Bond Setting, Types of Bail Bonds, Bond Conditions and Pretrial Supervision
In certain instances, bond may be set at the time the arrest warrant is issued, making it sometimes unnecessary to wait to appear before a judge before posting bond. When bond was already set, or one needs to request a reduction in the amount of bond, there will be an court appearance before it becomes possible to post bond and be released from custody. With certain exceptions, one has a right to have bond set, if not already done, within a reasonable time of being arrested. The Bond Commissioner's Unit, acting on behalf of the judge and performing a Bond Commissioner evaluation, may set bond without awaiting a formal hearing, but a person may be kept in custody for a hearing where a judge considers bond setting. Anyone charged with an offense meeting the definition of Domestic Violence or other violent crime will be required to remain in jail until a bond hearing before a judge. One posting bond is released from jail subject to the fundamental requirement of making future court appearance, and other bond conditions such as no-contact orders, evaluation, treatment, drug and/or alcohol monitoring and pretrial supervision. Whatever conditions imposed by the court are mandatory, and failure to comply can result in revocation of bond, re-arrest and the filing of addition criminal charges. Pretrial Supervision in Boulder is provided by Community Justice Services. Pretrial Services also provides the Bond Commissioner’s Unit.
Three types of bond may be set:
Cash - The court sets a specific money amount to be posted with the court clerk. At the conclusion of the case, when court appearances and other bond conditions have been fulfilled, the cash is returned to the person who posted it. A personal recognizance bond is a form of cash bond. The court sets a specific money amount, but money does not have to be posted in order to be released from jail. Instead you, and sometimes another person (co-signer) also, sign a document which makes the signer(s) liable for the amount of the bond in the event of a failure to appear.
Surety - A professional bondsperson is paid a percentage of the face amount of the bond as set by the court. The bondsperson then posts the bond through a commercial surety company. The bondsperson usually requires collateral before posting the bond, and the bondsperson's fee is generally not refundable.
Property – A lien is given to the State against Colorado real property in the face amount of the bond. There must be equity in the property (amount which is free and clear) well in excess of the face amount, usually at least 150% greater. Document must be provided proving the ownership and value of the property. The office of the Boulder Court Clerk can provide the specific requirements for posting a property bond.
An Administrative Order by the Chief Judge of the Boulder District Court sets forth information about the bonding process, most importantly, bond schedules itemizing the likely dollar amounts for most felony, misdemeanor, petty and traffic offenses. The Order also specifies those offense which the bond commissioner may not set bond, thereby requiring an appearance before a judge, and a likely longer stay in jail pending bond setting.
You may read Your Guide to Bail Bonds in Colorado an official publication of the State of Colorado, as well as official Boulder County information on bail bonds. You may also view the official form for an Appearance Bond.