The proposed bill introduces significant changes to the pretrial release conditions for individuals accused of violent crimes in Colorado. Here's an overview of the key provisions and their implications:
Key Provisions:
Restriction on Unsecured Personal Recognizance Bonds:
The bill prohibits courts from releasing individuals accused of committing a crime of violence on an unsecured personal recognizance bond without the consent of the district attorney.
Definition of Repeat Violent Offender:
The bill defines a "repeat violent offender" as an individual who:
Has a record of conviction for a crime of violence within the prior 2 years.
Has at least 2 pending criminal charges alleging the commission of a crime of violence, with probable cause to believe the individual has committed the prior alleged offenses.
Minimum Monetary Condition for Pretrial Release:
The bill establishes that a reasonable monetary condition of pretrial release for a repeat violent offender is at least $7,500.
Implications:
Enhanced Public Safety:
By restricting unsecured personal recognizance bonds for repeat violent offenders, the bill aims to reduce the likelihood of reoffending during the pretrial period, thereby enhancing public safety.
Increased Judicial Discretion:
The bill removes the requirement for district attorney consent for the release of repeat violent offenders on unsecured bonds, potentially increasing judicial discretion in pretrial release decisions.
Financial Impact on Defendants:
The establishment of a minimum monetary condition for pretrial release may result in higher costs for defendants seeking release, which could disproportionately affect individuals with limited financial resources.
Potential Legal Challenges:
The changes to pretrial release conditions may face legal challenges concerning constitutional rights, including the right to reasonable bail and due process.
Summary
The bill prohibits a court, without the consent of the district
attorney, from releasing a person on any unsecured personal recognizance bond if the person is accused of committing a crime of violence, the court finds probable cause to believe that the person has committed the offense, and either: •
The person has a record of conviction for a crime of violence within the prior 2 years; or
•
There are at least 2 pending criminal charges against the person that allege that the person committed a crime of violence and the court finds probable cause to believe that the person has committed the prior alleged offenses (repeat violent offender).
Existing law requires any monetary condition of pretrial release to
be reasonable. The bill states that a reasonable monetary condition of pretrial release for a repeat violent offender is at least $7,500.
