Colorado § 16-4-201.5 - Right to bail after a conviction - exceptions.

§ 16-4-201.5. Right to bail after a conviction - exceptions.

(1) The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by this part 2; except that no bail is allowed for persons convicted of:

(a) Murder;

(b) Any felony sexual assault involving the use of a deadly weapon;

(c) Any felony sexual assault committed against a child who is under fifteen years of age;

(d) A crime of violence, as defined in section 18-1.3-406, C.R.S.;

(e) Any felony during the commission of which the person used a firearm;

(f) A crime of possession of a weapon by a previous offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), as those provisions existed prior to their repeal on March 1, 2022;

(g) Child abuse, as described in section 18-6-401 (7)(a)(I), C.R.S.;

(h) A class 5 felony act of domestic violence, as described in section 18-6-801 (7);

(i) A second or subsequent offense for stalking that occurs within seven years after the date of a prior offense for which the person was convicted, as described in section 18-3-602 (3)(b); or

(j) Stalking when there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect that protected the victim from the person, including but not limited to stalking, as described in section 18-3-602 (5).

(2) The court shall not set bail that is otherwise allowed pursuant to subsection (1) of this section unless the court finds that:

(a) The person is unlikely to flee and does not pose a danger to the safety of any person or the community; and

(b) The appeal is not frivolous or is not pursued for the purpose of delay.

(3) The provisions of this section shall apply to offenses committed on or after January 1, 1995.

Source: L. 99: Entire section added, p. 57, § 8, effective March 15. L. 2000: (1) amended, p. 635, § 6, effective July 1. L. 2002: (1)(d) amended, p. 1490, § 132, effective October 1. L. 2007: (1)(e) and (1)(f) amended and (1)(g) added, p. 1686, § 2, effective July 1. L. 2017: (1)(f) amended and (1)(h), (1)(i), and (1)(j) added, (HB 17-1150), ch. 182, p. 665, § 1, effective August 9. L. 2023: (1)(f) amended, (HB 23-1301), ch. 303, p. 1820, § 19, effective August 7.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1)(d), see section 1 of chapter 318, Session Laws of Colorado 2002.

ANNOTATION

The appeal bond exceptions in subsection (2) do not conflict with the requirement in § 16-2-114 (6) to stay the execution of a sentence pending appeal. County courts can comply with the requirements of both statutes. Stays of execution and bail are separate processes and a court can stay the execution of a sentence while also denying bail. People v. Lewis, 2024 CO 57, 555 P.3d 576.

Section 16-4-204 provides the exclusive method of appeal for trial court rulings on appeal bonds under this section. People v. Lewis, 2024 CO 57, 555 P.3d 576.