HOUSE BILL 25-1015
BY REPRESENTATIVE(S) Mabrey and Zokaie, Bacon, Boesenecker,
Brown, Camacho, Clifford, Duran, Espenoza, Garcia, Gilchrist, Hamrick,
Joseph, Lieder, Lindsay, Marshall, Martinez, Phillips, Rutinel, Rydin,
Sirota, Stewart R., Titone, Velasco, Woodrow, McCluskie;
also SENATOR(S) Rodriguez and Gonzales J., Amabile, Jodeh, Kipp,
Sullivan, Weissman.
C
ONCERNING CLARIFYING CHANGES TO ENSURE THAT BOND CAN BE POSTED
ONLINE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 16-4-102, amend
(2)(b), (2)(c), (2)(d), (2)(e), (2)(f), (2)(h)(I)(A), (2)(i)(I), (2)(i)(II), (2)(j)(I),
and (2)(j)(II) as follows:
16-4-102. Right to bail - before conviction. (2) (b) (I) A judge,
judicial officer, or bond hearing officer shall not require a monetary bond
to be paid POSTED in the defendant's name. Bond may be paid POSTED, at a
minimum, by cash, money order, or cashier's check. B
OND MAY BE POSTED
ONLINE
, AT A MINIMUM, BY CREDIT CARD. If bond is paid
POSTED by money
order or cashier's check, the money order or cashier's check may be payable
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. to the holding county. Before bond is posted, the sheriff shall provide the
defendant and surety
OR THIRD-PARTY PAYER, if any, a copy of the notice
described in subsection (2)(h)(I) of this section. When the bond is posted,
the sheriff shall provide the defendant and surety
OR THIRD-PARTY PAYER,
if any, a copy of the bond paperwork and information regarding the
defendant's next court date. The individual processing the bond shall certify,
in writing, that the payor
DEFENDANT AND SURETY OR THIRD -PARTY PAYER,
IF ANY, received a copy of the bond paperwork, the notice described in
subsection (2)(h)(I) of this section, and information regarding the
defendant's next court date and shall place a copy of the certification in the
defendant's file. Notwithstanding the provisions of this section, a sheriff
may allow an individual to choose to stay in jail overnight after release
when extenuating circumstances exist, including inclement weather, lack of
transportation, or lack of shelter.
(II) By January 1, 2022
OCTOBER 1, 2025, each jail shall establish
a means to pay POST bond online without the need for the payor SURETY OR
THIRD
-PARTY PAYER to go to the jail in person to pay
POST bond. EACH
SHERIFF SHALL POST INSTRUCTIONS ON THE SHERIFF
'S WEBSITE DESCRIBING
HOW TO POST BOND ONLINE
. ALL BONDS OF ANY AMOUNT THAT ARE
POSTABLE IN PERSON MUST BE POSTABLE ONLINE
. DEFENDANTS AND
SURETIES OR THIRD
-PARTY PAYERS THAT POST BOND ONLINE HAVE THE SAME
RIGHTS THAT ARE AFFORDED TO A PERSON WHEN POSTING IN PERSON
,
SPECIFICALLY:
(A) T
HE SHERIFF SHALL PROVIDE THE DEFENDANT AND SURETY OR
THIRD
-PARTY PAYER, IF ANY, A COPY OF THE NOTICE DESCRIBED IN
SUBSECTION
(2)(h)(I) OF THIS SECTION; AND
(B) THE SHERIFF SHALL PROVIDE THE DEFENDANT AND SURETY OR
THIRD
-PARTY PAYER, IF ANY, A COPY OF THE BOND PAPERWORK AND
INFORMATION REGARDING THE DEFENDANT
'S NEXT COURT DATE.
(c) The custodian of a jail shall ensure the defendant, a surety on
behalf of the defendant, or another third party on behalf of the defendant is
not charged more than a ten-dollar bond processing fee,
INCLUDING WHEN
BOND IS POSTED ONLINE
.
(d) The custodian of a jail shall also ensure the defendant, a surety
on behalf of the defendant, or another third party on behalf of the defendant
PAGE 2-HOUSE BILL 25-1015 is not charged any additional transaction fees, including kiosk fees,
INCLUDING WHEN BOND IS POSTED ONLINE ; except that the standard credit
card processing fee that the credit card company charges may be charged
when a credit card is used, or, when a third-party vendor provides
defendants the option to pay
POST monetary bond with a credit card, the
defendant can MAY be required to pay up to NOT MORE THAN a
three-and-one-half percent credit card payment processing fee.
(e) Unless extraordinary circumstances exist, the custodian of a jail
shall release a defendant who is granted a personal recognizance bond as
soon as practicable but no later than six hours after the defendant is
physically present in the jail. Unless extraordinary circumstances exist, the
custodian of a jail shall release a defendant who is granted a cash bond as
soon as practicable but no later than six hours after bond is set, after the
defendant is physically present in the jail, and after the defendant, or
surety,
OR THIRD-PARTY PAYER notifies the jail that the defendant, or surety, OR
THIRD
-PARTY PAYER is prepared to post bond. IF BOND IS POSTED ONLINE,
THE SIX-HOUR RELEASE TIMELINE BEGINS WHEN THE DEFENDANT , SURETY,
OR THIRD-PARTY PAYER SUBMITS PAYMENT FOR A BOND ONLINE OR
ELECTRONICALLY FILES A POWER OF ATTORNEY PURSUANT TO SECTION
10-2-418. If the custodian fails to release the defendant within six hours, the
custodian shall inform the defendant and any person posting bond on behalf
of the defendant the reason for the delay and shall document the reason for
the delay in the defendant's file. A supervisory condition of release does not
serve as a legal basis to continue to detain the defendant; except that, if the
defendant is ordered released upon condition of being subject to electronic
monitoring, the defendant may be held up to as long as practicable but no
longer than twenty-four hours after the defendant is physically present in the
jail and the defendant's bond has been posted, if such delay is necessary to
ensure the defendant is fitted with electronic monitoring and the court has
authorized the defendant to be held until the electronic monitor is fitted. If
the court orders electronic monitoring for the protection of a specific
individual, and the defendant is ordered to have no contact with that
specific individual, and the judge orders that the defendant not be released
without electronic monitoring based on finding that the electronic
monitoring is necessary for public safety, then the time limits regarding
release of the defendant in this subsection (2)(e) do not apply. However, if
a defendant is held more than twenty-four hours after posting bond awaiting
electronic monitoring fitting, the sheriff shall bring the defendant to the
court the next day the court is in session and explain the reason for the
PAGE 3-HOUSE BILL 25-1015 delay.
(f) A defendant who WHOSE BOND has BEEN posted, bond,
INCLUDING WHEN BOND HAS BEEN POSTED ONLINE , must be released
regardless of whether the defendant has paid any outstanding fee, cost, or
surcharge, including bond processing fees, booking fees, pretrial
supervision fees, or electronic monitoring supervision fees.
(h) (I) (A) Each sheriff shall post the following notice of rights on
the sheriff's website and information about how to file a complaint about
violations of subsections (2)(b) to (2)(g)
SUBSECTIONS (2)(b) TO (2)(f) of
this section:
Legal Rights Related to Posting Money Bond
Pursuant to Section 16-4-102, Colorado Revised Statutes
1.Bond fees, booking fees, and other fees or debts
never need to be paid to secure a person's release on
money bond,
INCLUDING WHEN BOND IS POSTED ONLINE . A
payor
DEFENDANT, SURETY, OR ANOTHER THIRD-PARTY PAYER
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
SURETY OR ANOTHER THIRD-PARTY PAYER
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,
INCLUDING WHEN BOND IS POSTED ONLINE .
3. Bond payments are to be made out to the holding
county and are never to be made out in the name of the
incarcerated person.
4.A sheriff must release a defendant within six hours
after a personal recognizance bond is set and the
defendant has returned to jail or within six hours after a
cash bond has been set and the defendant has returned to
jail and the defendant, or
surety, OR THIRD-PARTY PAYER
notified the jail that bond is prepared to be posted, unless
extraordinary circumstances exist. I
F BOND IS POSTED ONLINE,
THE SIX-HOUR RELEASE TIMELINE BEGINS WHEN THE
DEFENDANT
, SURETY, OR THIRD-PARTY PAYER SUBMITS
PAYMENT FOR A BOND OR ELECTRONICALLY FILES A POWER OF
PAGE 4-HOUSE BILL 25-1015 ATTORNEY. In the event of a delay of more than six hours, a
surety
OR THIRD-PARTY PAYER and the defendant have a right
to know what, if any, extraordinary circumstance is causing
the delay. Supervisory conditions of release do not justify a
delay in release; except that a sheriff may hold a defendant
for up to 24 hours if necessary to ensure a defendant is fitted
with required electronic monitoring.
5. Anyone who posts a money bond,
INCLUDING BOND
POSTED ONLINE
, has the right to receive a copy of the bond
paperwork, including documentation of the next upcoming
court date.
6.A surety
OR THIRD-PARTY PAYER may never be
asked to use posted bond money to pay a defendant's
debts. Only when defendants have posted their own money
bond may they be asked if they would like to voluntarily
relinquish bond money to pay their debts,
INCLUDING WHEN
BOND IS POSTED ONLINE
. Relinquishment of bond money by
a defendant to pay a debt is never required and is entirely a
voluntary choice by the defendant.
(i) Each sheriff shall post a notice both in the common area of the
jail in a location clearly visible to the inmates and in the public portion of
the jail where a person posts bond, clearly visible to a person posting bond,
that contains the following information:
(I) Bond fees, booking fees, and other fees or debts never need to be
paid to secure a person's release on money bond,
INCLUDING WHEN BOND IS
POSTED ONLINE
. A payor
DEFENDANT, SURETY, OR OTHER THIRD-PARTY
PAYER
need only pay the bond amount in order to secure release.
(II) The sheriff shall release a defendant within six hours after a
personal recognizance bond is set and the defendant has returned to jail or
within six hours after a cash bond has been set and the defendant has
returned to jail and the defendant or surety
OR THIRD-PARTY PAYER notified
the jail that bond is prepared to be posted, unless extraordinary
circumstances exist. I
F BOND IS POSTED ONLINE, THE SIX-HOUR RELEASE
TIMELINE BEGINS WHEN THE DEFENDANT OR SURETY OR THIRD
-PARTY PAYER
SUBMITS PAYMENT FOR A BOND OR ELECTRONICALLY FILES A POWER OF
ATTORNEY
. However, a sheriff may hold a defendant for up to twenty-four
hours if necessary to ensure a defendant is fitted with required electronic
PAGE 5-HOUSE BILL 25-1015 monitoring.
(j) (I) Each sheriff shall create written policies to comply with this
subsection (2) by October 1, 2021 OCTOBER 1, 2025. The sheriff shall post
the policies on the sheriff's website and distribute them to all staff. The
sheriff shall train all staff who process bonds or interact with inmates on the
policies.
(II) Each sheriff shall review and update the sheriff's website,
signage, paperwork, and forms related to bonding to reflect current law by
October 1, 2021
OCTOBER 1, 2025, and update the sheriff's website,
signage, paperwork, and forms related to bonding as necessary thereafter.
SECTION 2. In Colorado Revised Statutes, 16-4-111, amend (1)
as follows:
16-4-111. Disposition of security deposits upon forfeiture or
termination of bond. (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,
INCLUDING WHEN BOND IS POSTED ONLINE .
(b) (I) If the depositor of the cash bond is the defendant and the
defendant owes court costs, fees, fines, restitution, or surcharges at the time
the defendant is discharged from all liability under the terms of the bond,
the court may apply the deposit toward any amount owed by the defendant
in court costs, fees, fines, restitution, or surcharges if the defendant
voluntarily agrees in writing to the use of the deposit for such purpose. A
defendant shall not be
IS NOT required to agree to apply the deposit toward
any amount owed by the defendant as a condition of release,
INCLUDING
WHEN BOND IS POSTED ONLINE
. If any amount of the deposit remains after
paying the defendant's outstanding court costs, fees, fines, restitution, or
surcharges, the court shall return the remainder of the deposit to the
defendant.
(II) If the depositor of the cash bond is not the defendant but the
defendant owes court costs, fees, fines, restitution, or surcharges at the time
the defendant is discharged from all liability under the terms of the bond,
the court shall not apply the deposit toward the amount owed by the
PAGE 6-HOUSE BILL 25-1015 defendant in court costs, fees, fines, restitution, or surcharges. The court
shall return the deposit to the depositor,
INCLUDING WHEN A BOND IS POSTED
ONLINE
.
(III) A depositor of a cash bond who is not the defendant may
deposit bond funds directly with the jail. The depositor shall not be
IS NOT
required to pay any additional fees, costs, or surcharges other than the bond amount and bond processing fee. The depositor shall not be
IS NOT required
to apply bond funds to the defendant's inmate account for payment of the
bond and shall not be
IS NOT required to deposit money in the defendant's
name,
INCLUDING WHEN A BOND IS POSTED ONLINE .
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 7-HOUSE BILL 25-1015 November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 25-1015