Pre-trial Reform

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Concerning measures to increase public safety by minimizing custodial responses to low-level offenses, and, in connection therewith, making an appropriation.

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The bill creates the community response to low-level offenses working group in the department of public safety to study and propose statewide policy and legislative initiatives to safely increase community response in lieu of law enforcement engagement for lower-level offenses and calls for service when there is no criminal conduct. The working group shall report its findings to the judiciary committees of the house of representatives and the senate, or any successor committees, by the February 1, 2022.

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The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense, petty offense, drug petty offense, municipal offense, drug misdemeanor offense, or misdemeanor offense, unless:

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• Custodial arrest is statutorily required;

• The offense is a victim rights crime; the offense includes an element of illegal possession or use of a firearm; or the offense constitutes unlawful sexual behavior, failure to register as a sex offender, or the offense is a violation of a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle, or motor vehicle theft ; or

• The officer is unable to sufficiently verify the individual's identity absent a custodial arrest.

 

 

The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or a drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear, unless:

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• The defendant failed to appear when a witness was subpoenaed or a civilian witness was on call;

• The defendant intentionally failed to appear for the purpose of interfering with or deterring victim or witness participation in the case; or

• The defendant has failed to appear 2 or more times more than one time in the case.

 

 

The bill requires the court to issue a personal recognizance bond in a failure to comply with a probation conditions case that is not based on a criminal offense, unless:

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• The violation was for a failure to comply with any court- ordered treatment related to a sex offense or domestic violence;

• The defendant has already had probation revoked for failure to comply in the case; or

• The court finds the defendant is likely to flee prosecution.

 

 

The bill permits appellate review of a court's bail or bond order by either the defendant or the prosecution after a reconsideration hearing, denial of a reconsideration of bond conditions, or order for bail after conviction.

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The bill requires annually each county jail to provide information regarding jail population and each judicial district to provide information regarding bonds, failures to appear, and summons to the division of criminal justice in the department of public safety. The division shall compile a report of the information and post the report on its website. The bill creates a fund to pay for the study using 25% of the money collected on a failure to appear personal recognizance bond.

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The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions.

The bill appropriates $24,436 from the general fund to the judicial department for trial courts to implement the bill. The bill appropriates $50,375 from the general fund to the department of public safety for the division of criminal justice to implement the bill.

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We need to vote NO to Colorado Pre Trial Bail Reform. This will not help in the right direction that it would be intended for during arrest or release of defendants from Jail. 

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We need to look at Colorado Judicial System a lot closer. Without having a bail agent to supervisor a released defendant. The defendant is more likely to evade the courts, or even more so commit new crimes while on Bond. There has to be a checks and balance in this regard to the release of defendants from custody. Since the onset of COVID 19 Pandemic Colorado has released 100's of defendants on PR Bonds. Colorado currently has over 65% of those defendants on FTA Warrants. 

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SB 21-273 would practically eliminate secured bail for misdemeanors, and severely restrict its use for felony offenses. The bill would also restrict police officers' ability to make an arrest for most offenses, instead allowing them to issue a court summons with no way to ensure the person's appearance in court or their level of risk to public safety.

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The commercial bail system is the best form of ensuring the accused are returned to court, providing liberty until proven guilty, and ensuring victims of crime their right to justice. 

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We need to regulate the bail bond industry more closer or what and how a bail bondsman can supervisor a defendant on release from custody. We also need to regulate bail bondsman more closely on how they bond defendants out of custody. There are a great deal of bail bondsman in the State of Colorado who have forgot were they started and how they became bail bondsman's in the first place. There needs to be an oversight committee created to supervisor bail bondsman actions in all phases to the defendants release from custody. When it comes to bail bond fee and and recovery cost. 

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We also need to take a closer look at Fugitive Recovery in the State of Colorado. There are so many untrained recovery agents in Colorado doing apprehension of defendants. And violating the rights that it goes way beyond a correct system. We are a state that is unregulated when it comes to Fugitive Recovery. We need to put this back in regulation and require a Fugitive Recovery Agent to be licensed in this state. To many Fugitive Recovery Agents act or think they are Police in this state. When in fact that's far from the truth. I understand that a lot ex felons have obtained successful careers as Fugitive Recovery Agents. And I'm not against in any means whatsoever. When felon has paid his debt to society he should have every right to obtain a career to feed and support his family. But in the same token if a felon wants to be a Fugitive Recovery Agent he should have to prove his moral character before a oversight committee to be licensed as a Fugitive Recovery Agent

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THIS HOUSE BILL NEED TO BE REWRITTEN WITH A MORE CLOSER LOOK AT OUR SYSTEM AND HOW WE CAN FIX IT AND WORK TOGETHER WITHOUT PLACING SAFETY LAST!!!

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Sincerely,

Danny R Fish

President

National Association of Bail Bond Investigators