(1) If a person is in custody and the court imposed a monetary condition of bond for release, and the person, after seven days from the setting of the monetary condition of bond, is unable to meet the monetary obligations of the bond, the person may file a written motion for reconsideration of the monetary conditions of the bond. The person may only file the written motion pursuant to this section one time during the pendency of the case and may only file the written motion if he or she believes that, upon presentation of evidence not fully considered by the court, he or she is entitled to a personal recognizance bond or an unsecured bond with conditions of release or a change in the monetary conditions of bond. The court shall promptly conduct a hearing on this motion for reconsideration, but the hearing must be held within fourteen days after the filing of the motion. However, the court may summarily deny the motion if the court finds that there is no additional evidence not fully considered by the court presented in the written motion. In considering the motion, the court shall consider the results of any empirically developed risk assessment instrument.
(2) Nothing in this section shall preclude a person from filing a motion for relief from a monetary condition of bond pursuant to section 16-4-109 at any time during the pendency of the case.
Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 830, § 2, effective May 11. L. 2014: Entire section amended, (SB 14-212), ch. 397, p. 1999, § 5, effective July 1.
16-4-107.5. Hearing after excluding time for speedy trial for public health emergency - repeal. (Repealed) Source: L. 2021: Entire section added, (HB 21-1309), ch. 277, p. 1602, § 2, effective June 21.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2023. (See L. 2021, p. 1602.)
Notes of Decisions
Cited in
11
cases, 1977–2015 · leading case:
People v. Fields, 697 P.2d 749 (Colo. Ct. App. 1985).
People v. Fields, 697 P.2d 749 (Colo. Ct. App. 1985).
· cites it 44× “) and that, if this court holds that § 16-4-107, C.R.S. (1978 Repl.Vol. 8) is applicable instead, the latter statute is constitutionally infirm.”
In re People v. Jones, 2015 CO 20 (Colo. 2015).
· cites it 8× “Laws 880 -81; and because the statutory section currently designated section 107 provides for a motion for reconsideration of monetary conditions of bond rather than a court order of any kind, see § 16-4-107, C.”
People v. Coleman, 844 P.2d 1215 (Colo. Ct. App. 1992).
· cites it 5× “Then, in August 1987, the district attorney, pursuant to § 16-4-107, C.R.S. (1986 Repl.Vol. 8A), filed a motion to increase the bond for the July 1987 offense, arguing that it had just been determined that the defendant had four prior felony convictions and that it was,…”
People v. Mascarenas, 706 P.2d 404 (Colo. 1985).
· cites it 4× “Over the defendant’s objection, the trial court found that the prosecution was requesting an increase in bail pursuant to section 16-4-107, 8 C.R.S. (1978), which required “reasonable notice” to the defendant.”
Stephenson v. Dist. Court In & For the Eighth Jud. Dist., 629 P.2d 1078 (Colo. 1981).
· cites it 11× “However, the respondent court contends that the petitioner did not sustain the burden of going forward with evidence to show the validity of his bond and, therefore, that it properly corrected the petitioner’s apparently erroneous release from custody.”
Vaughn v. Dist. Court, 559 P.2d 222 (Colo. 1977).
· cites it 3× “If a compensated surety is exonerated by surrendering a defendant prior to the appearance date fixed in the bond, the court, after a hearing, may require the surety to refund part or all of the bond premium paid by the defendant *350 if necessary to prevent unjust enrichment.”…”
People v. Anderson, 789 P.2d 1115 (Colo. Ct. App. 1990).
· cites it 2× “In such circumstances the provisions of § 16-4-107, C.R.S. (1986 Repl.Vol. 8A) are not applicable.”
Vaughn v. Dist. Ct. in & for Sec. Jud. Dist., 559 P.2d 222 (Colo. 1977).
· cites it 3× “If a compensated surety is exonerated by surrendering a defendant prior to the appearance date fixed in the bond, the court, after a hearing, may require the surety to refund part or all of the bond premium paid by the defendant if necessary to prevent unjust enrichment.”
People v. Jones, 338 P.3d 1128 (Colo. Ct. App. 2014).
· cites it 5× “in the appellate court" for orders entered under sections 16-4-107 and 16-4-201, C.R.S.2018, "by filing a petition for review"; and (b) such a petition is "the exclusive method of appellate review" for orders entered under sections 16-4-104, C.”
Vaughn v. Dist. Court, 559 P.2d 222 (Colo. 1977).
· cites it 3× “If a compensated surety is exonerated by surrendering a defendant prior to the appearance date fixed in the bond, the court, after a hearing, may require the surety to refund part or all of the bond premium paid by the defendant *350 if necessary to prevent unjust enrichment.”…”
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