SENATE
                       3rd Reading Unamended
                     May 4, 2011      SENATE
                Amended 2nd Reading
                        May 3, 2011First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 11-0336.01 Michael Dohr         SENATE BILL 11-186
                   SENATE SPONSORSHIP
 Morse, 
 
                    HOUSE SPONSORSHIP
 Waller, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 Appropriations
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the establishment of an alternative bond
            program.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill permits an alternative bond program to be established in
       any judicial district.  A court is allowed to provide the option of the
       alternative bond program to a defendant if there is such a program in that
       judicial district.  A law enforcement agency may work with an alternative
       bond program to secure the appearance of defendants in the program.  A
       pretrial services program with an alternative bond program is permitted
       to expend a portion of the moneys collected for pretrial services.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  16-4-104 (1), Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW PARAGRAPH to read:
            16-4-104.  Bail bond - alternatives.  (1)  When the amount of bail
       is fixed by the judge of a court of record, the judge shall also determine
       which of the following kinds of bond shall be required for the pretrial
       release of the defendant:
            (c)  The defendant may be released from custody by
       posting with the court an alternative bond that is a percentage
       of the total amount of the bond set by the court, not to exceed
       the percentage described in section 12-7-108, C.R.S., if the court
       has authorized the alternative bond and the judicial district in
       which the defendant has appeared has an alternative bond
       program, as described in section 16-4-105 (3) (d.5), that has been
       designated to administer this type of bond alternative.  The
       alternative bond that is a percentage of the total amount of
       the bond set by the court shall be secured for the full amount
       of the bond in the manner required by the court.
            SECTION 2.  16-4-105 (3), Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW PARAGRAPH to read:
            16-4-105.  Selection by judge of the amount of bail and type of
       bond - criteria.  (3) (d.5) (I)  If authorized by the chief judge of the
       judicial district, any pretrial services program established
       pursuant to paragraph (b) of this subsection (3) may create and
       administer an alternative bond program.  A defendant who has
       a bond that is set at five thousand dollars or less is eligible for
       the alternative bond program immediately after the court sets
       the bond amount.  A defendant who has a bond that is set at
       more than five thousand dollars is eligible for the alternative
       bond program five days after the court sets the bond amount. 
       Under an alternative bond program, a defendant may be
       released from custody by posting with the court a percentage
       of the total amount of the bond set by the court, not to exceed
       the percentage described in section 12-7-108, C.R.S., if permitted
       by the court.  The alternative bond that is a percentage of the
       total amount of the bond set by the court shall be secured for
       the full amount of the bond in any manner as required by the
       court.  The pretrial services program shall establish an
       account in which to deposit the moneys and may expend and
       distribute the moneys as authorized in subparagraph (II) of this
       paragraph (d.5).
            (II)  The pretrial services program may retain up to fifty
       percent of the moneys posted through the alternative bond
       program for development and administration of pretrial
       treatment services for defendants, the costs of securing a
       defendant's appearance in court when a defendant fails to
       appear, or any other costs that are reasonable and necessary
       for the administration of a pretrial services program.  Any law
       enforcement agency may work in conjunction with a pretrial
       services program to develop and administer a system to secure
       the appearance of a defendant who participates in an
       alternative bond program.  If the defendant appears in court
       pursuant to the terms and conditions of bond, the remaining
       moneys shall be returned to the defendant at the conclusion of
       the defendant's case; except that, if the defendant is convicted,
       the remaining moneys shall first pay any fines, fees, costs,
       surcharges, and restitution assessed against the defendant, and
       the balance of the defendant's moneys, if any, shall be returned
       to the defendant.
            SECTION 3.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.