C.R.S. Section 16-4-109
Reduction or increase of monetary conditions of bond

  • change in type of bond or conditions of bond
  • definitions

(1)

Upon application by the district attorney or the defendant, the court before which the proceeding is pending may increase or decrease the financial conditions of bond, may require additional security for a bond, may dispense with security theretofore provided, or may alter any other condition of the bond. If the defendant applies to decrease the financial considerations of bond or modify bond conditions, the court shall set the application for hearing if the case is subject to part 3 of article 4.1 of title 24.

(2)

Reasonable notice of an application for modification of a bond by the defendant shall be given to the district attorney.

(3)

Reasonable notice of application for modification of a bond by the district attorney shall be given to the defendant, except as provided in subsection (4) of this section.

(4)

Intentionally left blank —Ed.

(a)

Upon verified application by the district attorney or a bonding commissioner stating facts or circumstances constituting a breach or a threatened breach of any of the conditions of the bond, the court may issue a warrant commanding any peace officer to bring the defendant without unnecessary delay before the court for a hearing on the matters set forth in the application. Upon issuance of the warrant, the bonding commissioner shall notify the bail bond agent of record by electronic mail to the agent if available within twenty-four hours or by certified mail not more than fourteen days after the warrant is issued. At the conclusion of the hearing, the court may enter an order authorized by subsection (1) of this section. If a bonding commissioner files an application for a hearing pursuant to this subsection (4), the bonding commissioner shall notify the district attorney, for the jurisdiction in which the application is made, of the application within twenty-four hours following the filing of the application.

(b)

As used in this subsection (4), “bonding commissioner” means a person employed by a pretrial services program as described in section 16-4-106 (3), and so designated as a bonding commissioner by the chief or presiding judge of the judicial district.

(5)

The district attorney has the right to appear at all hearings seeking modification of the terms and conditions of bond and may advise the court on all pertinent matters during the hearing.

Source: Section 16-4-109 — Reduction or increase of monetary conditions of bond - change in type of bond or conditions of bond - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-16.­pdf (accessed Oct. 20, 2023).

Green check means up to date. Up to date

Current through Fall 2024

§ 16-4-109’s source at colorado​.gov