HB 18-1089

HB 18-1089, a Colorado bill that has been signed into law, aims to reduce financial barriers for people charged with misdemeanors or petty offenses by prohibiting courts from requiring them to pay bail as a condition of release. Instead, defendants must sign a written agreement promising to appear in court and follow other conditions set by the judge. The law also allows individuals who remain in custody due to an inability to meet monetary bond requirements to request a hearing within five days to reconsider those financial conditions. This bill affects anyone arrested for non-felony offenses and aims to ensure fairer pretrial treatment by removing financial burdens that can lead to unnecessary detention.

Official Summary

The bill states that, except in certain cases, a court shall not require a defendant arrested and charged for any misdemeanor, petty offense, or municipal code violation to post monetary bail as a condition of being discharged from custody. A defendant who is charged with an offense other than a felony may not be released from custody under his or her own recognizance until he or she signs and files with the clerk of the court or other designated person a written release agreement that includes certain promises. Current law requires any pretrial services program to be established pursuant to a plan formulated by a community advisory board created for such purpose and appointed by the chief judge of the judicial district. The bill makes this requirement merely permissible. The bill states that if a person is in custody and the court imposed a monetary condition of bond for release, and the person, after 5 days from the setting of the monetary condition of bond, remains in custody because he or she is unable to meet the monetary obligations of the bond, upon motion of the person, the court shall forthwith conduct a hearing to reconsider the monetary condition of the bond. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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