Colorado Revised Statutes

Colo. Rev. Stat. § 16-4-101 (2026)

Bailable offenses - definitions

✓ current as of July 2026

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(1) All persons shall be bailable by sufficient sureties except:

(a) For capital offenses when proof is evident or presumption is great; or

(b) When, after a hearing held within ninety-six hours of arrest and upon reasonable notice, the court finds that the proof is evident or the presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail and such person is accused in any of the following cases:

(I) A crime of violence alleged to have been committed while on probation or parole resulting from the conviction of a crime of violence;

(II) A crime of violence alleged to have been committed while on bail pending the disposition of a previous crime of violence charge for which probable cause has been found;

(III) A crime of violence alleged to have been committed after two previous felony convictions, or one such previous felony conviction if such conviction was for a crime of violence, upon charges separately brought and tried under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States which, if committed in this state, would be a felony;

(IV) A crime of possession of a weapon by a previous offender alleged to have been committed in violation of section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), as those provisions existed prior to their repeal on March 1, 2022;

(V) Sexual assault, as described in section 18-3-402, sexual assault in the first degree, as described in section 18-3-402, as it existed prior to July 1, 2000, sexual assault in the second degree, as described in section 18-3-403, as it existed prior to July 1, 2000, sexual assault on a child, as described in section 18-3-405, or sexual assault on a child by one in a position of trust, as described in section 18-3-405.3 in which the victim is fourteen years of age or younger and seven or more years younger than the accused.

(c) When a person has been convicted of a crime of violence or a crime of possession of a weapon by a previous offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), as those provisions existed prior to their repeal on March 1, 2022, at the trial court level and the person is appealing the conviction or awaiting sentencing for the conviction and the court finds that the public would be placed in significant peril if the convicted person were released on bail; or

(d) For the offense of murder in the first degree, as described in section 18-3-102, committed on or after the effective date of this subsection (1)(d), when proof is evident or presumption is great.

(2) For purposes of this section, "crime of violence" shall have the same meaning as set forth in section 18-1.3-406 (2), C.R.S.

(3) In any capital case or case in which the defendant is charged with murder in the first degree, the defendant may make a written motion for admission to bail upon the ground that the proof is not evident or that presumption is not great, and the court shall promptly conduct a hearing upon the motion. At the hearing, the burden is on the people to establish that the proof is evident or that the presumption is great. The court may combine in a single hearing the questions as to whether the proof is evident or the presumption great with the determination of the existence of probable cause to believe that the defendant committed the crime charged.

(4) Except in the case of a capital offense or case in which the defendant is charged with murder in the first degree, if a person is denied bail pursuant to this section, the trial of the person must be commenced not more than ninety-one days after the date on which bail is denied. If the trial is not commenced within ninety-one days and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set the amount of the bail for the person.

(5) When a person is arrested for a crime of violence, as defined in section 16-1-104 (8.5), or a criminal offense alleging the use or possession of a deadly weapon or the causing of bodily injury to another person, or a criminal offense alleging the possession of a weapon by a previous offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), as those provisions existed prior to their repeal in 2022, and such person is on parole, the law enforcement agency making the arrest shall notify the department of corrections within twenty- four hours. The person so arrested shall not be eligible for bail to be set until at least seventy-two hours from the time of his or her arrest has passed.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 820, § 2, effective May 11. L. 2023: (1)(b)(IV), (1)(c), and (5) amended, (HB 23-1301), ch. 303, p. 1819, § 18, effective August 7. L. 2024: (1)(c), (3), and (4) amended and (1)(d) added (HB 24-1225), ch. 130, p. 458, § 1, effective December 17, 2024, (see editor's note).

Editor's note: Section 3 of chapter 130, Session Laws of Colorado 2024, provides that the amendments to subsections (1)(c), (3), and (4) and subsection (1)(d) are effective only if House Concurrent Resolution 24-1002 is approved by the people at the November 2024 statewide election, in which case the amendments takes effect on the date of the official declaration of the vote thereon by the governor. That resolution was approved by a vote of the registered electors of Colorado on November 5, 2024, as Amendment I. Amendments to subsections (1)(c), (3), and (4) and subsection (1)(d) were effective upon the proclamation of the Governor, December 17, 2024. The vote count for the measure was as follows: FOR: 2,058,063 AGAINST: 953,652

Notes of Decisions

Cited in 24 cases, 1975–2020 · leading case: in Interest of G.S.S, 2019 COA 4 (Colo. Ct. App. 2019).

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in Interest of G.S.S, 2019 COA 4 (Colo. Ct. App. 2019). · cites it 7× “The most closely analogous statute in the Code of Criminal Procedure is section 16-4-101, C.R.S. 2018. Subsection (4) of that 27 statute says that if a defendant is denied bail, “the trial of the person shall be commenced not more than ninety-one days after the date on which…”

People v. Turman, 659 P.2d 1368 (Colo. 1983). · cites it 6× “In those cases, the amount of bail may be such that even a `man of means' cannot or will not post the required bond.”

Wimberly v. Ettenberg, 570 P.2d 535 (Colo. 1977). · cites it 2× “Section 16-4-101, et seq., C.R.S. 1973. Therefore, the county court’s decision to formulate bail procedure does not confer standing on the bail bondsmen, since they have no legal interest in those procedures.”

People v. Perez, 238 P.3d 665 (Colo. 2010). · cites it 5× “The trial court also ruled that sufficient evidence existed to deny bail under section 16-4-101(1)(a), C.R.S. (2009), which authorizes a trial court to deny bail in capital cases when proof of the crime is evident.”

Montes-Rodriguez v. People, 241 P.3d 924 (Colo. 2010). · cites it 2× “See § 16-4-101, et seq., C.R.S. (2010). One who assumes this capacity assumes distinct rights and responsibilities under the law.”

In re People v. Blagg, 2015 CO 2 (Colo. 2015). · cites it 7× “See § 16-4-101(3), C.R.S. (2014) ("In any capital case, the defendant may make a written motion for admission to bail upon the ground that the proof is not evident or that presumption is not great, and the court shall promptly conduct a hearing upon such motion.”

Yording v. Walker, 683 P.2d 788 (Colo. 1984). · cites it 4× “See § 16-4-101, 8 C.R.S. (1983 Supp.). The trial court denied the request to present evidence, observing that it was familiar with the case as a result of having issued search and arrest warrants at an earlier time.”

People v. Chavarria-Sanchez, 207 P.3d 902 (Colo. Ct. App. 2009). · cites it 6× “Section 16-4-101 sets forth those offenses for which pretrial release on bail is possible, while section 16-4-102 provides that, for bailable offenses, any person who is in custody and for whom no bail has been set, has the right to request that bail be set.”

City of Colorado Springs v. Bd. of Cnty. Commissioners, 895 P.2d 1105 (Colo. Ct. App. 1994). · cites it 2× “”); § 16-4-101(1)(b), C.R.S. (1994 Cum.Supp.) (no bail required in cases of certain crimes of violence if the court finds the proof is evident that the crime occurred and that “the public would be placed in significant peril if the accused were released”); § 22-20-103(1.”

People v. Caro, 753 P.2d 196 (Colo. 1988). · cites it 2× “[3] Because Marta Caro moved for remission on May 12, 1986, the version of the pretrial bail statute in effect at that time, sections 16-4-101 to -111, 8 C.R.S. (1978 & 1985 Supp.”

Martinez v. Ensor, 958 F. Supp. 515 (D. Colo. 1997). · cites it 2× “The incomplete citation to “Colorado Revised Statutes Title 16 § 4” apparently refers to Colo.Rev.Stat. §§ 16-4-101 through 203 (Supp.”

L. O. W. v. Dist. Court In & for the Cnty. of Arapahoe, 623 P.2d 1253 (Colo. 1981). · cites it 4× “20 7 prohibiting excessive bail, and sections 16-4-101, C.R.S.1973 (1979 Supp.”

Show all 24 citing cases →

— Colo. Rev. Stat. § 16-4-101(1) — 1 case

People v. Johnson, 2017 COA 97 (2017).

— Colo. Rev. Stat. § 16-4-101(1)(a) — 1 case

People v. Perez, 238 P.3d 665 (Colo. 2010). “The trial court also ruled that sufficient evidence existed to deny bail under section 16-4-101(1)(a), C.R.S. (2009), which authorizes a trial court to deny bail in capital cases when proof of the crime is evident.”

— Colo. Rev. Stat. § 16-4-101(1)(b) — 1 case

City of Colorado Springs v. Bd. of Cnty. Commissioners, 895 P.2d 1105 (Colo. Ct. App. 1994). “”); § 16-4-101(1)(b), C.R.S. (1994 Cum.Supp.) (no bail required in cases of certain crimes of violence if the court finds the proof is evident that the crime occurred and that “the public would be placed in significant peril if the accused were released”); § 22-20-103(1.”

— Colo. Rev. Stat. § 16-4-101(1)(b)(IID) — 1 case

Seguna v. Maketa, 181 P.3d 399 (Colo. Ct. App. 2008).

— Colo. Rev. Stat. § 16-4-101(3) — 1 case

In re People v. Blagg, 2015 CO 2 (Colo. 2015). “See § 16-4-101(3), C.R.S. (2014) ("In any capital case, the defendant may make a written motion for admission to bail upon the ground that the proof is not evident or that presumption is not great, and the court shall promptly conduct a hearing upon such motion.”

— Colo. Rev. Stat. § 16-4-101(4) — 2 cases

in Interest of G.S.S, 2019 COA 4 (Colo. Ct. App. 2019). “The most closely analogous statute in the Code of Criminal Procedure is section 16-4-101, C.R.S. 2018. Subsection (4) of that 27 statute says that if a defendant is denied bail, “the trial of the person shall be commenced not more than ninety-one days after the date on which…”

In Interest of G.S.S, 2020 CO 32 (Colo. 2020).

— Colo. Rev. Stat. § 16-4-101(8) — 1 case

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