(1) (a) After conviction, either before or after sentencing, the defendant may orally, or in writing, move for release on bail pending determination of a motion for a new trial or motion in arrest of judgment or during any stay of execution or pending review by an appellate court, and, except in cases where the defendant has been convicted of a capital offense, the trial court, in its discretion, may continue the bond given for pretrial release, or may release the defendant on bond with additional conditions including monetary conditions, or require bond under one or more of the alternatives set forth in section 16-4-104.
(b) The district attorney must be present at the time the court passes on a defendant's motion for release on bail after conviction.
(c) Bond shall not be continued in effect following a plea of guilty or of nolo contendere or following conviction unless the written consents of the sureties, if any, are filed with the court. In the initial bond documents filed with the court, a surety shall indicate, in writing and at the time of the posting of bond, if the surety consents to the continuance of the bond through sentencing of the defendant. If the surety does not provide written consent at the time of the initial posting of bond, the surety may provide written consent at the time of the plea of guilty or nolo contendere or within a reasonable time thereafter as determined by the court. A court shall not require the posting of any form of bond that allows for the continuance of said bond after a plea of guilty or of nolo contendere or following conviction without filing with the court the written consents of the sureties, if any.
(d) For a defendant who has been convicted of a felony offense, a condition of bail bond shall be that the court shall require the defendant to execute or subscribe a written prior waiver of extradition stating that the defendant consents to extradition to this state and waives all formal procedures incidental to extradition proceedings in the event that he or she is arrested in another state while released on such bail bond and acknowledging that he or she shall not be admitted to bail in any other state pending extradition to this state.
(2) After conviction, a defendant who is granted probation pursuant to section 18-1.3- 202, C.R.S., may orally, or in writing, move for a stay of probation pending determination of a motion for a new trial or a motion in arrest of judgment or pending review by an appellate court. The trial court, in its discretion, may grant a stay of probation and require the defendant to post an appeal bond under one or more of the alternatives set forth in section 16-4-104. The district attorney shall be present at the time the court passes on a defendant's motion for stay of probation after conviction.
Source: L. 72: R&RE, p. 209, § 1. C.R.S. 1963: § 39-4-201. L. 85: Entire section amended, p. 621, § 3, effective July 1. L. 94: Entire section amended, p. 97, § 2, effective July 1. L. 2002: (2) amended, p. 1490, § 131, effective October 1. L. 2006: (1) amended, p. 341, § 3, effective July 1. L. 2012: (1)(c) amended, (HB 12-1310), ch. 268, p. 1393, § 5, effective June 7. L. 2013: (1)(a) amended, (HB 13-1236), ch. 202, p. 839, § 3, effective May 11. Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
Notes of Decisions
Cited in
25
cases (
2 in the last 5 years), 1975–2025 · leading case:
People v. Steen, 318 P.3d 487 (Colo. 2014).
People v. Steen, 318 P.3d 487 (Colo. 2014).
· cites it 14× “T6 The district court denied Steen's motion, stating that section 16-4-201 applied and that the court declined to exercise its discretion under that provision to stay execution of the sentence.”
Rodriquez v. People, 554 P.2d 291 (Colo. 1976).
· cites it 14× “” Section 16-4-201, C.R.S. 1973 (emphasis added).”
People v. Stewart, 55 P.3d 107 (Colo. 2002).
· cites it 2× “Section 16-4-201, 6 C.R.S. (1999), authorizes an appeal bond, except in capital cases.”
In re People v. Jones, 2015 CO 20 (Colo. 2015).
· cites it 4× “See § 16-4-201, C.R.S. (2014). T 16 Collectively, these three provisions authorize court orders for the determination, modification, and continuation of bail bonds, both before and after conviction.”
People v. Tyler, 797 P.2d 22 (Colo. 1990).
· cites it 7× “Section 16-4-201, 8A C.R.S. (1986) states that a bond may not be continued in effect after conviction, unless written consents of the sureties are filed on the record.”
People v. Rodriguez, 43 P.3d 641 (Colo. Ct. App. 2001).
· cites it 4× “2000 provides that, after a trial court enters an order pursuant to § 16-4-201, "the defendant or the state may seek review of said order by filing a petition for review in the appellate court.”
People v. Trujillo, 261 P.3d 485 (Colo. Ct. App. 2010).
· cites it 3× “The statute authorizing probationary sentences contains the following provision: If the court chooses to grant the defendant probation, the order placing the defendant on probation shall take effect upon entry and, if any appeal is brought, shall remain in effect pending review…”
People v. Smith, 673 P.2d 1026 (Colo. Ct. App. 1983).
· cites it 2× “Therefore, here, the court complied with the existing conditions of the bond contract, rather than changing them, materially or otherwise. IV. Finally, we note that this is not a case where the bond was continued after a defendant’s conviction and without the surety’s consent,…”
In re People v. Blagg, 2015 CO 2 (Colo. 2015).
· cites it 2× “© See § 16-4-201(1)(c), C.R.S. (2014) (an existing bond "shall not be continued in effect following .”
People v. Taylor, 876 P.2d 130 (Colo. Ct. App. 1994).
· cites it 2× “■ [6] Accordingly, although' the statutory amendments to § 16-11-202 and § 16-4-201(2), C.R.S. (1986 Repl.Vol. 8A) clearly indicate that the policy issues considered by the trial court are indeed valid, we must interpret the rule, as it applies to defendant, consistent with its…”
People v. Hernandez, 902 P.2d 846 (Colo. Ct. App. 1995).
· cites it 4× “” Under the amended § 16-4-201, which applies here, a conviction is not required to exonerate the surety.”
Colo. Rev. Stat. § 16-4-201(1): 3 cases
People v. Rodriguez, 43 P.3d 641 (Colo. Ct. App. 2001).
“2000 provides that, after a trial court enters an order pursuant to § 16-4-201, "the defendant or the state may seek review of said order by filing a petition for review in the appellate court.”
People v. Hernandez, 902 P.2d 846 (Colo. Ct. App. 1995).
“” Under the amended § 16-4-201, which applies here, a conviction is not required to exonerate the surety.”
Colo. Rev. Stat. § 16-4-201(1)(a): 1 case
Colo. Rev. Stat. § 16-4-201(1)(c): 1 case
In re People v. Blagg, 2015 CO 2 (Colo. 2015).
“© See § 16-4-201(1)(c), C.R.S. (2014) (an existing bond "shall not be continued in effect following .”
Colo. Rev. Stat. § 16-4-201(2): 3 cases
People v. Steen, 318 P.3d 487 (Colo. 2014).
“T6 The district court denied Steen's motion, stating that section 16-4-201 applied and that the court declined to exercise its discretion under that provision to stay execution of the sentence.”
People v. Taylor, 876 P.2d 130 (Colo. Ct. App. 1994).
“■ [6] Accordingly, although' the statutory amendments to § 16-11-202 and § 16-4-201(2), C.R.S. (1986 Repl.Vol. 8A) clearly indicate that the policy issues considered by the trial court are indeed valid, we must interpret the rule, as it applies to defendant, consistent with its…”
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