify a
172		-	delay in release; except that a sheriff may hold a defendant
173		-	for up to 24 hours if necessary to ensure a defendant is fitted
174		-	with required electronic monitoring.
	158	+	INCLUDING WHEN BOND IS POSTED ONLINE .18
	159	+	A payor
	160	+	DEFENDANT, SURETY, OR ANOTHER THIRD-PARTY19
	161	+	PAYER need only pay the bond amount in order to secure20
	162	+	release.21
	163	+	2. While never a basis to hold a defendant in jail, the22
	164	+	following fees are chargeable as a debt to the defendant23
	165	+	after release if the payor SURETY OR ANOTHER THIRD-PARTY24
	166	+	PAYER chooses not to pay the fees at the time of bonding:25
	167	+	A $10 bond fee and a maximum 3.5% credit card payment26
	168	+	fee. No other bond-related fees may be charged at any time,27
	169	+	1015
	170	+	-5- including any kiosk fees or fees for payment by cash,1
	171	+	check, or money order,
	172	+	INCLUDING WHEN BOND IS POSTED2
	173	+	ONLINE.3
	174	+	3. Bond payments are to be made out to the holding4
	175	+	county and are never to be made out in the name of the5
	176	+	incarcerated person.6
	177	+	4.A sheriff must release a defendant within six7
	178	+	hours after a personal recognizance bond is set and the8
	179	+	defendant has returned to jail or within six hours after9
	180	+	a cash bond has been set and the defendant has10
	181	+	returned to jail and the defendant, or
	182	+	surety, OR11
	183	+	THIRD-PARTY PAYER notified the jail that bond is12
	184	+	prepared to be posted, unless extraordinary circumstances13
	185	+	exist. I
	186	+	F BOND IS POSTED ONLINE, THE SIX-HOUR RELEASE14
	187	+	TIMELINE BEGINS WHEN THE DEFENDANT , SURETY, OR15
	188	+	THIRD-PARTY PAYER SUBMITS PAYMENT FOR A BOND OR16
	189	+	ELECTRONICALLY FILES A POWER OF ATTORNEY . In the17
	190	+	event of a delay of more than six hours, a surety
	191	+	OR18
	192	+	THIRD-PARTY PAYER and the defendant have a right to19
	193	+	know what, if any, extraordinary circumstance is causing20
	194	+	the delay. Supervisory conditions of release do not justify21
	195	+	a delay in release; except that a sheriff may hold a22
	196	+	defendant for up to 24 hours if necessary to ensure a23
	197	+	defendant is fitted with required electronic monitoring.24
175	198		5. Anyone who posts a money bond,
176		-	INCLUDING ~~BOND~~
177		-	POSTED ONLINE
178		-	, ~~has the right to receive a copy~~ of the ~~bond~~
179		-	~~paperwork, including documentation of the next upcoming~~
180		-	court date.
	199	+	INCLUDING BOND25
	200	+	POSTED ONLINE, has the right to receive a copy of the bond26
	201	+	paperwork, including documentation of the next upcoming27
	202	+	1015
	203	+	-6- court date.1
181	204		6.A surety
182		-	OR THIRD-PARTY PAYER may never be
183		-	asked to use posted bond money to pay a defendant's
184		-	debts. Only when defendants have posted their own ~~money~~
185		-	bond may they be asked if they would like to ~~voluntarily~~
	205	+	OR THIRD-PARTY PAYER may never be2
	206	+	asked to use posted bond money to pay a defendant's3
	207	+	debts. Only when defendants have posted their own money4
	208	+	bond may they be asked if they would like to voluntarily5
186	209		relinquish bond money to pay their debts,
187		-	INCLUDING WHEN
188		-	BOND IS POSTED ONLINE
189		-	. Relinquishment of bond money by
190		-	a defendant to pay a debt is never required and is entirely a
191		-	voluntary choice by the defendant.
192		-	(i) Each sheriff shall post a notice both in the common area of the
193		-	jail in a location clearly visible to the inmates and in the public portion of
194		-	the jail where a person posts bond, clearly visible to a person posting bond,
195		-	that contains the following information:
196		-	(I) Bond fees, booking fees, and other fees or debts never need to be
197		-	paid to secure a person's release on money bond,
198		-	INCLUDING WHEN BOND IS
199		-	POSTED ONLINE
200		-	. A payor
201		-	DEFENDANT, SURETY, OR OTHER THIRD-PARTY
202		-	PAYER
203		-	need only pay the bond amount in order to secure release.
204		-	(II) The sheriff shall release a defendant within six hours after a
205		-	personal recognizance bond is set and the defendant has returned to jail or
206		-	within six hours after a cash bond has been set and the defendant has
	210	+	INCLUDING WHEN6
	211	+	BOND IS POSTED ONLINE. Relinquishment of bond money by7
	212	+	a defendant to pay a debt is never required and is entirely8
	213	+	a voluntary choice by the defendant.9
	214	+	(i) Each sheriff shall post a notice both in the common area of the10
	215	+	jail in a location clearly visible to the inmates and in the public portion of11
	216	+	the jail where a person posts bond, clearly visible to a person posting12
	217	+	bond, that contains the following information:13
	218	+	(I) Bond fees, booking fees, and other fees or debts never need to14
	219	+	be paid to secure a person's release on money bond,
	220	+	INCLUDING WHEN15
	221	+	BOND IS POSTED ONLINE. A payor
	222	+	DEFENDANT, SURETY, OR OTHER16
	223	+	THIRD-PARTY PAYER need only pay the bond amount in order to secure17
	224	+	release.18
	225	+	(II) The sheriff shall release a defendant within six hours after a19
	226	+	personal recognizance bond is set and the defendant has returned to jail20
	227	+	or within six hours after a cash bond has been set and the defendant has21
207	228		returned to jail and the defendant or surety
208		-	OR THIRD-PARTY ~~PAYER notified~~
209		-	the jail that bond is prepared to be posted, unless ~~extraordinary~~
	229	+	OR THIRD-PARTY PAYER22
	230	+	notified the jail that bond is prepared to be posted, unless extraordinary23
210	231		circumstances exist. I
211		-	F BOND IS POSTED ONLINE, THE SIX-HOUR RELEASE
212		-	TIMELINE BEGINS WHEN THE DEFENDANT OR SURETY OR THIRD
213		-	-PARTY PAYER
214		-	SUBMITS PAYMENT FOR A BOND OR ELECTRONICALLY FILES A POWER OF
215		-	ATTORNEY
216		-	. However, a sheriff may hold a defendant for up to twenty-four
217		-	hours if necessary to ensure a defendant is fitted with required electronic
218		-	PAGE 5-HOUSE BILL 25-1015 monitoring.
219		-	(j) (I) Each sheriff shall create written policies to comply with this
220		-	subsection (2) by October 1, 2021 OCTOBER 1, 2025. The sheriff shall post
221		-	the policies on the sheriff's website and distribute them to all staff. The
222		-	sheriff shall train all staff who process bonds or interact with inmates on the
223		-	policies.
224		-	(II) Each sheriff shall review and update the sheriff's website,
225		-	signage, paperwork, and forms related to bonding to reflect current law by
226		-	October 1, 2021
227		-	OCTOBER 1, 2025, and update the sheriff's website,
228		-	signage, paperwork, and forms related to bonding as necessary thereafter.
229		-	SECTION 2. In Colorado Revised Statutes, 16-4-111, amend (1)
230		-	as follows:
231		-	16-4-111. Disposition of security deposits upon forfeiture or
232		-	termination of bond. (1) (a) If a defendant is released upon deposit of
233		-	cash in any amount or upon deposit of any stocks or bonds and the
234		-	defendant is later discharged from all liability under the terms of the bond,
235		-	the clerk of the court shall return the deposit to the person who made the
236		-	deposit,
237		-	INCLUDING WHEN BOND IS POSTED ONLINE .
238		-	(b) (I) If the depositor of the cash bond is the defendant and the
239		-	defendant owes court costs, fees, fines, restitution, or surcharges at the time
240		-	the defendant is discharged from all liability under the terms of the bond,
241		-	the court may apply the deposit toward any amount owed by the defendant
242		-	in court costs, fees, fines, restitution, or surcharges if the defendant
243		-	voluntarily agrees in writing to the use of the deposit for such purpose. A
244		-	defendant shall not be
245		-	IS NOT required to agree to apply the deposit toward
246		-	any amount owed by the defendant as a condition of release,
247		-	INCLUDING
248		-	WHEN BOND IS POSTED ONLINE
249		-	. If any amount of the deposit remains after
250		-	paying the defendant's outstanding court costs, fees, fines, restitution, or
251		-	surcharges, the court shall return the remainder of the deposit to the
252		-	defendant.
253		-	(II) If the depositor of the cash bond is not the defendant but the
254		-	defendant owes court costs, fees, fines, restitution, or surcharges at the time
255		-	the defendant is discharged from all liability under the terms of the bond,
256		-	the court shall not apply the deposit toward the amount owed by the
257		-	PAGE 6-HOUSE BILL 25-1015 defendant in court costs, fees, fines, restitution, or surcharges. The court
	232	+	F BOND IS POSTED ONLINE, THE SIX-HOUR RELEASE24
	233	+	TIMELINE BEGINS WHEN THE DEFENDANT OR SURETY OR THIRD -PARTY25
	234	+	PAYER SUBMITS PAYMENT FOR A BOND OR ELECTRONICALLY FILES A26
	235	+	POWER OF ATTORNEY. However, a sheriff may hold a defendant for up to27
	236	+	1015
	237	+	-7- twenty-four hours if necessary to ensure a defendant is fitted with1
	238	+	required electronic monitoring.2
	239	+	(j) (I) Each sheriff shall create written policies to comply with this3
	240	+	subsection (2) by October 1, 2021 OCTOBER 1, 2025. The sheriff shall4
	241	+	post the policies on the sheriff's website and distribute them to all staff.5
	242	+	The sheriff shall train all staff who process bonds or interact with inmates6
	243	+	on the policies.7
	244	+	(II) Each sheriff shall review and update the sheriff's website,8
	245	+	signage, paperwork, and forms related to bonding to reflect current law9
	246	+	by October 1, 2021 OCTOBER 1, 2025, and update the sheriff's website,10
	247	+	signage, paperwork, and forms related to bonding as necessary thereafter.11
	248	+	SECTION 2. In Colorado Revised Statutes, 16-4-111, amend (1)12
	249	+	as follows:13
	250	+	16-4-111. Disposition of security deposits upon forfeiture or14
	251	+	termination of bond. (1) (a) If a defendant is released upon deposit of15
	252	+	cash in any amount or upon deposit of any stocks or bonds and the16
	253	+	defendant is later discharged from all liability under the terms of the17
	254	+	bond, the clerk of the court shall return the deposit to the person who18
	255	+	made the deposit,
	256	+	INCLUDING WHEN BOND IS POSTED ONLINE .19
	257	+	(b) (I) If the depositor of the cash bond is the defendant and the20
	258	+	defendant owes court costs, fees, fines, restitution, or surcharges at the21
	259	+	time the defendant is discharged from all liability under the terms of the22
	260	+	bond, the court may apply the deposit toward any amount owed by the23
	261	+	defendant in court costs, fees, fines, restitution, or surcharges if the24
	262	+	defendant voluntarily agrees in writing to the use of the deposit for such25
	263	+	purpose. A defendant shall not be
	264	+	IS NOT required to agree to apply the26
	265	+	deposit toward any amount owed by the defendant as a condition of27
	266	+	1015
	267	+	-8- release, INCLUDING WHEN BOND IS POSTED ONLINE . If any amount of the1
	268	+	deposit remains after paying the defendant's outstanding court costs, fees,2
	269	+	fines, restitution, or surcharges, the court shall return the remainder of the3
	270	+	deposit to the defendant.4
	271	+	(II) If the depositor of the cash bond is not the defendant but the5
	272	+	defendant owes court costs, fees, fines, restitution, or surcharges at the6
	273	+	time the defendant is discharged from all liability under the terms of the7
	274	+	bond, the court shall not apply the deposit toward the amount owed by the8
	275	+	defendant in court costs, fees, fines, restitution, or surcharges. The court9
258	276		shall return the deposit to the depositor,
259		-	INCLUDING WHEN A BOND IS POSTED
260		-	ONLINE
261		-	.
262		-	(III) A depositor of a cash bond who is not the defendant may
	277	+	INCLUDING WHEN A BOND IS10
	278	+	POSTED ONLINE.11
	279	+	(III) A depositor of a cash bond who is not the defendant may12
263	280		deposit bond funds directly with the jail. The depositor shall not be
264		-	IS NOT
265		-	required to pay any additional fees, costs, or surcharges other than the bond amount and bond processing fee. The depositor shall not be
266		-	IS NOT required
267		-	to apply bond funds to the defendant's inmate account for payment of the
268		-	bond and shall not be
269		-	IS NOT required to deposit money in the defendant's
270		-	name,
271		-	INCLUDING WHEN A BOND IS POSTED ONLINE .
272		-	SECTION 3. Act subject to petition - effective date. This act
273		-	takes effect at 12:01 a.m. on the day following the expiration of the
274		-	ninety-day period after final adjournment of the general assembly; except
275		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
276		-	of the state constitution against this act or an item, section, or part of this act
277		-	within such period, then the act, item, section, or part will not take effect
278		-	unless approved by the people at the general election to be held in
279		-	PAGE 7-HOUSE BILL 25-1015 November 2026 and, in such case, will take effect on the date of the official
280		-	declaration of the vote thereon by the governor.
281		-	____________________________ ____________________________
282		-	Julie McCluskie James Rashad Coleman, Sr.
283		-	SPEAKER OF THE HOUSE PRESIDENT OF
284		-	OF REPRESENTATIVES THE SENATE
285		-	____________________________ ____________________________
286		-	Vanessa Reilly Esther van Mourik
287		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
288		-	OF REPRESENTATIVES THE SENATE
289		-	APPROVED________________________________________
290		-	(Date and Time)
291		-	_________________________________________
292		-	Jared S. Polis
293		-	GOVERNOR OF THE STATE OF COLORADO
294		-	PAGE 8-HOUSE BILL 25-1015
	281	+	IS NOT13
	282	+	required to pay any additional fees, costs, or surcharges other than the14
	283	+	bond amount and bond processing fee. The depositor shall not be IS NOT15
	284	+	required to apply bond funds to the defendant's inmate account for16
	285	+	payment of the bond and shall not be IS NOT required to deposit money in17
	286	+	the defendant's name,
	287	+	INCLUDING WHEN A BOND IS POSTED ONLINE .18
	288	+	SECTION 3. Act subject to petition - effective date. This act19
	289	+	takes effect at 12:01 a.m. on the day following the expiration of the20
	290	+	ninety-day period after final adjournment of the general assembly; except21
	291	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V22
	292	+	of the state constitution against this act or an item, section, or part of this23
	293	+	act within such period, then the act, item, section, or part will not take24
	294	+	effect unless approved by the people at the general election to be held in25
	295	+	November 2026 and, in such case, will take effect on the date of the26
	296	+	official declaration of the vote thereon by the governor.27
	297	+	1015
	298	+	-9-