HB 13-1236 Best Practices in Bond Setting
This new law represents a paradigm shift in the setting of bond. Judges and District Attorneys will need to be trained in this new law and some of the training will need to come from the defense bar, advises the Colorado Criminal Defense Bar Association. Colorado criminal lawyers should acquaint themselves with the details of this law in order to best represent and assist clients at bond hearings. Defense attorneys should be now strongly advocating for pre-trial release and not allowing the courts or district attorneys to rely on the bond schedules or to set unreasonably oppressive bonds.
This law requires the judge to:
1. Presume most persons in custody are eligible for release on bond with appropriate and least restrictive conditions.
2. Consider individualized risk and circumstances of person in custody and relevant criteria and not just level of offense.
3. Consider all methods of bond and conditions of release to avoid unnecessary incarceration.
This law went into effect upon signing on May 11th.
If you have a Colorado bond question, please call our Colorado criminal defense lawyers today at 303-688-3045.
