CO HB1089

Courts are prohibited from requiring monetary bail for defendants charged with misdemeanors, petty offenses, or municipal code violations, except in specific circumstances demonstrating substantial risk of flight, danger to others, or witness intimidation by clear and convincing standard.

Defendants charged with misdemeanors, petty offenses, or municipal code violations must be released on personal recognizance bonds with no monetary conditions and must sign a written release agreement containing promises to appear, obey conditions, not leave the state, and waive extradition.

If a person remains in custody after 5 days because they cannot meet a monetary bond condition, the court must conduct a hearing upon motion to reconsider the monetary condition, considering the person's financial circumstances, propriety of continued detention, and likelihood of probation or community-based sentencing.

Pretrial services program establishment by community advisory boards is made permissible rather than mandatory, and cities and municipalities are added to the entities encouraged to develop such programs.

The act takes effect August 8, 2018, or if a referendum petition is filed, only upon voter approval at the November 2018 general election.