Colorado § 13-45-106 - Bail - recognizance - binding witness.

§ 13-45-106. Bail - recognizance - binding witness.

(1) When any person is admitted to bail on habeas corpus, he shall enter into recognizance with one or more securities in such sum as the court directs, having regard to the circumstances of the prisoner and the nature of the offense, conditioned upon his appearance at the district court held in and for the county where the offense was committed or where the same is to be tried. Where any court admits to bail or remands any prisoner brought before it on any writ of habeas corpus, it is the duty of the court to bind all such persons who declare anything material to prove the offense with which the prisoner is charged by recognizance to appear at the proper court having cognizance of the offense, upon a date certain, to give evidence touching the offense and not to depart the court without leave.

(2) Repealed.

Source: R.S. p. 354, § 4. G.L. § 1326. G.S. § 1612. R.S. 08: § 2922. C.L. § 6491. CSA: C. 77, § 6. CRS 53: § 65-1-6. C.R.S. 1963: § 65-1-6. L. 2021: (2)(b) added by revision, (SB 21-271), ch. 462, pp. 3158, 3331, §§ 158, 803.

Editor's note: Subsection (2)(b) provided for the repeal of subsection (2), effective March 1, 2022. (See L. 2021, pp. 3158, 3331.)

ANNOTATION

Admission to bail pending proceedings for review of an order or judgment in a habeas corpus proceeding is largely statutory. Thus, apart from applicable statute authorizing admission to bail in such a case, where the habeas corpus proceedings were dismissed and the prisoner remanded, the court will not admit to bail pending an appeal and thereby grant indirectly the very relief which was previously denied him. People ex rel. Patterson v. District Court, 157 Colo. 69, 401 P.2d 88 (1965).

Prisoner cannot be freed by bail on appeal from denial of habeas corpus. In a habeas corpus proceeding, where the trial court has heard the case and discharged the writ, that court has no power to release a prisoner on bond who has been legally convicted and sentenced for commission of a crime, pending a review of the judgment dismissing the writ. People ex rel. Patterson v. District Court, 157 Colo. 69, 401 P.2d 88 (1965).