SB 22-041

Senate Bill 22-041, titled "Pretrial Release For Repeat And Violent Offenders," changes how courts handle the release of people accused of serious crimes. Currently, if someone is charged with a felony or certain misdemeanors and has a history of similar offenses within five years, they can only be released on bail after getting permission from the district attorney or by meeting strict conditions set by the court. The bill removes these requirements and states that such individuals cannot be released without posting at least $7,500 in bail. This affects people who have committed repeat offenses or violent crimes. Since the status of the bill is "signed," it has been approved and enacted into law, meaning its provisions are now enforceable by courts in Colorado.

Official Summary

Current law prohibits a court from releasing a person on an unsecured personal recognizance bond without consent of the district attorney or unless the court imposes certain additional individualized conditions of release if the person is presently free on another bond of any kind in another criminal action involving a felony or a class 1 misdemeanor, has a record of conviction of a class 1 misdemeanor within 2 years or a felony within 5 years, has willfully failed to appear on bond in any case involving a felony or a class 1 misdemeanor charge in the preceding 5 years (collectively, persons accused of repeat or violent offenses). The bill removes the provisions regarding district attorney consent and additional conditions of release and prohibits a court from releasing a person accused of repeat or violent offenses on any unsecured personal recognizance bond. The bill adds to persons accused of repeat or violent offenses a person who is accused of committing a crime of violence and the court finds probable cause to believe that the person has committed the offense. Existing law requires any monetary condition of pre-trial release to be reasonable. The bill clarifies that for a person accused of repeat or violent offenses, a reasonable monetary condition is at least $7,500. (Note: This summary applies to this bill as introduced.)