Bill Number: HB21-1280
ACLU Position: Support
Sponsors: S. Gonzales-Gutierrez/S. Woodrow/P. Lee/R. Rodriguez
The bill requires a court to hold a bond setting hearing within 48
hours after an arrestee’s arrival at a jail or holding center beginning on April 1, 2022.
Under current law, a person is allowed to post bond within 2 hours after the sheriff receives the bond information. The bill repeals that requirement. The bill states a bond may be paid at a minimum by cash, money order, or cashier’s check, and a judge, judicial officer, or bond hearing officer shall not require a monetary bond be paid in the defendant’s name.
The bill requires that a defendant who posts bond be released from custody within 6 hours after bond is set. If the custodian fails to release the defendant within 6 hours after the bond has been set, the custodian shall inform the defendant and any person posting bond on behalf of the defendant the reason for the delay and shall document the reason for delay in the defendant’s file.
The bill requires that after a bond
has been paid, the defendant and surety, if any, receive a copy of the bond
paperwork, a notice of rights related to bonding, and information
regarding the defendant’s next court date. The bill requires each
jurisdiction to establish a way to pay bond online by January 1, 2022. The
bill states that a bond is posted when the surety or defendant pays the
bond as evidenced by the time stamp on the bond or bond receipt.
Each sheriff shall post a notice of rights related to bonding on the
sheriff’s website, including information about how to file a complaint for
violations. The sheriff shall include the notice in the inmate handbook
and must provide the notice free of charge to anyone requesting a copy.
The sheriff shall post a notice that contains the bonding information in the
common area of the jail in a location clearly visible to the inmates and
clearly visible in the public portion of the jail where a person posts bond.
By October 1, 2021, each sheriff shall:
• Create written policies to comply with statutory bonding
• Review and update the sheriff’s website, signage,
paperwork, and forms related to bonding to reflect current
• File a certificate of compliance with the statutory bonding
provisions with the division of criminal justice in the
department of public safety.
In the case of multiple documented failures to comply with the
statutory bonding provisions, the state or any agency of the state may
deny any funding request of the sheriff.
The bill creates the position of a bond hearing officer to conduct
bond hearings on weekends and holidays throughout the state using
audiovisual technology. The bond hearing officer conducts bond hearings
throughout the state in the counties that request the service of the bond
hearing officer. The public will be able to view the hearings. For each
case heard by the bonding hearing officer, the arresting jurisdiction shall
electronically transmit the arrest report, pretrial services information, and
all other relevant information to the bonding hearing officer prior to the
House Committee on Appropriations Refer Amended to House Committee of the Whole (05/14/2021)
Senate Third Reading Passed - No Amendments (06/04/2021)
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