Colorado § 19-2.5-306 - Conditions of release - personal recognizance bond.

§ 19-2.5-306. Conditions of release - personal recognizance bond.

(1) Unless the district attorney consents, a juvenile charged or accused of having committed a delinquent act that constitutes a felony or a class 1 misdemeanor shall not be released without an unsecured personal recognizance bond, if:

(a) The juvenile has been found guilty of a delinquent act constituting a felony or class 1 misdemeanor within one year prior to the juvenile's detention;

(b) The juvenile is currently at liberty on another bond of any type; or

(c) The juvenile has a delinquency petition alleging a felony pending in any district or juvenile court for which probable cause has been established.

(2) In lieu of an unsecured personal recognizance bond, a juvenile who the court determines poses a substantial risk of serious harm to others may be placed in a preadjudication service program established pursuant to section 19-2.5-606.

(3) An application for the revocation or modification of the conditions of an unsecured personal recognizance bond must be made in accordance with section 16-4-109; except that the presumption described in section 19-2.5-305 (3)(a)(V) must continue to apply for the purposes of this section.

(4) (a) In determining the conditions of release for the juvenile, the judge or magistrate fixing the same shall consider the criteria set forth in section 16-4-103. If the juvenile is a pregnant or postpartum juvenile who has complied with the notice requirement set forth in section 19-2.5-1118.5, the judge or magistrate shall consider the juvenile's pregnancy or postpartum status in determining the conditions of release.

(a.5) The judge or magistrate is encouraged to take into consideration the juvenile's educational progress and ability to achieve credits toward graduation.

(b) In setting, modifying, or continuing an unsecured personal recognizance bond, it must be a condition that the released juvenile appear at any place and upon any date to which the proceeding is transferred or continued. Further conditions of the unsecured personal recognizance bond must be that the released juvenile not commit any delinquent acts or harass, intimidate, or threaten any potential witnesses. Except as described in subsection (9) of this section, the judge or magistrate may set any other conditions or limitations on the juvenile's release as are reasonably necessary for the protection of the community. A juvenile who is ordered held at the detention hearing or pursuant to an order entered at any time after the initial detention hearing and who remains in custody or detention must be tried on the charges within sixty days after the entry of the court order detaining the juvenile or within sixty days after the juvenile's entry of a plea, whichever date is earlier; except that, if the juvenile requests a jury trial pursuant to section 19-2.5-610, section 19-2.5-610 (4) applies.

(5) Repealed.

(6) The court shall not order that any personal recognizance bond be secured by monetary or property conditions of the juvenile, the juvenile's parent, guardian, legal custodian, or other responsible adult.

(7) The parent, guardian, legal custodian, or any other responsible adult for a juvenile released on a personal recognizance bond pursuant to this section may petition the court to revoke the bond and remand the juvenile into custody if the parent, guardian, legal custodian, or other responsible adult determines that he or she is unable to control the juvenile. The court shall apply the presumption specified in section 19-2.5-305 (3)(a)(V) in determining whether to revoke the personal recognizance bond.

(8) A juvenile may be released on an unsecured personal recognizance bond, or as otherwise provided in this section regardless of whether the juvenile appears in court pursuant to a summons or a warrant.

(9) A judge or magistrate may only impose an unsecured personal recognizance bond without monetary or property conditions to secure the juvenile's future appearance. A judge or magistrate shall not impose a bond with secured monetary or property conditions for a juvenile.

Source: L. 2021: IP(1), (2), (3), (4), (6), (7), and (8) amended, (5) repealed, and (9) added, (SB 21-071), ch. 463, p. 3334, § 3, effective July 6; entire article added with relocations, (SB 21-059), ch. 136, p. 588, § 2, effective October 1. L. 2023: (4)(a) amended, (HB 23-1187), ch. 246, p. 1347, § 8, effective August 7. L. 2024: (4)(a.5) added, (HB 24-1216), ch. 314, p. 2115, § 3, effective August 7.

Editor's note: (1) This section is similar to former § 19-2-509 (1) to (8) as it existed prior to 2021.

(2) Subsections IP(1), (2), (3), (4), (5), (6), (7), (8), and (9) were numbered as 19-2-509 IP(1), (2), (3), (4), (5), (6), (7), (8), and (10) in SB 21-071 (see L. 2021, p. 3334). Those provisions were harmonized with subsections IP(1), (2), (3), (4), (5), (6), (7), (8), and (9) of this section as they appear in SB 21-059.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Child does not have an absolute constitutional or statutory right to bail pending adjudication of the charges filed against him in juvenile court. L.O.W. v. District Court, 623 P.2d 1253 (Colo. 1981).

Court's discretion to detain subordinated to right to bail. The trial court has discretion under subsection (3) to detain a juvenile, but under former subsection (7) (now subsection (5)) its discretion is subordinated to a juvenile's right to bail. L.O.W. v. District Court, 623 P.2d 1253 (Colo. 1981).

And bail denied only where detention necessary to protect child or others. A trial court may detain a juvenile without bail only after giving due weight to the presumption that a juvenile should be released pending a dispositional hearing except in narrowly defined circumstances where the state establishes that detention is necessary to protect the child from imminent harm or to protect others in the community from serious bodily harm which the child is likely to inflict. L.O.W. v. District Court, 623 P.2d 1253 (Colo. 1981).

Section 19-2-509 (4)(b) is a bail statute and not a speedy trial statute. As such, the remedy for a violation of subsection (4)(b) corresponds to a bail right and not a speedy trial right, and the remedy for a violation of subsection (4)(b) is for the court to immediately hold a bail hearing and order the juvenile's release. People in Interest of G.S.S., 2020 CO 32, 462 P.3d 592.

Court properly recalculated speedy trial period pursuant to this section to run from date that the juvenile entered a not guilty plea. Juvenile was originally held without bail. The juvenile was later committed to the department of youth corrections in another case. The court later vacated the no-bond hold and released the juvenile on the charges in this case. As the juvenile was not detained because of this case, the speedy trial provisions of § 19-2-508 (3)(a)(IV)(D) did not apply. People ex rel. T.A., 91 P.3d 473 (Colo. App. 2004).

Court violated juvenile's statutory speedy trial rights by not holding the adjudicatory trial within sixty days of the entry of the no-bond hold order when juvenile did nothing to delay the setting or occurrence of a trial within the sixty-day speedy trial period. Juvenile's requested continuances of the detention and dispositional hearings did not toll, waive, or extend the speedy trial clock when counsel's actions on behalf of juvenile were designed to get juvenile released, not to delay a trial date. People in Interest of G.S.S., 2019 COA 4M, 467 P.3d 1131, rev'd on other grounds, 2020 CO 32, 462 P.3d 592.

Juvenile is entitled to dismissal when a violation of speedy trial occurs, regardless of whether the speedy trial period has been established by a no-bond hold order or entry of a not guilty plea. People in Interest of G.S.S., 2019 COA 4M, 467 P.3d 1131, rev'd on other grounds, 2020 CO 32, 462 P.3d 592.

PART 4

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