HOUSE BILL 971241
BY REPRESENTATIVES Reeser, Pfiffner, Tool, Arrington, Dean, George, Lamborn, Mace, Paschall, Schwarz, and Sullivant;
also SENATORS Powers and Arnold.
CONCERNING PRETRIAL RELEASE OF PERSONS CHARGED WITH
A CRIME.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 164105
(1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
164105. Selection by judge of the
amount of bail and type of bond criteria.
(1) In determining the amount of bail and the type of bond to
be furnished by the defendant, the judge fixing the same shall
consider and be governed by the following criteria:
(n.5) UNLESS THE DISTRICT ATTORNEY CONSENTS,
NO PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER OR IS BEING CHARGED
AS AN ADULT PURSUANT TO SECTION 192517, C.R.S., OR
TRANSFERRED TO THE DISTRICT COURT PURSUANT TO SECTION 192518,
C.R.S., SHALL BE RELEASED ON PERSONAL RECOGNIZANCE IF THE PERSON'S
CRIMINAL RECORD INDICATES THAT HE OR SHE FAILED TO APPEAR ON BOND
IN ANY CASE INVOLVING A FELONY OR CLASS 1 MISDEMEANOR CHARGE IN
THE PRECEDING FIVE YEARS.
SECTION 2. 164105
(3), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
164105. Selection by judge
of the amount of bail and type of bond criteria. (3) (e) EACH
PRETRIAL SERVICES PROGRAM ESTABLISHED PURSUANT TO THIS SUBSECTION
(3) SHALL PROVIDE AN ANNUAL REPORT TO THE CHIEF JUDGE OF THE JUDICIAL
DISTRICT WHICH IT SERVES. THE JUDICIAL DEPARTMENT SHALL PRESENT
AN ANNUAL COMBINED REPORT TO THE HOUSE AND SENATE JUDICIARY COMMITTEES
OF THE GENERAL ASSEMBLY. THE REPORT SHALL INCLUDE BUT IS NOT LIMITED
TO THE FOLLOWING INFORMATION:
(I) THE NUMBER OF INTERVIEWS CONDUCTED
WITH DEFENDANTS;
(II) THE NUMBER AND NATURE OF RECOMMENDATIONS
MADE;
(III) THE NUMBER OF DEFENDANTS UNDER PRETRIAL
RELEASE SUPERVISION WHO FAILED TO APPEAR; AND
(IV) ANY ADDITIONAL INFORMATION THE COURT
MAY REQUEST.
SECTION 3. Effective
date applicability. (1) This
act shall take effect at 12:01 a.m. on the day following the expiration
of the ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
(2) The provisions of this act shall apply
to offenses committed on or after the applicable effective date
of this act.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO