Right To Bond Requirements
The Sheriff or the authorized designee shall create written procedures to ensure (CRS § 16-4-102):
- Arrestees are brought before a court for bond setting as soon as practicable but no later than 48 hours after arrival at the jail, absent extraordinary circumstances. (this sub-section "a" is not effective until April 1, 2022 in accordance with CRS 16-4-102)
- Arrestees who are granted a bond are released as soon as practicable but no later than six hours after being returned to or being physically present in the jail, absent extraordinary circumstances.
- Appropriate notifications to the arrestee and surety are made and documentation is completed in the event of a delay in release.
- A notice of rights regarding the bond and release procedure and information regarding a complaint process are posted and distributed in accordance with CRS § 16-4-102.
- The Park County Sheriffs Office's website, signage, and written materials related to the bond and release procedure are reviewed and updated periodically.
The Sheriff shall ensure that all members having interactions with arrestees and inmates receive appropriate training on the written procedures (CRS § 16-4-102).
The Sheriff shall ensure that the initial certificate of compliance and required attachments and any required subsequent submissions are transmitted to the Division of Criminal Justice as directed by the Division (CRS § 16-4-102).
Legal Rights Related to Posting Money Bond
Pursuant to Section 16-4-102, Colorado Revised Statutes
- Bond fees, booking fees, and other fees or debts never need to be paid to secure a person's release on money bond. A payor need only pay the bond amount in order to secure release.
- While never a basis to hold a defendant in jail, the following fees are chargeable as a debt to the Defendant after release if the payor chooses not to Pay the fees at the time of bonding: a $10 bond fee and A maximum 3.5% credit card payment fee. No other Bond-related fees may be charged at any time, Including any kiosk fees or fees for payment by cash, Check, or money order.
- Bond payments are to be made out to the holding county and are never to be made out in the name of the incarcerated person.
- A Sheriff must release a defendant within six hours after a personal recognizance bond is set and the defendant has returned to jail or within six hours after a cash bond has been set and the defendant has returned to jail and the defendant or surety notified the jail that bond is prepared to be posted, unless extraordinary circumstances exist. In the event of a delay of more than six hours, a surety and the defendant have a right to know what, If any, extraordinary circumstance is causing the delay. Supervisory conditions of release do not justify a delay in release; except that a sheriff may hold a defendant for up to 24 hours if necessary to ensure a defendant is fitted with required electronic monitoring.
- Anyone who posts a money bond has the right to receive a copy of the bond paperwork, including documentation of the next upcoming court date.
- A surety may never be asked to use posted bond money to pay a defendant's debts. Only when defendants have posted their own money bond may they be asked if they would like to voluntarily relinquish bond money to pay their debts. Relinquishment of bond money by a defendant to pay a debt is never required and is entirely a voluntary choice by the defendant.