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Colorado Rights Blog

SB19-191: Prompt Pretrial Liberty And Fairness

Criminal Justice
Bill Number: SB19-191
Year: 2019
ACLU Position: Support
Sponsors: V. Marble / J. Bridges

Description:

The bill creates rights for defendants related to release on bond as
follows:
• A court has to hold a bond setting hearing for a defendant
within 48 hours after the defendant’s arrest;
• Unless extraordinary circumstances exist, a defendant must
be allowed to post bond within 2 hours after the sheriff
receives the bond information from the court;
• Unless extraordinary circumstances exist, a defendant
cannot be charged more than a $10 bond processing fee and
not charged any additional transaction fees including kiosk
fees; except that a standard credit card processing fee may
be charged when a credit card is used;
• Unless extraordinary circumstances exist, the custodian of
a jail has to release a defendant within 2 hours after the
defendant has posted bond; and
• If a defendant has been granted bond and can meet the
terms of the bond, the court shall release the defendant
even if the defendant is unable to pay a fee or cost.
Under current law, a defendant’s bond deposit can be applied to
court costs, fees, fines, restitution, or surcharges owed by the defendant.
The bill allows application of the bond if the defendant posted the bond
and agrees in writing to allow it to be used for such purposes. The bill
prohibits that application if the bond was posted by a third party.


Current Status:

Sent to the Governor (05/17/2019)
Senate Considered House Amendments - Result was to Concur - Repass (05/02/2019)
House Third Reading Passed with Amendments - Floor (05/02/19)
Introduced In House - Assigned to Judiciary (04/22/19)
Senate Third Reading Passed - No Amendments (04/22/19)
Senate Committee on Finance Refer Amended to Appropriations (04/11/2019)
Senate Committee on Judiciary Refer Amended to Finance (04/03/2019)
Introduced In Senate - Assigned to Judiciary (03/08/2019)



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