Pretrial Release

The bill requires each judicial district to implement a pretrial release assessment process to assess arrested persons as soon as practicable but no later than 24 hours after admission to a detention facility. Each judicial district shall also adopt written criteria in an administrative order allowing for the immediate pretrial release of certain arrested persons on a summons or an unsecured personal recognizance bond without any monetary condition after a pretrial release assessment is completed and without an initial hearing before the court. The division of criminal justice in the department of public safety (DCJ) shall develop statewide standards and guidelines for the development of the pretrial release assessment process, the written criteria for immediate pretrial release, and standards for the setting of the type of bond and conditions of release. The DCJ shall also compile an inventory of approved pretrial risk assessment instruments available for use in Colorado. By October 1, 2022, and every October 1 thereafter, the DCJ shall evaluate the outcome of the bond setting process, including the type of bond set, the amount of any secured or unsecured monetary condition of bond, and any other conditions of release, if available, for bias on the basis of race, ethnicity, or gender by judicial district. Beginning April 1, 2021, if a person is not released without a monetary bond pursuant to an administrative order, the court shall hold a hearing as soon as practicable to determine bond and the conditions of release. The bill creates a presumption that a person will be released without any monetary conditions of release. The court is required to use specified criteria in determining the bond and conditions of release. The bill specifies the types of bond that the court can order including:

• An unsecured personal recognizance bond;
• An unsecured personal recognizance bond with additional nonmonetary conditions of release;
• A bond with a monetary condition; or
• A bond with secured real estate conditions.

The bill specifies the required conditions of release and permissive conditions of release.

The bill requires all counties to develop a pretrial services program by April 1, 2021, which is approved by the chief judge of the judicial district where the county is located. The pretrial services program shall use a pretrial risk assessment instrument approved by the DCJ. Each pretrial services program shall provide an annual report to the department of public safety, which shall provide a report to specified legislative committees. The bill creates a pretrial services fund to provide counties with funds to operate or assist in the operation of a pretrial services program.

(Note: This summary applies to this bill as introduced.)