Colorado § 16-4-107 - Hearing after setting of monetary conditions of bond.

§ 16-4-107. Hearing after setting of monetary conditions of bond.

(1) If a person is in custody and the court imposed a monetary condition of bond for release, and the person, after seven days from the setting of the monetary condition of bond, is unable to meet the monetary obligations of the bond, the person may file a written motion for reconsideration of the monetary conditions of the bond. The person may only file the written motion pursuant to this section one time during the pendency of the case and may only file the written motion if he or she believes that, upon presentation of evidence not fully considered by the court, he or she is entitled to a personal recognizance bond or an unsecured bond with conditions of release or a change in the monetary conditions of bond. The court shall promptly conduct a hearing on this motion for reconsideration, but the hearing must be held within fourteen days after the filing of the motion. However, the court may summarily deny the motion if the court finds that there is no additional evidence not fully considered by the court presented in the written motion. In considering the motion, the court shall consider the results of any empirically developed risk assessment instrument.

(2) Nothing in this section shall preclude a person from filing a motion for relief from a monetary condition of bond pursuant to section 16-4-109 at any time during the pendency of the case.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 830, § 2, effective May 11. L. 2014: Entire section amended, (SB 14-212), ch. 397, p. 1999, § 5, effective July 1.

ANNOTATION

Equal protection not violated. Persons detained pursuant to this section are not similarly situated to persons detained pursuant to § 16-4-103 and the difference in treatment accorded the two classes of detainees is rationally related to a legitimate state interest. People v. Fields, 697 P.2d 749 (Colo. App. 1984).

It is not incumbent upon defendant to affirmatively show validity of bond after the bond is executed. Stephenson v. District Court, 629 P.2d 1078 (Colo. 1981).

This section provides for notice where the amount or conditions of bail are to be altered. Vaughn v. District Court, 192 Colo. 348, 559 P.2d 222 (1977).

Court not to modify executed bond sua sponte. This section makes no provision for a trial court, sua sponte, to modify a defendant's bond once that bond has been executed. Stephenson v. District Court, 629 P.2d 1078 (Colo. 1981).

There is no prior notice requirement for exoneration of the surety when the principal is surrendered in open court. Vaughn v. District Court, 192 Colo. 348, 559 P.2d 222 (1977).

Notification of sureties when bail converted to personal recognizance. The notice provision for sureties in § 16-4-105 (1)(p) applies to a person for whom bail has not yet been fixed and who is on release under a surety bond on a pending charge different from the charge from which he seeks release on personal recognizance. Since defendant is not seeking release, but rather simply seeking to modify the type of bond on which he has already been released, the provisions of this section also do not apply. People v. Anderson, 789 P.2d 1115 (Colo. App. 1990).