16-1-101. Short title.

1. Articles 1 to 13 of this title shall be known and may be cited as the "Colorado Code of Criminal Procedure". Within those articles, the "Colorado Code of Criminal Procedure" is sometimes referred to as "this code".
2. The portion of any section, subsection, paragraph, or subparagraph contained in this code which precedes a list of examples, requirements, conditions, or other items may be referred to and cited as the "introductory portion" of such section, subsection, paragraph, or subparagraph.

Source: L. 72: R&RE, p. 190, § 1. C.R.S. 1963: § 39-1-101.

16-1-102. Scope.

The provisions of this code are intended to create, define, and protect rights, duties, and obligations as distinguished from matters wholly procedural. Except as specifically set forth in this code, the provisions of this code are not applicable to proceedings under the "Colorado Children's Code" or to violations of municipal charters or municipal ordinances.

Source: L. 72: R&RE, p. 190, § 1. C.R.S. 1963: § 39-1-102.

Cross references: For the "Colorado Children's Code", see title 19.

16-1-103. Purpose.

This code is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration, the elimination of unjustifiable expense and delay, the effective apprehension and trial of persons accused of crime, the just determination of every criminal proceeding by a fair and impartial trial, an adequate review, and the preservation of the public welfare and the fundamental human rights of individuals.

Source: L. 72: R&RE, p. 191, § 1. C.R.S. 1963: § 39-1-103.

16-1-104. Definitions.

1. The following definitions in this section are applicable generally in this code. Other terms which need definition, but which are used only in a limited number of sections of this code are defined in the particular section or article in which the terms appear. Definitions set forth in any section of this code are applicable whenever the same term is used in the same sense in another section of this code, unless the definition is specifically limited or the context indicates that it is inapplicable.
2. "Arraignment" means the formal act of calling the defendant into open court, informing him of the offense with which he is charged, and the entry of a plea to the charge.
3. "Bail" means a security, which may include a bond with or without monetary conditions, required by a court for the release of a person in custody set to provide reasonable assurance of public safety and court appearance.

   (3.5) "Bail bonding agent" or "bonding agent" means an individual who is in the business of writing appearance bonds and who is subject to regulation by the division of insurance in the department of regulatory agencies, including an insurance producer, cash-bonding agent, or professional cash-bail agent.

4. "Bind over" means to require a defendant, following a preliminary hearing, to appear and answer in a court having jurisdiction to try the defendant for the crime with which he is charged.
5. "Bond" means a bail bond which is an undertaking, with or without sureties or security, entered into by a person in custody by which he binds himself to comply with the conditions of the undertaking and in default of such compliance to pay the amount of bail or other sum fixed, if any, in the bond.
6. "Charge" means a formal written statement presented to a court accusing a person of the commission of a crime. The charge may be made by complaint, information, or indictment.
7. "Complaint" means a written statement charging the commission of a crime by an alleged offender, filed in the county court.

   (7.5) "Correctional facility" means any facility under the supervision of the department of corrections in which persons are or may be lawfully held in custody as a result of conviction of a crime.

8. "Court of record" means any court except a municipal court unless otherwise defined by a particular section.
   1. 1. (8.5) (a) (I) "Crime of violence" means a crime in which the defendant used, or possessed and threatened the use of, a deadly weapon during the commission or attempted commission of any crime committed against an elderly person or a person with a disability or a crime of murder, first or second degree assault, kidnapping, sexual assault, robbery, first degree arson, first or second degree burglary, escape, or criminal extortion, or during the immediate flight therefrom, or the defendant caused serious bodily injury or death to any person, other than himself or herself or another participant, during the commission or attempted commission of any such felony or during the immediate flight therefrom.
      2. "Crime of violence" also means any unlawful sexual offense in which the defendant caused bodily injury to the victim or in which the defendant used threat, intimidation, or force against the victim. For purposes of this subparagraph (II), "unlawful sexual offense" shall have the same meaning as set forth in section 18-3-411 (1), C.R.S., and "bodily injury" shall have the same meaning as set forth in section 18-1-901 (3)(c), C.R.S.
      3. The provisions of subparagraph (II) of this paragraph (a) shall apply only to felony unlawful sexual offenses.
   2. As used in this subsection (8.5), "elderly person" means a person who is sixty years of age or older. "Person with a disability" means a person who is disabled because of the loss of or permanent loss of use of a hand or foot or because of blindness or the permanent impairment of vision in both eyes to such a degree as to constitute virtual blindness.
9. "Custody" means the restraint of a person's freedom in any significant way.
10. "Felony complaint" means a written statement of the essential facts constituting the offense charged, signed by the prosecutor, and filed in the court having jurisdiction over the offense charged.
11. "Indictment" means a written statement, presented by a grand jury to the district court, which charges the commission of a crime by an alleged offender.
12. "Information" means a written statement signed by a district attorney presented to the district court, which charges the commission of a crime by an alleged offender.
13. "Personal recognizance" means a bond secured only by the personal obligation of the person giving the bond.
14. "Preliminary hearing" means a hearing on a complaint filed in the county court or an information filed in the district court, to determine if there is probable cause to believe that an offense has been committed and that the person charged committed it.
15. "Prosecuting attorney" means any attorney who is authorized to appear for and on behalf of the state of Colorado in a criminal case.
16. A "search warrant" is a written order made by a judge of a court of record commanding a peace officer to search the person, premises, place, property, or thing described in the search warrant and to seize property described or identified therein.
17. "Summons" means a written order or notice directing that a person appear before a designated court at a stated time and place and answer to a charge against him.
18. A "warrant" is a written order issued by a judge of a court of record directed to any peace officer commanding the arrest of the person named or described in the order.

Source: L. 72: R&RE, p. 191, § 1. C.R.S. 1963: § 39-1-105. L. 79: (7.5) added, p. 678, § 2, effective July 1. L. 87: (8.5) added, p. 657, § 15, effective July 1. L. 93: (8.5)(a)(I) and (8.5)(b) amended, p. 1633, § 14, effective July 1. L. 2012: (3.5) added, (HB 12-1266), ch. 280, p. 1525, § 42, effective July 1. L. 2013: (3) and (5) amended, (HB 13-1236), ch. 202, p. 820, § 1, effective May 11; (10) amended, (SB 13-229), ch. 272, p. 1426, § 2, effective July 1.

Cross references: For mandatory sentences for crimes of violence, see § 18-1.3-406.

16-1-105. Interpretation of words and phrases.

1. In interpreting this code, such words and phrases as are defined in this article shall have the meanings indicated by their definitions, unless a particular context clearly requires a different meaning.
2. Words or phrases not defined in this code but which are defined in the "Colorado Criminal Code" (title 18, C.R.S.) shall have the meanings given therein except when a particular context clearly requires a different meaning.
3. Words and phrases used in this code and not expressly defined shall be construed according to the rules governing the construction of statutes of this state.

Source: L. 72: R&RE, p. 191, § 1. C.R.S. 1963: § 39-1-104.

Cross references: For statutory provisions concerning the construction of statutes, see article 4 of title 2.

16-1-106. Electronic transmission of documents required for arrest and search warrants under code authorized - definitions.

1. Whenever a written application for a warrant is required, it shall include both a written application and a sworn or affirmed affidavit. A peace officer may submit an application and affidavit for a warrant and the court may issue the warrant by an electronically or electromagnetically transmitted facsimile or by an electronic transfer that may include an electronic signature. Whenever a sworn or affirmed affidavit is required, the court may orally administer the oath or affirmation to the affiant and the affiant may then electronically transmit back to the court a written affidavit of the oath or affirmation.
2. Procedures governing application for and issuance of arrest or search warrants consistent with this section may be established by rule of the Colorado supreme court, which rule should require the court administrator to establish paper quality and durability standards for warrants issued pursuant to this section.
3. 1. Any electronically or electromagnetically transmitted facsimile of a document authorized to be made by this section shall be treated as an original document.
   2. A warrant, signed affidavit, and accompanying documents may be transmitted by electronic facsimile transmission or by electronic transfer with electronic signatures to the judge, who may act upon the transmitted documents as if they were originals. A warrant affidavit may be sworn to or affirmed by administration of the oath over the telephone by the judge. The affidavit with electronic signature received by the judge or magistrate and the warrant approved by the judge or magistrate, signed with electronic signature, shall be deemed originals. The judge or magistrate shall facilitate the filing of the original affidavit and original warrant with the clerk of the court and shall take reasonable steps to prevent tampering with the affidavit and warrant. The issuing judge or magistrate shall also forward a copy of the warrant and affidavit, with electronic signatures, to the affiant. This subsection (3) does not authorize the court to issue warrants without having in its possession either a faxed copy of the signed affidavit and warrant or an electronic copy of the affidavit and warrant with electronic signatures.
4. For purposes of this section:
   1. "Digital signature" means a document hash-encrypted with a private cryptographic key that can be used to authenticate the identity of the sender of a message or the signer of a document and can ensure that the original content of the message or document that has been sent is unchanged.
   2. "Digitized signature" means an electronic representation of an actual handwritten signature in which the image of a handwritten signature is created and saved using various methods, such as using a signature pad, scanning a handwritten signature, or digital photography. A digitized signature may be captured at the time the user applies the signature, or a previously saved image may be applied.
   3. "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. An electronic signature may include, but is not limited to, a digitized signature or a digital signature.

Source: L. 92: Entire section added, p. 444, § 1, effective April 16. L. 2007: (1) and (3) amended and (4) added, p. 22, § 1, effective March 1. L. 2011: (3)(b) amended, (HB 11-1018), ch. 18, p. 46, § 2, effective March 11. L. 2012: (3)(b) amended, (HB 12-1095), ch. 49, p. 180, § 1, effective August 8.

16-1-107. Integrated court online network - municipal court records - legislative declaration.

1. The general assembly hereby finds and declares that:
   1. The report on the pilot project on criminal background checks for child care providers, prepared for the state department of human services, was presented to the general assembly in August of 2000;
   2. Said report contained several recommendations for the improvement of the process of obtaining accurate and complete criminal history records for child care workers and volunteers;
   3. Some of those recommendations involved the records contained in the integrated Colorado online network (ICON) of the state judicial department and the ability to identify case dispositions;
   4. Other recommendations involved the work of the courts and the state judicial department in assisting in the completion and implementation of the integrated criminal justice information system program established by article 20.5 of this title.
2. The general assembly further finds and declares that, in order to assure that criminal background checks for child care workers are accurate and complete, it is critical that the criminal justice agencies participating in the integrated criminal justice information system program established by article 20.5 of this title and political subdivisions continue to work with each other to complete and implement such program in a timely manner and consider the integration of municipal records, including the county court records of the city and county of Denver, into such program.

Source: L. 2001: Entire section added, p. 612, § 1, effective May 30.

16-1-108. Admission of records in court.

1. In a trial or hearing, all official records and documents of the state of Colorado, as defined in section 42-2-121 (2)(c), C.R.S., shall:
   1. Be admissible in all county and district courts within the state of Colorado without further foundation;
   2. Be statutory exceptions to rule 802 of the Colorado rules of evidence; and
   3. Constitute prima facie proof of the information contained in the record or document if the record or document is accompanied by a certificate stating that the executive director of the department of revenue, or the executive director's appointee, has custody of the record or document and accompanied by and attached to a cover page that:
      1. Specifies the number of pages, exclusive of the cover page, that constitute the record or document being submitted; and
      2. Bears the signature of the executive director of the department of revenue, or the executive director's appointee, attesting to the authenticity of the record or document; and
      3. Bears the official seal of the department of revenue or a stamped or printed facsimile of the seal.
2. As used in subsection (1) of this section, "official records and documents" includes any mechanically or electronically reproduced copy, photograph, or printout of a record or document or any portion of a record or document filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121 (2)(c), C.R.S. The department of revenue may also permit the electronic transmission of information for direct recording in the department of revenue's records and systems. Information transmitted by an electronic means that is approved by the department of revenue constitutes an official record for the purposes of this section, regardless of whether an original source document for the information exists or ever existed. The certificate and cover page and its contents required by subsection (1) of this section may be electronically produced and transmitted. An electronic reproduction of the certificate and cover page, including an electronic signature of the executive director of the department of revenue or of the executive director's appointee and an electronic reproduction of the official seal of the department of revenue, shall be admissible in court as set forth in subsection (1) of this section.
3. A record or document shall not be required to include every page of a record or document filed with, maintained by, or prepared by the department of revenue pursuant to this section to be an official record or document, if the official record or document includes all of those portions of the record or document relevant to the trial or hearing for which it is prepared. There shall be a presumption that the official record or document contains all information that is relevant to the trial or hearing.

Source: L. 2004: Entire section added, p. 1379, § 6, effective July 1. L. 2005: IP(1) and (2) amended, p. 765, § 24, effective June 1.

16-1-109. Eyewitness identification procedures - legislative declaration - definitions - policies and procedures - training - admissibility.

1. The general assembly finds and declares that:
   1. Over the past forty years, a large body of peer-reviewed scientific research and practice has demonstrated that simple systematic changes in the administration of eyewitness identification procedures by all law enforcement agencies can greatly improve the accuracy of those identifications and strengthen public safety while protecting the innocent;
   2. The integrity of Colorado's criminal justice system benefits from adherence to peer-reviewed research-based practices in the investigation of criminal activity; and
   3. Colorado will benefit from the development and use of written law enforcement policies that are derived from peer-reviewed scientific research and research-based practices, which will ultimately improve the accuracy of eyewitness identification and strengthen the criminal justice system in Colorado.
2. As used in this section, unless the context otherwise requires:
   1. "Blind" means the administrator of a live lineup, photo array, or showup does not know the identity of the suspect.
   2. "Blinded" means the administrator of a live lineup, photo array, or showup may know who the suspect is but does not know in which position the suspect is placed in the photo array when it is viewed by the eyewitness.
   3. "Eyewitness" means a person who observed another person at or near the scene of an offense.
   4. "Filler" means either a person or a photograph of a person who is not suspected of the offense in question and is included in an identification procedure.
   5. "Live lineup" means an identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons who are not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
   6. "Peace officers standards and training board" or "P.O.S.T. board" means the board created in section 24-31-302, C.R.S., for the certification of peace officers in Colorado.
   7. "Photo array" means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons who are not suspected of the offense, is displayed to an eyewitness either in hard copy form or via electronic means for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
   8. "Showup" means an identification procedure in which an eyewitness is presented with a single suspect in person for the purpose of determining whether the eyewitness identifies the individual as the perpetrator.
3. 1. On or before July 1, 2016, any Colorado law enforcement agency charged with enforcing the criminal laws of Colorado and that, as part of any criminal investigation, uses or might use any eyewitness identification procedure shall adopt written policies and procedures concerning law enforcement-conducted eyewitness identifications. The policies and procedures adopted and implemented by a law enforcement agency must be consistent with eyewitness identification procedures of nationally recognized peer-reviewed research or the policies and procedures developed, agreed upon, and recommended by the Colorado attorney general's office and the Colorado district attorneys' council. The policies and procedures must include, but need not be limited to, the following:
      1. Protocols guiding the use of a showup;
      2. Protocols guiding the recommended use of a blind administration of both photo arrays and live lineups or the recommended use of a blinded administration of the identification process when circumstances prevent the use of a blind administration;
      3. The development of a set of easily understood instructions for eyewitnesses that, at a minimum, advise the eyewitness that the alleged perpetrator may or may not be present in the photo array or live lineup and that the investigation will continue whether or not the eyewitness identifies anyone as the alleged perpetrator in the photo array or live lineup;
      4. Instructions to the law enforcement agency regarding the appropriate choice and use of fillers in compiling a live lineup or photo array, including ensuring that fillers match the original description of the perpetrator; and
      5. Protocols regarding the documentation of the eyewitness' level of confidence as elicited at the time he or she first identifies an alleged perpetrator or other person and memorialized verbatim in writing.
   2. On or before July 1, 2016, all Colorado law enforcement agencies that conduct eyewitness identifications shall adopt and implement the written policies and procedures required by paragraph (a) of this subsection (3). If a law enforcement agency does not complete or adopt its own written policies and procedures relating to eyewitness identifications, the law enforcement agency must, on or before July 1, 2016, adopt and implement the model policies and procedures as developed and approved in 2015 by the Colorado attorney general and the Colorado district attorneys' council.
   3. Local law enforcement policies and procedures relating to eyewitness identification are public documents. All such policies and procedures must be available, without cost, to the public upon request pursuant to the provisions of this section.
   4. Subject to available resources, law enforcement shall create, conduct, or facilitate professional training programs for law enforcement officers and other relevant personnel on methods and technical aspects of eyewitness identification policies and procedures. While these training programs shall be approved by the P.O.S.T. board, any programs may be created, provided, and conducted by any law enforcement agency, the office of the attorney general, the Colorado district attorneys' council, or any other P.O.S.T-approved training entity.
4. Policies and procedures adopted and implemented by a law enforcement agency pursuant to this section shall be reviewed by the agency at least every five years to ensure consistency with nationally recognized peer-reviewed research.
5. Compliance or failure to comply with any of the requirements of this section is considered relevant evidence in any case involving eyewitness identification, as long as such evidence is otherwise admissible.

Source: L. 2015: Entire section added, (SB 15-058), ch. 110, p. 321, § 1, effective July 1.

16-2-101. Misdemeanor and petty offense procedures - statement of purpose.

In order to provide a simple and expeditious method for the prosecution of misdemeanors and petty offenses in county courts but one which also guarantees to the defendant his constitutional rights, the general assembly does hereby establish a simplified criminal procedure for misdemeanors and petty offenses to be used under the circumstances set forth in this code in sections 16-2-102 to 16-2-114.

Source: L. 72: R&RE, p. 193, § 1. C.R.S. 1963: § 39-2-101.

16-2-102. Definitions.

As used in sections 16-2-104 to 16-2-114, "summons and complaint" means a document combining the functions of both a summons and a complaint.

Source: L. 72: R&RE, p. 193, § 1. C.R.S. 1963: § 39-2-102.

16-2-103. Application of article.

1. Sections 16-2-102 to 16-2-114 apply only to the prosecution of misdemeanors and petty offenses in county courts under simplified procedure and have no application to misdemeanors or petty offenses prosecuted in other courts or to felonies.
2. Any matter arising in a proceeding under simplified procedure not specifically covered by sections 16-2-102 to 16-2-114 shall be subject to the other provisions of this code and any other applicable statute or court rule or, in the absence of such statute or court rule, to the application of common law principles. In any case due regard shall be had for speed and simplicity.

Source: L. 72: R&RE, p. 193, § 1. C.R.S. 1963: § 39-2-103.

16-2-104. Issuance of summons and complaint.

A summons and complaint may be issued by any peace officer for an offense constituting a misdemeanor or a petty offense committed in his presence or, if not committed in his presence, which he has probable cause to believe was committed and probable cause to believe was committed by the person charged. Except for penalty assessment notices, which shall be handled according to the procedures set forth in section 16-2-201, a copy of a summons and complaint so issued shall be filed immediately with the county court before which appearance is required, and a second copy shall be given to the district attorney or deputy district attorney for the county.

Source: L. 72: R&RE, p. 193, § 1. C.R.S. 1963: § 39-2-104. L. 73: p. 498, § 1.

Cross references: For the description of peace officer as it applies to the "Colorado Criminal Code", see § 16-2.5-101.

16-2-105. Issuance of summons after complaint. (Repealed)

Source: L. 72: R&RE, p. 193, § 1. C.R.S. 1963: § 39-2-105. L. 98: Entire section repealed, p. 946, § 2, effective May 27.

16-2-106. Content of summons and complaint.

A summons and complaint issued by a peace officer shall contain the name of the defendant, shall identify the offense charged, including a citation of the statute alleged to have been violated, shall contain a brief statement or description of the offense charged, including the date and approximate location thereof, and shall direct the defendant to appear before a specified county court at a stated date, time, and place.

Source: L. 72: R&RE, p. 193, § 1. C.R.S. 1963: § 39-2-106.

16-2-107. Content of summons after complaint.

A summons issued out of the county court after a complaint is filed need contain only the date, time, and place of appearance of the defendant, but a copy of the complaint shall be attached to and served with the summons.

Source: L. 72: R&RE, p. 194, § 1. C.R.S. 1963: § 39-2-107.

16-2-108. Place of appearance and trial.

The place at which the summons directs the defendant to appear shall be the place at which the court having jurisdiction over the matter customarily sits. It shall be a location at which the county court of the county in which the offense was alleged to have been committed sits regularly unless otherwise provided by this section. If the summons and complaint is issued by a peace officer and served personally upon the defendant by such peace officer, it may direct appearance at a location in which the county court of an adjoining county sits regularly if such a place is agreed to be more convenient by both the peace officer and the defendant. Costs and fines, to the extent provided by law, shall be retained by the county in which the matter is heard.

Source: L. 72: R&RE, p. 194, § 1. C.R.S. 1963: § 39-2-108. L. 91: Entire section amended, p. 429, § 5, effective May 24.

16-2-109. Service of summons.

A summons issued by the county court in a prosecution for a misdemeanor or class 1 petty offense may be served by giving a copy to the defendant personally or by leaving a copy at the defendant's usual place of abode with some person over the age of eighteen years residing therein or by mailing a copy to the defendant's last known address by certified mail, return receipt requested, not less than fourteen days prior to the time the defendant is required to appear. Service by mail shall be complete upon the return of the receipt signed by the defendant. Personal service shall be made by any disinterested party over the age of eighteen years.

Source: L. 72: R&RE, p. 194, § 1. C.R.S. 1963: § 39-2-109. L. 90: Entire section amended, p. 923, § 2, effective March 27. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 842, § 57, effective July 1.

16-2-110. Failure to appear.

If a person upon whom a summons or summons and complaint has been served pursuant to this part 1 fails to appear in person or by counsel at the place and time specified therein, a bench warrant may issue for his arrest.

Source: L. 72: R&RE, p. 194, § 1. C.R.S. 1963: § 39-2-110. L. 87: Entire section amended, p. 603, § 1, effective July 1.

16-2-111. Admission to bail pending appearance.

Any person charged with a misdemeanor or petty offense by complaint filed in the county court shall be admitted to bail or pretrial release as provided in article 4 of this code. When the county judge or judges are not immediately available for purposes of admission to bail or pretrial release of persons arrested and brought to the county court or jail, on charges of committing a misdemeanor or petty offense, such persons may be admitted to bail or be given a pretrial release by an appropriate officer designated by court rule. Unless otherwise provided by statute or supreme court rule, the county court shall provide by rule for the conditions and circumstances under which an admission to bail or pretrial release will be granted pending appearance before the judge, but in no event shall any such rule require conditions or impose liabilities in excess of those required by this code for cases filed in the district court.

Source: L. 72: R&RE, p. 194, § 1. C.R.S. 1963: § 39-2-111.

16-2-112. Arrest followed by a complaint.

If a peace officer makes an arrest without a warrant of a person for a misdemeanor or a petty offense, the arrested person shall be taken without unnecessary delay before the nearest available county or district judge. Thereafter, a complaint shall be filed immediately in the county court having jurisdiction of the offense and a copy thereof given to the defendant at or before the time he is arraigned. The provisions of this section are subject to the right of the arresting authority to release the arrested person pursuant to section 16-3-105.

Source: L. 72: R&RE, p. 195, § 1. C.R.S. 1963: § 39-2-112.

16-2-113. Appearance of defendant before judge - subsequent procedure.

1. Upon appearance of the defendant before the judge in response to a summons or following arrest for a misdemeanor or a petty offense and in all proceedings thereafter unless otherwise provided in this code, the Colorado rules of criminal procedure are applicable. Prosecution may be conducted on the summons and complaint or the separate complaint if one has been filed. Trial may be held forthwith if the court calendar permits, immediate trial appears proper, and the parties do not request a continuance for good cause. Otherwise, the case shall be set for trial as soon as possible.
2. Upon appearance before a judge for an offense under section 42-2-138 (1)(d) or 42-4-1301 (1) or (2)(a), C.R.S., the judge may order conditions of the summons, including but not limited to drug and alcohol evaluation and treatment. For a violation of an order entered pursuant to this subsection (2), a court may revoke the summons, issue a warrant for the defendant's arrest, and impose bail pursuant to the provisions of article 4 of this title.

Source: L. 72: R&RE, p. 195, § 1. C.R.S. 1963: § 39-2-113. L. 2008: Entire section amended, p. 785, § 2, effective July 1.

16-2-114. Appeals.

1. The defendant may appeal a judgment of the county court in a criminal action under simplified procedure to the district court of the county. To appeal, the defendant shall, within thirty-five days after the date of entry of the judgment or the denial of posttrial motions, whichever is later, file notice of appeal in the county court, post any advance costs that are required for the preparation of the record, and serve a copy of the notice of appeal upon the appellee. The defendant shall also, within such thirty-five days, docket the appeal in the district court and pay the docket fee. No motion for new trial or in arrest of judgment shall be required as a prerequisite to an appeal, but such motions may be made pursuant to applicable rule of the Colorado supreme court.
2. The notice of appeal shall state with particularity the alleged errors of the county court or other grounds relied upon for the appeal and shall include a stipulation or designation of the evidence and other proceedings which the appellant desires to have included in the record certified to the district court. If the appellant intends to urge upon appeal that the judgment or a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant shall include in the record a transcript of all evidence relevant to that finding or conclusion. The appellee shall have fourteen days after service upon him or her of the notice of appeal to file with the clerk of the county court and serve upon the appellant a designation of any additional parts of the transcript or record which he or she deems necessary. The advance cost of preparing the additional record shall be posted by the appellant with the clerk of the county court within seven days after service upon him or her of the appellee's designation, or the appeal will be dismissed. If the district court finds that any part of the additional record designated by the appellee was unessential to a complete understanding of the questions raised by the appeal, it shall order the appellee to reimburse the appellant for the cost advanced for the preparation of that part without regard to the outcome of the appeal.
3. Upon the filing of a notice of appeal and upon the posting of any advance costs by the appellant, as are required for the preparation of a record, unless the appellant is granted leave to proceed as an indigent, the clerk of the county court shall prepare and issue as soon as possible a record of the proceedings in the county court, including the summons and complaint or warrant, the separate complaint if any has been issued, and the judgment. The record shall also include a transcription or a joint stipulation of such part of the actual evidence and other proceedings as the parties designate. If the proceedings have been recorded electronically, the transcription of designated evidence and proceedings shall be prepared in the office of the clerk of the court, either by him or her or under his or her supervision, within forty-two days after the filing of the notice of appeal or within such additional time as may be granted by the county court. The clerk shall notify in writing the opposing parties of the completion of the record, and such parties shall have fourteen days within which to file objections. If none are received, the record shall be certified forthwith by the clerk. If objections are made, the parties shall be called for hearing and the objections settled by the county judge and the record then certified.
4. When the record has been duly certified and any additional fees therefor paid, it shall be filed with the clerk of the district court by the clerk of the county court, and the opposing parties shall be notified by the clerk of the county court of the filing.
5. A written brief setting out matters relied upon as constituting error and outlining any arguments to be made shall be filed in the district court by the appellant within twenty-one days after certification of the record. A copy of the appellant's brief shall be served upon the appellee. The appellee may file an answering brief within twenty-one days after such service. A reply brief may be filed within fourteen days after service of the answering brief. In the discretion of the district court, the time for filing briefs and answers may be extended.
6. Pending the docketing of the appeal, a stay of execution shall be granted by the county court upon request. If a sentence of imprisonment has been imposed, the defendant may be required to post bail, and if a fine and costs have been imposed, a deposit of the amount thereof or the posting of a bond for the payment thereof may be required by the county court. Upon a request for stay of execution made anytime after the docketing of the appeal, this action may be taken by the district court. Stays of execution granted by the county court or district court and, with the written consent of the sureties if any, bonds posted with such courts shall remain in effect until after final disposition of the appeal, unless modified by the district court.
7. If for any reason an adequate record cannot be certified to the district court, the case shall be tried de novo in that court. No action on appeal shall result in an increase in penalty.
8. Unless there is further review by the supreme court upon writ of certiorari pursuant to the rules of that court, after final disposition of the appeal the judgment on appeal entered by the district court shall be certified to the county court for action as directed by the district court, except in cases tried de novo by the district court or in cases in which the district court modifies the county court judgment, and, in such cases, the judgment on appeal shall be that of the district court and so enforceable.
9. Repealed.

Source: L. 72: R&RE, p. 195, § 1. C.R.S. 1963: § 39-2-114. L. 85: (9) repealed, p. 572, § 12, effective November 14, 1986. L. 2012: (1), (2), (3), and (5) amended, (SB 12-175), ch. 208, p. 842, § 58, effective July 1. L. 2013: (3) amended, (HB 13-1086), ch. 32, p. 77, § 2, effective July 1.

16-2-201. Penalty assessment procedure.

1. When a person is arrested for a class 2 petty offense, the arresting officer may either give the person a penalty assessment notice and release him upon its terms or take him before a judge of the county court in the county in which the alleged offense occurred. The choice of procedures shall be based upon circumstances which reasonably persuade the officer that the alleged offender is likely or unlikely to comply with the terms of the penalty assessment notice. Such circumstances may include the officer accompanying the offender to a post office or mailbox and witnessing the deposit in the mail of the notice with payment of the fine attached.

   (1.5) The provisions of subsection (1) of this section notwithstanding, when an officer comes upon an unattended vehicle which is parked in apparent violation of any county parking ordinance, the officer may place upon the vehicle a penalty assessment notice as specified in subsection (2) of this section; except that said notice shall contain the license plate number and state of registration of the vehicle and need not contain the identification of the alleged offender.

2. The penalty assessment notice shall be a summons and complaint containing identification of the alleged offender, specification of the offense and applicable fine, a requirement that the alleged offender pay the fine or appear to answer the charge at a specified time and place, and any other matter reasonably adapted to effectuating the purposes of this section. A duplicate copy shall be sent to the clerk of the county court in the county in which the alleged offense occurred. The provisions of this section shall not apply to penalties assessed pursuant to authority of law outside this code unless this section is specifically referred to in such other law.
3. If the person given a penalty assessment notice chooses to acknowledge his guilt, he may pay the specified fine in person or by mail at the place and within the time specified in the notice. If he chooses not to acknowledge his guilt, he shall appear as required in the notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which he was found guilty, but customary court costs may be assessed against him in addition to the fine.

Source: L. 72: R&RE, p. 197, § 1. C.R.S. 1963: § 39-2-201. L. 73: p. 498, § 2. L. 91: Entire section amended, p. 423, § 1, effective March 11.

16-2.5-101. Peace officer - description - general authority.

1. A person who is included within the provisions of this article and who meets all standards imposed by law on a peace officer is a peace officer, and, notwithstanding any other provision of law, no person other than a person designated in this article is a peace officer. A peace officer may be certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S., and, at a minimum, has the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties, unless otherwise limited within this part 1.
2. A peace officer certified by the peace officers standards and training board shall have the authority to carry firearms at all times, concealed or otherwise, subject to the written firearms policy created by the agency employing the peace officer. All other peace officers shall have the authority to carry firearms, concealed or otherwise, while engaged in the performance of their duties or as otherwise authorized by the written policy of the agency employing the officer.
3. As used in every statute, unless the context otherwise requires, "law enforcement officer" means a peace officer.

Source: L. 2003: Entire article added, p. 1605, § 2, effective August 6. L. 2006: (1) amended, p. 27, § 1, effective July 1, 2007.

16-2.5-102. Certified peace officer - P.O.S.T. certification required.

The following peace officers shall meet all the standards imposed by law on a peace officer and shall be certified by the peace officers standards and training board, referred to in this article as the "P.O.S.T. board": A chief of police; a police officer; a sheriff; an undersheriff; a deputy sheriff; a Colorado state patrol officer; a town marshal; a deputy town marshal; a reserve police officer; a reserve deputy sheriff; a reserve deputy town marshal; a police officer or reserve police officer employed by a state institution of higher education; a Colorado wildlife officer; a Colorado parks and recreation officer; a Colorado police administrator or police officer employed by the Colorado mental health institute at Pueblo; an attorney general criminal investigator; a community parole officer; a public transit officer; a municipal court marshal; and the department of corrections inspector general.

Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6. L. 2004: Entire section amended, p. 1162, § 2, effective May 27. L. 2008: Entire section amended, p. 85, § 1, effective March 18. L. 2010: Entire section amended, (HB 10-1422), ch. 419, p. 2069, § 26, effective August 11. L. 2016: Entire section amended, (SB 16-189), ch. 210, p. 759, § 25, effective June 6.

16-2.5-103. Sheriff - undersheriff - certified deputy sheriff - noncertified deputy sheriff.

1. A sheriff, an undersheriff, and a deputy sheriff are peace officers whose authority shall include the enforcement of all laws of the state of Colorado. A sheriff shall be certified by the P.O.S.T. board pursuant to section 30-10-501.6, C.R.S. An undersheriff and a deputy sheriff shall be certified by the P.O.S.T. board.
2. A noncertified deputy sheriff or detention officer is a peace officer employed by a county or city and county whose authority is limited to the duties assigned by and while working under the direction of the chief of police, sheriff, an official who has the duties of a sheriff in a city and county, or chief executive of the employing law enforcement agency.

Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6.

16-2.5-104. Coroner.

A coroner is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to part 6 of article 10 of title 30, C.R.S.

Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6.

16-2.5-105. Police officer.

A police officer, including a chief of police employed by a municipality, is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6.

16-2.5-106. Southern Ute Indian police officer.

A Southern Ute Indian police officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6.

16-2.5-107. Ute Mountain Ute Indian police officer.

A Ute Mountain Ute Indian police officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1606, § 2, effective August 6.

16-2.5-108. Town marshal - deputy.

A town marshal or deputy town marshal is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1607, § 2, effective August 6.

16-2.5-109. Fire arson investigator.

A fire arson investigator authorized by a unit of local government is a peace officer while engaged in the performance of his or her duties whose authority shall be limited to the enforcement of arson and related laws and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1607, § 2, effective August 6. L. 2008: Entire section amended, p. 703, § 1, effective May 1.

16-2.5-110. Reserve police officer - reserve deputy sheriff - reserve deputy town marshal - definitions.

1. 1. A reserve police officer, a reserve deputy sheriff, and a reserve deputy town marshal are reserve officers.
   2. "Reserve officer" means a person authorized by a city, city and county, town, county, or state institution of higher education within this state to act as a reserve police officer, reserve deputy sheriff, or reserve town marshal for certain specific and limited periods of time while the person is authorized to be on duty and acting at the express direction or under the direct supervision of a fully P.O.S.T.-certified peace officer pursuant to section 16-2.5-103, 16-2.5-105, 16-2.5-108, or 16-2.5-120. A reserve officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited to the authority granted by his or her authorizing agency.
   3. A reserve officer:
      1. Shall obtain reserve certification by the P.O.S.T. board as a reserve officer; or
      2. May be a fully P.O.S.T.-certified peace officer serving as a volunteer and may be granted full peace officer status and authority at the discretion of the appointing authority.
2. A city, city and county, town, county, or state institution of higher education assigning duties to a reserve officer beyond those duties included in the P.O.S.T. board training shall assume the responsibility for ensuring that the reserve officer is adequately trained for the duties. Any expenses associated with the additional training shall be authorized by the city, city and county, town, county, or state institution of higher education. If the jurisdiction allows or requires the reserve officer to carry or use a firearm while on duty, the reserve officer shall be certified for firearms proficiency with the same frequency and subject to the same requirements as a P.O.S.T.-certified peace officer in the jurisdiction. A reserve officer who does not comply with the training requirements set forth in this subsection (2) is not authorized to enforce the laws of the state of Colorado.
3. (Deleted by amendment, L. 2007, p. 121 , § 1, effective August 3, 2007.) (3.5) If a police chief, sheriff, or town marshal determines that a reserve officer has been adequately trained to perform a law-enforcement function that the police chief, sheriff, or town marshal is required to perform, the police chief, sheriff, or town marshal may allow the reserve officer to perform the function either in uniform or in civilian clothes, whichever is appropriate.
4. When performing extradition duties, the reserve officer shall be accompanied by a P.O.S.T.-certified officer.
5. A reserve officer may be compensated for his or her time during a declared emergency or during a time of special need. In all other circumstances, a reserve officer shall serve without compensation, but may be reimbursed at the discretion of the city, city and county, town, county, or state institution of higher education benefitting from the services of the reserve officer for any authorized out-of-pocket expenses incurred in the course of his or her duties. The city, city and county, town, county, or state institution of higher education shall pay the cost of workers' compensation benefits for injuries incurred by a reserve officer while on duty and while acting within the scope of his or her assigned duties. A reserve officer is an authorized volunteer for purposes of article 10 of title 24, C.R.S.
6. For the purposes of this section:
   1. "Direct supervision" means an assignment given by a fully P.O.S.T.-certified peace officer to a reserve officer, which assignment is carried out in the personal presence of, or in direct radio or telephone contact with, and under the immediate control of, the fully P.O.S.T.-certified peace officer.
   2. "Express direction" means a defined, task-specific assignment given by a fully P.O.S.T.-certified peace officer to a reserve officer. The fully P.O.S.T.-certified peace officer need not be present while the reserve officer carries out the assignment.
7. For the purposes of this section, a person serving as a citizen auxiliary is not a peace officer and the P.O.S.T. board shall not require the person to be certified.

Source: L. 2003: Entire article added, p. 1607, § 2, effective August 6. L. 2004: (3), (4), and (6) amended and (3.5) added, p. 678, § 1, effective August 4. L. 2007: (1), (3), and (6) amended, p. 121, § 1, effective August 3. L. 2008: (1)(b), (2), and (5) amended, p. 85, § 2, effective March 18.

16-2.5-111. Executive director of the department of public safety - deputy executive director of the department of public safety - director of the division of criminal justice in the department of public safety.

The executive director and deputy executive director of the department of public safety and the director of the division of criminal justice in the department of public safety are peace officers whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1608, § 2, effective August 6. L. 2012: Entire section amended, (HB 12-1079), ch. 21, p. 56, § 1, effective March 16.

16-2.5-112. Director of the division of homeland security and emergency management.

The director of the division of homeland security and emergency management in the department of public safety is a peace officer whose authority includes the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1608, § 2, effective August 6. L. 2012: Entire section amended, (HB 12-1283), ch. 240, p. 1132, § 39, effective July 1.

Cross references: For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 240, Session Laws of Colorado 2012.

16-2.5-112.5. Manager of the office of prevention and security within the division of homeland security and emergency management.

The manager of the office of prevention and security within the division of homeland security and emergency management in the department of public safety is a peace officer whose authority includes the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2017: Entire section added, (HB 17-1209), ch. 247, p. 1043, § 1, effective August 9.

16-2.5-113. Colorado bureau of investigation director - agent.

A director of the Colorado bureau of investigation is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board. A Colorado bureau of investigation agent is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 24-33.5-409, C.R.S., and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1608, § 2, effective August 6. L. 2013: Entire section amended, (HB 13-1076), ch. 6, p. 16, § 1, effective February 27.

16-2.5-114. Colorado state patrol officer.

A Colorado state patrol officer is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 24-33.5-212, C.R.S., and who shall be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1609, § 2, effective August 6.

16-2.5-115. Port of entry officer.

A port of entry officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 42-8-104, C.R.S.

Source: L. 2003: Entire article added, p. 1609, § 2, effective August 6.

16-2.5-116. Colorado wildlife officer - special wildlife officer.

1. A Colorado wildlife officer employed by the Colorado division of parks and wildlife in the department of natural resources is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 33-1-102 (4.3), C.R.S., and who shall be certified by the P.O.S.T. board. Each Colorado wildlife officer shall be required to complete a minimum of forty hours of continuing law enforcement education per calendar year, or such number of hours as may otherwise be required by law.
2. A special wildlife officer is a peace officer whose authority is limited as defined by the director of the division of parks and wildlife pursuant to section 33-1-110 (5), C.R.S.

Source: L. 2003: Entire article added p. 1609, § 2, effective August 6; (2) amended, p. 1954, § 50, effective August 6.

16-2.5-117. Colorado parks and recreation officer - special parks and recreation officer.

1. A Colorado parks and recreation officer employed by the Colorado division of parks and wildlife in the department of natural resources is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 33-10-102 (17), C.R.S., and who shall be certified by the P.O.S.T. board. Each Colorado parks and recreation officer shall be required to complete a minimum of forty hours of continuing law enforcement education per calendar year, or such number of hours as may otherwise be required by law.
2. A special parks and recreation officer is a peace officer whose authority is limited as defined by the director of the division of parks and wildlife pursuant to section 33-10-109 (1)(f), C.R.S.

Source: L. 2003: Entire article added, p. 1609, § 2, effective August 6; (2) amended, p. 1954, § 51, effective August 6.

16-2.5-118. Commissioner of agriculture.

The commissioner of agriculture or his or her designee is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to sections 35-36-103 and 35-36-312 of the "Commodity Handler and Farm Products Act"; the "Animal Protection Act", section 35-42-107 (4); and the "Pet Animal Care and Facilities Act", section 35-80-109 (6).

Source: L. 2003: Entire article added, p. 1609, § 2, effective August 6. L. 2017: Entire section amended, (SB 17-225), ch. 262, p. 1246, § 4, effective August 9. L. 2020: Entire section amended, (HB 20-1213), ch. 160, p. 753, § 5, effective June 29.

16-2.5-119. State brand inspector.

A state brand inspector is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 35-53-128, C.R.S.

Source: L. 2003: Entire article added, p. 1609, § 2, effective August 6.

16-2.5-120. Colorado state higher education security officer.

A Colorado state higher education security officer employed by a state institution of higher education pursuant to sections 24-7-101 to 24-7-106, C.R.S., is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6. L. 2008: Entire section amended, p. 86, § 3, effective March 18.

16-2.5-121. Executive director of the department of revenue - senior director of enforcement for the department of revenue.

The executive director and the senior director of enforcement of the department of revenue are peace officers while engaged in the performance of their duties whose authority includes the enforcement of laws and rules regarding automobile dealers pursuant to section 44-20-105 (3), the lottery pursuant to sections 44-40-106 (3) and 44-40-107 (8), medical marijuana pursuant to article 10 of title 44, limited gaming pursuant to article 30 of title 44, liquor pursuant to section 44-3-905 (1), and racing events pursuant to section 44-32-203 (1), and the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6. L. 2010: Entire section amended, (HB 10-1284), ch. 355, p. 1685, § 4, effective July 1. L. 2017: Entire section amended, (SB 17-240), ch. 395, p. 2063, § 44, effective July 1. L. 2018: Entire section amended, (SB 18-030), ch. 7, p. 139, § 7, effective October 1; entire section amended, (SB 18-034), ch. 14, p. 238, § 9, effective October 1; entire section amended, (HB 18-1023), ch. 55, p. 586, § 10, effective October 1; entire section amended, (HB 18-1024), ch. 26, p. 322, § 10, effective October 1; entire section amended, (HB 18-1025), ch. 152, p. 1078, § 6, effective October 1; entire section amended, (HB 18-1027), ch. 31, p. 362, § 6, effective October 1; entire section amended, (HB 18-1375), ch. 274, p. 1699, § 15, effective October 1. L. 2019: Entire section amended, (SB 19-224), ch. 315, p. 2936, § 14, effective January 1, 2020.

Editor's note: Amendments to this section by SB 18-030, SB 18-034, HB 18-1023, HB 18-1024, HB 18-1025, and HB 18-1027 were harmonized.

16-2.5-122. Auto industry investigator.

The director of the auto industry division or an auto industry investigator is a peace officer while engaged in the performance of his or her duties whose authority is limited to the enforcement of section 44-20-105 (3).

Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6. L. 2017: Entire section amended, (SB 17-240), ch. 395, p. 2064, § 46, effective July 1. L. 2018: Entire section amended, (SB 18-030), ch. 7, p. 139, § 8, effective October 1.

16-2.5-123. Director of the division of gaming - gaming investigator.

The director of the division of gaming in the department of revenue or a gaming investigator in the department of revenue is a peace officer while engaged in the performance of his or her duties whose primary authority shall be as stated in section 44-30-204 and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6. L. 2018: Entire section amended, (SB 18-034), ch. 14, p. 238, § 10, effective October 1.

16-2.5-124. Liquor enforcement investigator.

A liquor enforcement investigator is a peace officer while engaged in the performance of his or her duties and while acting under proper orders or regulations whose primary authority shall be as stated in sections 44-3-905 (1) and 44-7-104 and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6. L. 2018: Entire section amended, (SB 18-036), ch. 34, p. 377, § 5, effective October 1; entire section amended, (HB 18-1025), ch. 152, p. 1078, § 7, effective October 1.

Editor's note: Amendments to this section by SB 18-036 and HB 18-1025 were harmonized.

16-2.5-124.5. Director of marijuana enforcement and marijuana enforcement investigator.

The director of the marijuana enforcement division or a marijuana enforcement investigator is a peace officer while engaged in the performance of his or her duties and while acting under proper orders or rules pursuant to article 10 of title 44, and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2010: Entire section added, (HB 10-1284), ch. 355, p. 1685, § 5, effective July 1. L. 2013: Entire section amended, (HB 13-1317), ch. 329, p. 1864, § 6, effective May 28. L. 2018: Entire section amended, (HB 18-1023), ch. 55, p. 586, § 11, effective October 1. L. 2019: Entire section amended, (SB 19-224), ch. 315, p. 2937, § 15, effective January 1, 2020.

16-2.5-125. State lottery investigator.

A state lottery investigator is a peace officer while engaged in the performance of his or her duties whose primary authority shall be as stated in sections 44-40-106 (3) and 44-40-107 (8) and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6. L. 2018: Entire section amended, (HB 18-1027), ch. 31, p. 363, § 7, effective October 1.

16-2.5-126. Director of racing events - racing events supervisor - racing events investigator.

The director of racing events, a racing events supervisor, and a racing events investigator are peace officers while engaged in the performance of their duties whose primary authority shall be as stated in section 44-32-203 (1) and shall also include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1610, § 2, effective August 6. L. 2018: Entire section amended, (HB 18-1024), ch. 26, p. 322, § 11, effective October 1.

16-2.5-127. State student loan investigator.

A state student loan investigator is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 23-3.1-104 (2)(q), C.R.S.

Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.

16-2.5-128. Colorado attorney general - chief deputy attorney general - solicitor general - assistant solicitor general - deputy attorney general - assistant attorney general of criminal enforcement - assistant attorney general and employee as designated.

The attorney general, chief deputy attorney general, solicitor general, assistant solicitors general, deputy attorneys general, assistant attorneys general of criminal enforcement, and certain other assistant attorneys general and employees of the department of law who are designated by the attorney general are peace officers whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6. L. 2011: Entire section amended, (SB 11-020), ch. 39, p. 105, § 1, effective March 21.

16-2.5-129. Attorney general criminal investigator.

An attorney general criminal investigator is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.

16-2.5-130. P.O.S.T. director - P.O.S.T. board investigator.

The director of the P.O.S.T. board and a P.O.S.T. board investigator are peace officers while engaged in the performance of their duties whose primary authority shall include the enforcement of laws and rules pertaining to the training and certification of peace officers and shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.

16-2.5-131. Chief security officer for the general assembly.

The chief security officer for the general assembly is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 2-2-402, C.R.S.

Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.

16-2.5-132. District attorney - assistant district attorney - chief deputy district attorney - deputy district attorney - special deputy district attorney - special prosecutor.

A district attorney, an assistant district attorney, a chief deputy district attorney, a deputy district attorney, a special deputy district attorney, and a special prosecutor are peace officers whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.

16-2.5-133. District attorney chief investigator - district attorney investigator.

A district attorney chief investigator and a district attorney investigator are peace officers whose authority shall include the enforcement of all laws of the state of Colorado and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1611, § 2, effective August 6.

16-2.5-134. Department of corrections inspector general - department of corrections investigator.

The department of corrections inspector general and a department of corrections investigator are peace officers whose authority shall be pursuant to section 17-1-103.8, C.R.S., and whose authority shall include the enforcement of all the laws of the state of Colorado. A department of corrections investigator may be certified by the P.O.S.T. board. The inspector general shall be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6.

16-2.5-135. Executive director of the department of corrections - warden - corrections officer.

The executive director of the department of corrections, a warden, a corrections officer employed by the department of corrections, or other department of corrections employee assigned by the executive director, is a peace officer while engaged in the performance of his or her duties pursuant to title 17, C.R.S., whose primary authority is the supervision of persons in the custody or confinement of the department of corrections and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6.

16-2.5-136. Community parole officer.

A community parole officer employed by the department of corrections is responsible for supervising offenders in the community and supporting the division of adult parole in providing assistance to parolees to secure employment, housing, and other services to support their successful reintegration into the community while recognizing the need for public safety. A community parole officer is a peace officer whose authority shall be pursuant to section 17-27-105.5, C.R.S., and whose authority shall include the enforcement of all laws of the state of Colorado, and who shall be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6. L. 2010: Entire section amended, (HB 10-1360), ch. 263, p. 1193, § 1, effective May 25.

16-2.5-137. Adult probation officer.

An adult probation officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to part 2 of article 11 of this title.

Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6.

16-2.5-138. Juvenile probation officer - juvenile parole officer.

A juvenile probation officer and a juvenile parole officer are peace officers while engaged in the performance of their duties whose authority shall be limited pursuant to sections 19-2-926 and 19-2-1003, C.R.S.

Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6.

16-2.5-139. Police administrator - police officer employed by the Colorado mental health institute at Pueblo.

A police administrator and a police officer employed by the Colorado mental health institute at Pueblo are peace officers whose authority shall include the enforcement of all laws of the state of Colorado pursuant to article 7 of title 24, C.R.S., and who shall be certified by the P.O.S.T. board. Each police administrator or police officer employed by the Colorado mental health institute at Pueblo shall complete a minimum of forty hours of continuing law enforcement education per calendar year, or such number of hours as may otherwise be required by law.

Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6. L. 2009: Entire section amended, (SB 09-097), ch. 110, p. 456, § 1, effective August 5.

16-2.5-140. Correctional security officer employed by the Colorado mental health institute at Pueblo.

A correctional security officer employed by the Colorado mental health institute at Pueblo is a peace officer while engaged in the performance of his or her duties as provided in article 7 of title 24, C.R.S., and whose authority shall include the enforcement of all laws of the state of Colorado, and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1612, § 2, effective August 6. L. 2009: Entire section amended, (SB 09-097), ch. 110, p. 456, § 2, effective August 5.

16-2.5-141. Colorado state security guard.

A Colorado state security guard is a peace officer while engaged in the performance of his or her duties pursuant to article 7 of title 24, C.R.S., whose authority shall be limited to the scope and authority of his or her assigned duties and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1613, § 2, effective August 6. L. 2009: Entire section amended, (SB 09-097), ch. 110, p. 456, § 3, effective August 5.

16-2.5-142. Railroad peace officer.

A railroad peace officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to section 40-32-104.5, C.R.S., and who may be certified by the P.O.S.T. board.

Source: L. 2003: Entire article added, p. 1613, § 2, effective August 6.

16-2.5-143. Public utilities commission member.

A public utilities commission member is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to articles 1 to 17 of title 40, C.R.S.

Source: L. 2003: Entire article added, p. 1613, § 2, effective August 6.

16-2.5-144. Colorado National Guardsman.

A Colorado National Guardsman is a peace officer while acting under call of the governor in cases of emergency or civil disorder. His or her authority shall be limited to the period of call-up specified by the governor and shall be exercised only if the executive order of the governor calling the National Guard to state duty specifies that enforcement of the laws of the state of Colorado is a purpose for the call-up.

Source: L. 2003: Entire article added, p. 1613, § 2, effective August 6.

16-2.5-145. Municipal court marshal.

A municipal court marshal who is employed by a municipality and is specifically designated a peace officer by the municipality is a peace officer while engaged in the performance of his or her duties. The authority of such a municipal court marshal shall be limited to providing security for the municipal court, transporting, detaining, and maintaining control over prisoners, executing all arrest warrants within the municipal court and its grounds, executing municipal court arrest warrants within the municipal limits, and serving legal process issued by the municipal court within the municipal limits. A municipal court marshal shall be certified by the P.O.S.T. board.

Source: L. 2004: Entire section added, p. 414, § 1, effective April 12. L. 2006: Entire section amended, p. 27, § 2, effective July 1, 2007.

16-2.5-146. Public transit officer - definitions.

1. A public transit officer who is employed by a public transportation entity and is specifically designated a peace officer by the public transportation entity is a peace officer while engaged in the performance of his or her duties in accordance with any policies and procedures adopted by the public transportation entity. A public transit officer's authority includes the enforcement of all laws of the state of Colorado. A public transit officer shall be certified by the P.O.S.T. board.
2. As used in this section, "public transportation entity" means a mass transit district, a mass transit authority, or any public entity authorized under the laws of this state to provide mass transportation services to the general public.

Source: L. 2004: Entire section added, p. 1162, § 1, effective May 27. L. 2006: (1) amended, p. 28, § 3, effective July 1, 2007. L. 2012: (1) amended, (SB 12-044), ch. 274, p. 1449, § 5, effective June 8. L. 2015: Entire section amended, (SB 15-221), ch. 268, p. 1044, § 1, effective August 5.

16-2.5-147. Federal special agents.

1. A special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement, in any jurisdiction within the state of Colorado, is a peace officer whose authority is limited as provided in this section. The special agent, deputy or special deputy, or officer is authorized to act in the following circumstances:
   1. The special agent, deputy or special deputy, or officer is:
      1. Responding to a nonfederal felony or misdemeanor that has been committed in the presence of the special agent, deputy or special deputy, or officer;
      2. Responding to an emergency situation in which the special agent, deputy or special deputy, or officer has probable cause to believe that a nonfederal felony or misdemeanor involving injury or threat of injury to a person or property has been, or is being, committed and immediate action is required to prevent escape, serious bodily injury, or destruction of property;
      3. Rendering assistance at the request of a Colorado peace officer; or
      4. Effecting an arrest or providing assistance as part of a bona fide task force or joint investigation with Colorado peace officers; and
   2. The agent, deputy or special deputy, or officer acts in accordance with the rules and regulations of his or her employing agency.
2. A special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement is a person who is employed by the United States government, assigned to the federal bureau of investigation, the United States bureau of alcohol, tobacco, firearms, and explosives, the United States marshal service, or the federal protective service of the United States department of homeland security immigration and customs enforcement, empowered to effect an arrest with or without a warrant for violations of the United States code, and authorized to carry a firearm and use deadly force in the performance of the special agent's, deputy's or special deputy's, or officer's official duties as a federal law enforcement officer.
3. Upon effecting an arrest under the authority of this section, a special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement shall immediately surrender custody of the arrested individual to a Colorado peace officer.
4. This section does not impose liability on or require indemnification or create a waiver of sovereign immunity by the state of Colorado for any action performed under this section by a special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement.
5. Nothing in this section shall be construed to expand the authority of federal law enforcement officers to initiate or conduct an independent investigation into violations of Colorado law.

Source: L. 2006: Entire section added, p. 126, § 1, effective March 27. L. 2008: Entire section amended, p. 701, § 1, effective August 5. L. 2011: Entire section amended, (HB 11-1073), ch. 32, p. 90, § 1, effective August 10.

16-2.5-148. Colorado state higher education police officer.

A Colorado state higher education police officer employed by a state institution of higher education pursuant to article 7.5 of title 24, C.R.S., is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado and who shall be certified by the P.O.S.T. board.

Source: L. 2008: Entire section added, p. 86, § 4, effective March 18. L. 2009: Entire section amended, (SB 09-097), ch. 110, p. 457, § 4, effective August 5.

16-2.5-149. City attorney - town attorney - senior assistant city attorney - assistant city attorney - chief deputy city attorney - deputy city attorney - special deputy city attorney - prosecuting attorney - senior prosecuting attorney - senior prosecutor - special prosecutor.

1. A city attorney, town attorney, senior assistant city attorney, assistant city attorney, chief deputy city attorney, deputy city attorney, special deputy city attorney, prosecuting attorney, senior prosecuting attorney, senior prosecutor, or special prosecutor employed or contracted by a municipality, city, town, statutory city or town, or city and county is a peace officer only while engaged in the performance of his or her duties as a prosecutor. Such peace officer's authority shall include the enforcement of all laws of the municipality, city, town, statutory city or town, or city and county and the state of Colorado, and the peace officer may be certified by the P.O.S.T. board.
2. Notwithstanding the provisions of subsection (1) of this section, the peace officer status conferred by subsection (1) of this section shall not be available to an attorney specified in subsection (1) of this section who chooses to practice as a criminal defense attorney in the state of Colorado while also working as a prosecuting attorney or an attorney who contracts with a municipality, city, town, statutory city or town, or city and county, local government to serve as a city attorney, town attorney, senior assistant city attorney, assistant city attorney, chief deputy city attorney, deputy city attorney, special deputy city attorney, prosecuting attorney, senior prosecuting attorney, senior prosecutor, or special prosecutor on a less than a full-time basis.

Source: L. 2012: Entire section added, (HB 12-1026), ch. 76, p. 256, § 1, effective April 6.

16-2.5-150. Fort Carson police officers.

A Fort Carson police officer is a peace officer while engaged in the performance of his or her duties. Fort Carson police officers are employed by the Fort Carson police, a federal civilian law enforcement agency within the state of Colorado. A Fort Carson police officer's authority includes enforcing all the laws of the constitution of the United States, the United States code, the "Uniform Code of Military Justice", 10 U.S.C. chapter 47, and the laws of the state of Colorado within the jurisdiction and properties of Fort Carson and the Piñon Canyon maneuver site, including all fixed and mobile properties of Fort Carson and the Piñon Canyon maneuver site. A Fort Carson police officer may be P.O.S.T.-certified.

Source: L. 2013: Entire section added, (SB 13-005), ch. 109, p. 377, § 1, effective August 7.

16-2.5-151. Federal secret service agents.

1. A special agent, uniform division officer, physical security technician, physical security specialist, or special officer of the United States secret service, referred to in this section as a "secret service agent", in any jurisdiction within the state of Colorado, is a peace officer whose authority is limited as provided in this section. The secret service agent is a peace officer in the following circumstances:
   1. 1. Responding to a nonfederal felony or misdemeanor that has been committed in his or her presence;
      2. Responding to an emergency situation in which he or she has probable cause to believe that a nonfederal felony or misdemeanor involving injury or threat of injury to a person or property has been, or is being, committed and immediate action is required to prevent escape, serious bodily injury, or destruction of property;
      3. Rendering assistance at the request of a Colorado peace officer; or
      4. Effecting an arrest or providing assistance as part of a bona fide task force or joint investigation with Colorado peace officers; and
   2. The secret service agent acts in accordance with the rules and regulations of his or her employing agency.
2. A secret service agent is a person who is employed by the United States government, assigned to the United States secret service, empowered to effect an arrest with or without a warrant for violations of the United States code, and authorized to carry a firearm and use deadly force in the performance of his or her duties as a federal law enforcement officer.
3. Upon effecting an arrest under the authority of this section, a secret service agent shall immediately surrender custody of the arrested individual to a Colorado peace officer.
4. This section does not impose liability on or require indemnification or create a waiver of sovereign immunity by the state of Colorado for any action performed under this section by a secret service agent.
5. Nothing in this section shall be construed to expand the authority of federal law enforcement officers to initiate or conduct an independent investigation into violations of Colorado law.

Source: L. 2013: Entire section added, (SB 13-013), ch. 126, p. 424, § 1, effective April 19.

16-2.5-152. Administrator of judicial security.

An administrator of judicial security employed by the judicial department is a peace officer whose authority includes the enforcement of all laws of the state of Colorado, and such administrator of judicial security must be certified by the P.O.S.T. board.

Source: L. 2018: Entire section added, (HB 18-1210), ch. 69, p. 629, § 1, effective March 22.

16-2.5-201. General assembly sunrise review of groups seeking statutory peace officer status.

1. The general assembly finds that it is necessary to ensure that clear standards exist for obtaining peace officer status in the state of Colorado. The general assembly further finds it made statutory changes in 2003 to end the stratification of peace officers and ensure all peace officers receive a consistent level of statutory protection. The general assembly therefore declares, in order to maintain clear standards and consistent statutory protections for peace officers, it is necessary for the P.O.S.T. board to review a group that seeks peace officer status either for the group or for a specific position, prior to the group seeking authorization from the general assembly for the status.
2. No later than July 1 of any year, a group, or political subdivision of the state that seeks peace officer status either for the group or for a specific position, shall submit to the P.O.S.T. board, for its review, a proposal containing the following information:
   1. A complete description of the position or a description of the group proposed for peace officer status and an estimate of the number of persons who hold the position or are in the group;
   2. A description of the specific need for the authority and protections required for the position or group;
   3. The benefit to the public that would result from granting the status;
   4. The costs associated with granting the status; and
   5. A resolution or letter of support for proposed change in status from the chief executive officer of the unit of government or political subdivision employing the group or overseeing the proposed position.
3. After receiving the information specified in subsection (2) of this section, the P.O.S.T. board shall prepare an analysis, evaluation, and recommendation of the proposed status. The analysis, evaluation, and recommendation shall be based upon criteria established by the P.O.S.T. board in rules adopted pursuant to section 16-2.5-203.
4. 1. The P.O.S.T. board shall conduct a hearing with the group seeking peace officer status for the group or for a specific position.
   2. At the hearing, the determination as to whether peace officer status is needed shall be based upon the criteria contained in the P.O.S.T. board rules.
5. After the hearing, the P.O.S.T. board shall submit a report to the group seeking peace officer status for the group or specific position and to the judiciary committees of the house of representatives and the senate no later than October 15 of the year following the year in which the proposal was submitted.
6. The group seeking peace officer status for the group or specific position may request members of the general assembly to present appropriate legislation to the general assembly during each of the two regular sessions that immediately succeed the date of the report required pursuant to subsection (2) of this section without having to comply again with the provisions of subsections (2) and (4) of this section. Bills introduced pursuant to this subsection (6) shall count against the number of bills to which members of the general assembly are limited by joint rule of the senate and the house of representatives. The general assembly shall not consider peace officer status of more than five positions or groups in any one session of the general assembly.
7. This section is exempt from the provisions of section 24-1-136 (11), C.R.S., and the periodic reporting requirement of that section shall remain in effect until changed by the general assembly acting by bill.

Source: L. 2004: Entire part added, p. 1896, § 1, effective June 4.

16-2.5-202. P.O.S.T. board review of peace officer status.

1. For a position, group, or political subdivision that received peace officer status after July 1, 2003, and did not go through the process described in section 16-2.5-201, the P.O.S.T. board shall review the peace officer authority of the position, group, or political subdivision.
2. The P.O.S.T. board shall require the group that received the peace officer status or the group or political subdivision that oversees a position that received peace officer status to submit to the P.O.S.T. board the information required in section 16-2.5-201 (2).
3. After receiving the information, the P.O.S.T. board shall prepare an analysis, evaluation, and recommendation of the peace officer status. The analysis, evaluation, and recommendation shall be based upon the criteria established in P.O.S.T. board rule.
4. The P.O.S.T. board shall conduct a hearing concerning peace officer status for the group or the specific position, pursuant to the provisions of section 16-2.5-201 (4).
5. The P.O.S.T. board shall submit a report to the group or political subdivision seeking to retain peace officer status, either for the group or for a specific position, and to the judiciary committees of the house of representatives and the senate no later than October 15 of the year following the year in which the P.O.S.T. board began the review. The report may include legislative recommendations.

Source: L. 2004: Entire part added, p. 1898, § 1, effective June 4.

16-2.5-203. Rules.

Pursuant to article 4 of title 24, C.R.S., the P.O.S.T. board shall promulgate rules establishing the criteria that shall be applied in determining whether to recommend peace officer status for a group or specific position as provided in section 16-2.5-201 (4).

Source: L. 2004: Entire part added, p. 1898, § 1, effective June 4.

16-2.5-301. Peace officer-involved shooting investigations - protocol.

1. Each police department, sheriff's office, and district attorney within the state shall develop protocols for participating in a multi-agency team, which shall include at least one other police department or sheriff's office, or the Colorado bureau of investigation, in conducting any investigation, evaluation, and review of an incident involving the discharge of a firearm by a peace officer that resulted in injury or death. The law enforcement agencies participating need not be from the same judicial district.
2. Each law enforcement agency shall post the protocol on its website or, if it does not have a website, make it publicly available upon request. The protocols required by this section shall be completed and implemented by December 31, 2015.

Source: L. 2015: Entire part added, (SB 15-219), ch. 210, p. 769, § 2, effective May 20.

Cross references: For the legislative declaration in SB 15-219, see section 1 of chapter 210, Session Laws of Colorado 2015.

16-2.5-401. Legislative declaration.

1. The general assembly hereby declares that:
   1. Peace officers involved in incidents involving a shooting or fatal use of force should have access to immediate support;
   2. The experience of police and public safety mental health professionals and scientific research show that providing training, support services, and reintegration strategies can promote positive outcomes following such incidents; and
   3. The policies required by this part 4 provide for post-incident psychological interventions that are separate and distinct from any fitness-for-duty assessment or administrative or investigative procedures that may follow.

Source: L. 2019: Entire part added, (SB 19-091), ch. 127, p. 573, § 1, effective August 2.

16-2.5-402. Definitions.

As used in this part 4, unless the context otherwise requires:

1. "Law enforcement agency" means:
   1. The Colorado state patrol created in section 24-33.5-201;
   2. The Colorado bureau of investigation created in section 24-33.5-401;
   3. The department of corrections created in section 24-1-128.5;
   4. The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124;
   5. A county sheriff's office;
   6. A municipal police department;
   7. A campus police department; or
   8. A town marshal's office.
2. "Qualified mental health professional" means:
   1. A person certified and in good standing as a police and public safety psychologist by the American Board of Police and Public Safety Psychology, or its successor organization; or
   2. A person who:
      1. Is a licensed mental health clinician in good standing with his or her licensing board; and
      2. Has demonstrated to the law enforcement agency's satisfaction through a combination of training and experience that the person is trauma informed, experienced in responding to acute trauma events, and culturally competent in understanding law enforcement work, challenges, and stressors.

Source: L. 2019: Entire part added, (SB 19-091), ch. 127, p. 574, § 1, effective August 2.

16-2.5-403. Peace officer-involved shooting or fatal use of force policy.

1. Each law enforcement agency shall develop and maintain a policy for supporting a peace officer who has been involved in a shooting or fatal use of force. An involved officer may include a peripheral officer present at the scene who reports an impact or requests supportive services. The policy must address, at a minimum:
   1. Pre-incident preparation, including training and education about both normal and problematic post-traumatic reactions commonly associated with officer-involved shootings and critical incidents;
   2. Protocols to ensure an involved officer's physical and psychological safety at the scene and following the incident;
   3. The provision of post-incident services to an involved officer, and the ability to extend post-incident services to an officer's family and significant others when warranted. The agency shall consider including in the policy, to the extent possible given the agency's size and resources:
      1. At least one confidential post-incident intervention with a qualified mental health professional in a timely manner following the incident, including through telehealth services;
      2. Ongoing confidential mental health services from a qualified mental health professional as needed, including through telehealth services; and
      3. Some form of peer support, including agency peer support or online or telehealth peer support;
   4. Guidelines for temporary leave or appropriate duty reassignment as agreed upon by an involved officer and the agency to allow an involved officer to receive services and manage the impact of the incident on an involved officer and an involved officer's family and significant others; and
   5. Guidelines and procedures for an officer's return to duty, including ongoing support and services available to an involved officer. The agency shall consider including in the policy, to the extent possible given the agency's size and resources:
      1. A reintegration plan that considers having an officer return to the scene of the incident if needed, fire his or her weapon at the range, and participate in a graded reentry with a partner; and
      2. Ongoing supportive mental health services, including confidential follow-up by a qualified mental health professional, either in person or through telehealth services.
2. The policies required by this section must be completed by January 1, 2020. Each law enforcement agency shall review the policy on a biennial basis and, if necessary, update the policy to reflect current best practices and available resources.
3. In developing, updating, and implementing the policies required by this section, law enforcement agencies are encouraged to consult with and use the resources available through the International Association of Chiefs of Police, the National Sheriffs' Association, the Fraternal Order of Police, the American Board of Police and Public Safety Psychology, the peace officers standards and training board created in section 24-31-302, and ResponderStrong, or their successor organizations, and other organizations providing similar resources and support.

Source: L. 2019: Entire part added, (SB 19-091), ch. 127, p. 574, § 1, effective August 2.

16-2.7-101. Definitions.

As used in this article, unless the context otherwise requires:

1. "DNA" means deoxyribonucleic acid.
2. "Missing person" means a person whose whereabouts are unknown and whose safety or welfare is the subject of concern.

Source: L. 2006: Entire article added, p. 394, § 1, effective April 6.

16-2.7-102. Missing person reports - acceptance.

1. Any person with relevant, credible information suggesting that a person is missing may make a missing person report to a law enforcement agency.
2. A law enforcement agency shall accept without delay a missing person report that is submitted in person if:
   1. The missing person resides, or was last known to reside, within the jurisdiction of the law enforcement agency and the missing person's last-known location is the missing person's residence or his or her location is unknown; or
   2. There is credible information indicating that the missing person was last believed to be within the jurisdiction of the law enforcement agency.
3. Each law enforcement agency is encouraged to accept a missing person report submitted by telephone or by electronic or other media to the extent that:
   1. The report meets the conditions of paragraph (a) or (b) of subsection (2) of this section; and
   2. Acceptance of the report is consistent with law enforcement policies or practices.
4. A law enforcement agency shall not refuse to accept a missing person report on the basis that the missing person has not yet been missing for any length of time.
5. Notwithstanding the provisions of subsections (2) and (3) of this section, a law enforcement agency is not required to accept a missing person report if the person is the subject of a missing person report under investigation by another law enforcement agency within this state.

Source: L. 2006: Entire article added, p. 394, § 1, effective April 6.

16-2.7-103. Missing person reports - response.

1. Upon receiving a report of a missing person, a law enforcement agency shall assess the information received from the reporting person and other available information. The law enforcement agency shall then determine the best course of action based on the circumstances.
2. 1. If the missing person is eighteen years of age or older and has allegedly been missing for twenty-four hours or more, the appropriate course of action includes entry of relevant information into state and national databases and appropriate communications with other law enforcement agencies that may assist in locating the missing person.
   2. 1. If the missing person is under eighteen years of age, the law enforcement agency shall, within twenty-four hours after receiving the report, notify the Colorado bureau of investigation pursuant to section 24-33.5-415.1 (3), C.R.S.; or
      2. If the missing person is under eighteen years of age and under the legal custody of the state department of human services or a county department of human or social services, the law enforcement agency shall, within twenty-four hours after receiving notification pursuant to section 19-1-115.3, C.R.S., notify the Colorado bureau of investigation for transmission to the federal bureau of investigation for entry into the national crime information center database.

Source: L. 2006: Entire article added, p. 395, § 1, effective April 6. L. 2015: Entire section amended, (HB 15-1078), ch. 41, p. 101, § 2, effective January 1, 2016.

16-2.7-104. Unidentified human remains - reporting - DNA samples.

1. Except as provided in section 24-80-1303, C.R.S., with regard to anthropological investigations, a person who has custody of unidentified human remains shall immediately notify the coroner or medical examiner of the county in which the remains are located and the sheriff, police chief, or land managing agency official in accordance with section 24-80-1302 (1), C.R.S.
2. If a coroner or medical examiner takes legal custody of unidentified human remains pursuant to section 24-80-1302 (2), C.R.S., or section 30-10-606 (1.2), C.R.S., the coroner or medical examiner shall make reasonable attempts to identify the human remains. These attempts may include, but need not be limited to, obtaining:
   1. Photographs of the human remains prior to an autopsy;
   2. Dental or skeletal X rays of the human remains;
   3. Photographs of items found with the human remains;
   4. Fingerprints from the human remains;
   5. Samples of tissue suitable for DNA typing from the human remains;
   6. Samples of whole bone or hair from the human remains suitable for DNA typing.
3. If a coroner or medical examiner takes legal custody of unidentified human remains pursuant to section 24-80-1302 (2), C.R.S., or section 30-10-606 (1.2), C.R.S., the coroner or medical examiner shall:
   1. Enter information concerning the physical appearance and structure of the unidentified human remains, including DNA typing information, into the national crime information center database; or
   2. Work with law enforcement officials to ensure that information concerning the physical appearance and structure of the unidentified human remains, including DNA typing information, is entered into the national crime information center database.
4. A coroner or medical examiner shall neither dispose of nor engage in actions that will materially affect unidentified human remains before the coroner or medical examiner:
   1. Obtains from the unidentified human remains samples suitable for DNA identification and archiving, if possible;
   2. Obtains photographs of the unidentified human remains; and
   3. Exhausts all other appropriate steps for identification of the human remains.
5. Until all available information concerning the physical appearance and structure of unidentified human remains is entered into the national crime information center database, cremation of unidentified human remains is prohibited.

Source: L. 2006: Entire article added, p. 395, § 1, effective April 6.

16-3-101. Arrest - when and how made.

1. An arrest may be made on any day and at any time of the day or night.
2. All necessary and reasonable force may be used in making an arrest.
3. All necessary and reasonable force may be used to effect an entry upon any building or property or part thereof to make an authorized arrest.

Source: L. 72: R&RE, p. 197, § 1. C.R.S. 1963: § 39-3-101.

16-3-102. Arrest by peace officer.

1. A peace officer may arrest a person when:
   1. He has a warrant commanding that such person be arrested; or
   2. Any crime has been or is being committed by such person in his presence; or
   3. He has probable cause to believe that an offense was committed and has probable cause to believe that the offense was committed by the person to be arrested.

Source: L. 72: R&RE, p. 198, § 1. C.R.S. 1963: § 39-3-102. L. 77: (1)(c) amended, p. 850, § 1, effective May 20.

16-3-103. Stopping of suspect.

1. A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. A peace officer shall not require any person who is stopped pursuant to this section to produce or divulge such person's social security number. The stopping shall not constitute an arrest.
2. When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects that his personal safety requires it, he may conduct a pat-down search of that person for weapons.

Source: L. 72: R&RE, p. 198, § 1. C.R.S. 1963: § 39-3-103. L. 83: (1) amended, p. 663, § 2, effective July 1. L. 2001: (1) amended, p. 941, § 9, effective July 1.

Cross references: For the stopping of persons suspected of alcohol- or drug-related traffic offenses, see § 42-4-1302.

16-3-104. Arrest by peace officer from another jurisdiction - definitions.

1. As used in this section:
   1. "State" means any state of the United States and the District of Columbia;
   2. "Peace officer" means any officer of another state having powers of arrest in that state;
   3. "Fresh pursuit" means the pursuit without unnecessary delay of a person who has committed a crime or who is reasonably believed to have committed a crime.
2. Any peace officer of another state who enters this state in fresh pursuit and continues within this state in fresh pursuit of a person in order to arrest him on the ground that he has committed a crime in the other state has the same authority to arrest and hold such person in custody as a peace officer of this state has to arrest and hold a person in custody.
3. Except as otherwise provided by law, if an arrest is made in this state by a peace officer of another state in accordance with the provisions of this section, he shall without unnecessary delay take the person arrested before the nearest available judge of a court of record. Such judge shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he shall commit the person arrested to await the time provided by law for issuance of an extradition warrant by the governor of this state, or the waiver thereof, and shall set bail if the offense is bailable under the laws of the state of Colorado. If the judge determines that the arrest was unlawful, he shall order the discharge of the person arrested.

Source: L. 72: R&RE, p. 198, § 1. C.R.S. 1963: § 39-3-104.

16-3-105. Release by arresting authority.

1. When a person has been arrested without a warrant, he may be released by the arresting authority on its own authority if:
   1. The arresting officer or a responsible command officer of the arresting authority is satisfied that there are no adequate grounds for criminal complaint against the person arrested; or
   2. The offense for which the person was arrested and is being held is a misdemeanor or petty offense and the arresting officer or a responsible command officer of the arresting authority is satisfied that the person arrested will obey a summons commanding his appearance at a later date.

   (1.5) No person arrested for any crime or offense, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), C.R.S., shall be released at the scene of the alleged crime pursuant to subsection (1) of this section.

2. If the person is released in accordance with subsection (1)(b) of this section, he shall be given a summons and complaint as provided for in sections 16-2-104 and 16-2-106 and shall sign a written acknowledgment of its receipt and a promise to appear at the time and place specified.

Source: L. 72: R&RE, p. 199, § 1. C.R.S. 1963: § 39-3-105. L. 94: (1.5) added, p. 2034, § 12, effective July 1.

16-3-106. Peace officer may pursue offender.

When any peace officer is in fresh pursuit of any alleged offender, having a warrant for his arrest or having knowledge that such warrant has been issued, or, in the absence of an arrest warrant, when the offense was committed in the officer's presence or the officer has reasonable grounds to believe that the alleged offender has committed a criminal offense, and the alleged offender crosses a boundary line marking the territorial limit of his authority, such peace officer may pursue him beyond such boundary line and make the arrest, issue a summons and complaint, or issue a notice of penalty assessment.

Source: L. 72: R&RE, p. 199, § 1. C.R.S. 1963: § 39-3-106.

16-3-107. Custodial care of prisoner in transit.

It is lawful for any peace officer who has the custody of any alleged offender following an arrest to pass through any counties which lie on his route between the place of arrest and the county to which he is taking the alleged offender and to lodge him in any jail on his route for safe custody for one night or more, as the occasion requires.

Source: L. 72: R&RE, p. 199, § 1. C.R.S. 1963: § 39-3-107.

16-3-107.5. Transportation of prisoners - definitions.

1. As used in this section, unless the context otherwise requires:
   1. "Contracting entity" means any person or entity contracting with this state, another state, or a political subdivision of this or another state to transport a prisoner; except that "contracting entity" shall not include the department of corrections, any community corrections program operated pursuant to this title, or a county sheriff of a county located within the state of Colorado.
   2. "Prisoner" means any person convicted of an offense in Colorado or any other state or any person under arrest for suspicion of the commission of a crime in Colorado or any other state.
   3. "Secure facility" means a county, city and county, or municipal jail or a nonstate-owned prison facility, as defined in section 17-24-125 (1)(b), C.R.S.
   4. "Supervising individual" means a person employed by a contracting entity to transport prisoners from one location to another.
   5. "Transport" means to move a prisoner within, into, out of, or through the state of Colorado.
2. 1. A supervising individual in each vehicle in which one or more prisoners are being transported by a contracting entity shall maintain a log book that documents for each prisoner:
      1. His or her name, date of birth, social security number, and any prescribed medication;
      2. The name of the jurisdictional authority authorizing the transportation, the date and time that the prisoner was first picked up, and the date and time that the prisoner was released to the jurisdictional authority;
      3. The date, time, length, and purpose of any stop made by the vehicle transporting any prisoner; and
      4. Information concerning any injuries suffered by the prisoner while being transported.
   2. Upon request, a supervising individual shall surrender for inspection the log book required by paragraph (a) of this subsection (2) to any federal, state, county, or municipal law enforcement officer.
3. Whenever a prisoner is transported by a contracting entity, the prisoner:
   1. At a minimum, shall be shackled and placed in a transport belt or chains with handcuffs and shall be under the observation of at least one supervising individual who shall remain awake;
   2. (Deleted by amendment, L. 2000, p. 852 , § 59, effective May 24, 2000.)
   3. Shall not be shackled to another prisoner; and
   4. Shall have available in the vehicle in which the prisoner is being transported appropriate attire for the season, including footwear.
   (3.5) Any vehicle in which one or more prisoners are being transported by a contracting entity shall only contain as many individuals as the vehicle was designed to carry.
4. 1. At least once every twenty-four hours that a prisoner is being transported by a contracting entity, the prisoner shall be housed unshackled in a cell at a secure facility for a period of not less than six hours and permitted to shower and sleep.
   2. The contracting entity or the supervising individual shall, if practicable, notify the chief law enforcement officer in charge of the secure facility in which the prisoner is to be housed, at least twenty-four hours prior to the delivery of the prisoner to the secure facility, of each prisoner's name, date of birth, criminal history, and any special medical needs.
5. Whenever a vehicle transporting one or more prisoners for a contracting entity stops for more than two hours for any reason:
   1. The supervising individual shall promptly notify, if practicable, the law enforcement agency of the local jurisdiction in which the vehicle is stopped; and
   2. All prisoners shall be housed in a secure facility unless, according to the chief law enforcement officer of the secure facility, it would be impractical to do so.
6. Whenever a vehicle transporting prisoners for a contracting entity enters the state, a supervising individual shall promptly notify the Colorado bureau of investigation of the number of prisoners and the location or locations within the state where the vehicle is scheduled to stop.
7. Whenever a prisoner is housed in a secure facility, the contracting entity shall pay to the operator of the secure facility providing the housing the actual cost of housing the prisoner.
8. Any individual or entity who violates any provision of subsections (2) to (5) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars.
9. If any prisoner being transported escapes due to the negligence of the contracting entity or a supervising individual, the contracting entity shall be held liable for all actual costs incurred by any governmental entity in recapturing the escaped prisoner and all actual damages caused by the escaped prisoner while at large.

Source: L. 98: Entire section added, p. 699, § 1, effective May 18. L. 2000: (3)(b) amended and (3.5) added, p. 852, § 59, effective May 24.

16-3-108. Issuance of arrest warrant without information or complaint.

A court shall issue an arrest warrant only on affidavit sworn to or affirmed before the judge or a notary public and relating facts sufficient to establish probable cause that an offense has been committed and probable cause that a particular person committed that offense. The court shall issue a warrant for the arrest of such person commanding any peace officer to arrest the person so named and to take the person without unnecessary delay before the nearest judge of a court of record. Once a person is brought before the judge, the Colorado rules of criminal procedure are applicable.

Source: L. 72: R&RE, p. 199, § 1. C.R.S. 1963: § 39-3-108. L. 95: Entire section amended, p. 463, § 3, effective July 1.

16-3-109. Peace officer - authority to make arrest while off duty.

A peace officer, as described in section 16-2.5-101, who, while off duty, is employed in a capacity specifically permitted by policies and procedures adopted by such officer's governmental entity employer shall possess the status and authority which would otherwise be afforded an on-duty peace officer as described in section 16-2.5-101, acting within the course and scope of such officer's employment. To be within the scope of this section, a peace officer employed by a nongovernmental entity must be in uniform with the peace officer's public entity badge plainly visible, or such peace officer must have been approved for plain clothes work by the peace officer's governmental employer.

Source: L. 92: Entire section added, p. 438, § 1, effective June 3. L. 93: Entire section amended, p. 1776, § 36, effective June 6. L. 2003: Entire section amended, p. 1621, § 35, effective August 6.

16-3-110. Peace officers - duties.

1. For the purposes of this section, "peace officer" means:
   1. A peace officer as described in section 16-2.5-101; or
   2. A federal law enforcement officer who, pursuant to federal statutes and the policy of the agency by which the officer is employed, is authorized to use deadly physical force in the performance of his or her duties.
2. A peace officer shall have the authority to act in any situation in which a felony or misdemeanor has been or is being committed in such officer's presence, and such authority shall exist regardless of whether such officer is in the jurisdiction of the law enforcement agency that employs such officer or in some other jurisdiction within the state of Colorado or whether such officer was acting within the scope of such officer's duties when he or she observed the commission of the crime, when such officer has been authorized by such agency to so act. The local law enforcement agency having jurisdiction shall be immediately notified of the arrest and any person arrested shall be released to the custody of the local law enforcement agency.
3. This section shall not be construed to authorize any federal officer to use deadly physical force in excess of that authorized in section 18-1-707, C.R.S.

Source: L. 93: Entire section added, p. 703, § 1, effective July 1. L. 96: Entire section amended, p. 735, § 4, effective July 1. L. 2003: (1)(a) amended, p. 1624, § 43, effective August 6.

16-3-201. Arrest by a private person.

A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest.

Source: L. 72: R&RE, p. 199, § 1. C.R.S. 1963: § 39-3-201.

16-3-202. Assisting peace officer - arrest - furnishing information - immunity.

1. A peace officer making an arrest may command the assistance of any person who is in the vicinity.
2. A person commanded to assist a peace officer has the same authority to arrest as the officer who commands his assistance.
3. A person commanded to assist a peace officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer.
4. Private citizens, acting in good faith, shall be immune from any civil liability for reporting to any police officer or law enforcement authority the commission or suspected commission of any crime or for giving other information to aid in the prevention of any crime.

Source: L. 72: R&RE, p. 200, § 1. C.R.S. 1963: § 39-3-202. L. 77: (4) added, p. 851, § 1, effective July 1.

Cross references: For refusing to aid a peace officer, see § 18-8-107; for authority of sheriffs to command aid, see § 30-10-516.

16-3-203. Preventing a crime - reimbursement.

Any person who is not a peace officer as defined in section 24-31-301 (5), C.R.S., who is made the defendant in any civil action as a result of having sought to prevent a crime being committed against any other person, and who has judgment entered in his favor shall be entitled to all his court costs and to reasonable attorney fees incurred in such action.

Source: L. 77: Entire section added, p. 852, § 1, effective June 19. L. 83: Entire section amended, p. 962, § 6, effective July 1, 1984. L. 92: Entire section amended, p. 1097, § 5, effective March 6.

Cross references: (1) For awarding of attorney fees in civil actions generally, see § 13-17-102.

(2) For the legislative declaration contained in the 1992 act amending this section, see section 12 of chapter 167, Session Laws of Colorado 1992.

16-3-301. Search warrants - issuance - grounds.

1. A search warrant authorized by this section may be issued by any judge of a court of record.
2. A search warrant may be issued under this section to search for and seize any property:
   1. Which is stolen or embezzled; or
   2. Which is designed or intended for use as a means of committing a criminal offense; or
   3. Which is or has been used as a means of committing a criminal offense; or
   4. The possession of which is illegal; or
   5. Which would be material evidence in a subsequent criminal prosecution in this state or in another state; or
   6. The seizure of which is expressly required, authorized, or permitted by any statute of this state; or
   7. Which is kept, stored, maintained, transported, sold, dispensed, or possessed in violation of a statute of this state, under circumstances involving a serious threat to public safety or order or to public health; or
   8. Which would aid in the detection of the whereabouts of or in the apprehension of a person for whom a lawful arrest warrant is outstanding.
3. A search warrant may be issued under this section to search for any person for whom a lawful arrest warrant is outstanding.

Source: L. 72: R&RE, p. 200, § 1. C.R.S. 1963: § 39-3-301. L. 85: (2)(g) amended and (2)(h) and (3) added, p. 615, §§ 1, 2, effective June 2.

Cross references: For provisions concerning search and seizure other than the provisions of this section and rule 41 of the Colorado Rules of Criminal Procedure, see § 7 of article II of the Colorado Constitution; for the issuance of search warrants under the "Colorado Children's Code", see §§ 19-1-112, 19-2-504, and 19-2-505.

16-3-301.1. Court orders for the production of records - definitions.

1. A judge of a court of record may order the production of records.
2. A court may order the production of records under this section to require the production of records in the actual or constructive control of a business entity:
   1. That have been stolen or embezzled;
   2. That are designed or intended for use as a means of committing a criminal offense;
   3. That are or have been used as a means of committing a criminal offense;
   4. The possession of which is illegal;
   5. That would be material evidence in a subsequent criminal prosecution in this state, another state, or federal court;
   6. The seizure of which is expressly required, authorized, or permitted by a statute of this state or the United States; or
   7. That would aid in the detection of the whereabouts of or in the apprehension of a person for whom a lawful arrest order is outstanding.
3. 1. A court shall order the production of records only on receipt of an affidavit sworn to or affirmed before the judge and relating facts sufficient to:
      1. Identify or describe, as nearly as may be, the business entity that is in actual or constructive control of the records;
      2. Identify or describe, as nearly as may be, the records that shall be produced;
      3. Establish the grounds for issuance of the court order for production of records or probable cause to believe the grounds exist; and
      4. Establish probable cause that the records described are in the actual or constructive control of the business entity.
   2. The affidavit required by paragraph (a) of this subsection (3) may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before the issuance of the court order for the production of records. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for a court order for the production of records shall be attached to the court order for the production of records filed with the court.
4. 1. If the court is satisfied that grounds for the application exist or that there is probable cause to believe that the grounds exist, the court shall issue a court order for the production of records, which shall:
      1. Identify or describe, as nearly as may be, the business entity that is in actual or constructive control of the records;
      2. Identify or describe, as nearly as may be, the records that shall be produced;
      3. State the grounds or probable cause for its issuance; and
      4. State the names of the persons whose affidavits or testimony have been taken in support of the motion.
   2. The court order for the production of records may also contain other and further orders that the court deems necessary to comply with the provisions of this statute, or to provide for the custody or delivery to the proper person of the records produced and seized under the order, or otherwise to accomplish the purpose of the order.
   3. Unless the court otherwise directs, every court order for the production of records shall authorize a Colorado criminal investigator or peace officer:
      1. To serve the order during normal business hours of the business entity or at any other convenient time for the business entity that is in actual or constructive control of the records; and
      2. To receive the records during normal business hours of the business entity that is in the actual or constructive control of the records.
5. 1. A court order for the production of records may be granted to a Colorado criminal investigator or peace officer whose affidavit supports the issuance of the order. The Colorado criminal investigator or peace officer granted the order need not have authorization to execute a search warrant in the jurisdiction in which the business entity is located.
   2. A court order for the production of records shall be served upon the business entity to whom it is directed within fourteen days after its date.
   3. A court order for production of records may be served in the same manner as a summons in a civil action or by personal service on a manager or supervisor of the business entity that is in actual or constructive control of the records or through any electronic or other means established and utilized by the business to receive service of process.
6. 1. A business entity that is properly served with a court order for the production of records shall deliver the records, or copies of the records, identified in the court order to the officer who is designated in the court order within thirty-five days after the date the court order is served. The business entity shall also provide a notarized attestation of accuracy that the records produced represent complete and accurate copies of all records identified in the court order that are in the actual or constructive control of the business entity. If the business entity does not produce all records identified in the court order for production of records, the records not produced shall be identified. The attestation of accuracy shall be signed by the records custodian, or an officer or director of the business entity, who shall attest to the truth of the attestation to the best of the person's knowledge, information, and belief. The attestation may also attest to any one or all of the following: That the records were made at or near the time by, or from information transmitted by, a person with knowledge; that the records were kept in the course of a regular business activity; and that it was the regular practice of the business to record the information contained in the records. The business entity need only provide a copy of the attestation at the time of providing the records to the officer and may provide the original of the attestation to the officer within fourteen days after providing the records. The records and attestation of accuracy shall be sufficient to establish the authenticity of the records produced, without further necessity of extrinsic evidence.
   2. A business entity that is served with a court order for the production of records may file a motion in the court that issued the court order to allow for an extension of time in which to comply with the court order. The motion shall be filed within the time period required to produce the records. The motion shall state with particularity the reasons why the business entity cannot comply with the court order. The motion shall be served upon the Colorado criminal investigator or peace officer named in the court order.
   3. Upon the filing of a motion for an extension of time, the court shall hold a hearing within fourteen days, unless the business entity and the Colorado criminal investigator or peace officer named in the court order agree to a later time. The court may grant an extension for a reasonable time for the business to produce the records upon good cause shown or by agreement with the Colorado criminal investigator or peace officer named in the court order.
   4. Failure of the business entity to comply with the requirements of a court order for the production of records shall support a finding of contempt of court.
   5. Upon receiving the records from the business entity, the criminal investigator or peace officer named in the court order shall file a return and inventory with the court indicating the records that have been received and the date upon which the records were received. The criminal investigator or peace officer named in the court order may also file with the court the original of the attestation of authenticity and completeness.
7. Records produced pursuant to a court order for the production of records may be supplied in any form or format that is convenient for the business entity and that may be accessed by the Colorado criminal investigator or peace officer named in the court order or his or her agency or department. Production of records using proprietary software or another method that is not accessible shall not constitute compliance with the requirements of the court order. The court may order the defendant pay the cost of production of records.
8. A cause of action shall not lie against a business entity or an officer, director, or employee, for providing records pursuant to a court order for the production of records.
9. Nothing in this section shall preclude a Colorado criminal investigator or peace officer from seeking a search warrant.
10. The provisions of this section shall govern the procedures for court orders for the production of records. Motions to suppress evidence seized pursuant to a court order for the production of records shall be governed by the rules of criminal procedure.
11. As used in this section, unless the context otherwise requires:
    1. "Actual or constructive control" means the records are maintained or stored in any form or format on the premises of the business entity or at another location or facility under the custody or control of the business entity or a parent or subsidiary business, including pursuant to an agreement or contract with the business entity or any parent or subsidiary business and third-party service provider, in Colorado or elsewhere.
    2. "Business entity" means a corporation or other entity that is subject to the provisions of title 7, C.R.S.; a foreign corporation qualified to do business in this state pursuant to article 115 of title 7, C.R.S., specifically including a federally chartered or authorized financial institution; a corporation or other entity that is subject to the provisions of title 11, C.R.S.; or a sole proprietorship or other association or group of individuals doing business in the state.
    3. "Colorado criminal investigator" means an employee of the Colorado department of regulatory agencies, the Colorado department of labor and employment, or the Colorado department of revenue who has been classified as a criminal investigator by the director of the employing department.
    4. "Peace officer" means a peace officer as described in section 16-2.5-101.
    5. "Records" shall include all documents, electronic notations, journal entries, data, reports, statements, financial documentation, correspondence, electronic mail, or other information retained by a business entity in connection with business activity, but shall not include an item that is privileged pursuant to section 13-90-107, C.R.S., unless the person who possesses the privilege gives consent.

Source: L. 2003: Entire section added, p. 978, § 17, effective April 17. L. 2004: (4)(a)(I), (6)(e), (11)(a), (11)(b), and (11)(d) amended, p. 1377, § 2, effective July 1. L. 2010: (4)(c)(I), (5)(c), (6)(a), and (11)(c) amended, (HB 10-1132), ch. 122, p. 406, § 1, effective August 11. L. 2012: (5)(b), (6)(a), and (6)(c) amended, (SB 12-175), ch. 208, p. 843, § 59, effective July 1.

16-3-301.5. Search warrant for firearms possessed by a respondent in an extreme risk protection order.

1. Any court may issue a search warrant to search for and take custody of any firearm in the possession of a named respondent in an extreme risk protection order or temporary extreme risk protection order filed pursuant to article 14.5 of title 13 if the application for the warrant complies with all required provisions of section 16-3-303 and also provides facts sufficient to establish by probable cause:
   1. That the named person is a named respondent in an extreme risk protection order or temporary extreme risk protection order filed pursuant to article 14.5 of title 13; and
   2. That the named person is in possession of one or more firearms; and
   3. The location of such firearms; and
   4. Any other information relied upon by the applicant and why the applicant considers such information credible and reliable.
2. The return or disposal of any firearm taken custody of pursuant to this section shall be accomplished pursuant to section 13-14.5-109.

Source: L. 2019: Entire section added, (HB 19-1177), ch. 108, p. 399, § 3, effective April 12.

16-3-302. Search warrants - municipalities - inspections - grounds.

A search warrant may be issued by a judge of any municipal court by compliance with the applicable rule of the Colorado municipal court rules.

Source: L. 72: R&RE, p. 200, § 1. C.R.S. 1963: § 39-3-302.

16-3-303. Search warrants - application.

1. A search warrant shall issue only on affidavit sworn to or affirmed before the judge and relating facts sufficient to:
   1. Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched;
   2. Identify or describe, as nearly as may be, the property to be searched for, seized, or inspected;
   3. Establish the grounds for issuance of the warrant or probable cause to believe that such grounds exist; and
   4. Establish probable cause to believe that the property to be searched for, seized, or inspected is located at, in, or upon the premises, person, place, or thing to be searched.
2. The affidavit required by this section may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before issuance of the warrant. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for a search warrant shall be attached to the search warrant filed with the court.
3. Procedures governing application for and issuance of search warrants consistent with this section may be established by rule of the supreme court.
4. A no-knock search warrant shall be issued only if the affidavit for such warrant:
   1. Complies with the provisions of subsections (1), (2), and (3) of this section;
   2. Specifically requests the issuance of a no-knock search warrant; and
   3. Has been reviewed and approved for legal sufficiency and signed by a district attorney pursuant to section 20-1-106.1 (1)(b), C.R.S. Such review and approval may take place as allowed by statute or court rule or by means of facsimile transmission, telephonic transmission, or other electronic transfer.
5. If the grounds for the issuance of a no-knock search warrant are established by a confidential informant, the affidavit for such warrant shall contain a statement by the affiant concerning when such grounds became known or were verified by the affiant. The statement shall not identify the confidential informant.
6. For the purposes of this section, unless the context otherwise requires, "no-knock search warrant" means a search warrant served by entry without prior identification.

Source: L. 72: R&RE, p. 200, § 1. C.R.S. 1963: § 39-3-303. L. 2000: (4), (5), and (6) added, p. 650, § 1, effective July 1. L. 2001: (4)(c) amended, p. 1270, § 19, effective June 5.

16-3-303.5. Location information - search warrant required - definitions.

1. As used in this section, unless the context otherwise requires:
   1. "Electronic communication service" means a service that provides the ability to send or receive wire or electronic communications to users of the service.
   2. "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service.
   3. "Government entity" means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency.
   4. "Location information" means information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device on a cellular telephone network or a location information service rather than obtained from a service provider.
   5. "Location information service" means the provision of a global positioning service or other mapping, locational, or directional information service.
   6. "Remote computing service" means the provision of computer storage or processing services by means of an electronic communications system.
2. Except as provided in subsection (3) or (4) of this section, a government entity shall not obtain the location information of an electronic device without a search warrant issued by a court pursuant to the provisions of this part 3, a subpoena, or a court order.
3. A government entity may obtain location information of an electronic device without a warrant, subpoena, or court order under any of the following circumstances:
   1. The device is reported stolen by the owner;
   2. In order to respond to the user's call for emergency services;
   3. With the informed, affirmative consent of:
      1. The owner or user of the electronic device;
      2. The next of kin of the owner or user of the electronic device if the owner or user is believed to be deceased or is reported missing and unable to be contacted; or
      3. The child's parent or legal guardian if the owner or user is under eighteen years of age;
   4. There exist exigent circumstances such that the search would be recognized as constitutionally permissible without the warrant;
   5. A representative of the government entity has a good faith belief that his or her actions were legal and, under the information available at the time, a reasonable person would believe that his or her actions were legal;
   6. The owner or user of the electronic device has voluntarily or publicly disclosed the location information;
   7. The electronic device has been abandoned by the owner or user; or
   8. In accordance with any other judicially recognized exception to the search warrant requirement.
4. The provisions of this section do not apply to probation departments within the judicial department or to the division of adult parole within the department of corrections.
5. Any evidence obtained in violation of this section is not admissible in a civil, criminal, or administrative proceeding and shall not be used in an affidavit of probable cause in an effort to obtain a search warrant, subpoena, or court order. In order to seek suppression of evidence pursuant to this subsection (5) in any proceeding, the person seeking the suppression of evidence must have an ownership, leasehold, rental, or legitimate possessory interest in or a reasonable expectation of privacy in the electronic device at issue.
6. 1. A court shall not admit location information obtained pursuant to this section or evidence derived from that information at a trial, hearing, or other proceeding unless the party seeking to introduce the evidence provides a copy of the warrant, subpoena, or court order and any accompanying affidavit to each party pursuant to rule 16 of the Colorado rules of criminal procedure, or any successor rule.
   2. A court may waive the requirement under paragraph (a) of this subsection (6) if the court finds that it was not possible to provide a party with the warrant, subpoena, or court order and any accompanying application within the time required by rule 16 of the Colorado rules of criminal procedure, or any successor rule, and that the party will not be prejudiced by the delay in receiving the information.
7. An electronic communication service provider and its officers, employees, or agents are not liable for providing information, facilities, or assistance in compliance with the terms of a search warrant, subpoena, or court order issued pursuant to this section or when provided without a warrant, subpoena, or court order issued pursuant to this section or if otherwise provided for by law.
8. This section does not apply to a law enforcement agency obtaining basic subscriber information from an electronic communications service provider pursuant to a valid subpoena, court order, or search warrant.

Source: L. 2014: Entire section added, (SB 14-193), ch. 395, p. 1992, § 2, effective June 6.

Cross references: For the legislative declaration in SB 14-193, see section 1 of chapter 395, Session Laws of Colorado 2014.

16-3-303.8. Testing for communicable diseases - court order required - definitions.

1. As used in this section, unless the context otherwise requires:
   1. "Communicable disease" means a disease or infection that is spread from one person to another through the exchange of blood or other bodily fluid and the human immunodeficiency virus (HIV).
   2. "Emergency medical care provider" has the same meaning as defined in section 18-3-201 (1), C.R.S.
   3. "Emergency medical service provider" has the same meaning as defined in section 18-3-201 (1.3), C.R.S.
   4. "Firefighter" has the same meaning as defined in section 18-3-201 (1.5), C.R.S.
   5. "Peace officer" means any person described in section 16-2.5-101.
2. Consent. Unless a person has admitted that he or she has a communicable disease and provides confirmation of the disease, a law enforcement agency shall ask a person to voluntarily consent to a blood test to determine if the person has a communicable disease if:
   1. The person committed an assault in the first degree in violation of section 18-3-202, C.R.S.; assault in the second degree in violation of section 18-3-203, C.R.S.; or assault in the third degree in violation of section 18-3-204, C.R.S.; and
   2. During or as a result of the assault, the person's blood or other bodily fluid came into contact with any victim of the assault, a peace officer, firefighter, or emergency medical care provider, or an emergency medical service provider, and there is reason to believe, based on information from a medical professional, the department of public health and environment, or a local health agency, that the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider is at risk of transmission of a communicable disease.
3. Application.
   1. A court shall order a person to submit blood required for a test for communicable diseases if an affidavit sworn to or affirmed before the judge establishes the following grounds for the order:
      1. There is probable cause that a person committed the crime of assault in the first degree in violation of section 18-3-202, C.R.S.; assault in the second degree in violation of section 18-3-203, C.R.S.; or assault in the third degree in violation of section 18-3-204, C.R.S.;
      2. The person has been asked to voluntarily submit to a blood test for a communicable disease and the person has refused; and
      3. There is probable cause to believe that the person's blood or other bodily fluid came into contact with any victim of the assault, a peace officer, firefighter, or emergency medical care provider, or an emergency medical service provider, and there is reason to believe, based on information from a medical professional, the department of public health and environment, or a local health agency, that the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider is at risk of transmission of a communicable disease.
   2. The affidavit required by paragraph (a) of this subsection (3) may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before the issuance of the court order. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for the court order must be attached to a court order issued pursuant to this section.
4. Order. If the court is satisfied that grounds for the application exist or that there is probable cause to believe that the grounds exist, the court shall issue the court order, which shall:
   1. Identify the name or description of the individual who is to give the blood;
   2. Identify the names of any persons making affidavits for issuance of the order;
   3. Identify the criminal offense concerning which the order has been issued;
   4. Identify the name of the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider;
   5. Include a mandate to the officer to whom the order is directed to detain the person for only such time as is necessary to obtain the blood; and
   6. Include the typewritten or printed name of the judge issuing the order and his or her signature.
5. Execution and return.
   1. The blood tests must be conducted under medical supervision. A person who appears under an order of appearance issued pursuant to this section shall not be detained longer than is reasonably necessary to obtain the blood unless he or she is arrested for an offense.
   2. The order may be executed and returned only within thirty-five days after its issuance.
   3. The officer executing the order shall give a copy of the order to the person upon whom it is served.
6. Disclosure of results and confidentiality.
   1. The results of any test on the blood obtained pursuant to an order issued under this section must be reported to the court or the court's designee, who shall then disclose the results to any person named in paragraph (d) of subsection (4) of this section who requests the disclosure.
   2. Except as required by paragraph (a) of this subsection (6), the court shall keep the test results, disclosure of the test results, and any records relating to the test results or the disclosure of the test results confidential.
7. Voluntary submission. If a person described in paragraph
   1. of subsection (3) of this section voluntarily submits to a test for communicable diseases, the fact of the person's voluntary submission is admissible in mitigation of sentence if the person is convicted of the charged offense.

Source: L. 2016: Entire section added, (HB 16-1393), ch. 304, p. 1223, § 1, effective July 1.

16-3-304. Search warrants - contents.

1. If the judge is satisfied that grounds for the application exist or that there is probable cause to believe that such grounds exist, he shall issue a search warrant, which shall:
   1. Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched;
   2. Identify or describe, as nearly as may be, the property to be searched for, seized, or inspected;
   3. State the grounds or probable cause for its issuance; and
   4. State the names of the persons whose affidavits or testimony have been taken in support thereof.
2. The search warrant may also contain such other and further orders as the judge deems necessary to comply with the provisions of a statute, charter, or ordinance, or to provide for the custody or delivery to the proper officer of any property seized under the warrant, or otherwise to accomplish the purposes of the warrant.
3. Unless the court otherwise directs, every search warrant authorizes the officer executing the same:
   1. To execute and serve the warrant at any time; and
   2. To use and employ such force as is reasonably necessary in the performance of the duties commanded by the warrant.

Source: L. 72: R&RE, p. 201, § 1. C.R.S. 1963: § 39-3-304.

16-3-305. Search warrants - direction - execution and return.

1. Except as otherwise provided in this section, a search warrant shall be directed to any officer authorized by law to execute it in the county wherein the property is located.
2. A search warrant issued by a judge of a municipal court shall be directed to any officer authorized by law to execute it in the municipality wherein the property is located.
3. Any judge issuing a search warrant, on the grounds stated in section 16-3-301, for the search of a person or for the search of any motor vehicle, aircraft, or other object which is mobile or capable of being transported may make an order authorizing a peace officer to be named in the warrant to execute the same, and the person named in such order may execute the warrant anywhere in the state. All sheriffs, coroners, police officers, and officers of the Colorado state patrol, when required, in their respective counties, shall aid and assist in the execution of such warrant. The order authorized by this subsection (3) may also authorize execution of the warrant by any officer authorized by law to execute it in the county wherein the property is located.
4. When any officer, having a warrant for the search of a person or for the search of any motor vehicle, aircraft, or other object which is mobile or capable of being transported is in pursuit thereof and the person, motor vehicle, aircraft, or other object crosses or enters into another county, such officer is authorized to execute the warrant in the other county.
5. It is the duty of all peace officers into whose hands any search warrant comes to execute the same, in their respective counties or municipalities, and make due return thereof. Procedures consistent with this section for the execution and return of search warrants may be provided by rule of the supreme court.
6. A search warrant shall be executed within fourteen days after its date.

Source: L. 72: R&RE, p. 201, § 1. C.R.S. 1963: § 39-3-305. L. 2012: (6) amended, (SB 12-175), ch. 208, p. 844, § 60, effective July 1.

16-3-306. Search warrants - joinder.

The search of one or more persons, premises, places, or things, or any combination of persons, premises, places, or things, may be commanded in a single warrant or in separate warrants, if compliance is made with section 16-3-303 (1)(d).

Source: L. 72: R&RE, p. 202, § 1. C.R.S. 1963: § 39-3-306.

16-3-307. Limiting clause.

Nothing in this part 3 shall be construed to require the issuance of a search warrant in cases in which such warrant is not required by law. This statute does not modify any statute inconsistent with it, regulating search, seizure, and the issuance and execution of search warrants in circumstances for which special provision is made.

Source: L. 72: R&RE, p. 202, § 1. C.R.S. 1963: § 39-3-307.

16-3-308. Evidence - admissibility - declaration of purpose - definitions.

1. Evidence which is otherwise admissible in a criminal proceeding shall not be suppressed by the trial court if the court determines that the evidence was seized by a peace officer, as described in section 16-2.5-101, as a result of a good faith mistake or of a technical violation.
2. As used in subsection (1) of this section:
   1. "Good faith mistake" means a reasonable judgmental error concerning the existence of facts or law which if true would be sufficient to constitute probable cause.
   2. "Technical violation" means a reasonable good faith reliance upon a statute which is later ruled unconstitutional, a warrant which is later invalidated due to a good faith mistake, or a court precedent which is later overruled.
3. Evidence which is otherwise admissible in a criminal proceeding and which is obtained as a result of a confession voluntarily made in a noncustodial setting shall not be suppressed by the trial court.
4. 1. It is hereby declared to be the public policy of the state of Colorado that, when evidence is sought to be excluded from the trier of fact in a criminal proceeding because of the conduct of a peace officer leading to its discovery, it will be open to the proponent of the evidence to urge that the conduct in question was taken in a reasonable, good faith belief that it was proper, and in such instances the evidence so discovered should not be kept from the trier of fact if otherwise admissible. This section is necessary to identify the characteristics of evidence which will be admissible in a court of law. This section does not address or attempt to prescribe court procedure.
   2. It shall be prima facie evidence that the conduct of the peace officer was performed in the reasonable good faith belief that it was proper if there is a showing that the evidence was obtained pursuant to and within the scope of a warrant, unless the warrant was obtained through intentional and material misrepresentation.

Source: L. 81: Entire section added, p. 922, § 1, effective July 1. L. 85: (2)(a) and (4) amended, p. 615, §§ 3, 4, effective July 1. L. 2003: (1) amended, p. 1614, § 7, effective August 6.

Cross references: For the admissibility of evidence in proceedings under the "Colorado Children's Code", see § 19-2-803.

16-3-309. Admissibility of laboratory test results.

1. When evidence is seized in so small a quantity or unstable condition that qualitative laboratory testing will not leave a sufficient quantity of the evidence for independent analysis by the defendant's expert and when a state agent, in the regular performance of his duties, can reasonably foresee that the evidence might be favorable to the defendant, the trial court shall not suppress the prosecution's evidence if the court determines that the testing was performed in good faith and in accordance with regular procedures designed to preserve the evidence which might have been favorable to the defendant.
2. The trial court shall consider the following factors in determining, pursuant to subsection (1) of this section, whether the state has met its obligation to preserve the evidence:
   1. Whether or not a suspect has been identified and apprehended and whether or not the suspect has retained counsel or has had counsel appointed for him at the time of testing;
   2. Whether the state should have used an available test method more likely to preserve the results of seized evidence;
   3. Whether, when the test results are susceptible to subjective interpretation, the state should have photographed or otherwise documented the test results as evidence;
   4. Whether the state should have preserved the used test samples;
   5. Whether it was necessary for the state agency to conduct quantitative analysis of the evidence;
   6. Whether there is a sufficient sample for the defendant's expert to utilize for analysis and the suspect or defendant has made a specific request to preserve such sample;
   7. If paragraph (f) of this subsection (2) cannot be complied with, in view of the small amount of evidence, or when the state's duty to preserve the evidence would otherwise be enhanced, whether it was reasonable for the state to have contacted the defendant to determine if he wished his expert to be present during the testing.
3. With regard to testing performed on blood, urine, and breath samples which form the basis for a conclusion upon which a statutory presumption arises, it is hereby declared to be the public policy of the state of Colorado that when the prosecution's evidence of test results is sought to be excluded from the trier of fact in a criminal proceeding because the testing destroyed evidence which might have been favorable to the defense, it shall be open to the proponent of the evidence to urge that the testing in question was performed in good faith and in accordance with regular procedures designed to preserve the evidence which might have been favorable to the defense, and, in such instances, the evidence so discovered should not be kept from the trier of fact if otherwise admissible.
4. For all other types of blood analysis, breath analysis, and urine analysis and for laboratory testing, such as serial number restoration, firearms testing, and gunpowder pattern testing, it is hereby declared to be the public policy of the state of Colorado that, when the prosecution's evidence of test results is sought to be excluded from the trier of fact in a criminal proceeding because of the destruction of evidence upon which the test was performed, it shall be open to the proponent of the evidence to urge that the testing in question was performed in a reasonable, good faith belief that it was proper and, in such instances, the evidence so discovered should not be kept from the trier of fact if otherwise admissible.
5. Any report or copy thereof or the findings of the criminalistics laboratory shall be received in evidence in any court, preliminary hearing, or grand jury proceeding in the same manner and with the same force and effect as if the employee or technician of the criminalistics laboratory who accomplished the requested analysis, comparison, or identification had testified in person. Any party may request that such employee or technician testify in person at a criminal trial on behalf of the state before a jury or to the court, by notifying the witness and other party at least fourteen days before the date of such criminal trial.
6. In no event shall evidence be suppressed which results from laboratory testing performed before identification of a suspect for the sole reason that the later identified suspect or his attorney was not present at the time of the testing.
7. This section is necessary to identify the characteristics of evidence which will be admissible in a court of law. This section does not address or attempt to prescribe court procedure.

Source: L. 84: Entire section added, p. 483, § 1, effective July 1. L. 2012: (5) amended, (SB 12-175), ch. 208, p. 844, § 61, effective July 1.

Cross references: For statutory presumptions in alcohol-related traffic offenses, see §§ 18-3-106, 18-3-205, and 42-4-1301.

16-3-310. Oral advisement and consent prior to search of a vehicle or a person during a police contact.

1. 1. Prior to conducting a consensual search of a person who is not under arrest, the person's effects, or a vehicle, a peace officer shall comply with paragraph (b) of this subsection (1).
   2. A peace officer may conduct a consensual search only after articulating the following factors to, and subsequently receiving consent from, the person subject to the search or the person with the apparent or actual authority to provide permission to search the vehicle or effects. The factors are:
      1. The person is being asked to voluntarily consent to a search; and
      2. The person has the right to refuse the request to search.
   3. After providing the advisement required in paragraph (b) of this subsection (1), a peace officer may conduct the requested search only if the person subject to the search voluntarily provides verbal or written consent. Other evidence of knowing and voluntary consent may be acceptable, if the person is unable to provide written or verbal consent.
2. A peace officer providing the advisement required pursuant to subsection (1) of this section need not provide a specific recitation of the advisement; substantial compliance with the substance of the factors is sufficient to comply with the requirement.
3. If a defendant moves to suppress any evidence obtained in the course of the search, the court shall consider the failure to comply with the requirements of this section as a factor in determining the voluntariness of the consent.
4. This section shall not apply to a search conducted pursuant to section 16-3-103, a valid search incident to or subsequent to a lawful arrest, or a search for which there is a legal basis other than voluntary consent. This shall include, but not be limited to, a search in a correctional facility or on correctional facility property, a detention facility, county detention facility, custody facility, juvenile correctional facility or any mental health institute or mental health facility operated by or under a contract with the department of human services, a community corrections facility, or a jail or a search of a person subject to probation or parole by a community supervision or parole officer when the person has consented to search as a term and condition of any probation or parole.

Source: L. 2010: Entire section added, (HB 10-1201), ch. 176, p. 638, § 1, effective April 29.

16-3-311. Peace officer incident recordings.

1. A person has the right to lawfully record any incident involving a peace officer and to maintain custody and control of that recording and the device used to record the recording. A peace officer shall not seize a recording or recording device without consent, without a search warrant or subpoena, or without a lawful exception to the warrant requirement.
2. 1. If a peace officer seeks to obtain from a person a device used to record an incident involving a peace officer in order to access the recording as possible evidence in an investigation, the officer shall first:
      1. Advise the person of his or her name, his or her badge number or other identifying number, and the name of the law enforcement agency;
      2. Identify the legal reason for which the information is requested; and
      3. If practicable under the circumstances, inquire whether the person will voluntarily provide the officer with a copy of the specific recording that is relevant to the investigation either by voluntarily providing the device to the officer or immediately electronically transferring the information to the officer or the law enforcement agency so that the person may retain possession of his or her device, the recording, and any personal non-evidentiary private information contained on the device.
   2. If the person consents voluntarily to the transfer of the device to law enforcement, the peace officer shall limit his or her search of the device to a search for the recording that is relevant evidence to the investigation, and the device shall be returned to the person upon request and with all convenient speed.
   3. If the person consents to an electronic transfer of the recording, the electronic transfer shall take place as soon as possible and without unnecessary delay.
   4. In circumstances when the immediate electronic transfer is not practicable or if the person does not consent to the electronic transfer of the evidentiary information or to the seizure of the device, the peace officer may arrange for the transfer or delivery of the information or device with the person to the peace officer or to the law enforcement agency by any alternative means consistent with any policies and procedures of the law enforcement agency.
   5. Notwithstanding the provisions of this section, a peace officer has the authority to temporarily seize and maintain control over a device that was used to record an incident involving a peace officer for no longer than seventy-two hours to obtain a search warrant when exigent circumstances exist such that the peace officer believes it is necessary to save a life or when the peace officer has a reasonable, articulable, good-faith belief that seizure of the device is necessary to prevent the destruction of the evidentiary recording while a warrant is obtained.
3. The provisions of this section do not apply to devices seized incident to arrest.
4. Nothing in this section shall be construed to allow a person to interfere with a peace officer in the lawful performance of his or her duties.

Source: L. 2015: Entire section added, (SB 15-1290), ch. 212, p. 774, § 2, effective May 20, 2016.

16-3-401. Treatment while in custody.

1. No unlawful means of any kind shall be used to obtain a statement, admission, or confession from any person in custody.
2. Persons arrested or in custody shall be treated humanely and provided with adequate food, shelter, and, if required, medical treatment. Anyone receiving medical treatment while held in custody may be assessed a medical treatment charge as provided in section 17-26-104.5, C.R.S.

Source: L. 72: R&RE, p. 202, § 1. C.R.S. 1963: § 39-3-401. L. 97: (2) amended, p. 192, § 2, effective April 1.

16-3-402. Right to communicate with attorney and family.

1. Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or by communicating in any other reasonable manner. Such communication shall be permitted at the earliest possible time after arrival at the police station, sheriff's office, jail, or other like confinement facility to which such person is first taken after arrest.
2. If the accused is transferred to a new place of custody, his right to communicate with an attorney and a member of his family is renewed.

   (2.5) If the victim is able to demonstrate through the use of caller identification or other credible evidence that the incarcerated defendant has called the victim from the jail or correctional facility in violation of the protection order issued pursuant to section 18-1-1001, C.R.S., or in violation of any other valid protection order or emergency protection order in effect, the defendant shall not be entitled to further telephone calls except to such defendant's attorney, which calls shall be placed by a jail or correctional facility staff member. If the defendant was arrested for violating an order not to contact certain family members, the right to contact those family members by telephone shall be prohibited, and the jail or correctional facility staff shall place all outgoing telephone calls that the defendant wishes to make that are not identified in the protection order as prohibited.

3. 1. Consistent with the provisions of section 21-1-103, C.R.S., if any person in custody indicates in any manner his desire to speak with an attorney or the court determines that an inquiry into the matter of indigency should occur, the public defender shall be permitted to communicate with that person to determine whether that person has counsel and, if the person desires that the public defender represent him, to make an initial determination as to whether the person is indigent. If the public defender determines that the person is indigent, such person shall apply for representation by the public defender in accordance with section 21-1-103, C.R.S.
   2. The public defender, upon his request and with due regard for reasonable law enforcement administrative procedures, shall be permitted to determine whether or not any person in custody has been taken without unnecessary delay before the nearest available county or district judge.

Source: L. 72: R&RE, p. 202, § 1. C.R.S. 1963: § 39-3-402. L. 81: Entire section R&RE, p. 924, § 1, effective May 26. L. 86: (3)(a) amended, p. 731, § 1, effective July 1. L. 88: (3)(a) amended, p. 663, § 1, effective July 1. L. 94: (2.5) added, p. 2035, § 13, effective July 1. L. 2003: (2.5) amended, p. 1013, § 19, effective July 1. L. 2008: (2.5) amended, p. 1883, § 20, effective August 5.

16-3-403. Right to consult with attorney.

Any person committed, imprisoned, or arrested for any cause, whether or not such person is charged with an offense, shall be allowed to consult with an attorney-at-law of this state whom such person desires to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable. Except where extradition proceedings have been completed or are not required by law, when any such person is about to be moved beyond the limits of this state, the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself of the laws of this state for the security of personal liberty.

Source: L. 72: R&RE, p. 203, § 1. C.R.S. 1963: § 39-3-403.

16-3-404. Duty of officers to admit attorney.

1. All peace officers or persons having in custody any person committed, imprisoned, or arrested for any alleged cause shall forthwith admit any attorney-at-law in this state, upon the demand of the prisoner or of a friend, relative, spouse, or attorney of the prisoner, to see and consult the person so imprisoned, alone and in private, at the jail or other place of custody, if such person so imprisoned expressly consents to see or to consult with the attorney.
2. Any peace officer or person violating the duty imposed by this section or section 16-3-403 shall forfeit and pay not less than one hundred dollars nor more than one thousand dollars to the person imprisoned or to his attorney for the benefit of the person imprisoned, to be recovered in any court of competent jurisdiction.

Source: L. 72: R&RE, p. 203, § 1. C.R.S. 1963: § 39-3-404.

Cross references: For the crime of official oppression for denial of opportunity to consult an attorney, see § 18-8-403 (1)(b).

16-3-405. Strip searches - when authorized or prohibited.

1. No person arrested for a traffic or a petty offense shall be strip searched, prior to arraignment, unless there is reasonable belief that the individual is concealing a weapon or a controlled substance or that the individual, upon identification, is a parolee or an offender serving a sentence in any correctional facility in the state or that the individual is arrested for driving while under the influence of drugs.
2. As used in this section, "strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, or female breasts of such person.
3. Any strip search that is conducted shall be performed by a person of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search.
4. Every peace officer or employee of a police department or sheriff's department conducting a strip search shall obtain the written permission of the police commander or an agent thereof or a sheriff or an agent thereof designated for the purposes of authorizing a strip search in accordance with this section.
5. No search of any body cavity other than the mouth shall be conducted without the written permission of the police commander or an agent thereof or a sheriff or an agent thereof authorizing a body cavity search. The search must be performed under sanitary conditions and conducted by a licensed physician or nurse.
6. Any peace officer or employee of a police department or a sheriff's department who knowingly or intentionally fails to comply with any provision of this section commits second degree official misconduct, as defined in section 18-8-405, C.R.S. Nothing contained in this section shall preclude prosecution of a peace officer or employee of a police department or sheriff's department under any other provision of the law.
7. Nothing in this section shall be construed as limiting the statutory or common-law rights of any person for the purposes of any civil action or injunctive relief.
8. The provisions of subsections (1) to (6) of this section shall not apply when, following arraignment and pursuant to a court order, the person is taken into custody by or remanded to a sheriff or a correctional facility.

Source: L. 82: Entire section added, p. 305, § 1, effective April 5.

Cross references: For definition of "controlled substance", see § 12-280-402 (1); for "driving under the influence" of any drug, see § 42-4-1301.

16-3-501. Warrants issued for persons illegally in the country.

1. If a person has posted a bond in a criminal case, at any stage of a criminal proceeding, and the person is released to the United States immigration and customs enforcement agency, the court shall issue a warrant commanding the arrest of the person when contacted anywhere within the United States and shall set the amount of the bond on the warrant. The warrant shall be entered in the Colorado crime information center and the national crime information center databases. The criminal case shall remain active for an indefinite period of time; except that the case may be dismissed upon a motion by the district attorney.
2. A bond issued pursuant to this section shall include all known aliases for the person and the person's date of birth.

Source: L. 2007: Entire part added, p. 1770, § 2, effective June 1.

16-3-502. No dismissal of cases against persons illegally in the country.

1. A court shall not dismiss criminal charges against a person because the person has been removed or is facing removal from the United States prior to a conviction or other disposition of all criminal charges against the person; except that the court may dismiss the criminal charges upon a motion of the district attorney.
2. A court shall not dismiss criminal charges against a person who has been convicted or pled guilty to a crime because the person has been removed or is facing removal from the United States. The defendant shall serve his or her sentence and pay all restitution prior to removal.
3. If the provisions of part 3 of article 4.1 of title 24, C.R.S., apply, the victim shall be consulted pursuant to the provisions of sections 24-4.1-302.5 and 24-4.1-303, C.R.S.

Source: L. 2007: Entire part added, p. 1771, § 2, effective June 1.

16-3-503. Bonds for persons with immigration-related issues.

On and after June 6, 2017, a law enforcement agency holding a defendant charged with a criminal offense shall not notify the defendant's bail bonding agent or a noncompensated surety before the bond is posted that his or her bond or fees may be forfeited if the defendant is removed from the country. On and after June 6, 2017, a law enforcement officer shall no longer ask a defendant or a person other than a bail bonding agent to execute a waiver prior to posting a bond for a person charged with a criminal offense that states that he or she understands that the bond or fees shall be forfeited if the defendant is removed from the country. A bail bonding agent shall not communicate to a defendant that his or her bond or fees shall be forfeited if the defendant is removed from the country.

Source: L. 2007: Entire part added, p. 1771, § 2, effective June 1. L. 2008: (2) amended, p. 923, § 2, effective July 1; (3)(n) amended, p. 1884, § 21, effective August 5. L. 2012: (1)(c) amended, (HB 12-1266), ch. 280, p. 1525, § 43, effective July 1. L. 2017: Entire section R&RE, (HB 17-1369), ch. 379, p. 1950, § 4, effective June 6.

Cross references: (1) For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 248, Session Laws of Colorado 2008.

(2) For the short title ("Bond Surety Protection Act") in HB 17-1369, see section 1 of chapter 379, Session Laws of Colorado 2017.

16-3-601. Recording custodial interrogations - definitions.

1. On and after July 1, 2017, except as provided for in subsection (2) of this section, when a peace officer reasonably believes he or she is investigating a class 1 or class 2 felony or a felony sexual assault described in section 18-3-402, 18-3-404, 18-3-405, or 18-3-405.5, C.R.S., the peace officer shall electronically record a custodial interrogation occurring in a permanent detention facility of any person suspected of such an offense.
2. Subsection (1) of this section does not apply if:
   1. The defendant requests the interrogation not be recorded, as long as this request is preserved by electronic recording or in writing;
   2. The recording equipment fails;
   3. Recording equipment is unavailable, either through damage or extraordinary circumstances;
   4. Exigent circumstances relating to public safety prevent the preservation by electronic recording; or
   5. The interrogation is conducted outside the state of Colorado.
3. Nothing in this section prevents a court from admitting a statement made in a custodial interrogation in a permanent detention facility as rebuttal or impeachment testimony of the defendant.
4. If a law enforcement agency does not make an electronic recording of the custodial interrogation as required by this section, the court may still admit evidence from the interrogation. If the prosecution, when offering the evidence from the interrogation, establishes by a preponderance of the evidence that one of the exceptions identified in subsection (2) of this section applies or the circumstances described in subsection (3) of this section apply, the court may admit the evidence without a cautionary instruction. If the prosecution does not meet this burden of proof, the court shall provide a cautionary instruction to the jury regarding the failure to record the interrogation after admitting the evidence. The court shall instruct the jury that the failure to record the interrogation is a violation of the law enforcement agency's policy and state law and that the violation may be considered by the jury in determining the weight that is given to any statement of the defendant in violation of this policy in the course of the jury's deliberations.
5. By July 1, 2017, all law enforcement agencies shall have available equipment for making electronic recordings and have in place policies and procedures for the preservation of custodial interrogations consistent with this section.
6. For the purposes of this section, the following definitions apply:
   1. "Custodial interrogation" means any interrogation of a person while such person is in custody.
   2. "Custody" means restraint on a person's freedom such that a reasonable person would believe he or she is in police custody to the degree associated with a formal arrest.
   3. "Electronic recording" means an audio-visual recording that accurately preserves the statements of all parties to a custodial interrogation.
   4. "Interrogation" means words or conduct initiated by a law enforcement officer that the officer should know are reasonably likely to elicit an incriminating response from the suspect.
   5. "Permanent detention facility" means any building, structure, or place where persons are or may lawfully be held in custody or confinement under the jurisdiction of the state of Colorado or any political subdivision of the state of Colorado, including a building housing the offices of a law enforcement agency. "Permanent detention facility" does not include a vehicle, trailer, mobile office, or temporary structure.

Source: L. 2016: Entire part added, (HB 16-1117), ch. 329, p. 1334, § 1, effective June 10.

16-4-101. Bailable offenses - definitions.

1. All persons shall be bailable by sufficient sureties except:
   1. For capital offenses when proof is evident or presumption is great; or
   2. When, after a hearing held within ninety-six hours of arrest and upon reasonable notice, the court finds that the proof is evident or the presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail and such person is accused in any of the following cases:
      1. A crime of violence alleged to have been committed while on probation or parole resulting from the conviction of a crime of violence;
      2. A crime of violence alleged to have been committed while on bail pending the disposition of a previous crime of violence charge for which probable cause has been found;
      3. A crime of violence alleged to have been committed after two previous felony convictions, or one such previous felony conviction if such conviction was for a crime of violence, upon charges separately brought and tried under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States which, if committed in this state, would be a felony;
      4. A crime of possession of a weapon by a previous offender alleged to have been committed in violation of section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), C.R.S.;
      5. Sexual assault, as described in section 18-3-402, sexual assault in the first degree, as described in section 18-3-402, as it existed prior to July 1, 2000, sexual assault in the second degree, as described in section 18-3-403, as it existed prior to July 1, 2000, sexual assault on a child, as described in section 18-3-405, or sexual assault on a child by one in a position of trust, as described in section 18-3-405.3 in which the victim is fourteen years of age or younger and seven or more years younger than the accused.
   3. When a person has been convicted of a crime of violence or a crime of possession of a weapon by a previous offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), C.R.S., at the trial court level and such person is appealing such conviction or awaiting sentencing for such conviction and the court finds that the public would be placed in significant peril if the convicted person were released on bail.
2. For purposes of this section, "crime of violence" shall have the same meaning as set forth in section 18-1.3-406 (2), C.R.S.
3. In any capital case, the defendant may make a written motion for admission to bail upon the ground that the proof is not evident or that presumption is not great, and the court shall promptly conduct a hearing upon such motion. At such hearing, the burden shall be upon the people to establish that the proof is evident or that the presumption is great. The court may combine in a single hearing the questions as to whether the proof is evident or the presumption great with the determination of the existence of probable cause to believe that the defendant committed the crime charged.
4. Except in the case of a capital offense, if a person is denied bail under this section, the trial of the person shall be commenced not more than ninety-one days after the date on which bail is denied. If the trial is not commenced within ninety-one days and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set the amount of the bail for the person.
5. When a person is arrested for a crime of violence, as defined in section 16-1-104 (8.5), or a criminal offense alleging the use or possession of a deadly weapon or the causing of bodily injury to another person, or a criminal offense alleging the possession of a weapon by a previous offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), C.R.S., and such person is on parole, the law enforcement agency making the arrest shall notify the department of corrections within twenty-four hours. The person so arrested shall not be eligible for bail to be set until at least seventy-two hours from the time of his or her arrest has passed.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 820, § 2, effective May 11.

16-4-102. Right to bail - before conviction.

1. Any person who is in custody, and for whom the court has not set bond and conditions of release pursuant to the applicable rule of criminal procedure, and who is not subject to the provisions of section 16-4-101 (5), has the right to a hearing to determine bond and conditions of release. A person in custody may also request a hearing so that bond and conditions of release can be set. Upon receiving the request, the judge shall notify the district attorney immediately of the arrested person's request, and the district attorney has the right to attend and advise the court of matters pertinent to the type of bond and conditions of release to be set. The judge shall also order the appropriate law enforcement agency having custody of the prisoner to bring him or her before the court forthwith, and the judge shall set bond and conditions of release if the offense for which the person was arrested is bailable. It is not a prerequisite to bail that a criminal charge of any kind has been filed.
2. 1. The chief judge of each judicial district shall develop, in conjunction with representatives from sheriffs' offices, public defenders' offices, district attorneys' offices, county commissioners, and any other agencies determined necessary by the chief judge, a plan for setting bond for all in-custody defendants within forty-eight hours of arrest. In developing the plan, the county commissioners, sheriffs, and district attorneys shall provide the chief judge cost estimates of feasibility as well as any potential savings from the proposal, including jail bed costs and savings. In developing the plan, the chief judge shall evaluate the potential of utilizing new or existing audiovisual conference technology. In areas where a lack of broadband coverage makes audiovisual conferencing impossible or unreliable, the chief judge may evaluate the potential of utilizing telephonic hearings. No later than November 1, 2019, the state court administrator's office shall report to the judiciary committees of the house of representatives and the senate, or any successor committees, the plans for all twenty-two judicial districts, not including the Denver county court. The report must include an estimate of resources necessary to implement this subsection (2)(a).
   2. Unless extraordinary circumstances exist, a defendant, a surety on behalf of the defendant, or another third party on behalf of the defendant must be allowed to post bond within two hours after the sheriff receives the bond information from the court. Notwithstanding the provisions of this section, a sheriff may allow an individual to choose to stay in jail overnight after release when extenuating circumstances exist, including inclement weather, lack of transportation, or lack of shelter.
   3. The custodian of a jail shall ensure the defendant, a surety on behalf of the defendant, or another third party on behalf of the defendant is not charged more than a ten-dollar bond processing fee.
   4. The custodian of a jail shall also ensure the defendant, a surety on behalf of the defendant, or another third party on behalf of the defendant is not charged any additional transaction fees including kiosk fees; except that the standard credit card processing fee that the credit card company charges may be charged when a credit card is used, or, when a third-party vendor provides defendants the option to pay monetary bond with a credit card, the defendant can be required to pay up to a three-and-one-half percent credit card payment processing fee.
   5. Unless extraordinary circumstances exist, the custodian of a jail shall release a defendant as soon as practicable but no later than four hours after the defendant is physically present in the jail and the defendant's bond has been posted. A supervisory condition of release does not serve as a legal basis to continue to detain the defendant; except that, if the defendant is ordered released upon condition of being subject to electronic monitoring, the defendant may be held up to as long as practicable but no longer than twenty-four hours after the defendant is physically present in the jail and the defendant's bond has been posted, if such delay is necessary to ensure the defendant is fitted with electronic monitoring and the court has authorized the defendant to be held until the electronic monitor is fitted. If the court orders electronic monitoring for the protection of a specific individual, and the defendant is ordered to have no contact with that specific individual, and the judge orders that the defendant not be released without electronic monitoring based on finding that the electronic monitoring is necessary for public safety, then the time limits regarding release of the defendant in this subsection do not apply. However, if a defendant is held more than twenty-four hours after posting bond awaiting electronic monitoring fitting, the sheriff shall bring the defendant to the court the next day the court is in session and explain the reason for the delay.
   6. A defendant who has posted bond must be released regardless of whether the defendant has paid any outstanding fee, cost, or surcharge, including bond processing fees, booking fees, pretrial supervision fees, or electronic monitoring supervision fees.
   7. For purposes of this section, "extraordinary circumstances" includes an emergency that renders staff unable to process bonds and release defendants, but it does not include a lack of staffing resources or routine administrative practices.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 822, § 2, effective May 11. L. 2019: Entire section amended, (SB 19-191), ch. 288, p. 2666, § 1, effective August 2.

16-4-103. Setting and selection type of bond - criteria.

1. At the first appearance of a person in custody before any court or any person designated by the court to set bond, the court or person shall determine the type of bond and conditions of release unless the person is subject to the provisions of section 16-4-101.
2. If an indictment, information, or complaint has been filed and the type of bond and conditions of release have been fixed upon return of the indictment or filing of the information or complaint, the court shall review the propriety of the type of bond and conditions of release upon first appearance of a person in custody.
3. 1. The type of bond and conditions of release shall be sufficient to reasonably ensure the appearance of the person as required and to protect the safety of any person or the community, taking into consideration the individual characteristics of each person in custody, including the person's financial condition.
   2. In determining the type of bond and conditions of release, if practicable and available in the jurisdiction, the court shall use an empirically developed risk assessment instrument designed to improve pretrial release decisions by providing to the court information that classifies a person in custody based upon predicted level of risk of pretrial failure.
4. When the type of bond and conditions of release are determined by the court, the court shall:
   1. Presume that all persons in custody are eligible for release on bond with the appropriate and least-restrictive conditions consistent with provisions in paragraph (a) of subsection (3) of this section unless a person is otherwise ineligible for release pursuant to the provisions of section 16-4-101 and section 19 of article II of the Colorado constitution. A monetary condition of release must be reasonable, and any other condition of conduct not mandated by statute must be tailored to address a specific concern.
   2. To the extent a court uses a bond schedule, the court shall incorporate into the bond schedule conditions of release and factors that consider the individualized risk and circumstances of a person in custody and all other relevant criteria and not solely the level of offense; and
   3. Consider all methods of bond and conditions of release to avoid unnecessary pretrial incarceration and levels of community-based supervision as conditions of pretrial release.
5. The court may also consider the following criteria as appropriate and relevant in making a determination of the type of bond and conditions of release:
   1. The employment status and history of the person in custody;
   2. The nature and extent of family relationships of the person in custody;
   3. Past and present residences of the person in custody;
   4. The character and reputation of the person in custody;
   5. Identity of persons who agree to assist the person in custody in attending court at the proper time;
   6. The likely sentence, considering the nature and the offense presently charged;
   7. The prior criminal record, if any, of the person in custody and any prior failures to appear for court;
   8. Any facts indicating the possibility of violations of the law if the person in custody is released without certain conditions of release;
   9. Any facts indicating that the defendant is likely to intimidate or harass possible witnesses; and
   10. Any other facts tending to indicate that the person in custody has strong ties to the community and is not likely to flee the jurisdiction.
6. When a person is charged with an offense punishable by fine only, any monetary condition of release shall not exceed the amount of the maximum fine penalty.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 822, § 2, effective May 11. L. 2014: (1) amended, (SB 14-212), ch. 397, p. 1998, § 1, effective July 1.

16-4-104. Types of bond set by the court.

1. The court shall determine, after consideration of all relevant criteria, which of the following types of bond is appropriate for the pretrial release of a person in custody, subject to the relevant statutory conditions of release listed in section 16-4-105. The person may be released upon execution of:
   1. An unsecured personal recognizance bond in an amount specified by the court. The court may require additional obligors on the bond as a condition of the bond.
   2. An unsecured personal recognizance bond with additional nonmonetary conditions of release designed specifically to reasonably ensure the appearance of the person in court and the safety of any person or persons or the community;
   3. A bond with secured monetary conditions when reasonable and necessary to ensure the appearance of the person in court or the safety of any person or persons or the community. The financial conditions shall state an amount of money that the person must post with the court in order for the person to be released. The person may be released from custody upon execution of bond in the full amount of money to be secured by any one of the following methods, as selected by the person to be released, unless the court makes factual findings on the record with respect to the person to be released that a certain method of bond, as selected by the court, is necessary to ensure the appearance of the person in court or the safety of any person, persons, or the community:
      1. By a deposit with the clerk of the court of an amount of cash equal to the monetary condition of the bond;
      2. By real estate situated in this state with unencumbered equity not exempt from execution owned by the accused or any other person acting as surety on the bond, which unencumbered equity shall be at least one and one-half the amount of the security set in the bond;
      3. By sureties worth at least one and one-half of the security set in the bond; or
      4. By a bail bonding agent, as defined in section 16-1-104 (3.5).
   4. A bond with secured real estate conditions when it is determined that release on an unsecured personal recognizance bond without monetary conditions will not reasonably ensure the appearance of the person in court or the safety of any person or persons or the community. For a bond secured by real estate, the bond shall not be accepted by the clerk of the court unless the record owner of such property presents to the clerk of the court the original deed of trust as set forth in subparagraph (IV) of this paragraph (d) and the applicable recording fee. Upon receipt of the deed of trust and fee, the clerk of the court shall record the deed of trust with the clerk and recorder for the county in which the property is located. For a bond secured by real estate, the amount of the owner's unencumbered equity shall be determined by deducting the amount of all encumbrances listed in the owner and encumbrances certificate from the actual value of such real estate as shown on the current notice of valuation. The owner of the real estate shall file with the bond the following, which shall constitute a material part of the bond:
      1. The current notice of valuation for such real estate prepared by the county assessor pursuant to section 39-5-121, C.R.S.; and
      2. Evidence of title issued by a title insurance company or agent licensed pursuant to article 11 of title 10, C.R.S., within thirty-five days after the date upon which the bond is filed; and
      3. A sworn statement by the owner of the real estate that the real estate is security for the compliance by the accused with the primary condition of the bond; and
      4. A deed of trust to the public trustee of the county in which the real estate is located that is executed and acknowledged by all record owners of the real estate. The deed of trust shall name the clerk of the court approving the bond as beneficiary. The deed of trust shall secure an amount equal to one and one-half times the amount of the bond.
2. Unless the district attorney consents or unless the court imposes certain additional individualized conditions of release as described in section 16-4-105, a person must not be released on an unsecured personal recognizance bond pursuant to paragraph (a) of subsection (1) of this section under the following circumstances:
   1. The person is presently free on another bond of any kind in another criminal action involving a felony or a class 1 misdemeanor;
   2. The person has a record of conviction of a class 1 misdemeanor within two years or a felony within five years, prior to the bail hearing; or
   3. The person has willfully failed to appear on bond in any case involving a felony or a class 1 misdemeanor charge in the preceding five years.
3. A person may not be released on an unsecured personal recognizance bond if, at the time of such application, the person is presently on release under a surety bond for felony or class 1 misdemeanor charges unless the surety thereon is notified and afforded an opportunity to surrender the person into custody on such terms as the court deems just under the provisions of section 16-4-108.
4. Because of the danger posed to any person and the community, a person who is arrested for an offense under section 42-4-1301 (1) or (2)(a), C.R.S., may not attend a bail hearing until the person is no longer intoxicated or under the influence of drugs. The person shall be held in custody until the person may safely attend such hearing.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 824, § 2, effective May 11. L. 2014: IP(1)(c) amended, (SB 14-212), ch. 397, p. 1998, § 2, effective July 1.

16-4-105. Conditions of release on bond.

1. For each bond, the court shall require that the released person appear to answer the charge against the person at a place and upon a date certain and at any place or upon any date to which the proceeding is transferred or continued. This condition is the only condition for which a breach of surety or security on the bail bond may be subject to forfeiture.
2. For a person who has been arrested for a felony offense, the court shall require as a condition of a bond that the person execute a waiver of extradition stating the person 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 at liberty 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.
3. Additional conditions of every bond is that the released person shall not commit any felony while free on such a bail bond, and the court in which the action is pending has the power to revoke the release of the person, to change any bond condition, including the amount of any monetary condition if it is shown that a competent court has found probable cause to believe that the defendant has committed a felony while released, pending the resolution of a prior felony charge.
4. An additional condition of every bond in cases involving domestic violence as defined in section 18-6-800.3 (1), C.R.S., in cases of stalking under section 18-3-602, C.R.S., or in cases involving unlawful sexual behavior as defined in section 16-22-102 (9), is that the released person acknowledge the protection order as provided in section 18-1-1001 (5), C.R.S.
5. An additional condition of every bond in a case of an offense under section 42-2-138 (1)(d)(I), C.R.S., of driving while such person's driver's license or privilege to drive, either as a resident or nonresident, is restrained solely or partially because of a conviction of a driving offense pursuant to section 42-4-1301 (1) or (2)(a), C.R.S., is that such person not drive any motor vehicle during the period of such driving restraint.
6. 1. If a person is arrested for driving under the influence or driving while ability impaired, pursuant to section 42-4-1301, C.R.S., and the person has one or more previous convictions for an offense in section 42-4-1301, C.R.S., or one or more convictions in any other jurisdiction that would constitute a violation of section 42-4-1301, C.R.S., as a condition of any bond, the court shall order that the person abstain from the use of alcohol or illegal drugs, and such abstinence shall be monitored.
   2. A person seeking relief from any of the conditions imposed pursuant to subsection (6)(a) of this section shall file a motion with the court, and the court shall conduct a hearing upon the motion. The court shall consider whether the condition from which the person is seeking relief is in the interest of justice and whether public safety would be endangered if the condition were not enforced. When determining whether to grant relief pursuant to this subsection (6)(b), the court shall consider whether the person has voluntarily enrolled and is participating in an appropriate substance use disorder treatment program.
   3. Notwithstanding subsection (6)(a) or any other provision of this section, if a person possesses a valid registry identification card, as defined in section 25-1.5-106 (2)(e), that establishes that he or she is a patient who uses medical marijuana, the court shall not require as a condition of any bond that the person abstain from the use of medical marijuana.
7. A person may be released on a bond with monetary condition of bond, when appropriate, as described in section 16-4-104 (1)(c).
8. In addition to the conditions specified in this section, the court may impose any additional conditions on the conduct of the person released that will assist in obtaining the appearance of the person in court and the safety of any person or persons and the community. These conditions may include, but are not limited to, supervision by a qualified person or organization or supervision by a pretrial services program established pursuant to section 16-4-106. While under the supervision of a qualified organization or pretrial services program, the conditions of release imposed by the court may include, but are not limited to:
   1. Periodic telephone contact with the program;
   2. Periodic office visits by the person to the pretrial services program or organization;
   3. Periodic visits to the person's home by the program or organization;
   4. Treatment of the person's behavioral, mental health, or substance use disorder, if applicable, including residential treatment if the defendant consents to the treatment;
   5. Periodic alcohol or drug testing of the person;
   6. Domestic violence counseling for the defendant if the defendant consents to the counseling;
   7. Electronic or global position monitoring of the person;
   8. Pretrial work release for the person; and
   9. Other supervision techniques shown by research to increase court appearance and public safety rates for persons released on bond.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 826, § 2, effective May 11. L. 2014: (4) amended, (SB 14-212), ch. 397, p. 1999, § 3, effective July 1. L. 2015: (4) amended, (HB 15-1060), ch. 45, p. 112, § 1, effective March 20. L. 2017: (6)(b) and (8)(d) amended, (SB 17-242), ch. 263, p. 1296, § 118, effective May 25; (6)(c) added, (SB 17-178), ch. 115, p. 413, § 1, August 9.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

16-4-105.5. Notification of court reminder program.

A person released on bond pursuant to this part 1 who is ordered to appear in a court that participates in the court reminder program established in section 13-3-101 (14)(a)(I), and any person otherwise ordered to appear in a court that participates in the program, must be notified that the person can elect to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures, and must be provided the opportunity to provide a mobile telephone number or update a mobile telephone number for that purpose.

Source: L. 2019: Entire section added, (SB 19-036), ch. 293, p. 2687, § 3, effective August 2.

16-4-106. Pretrial services programs.

1. The chief judge of any judicial district may order a person who is eligible for bond or other pretrial release to be evaluated by a pretrial services program established pursuant to this section, which program may advise the court if the person is bond eligible, may provide information that enables the court to make an appropriate decision on bond and conditions of release, and may recommend conditions of release consistent with this section. The chief judge may make such order in any or all of the counties of the chief judge's judicial district.
2. The chief judge of any judicial district shall endeavor to consult, on an annual basis, with the county or counties within the judicial district in an effort to support and encourage the development by the county or counties, to the extent practicable and within available resources, of pretrial services programs that support the work of the court and evidence-based decision-making in determining the type of bond and conditions of release.
3. To reduce barriers to the pretrial release of persons in custody whose release on bond with appropriate conditions reasonably assures court appearance and public safety, all counties and cities and counties are encouraged to develop a pretrial services program in consultation with the chief judge of the judicial district in an effort to establish a pretrial services program that may be utilized by the district court of such county or city and county. Any pretrial services program must be established pursuant to a plan formulated by a community advisory board created for such purpose and appointed by the chief judge of the judicial district. Membership on such community advisory board must include, at a minimum, a representative of a local law enforcement agency, a representative of the district attorney, a representative of the public defender, and a representative of the citizens at large. The chief judge is encouraged to appoint to the community advisory board at least one representative of the bail bond industry who conducts business in the judicial district, which may include a bail bondsman, a bail surety, or other designated bail industry representative. The plan formulated by such community advisory board must be approved by the chief judge of the judicial district prior to the establishment and utilization of the pretrial services program. The option contained in this section that a pretrial services program be established pursuant to a plan formulated by the community advisory board does not apply to any pretrial services program that existed before May 31, 1991.
4. Any pretrial services program approved pursuant to this section must meet the following criteria:
   1. The program must establish a procedure for the screening of persons who are detained due to an arrest for the alleged commission of a crime so that such information may be provided to the judge who is setting the bond and conditions of release. The program must provide information that provides the court with the ability to make an appropriate initial bond decision that is based upon facts relating to the person's risk of failure to appear for court and risk of danger to the community.
   2. The program must make all reasonable attempts to provide the court with such information delineated in this section as is appropriate to each individual person seeking release from custody;
   3. The program, in conjunction with the community advisory board, must make all reasonable efforts to implement an empirically developed pretrial risk assessment tool, to be used by the program, the court, and the parties to the case solely for the purpose of assessing pretrial risk, and a structured decision-making design based upon the person's charge and the risk assessment score; and
   4. The program must work with all appropriate agencies and assist with all efforts to comply with sections 24-4.1-302.5 and 24-4.1-303, C.R.S.
5. Any pretrial services program may also include different methods and levels of community-based supervision as a condition of release, and the program must use established methods for persons who are released prior to trial in order to decrease unnecessary pretrial detention. The program may include, but is not limited to, any of the criteria as outlined in section 16-4-105 (8) as conditions for pretrial release.
6. Commencing July 1, 2012, each pretrial services program established pursuant to this section shall provide an annual report to the judicial department no later than November 1 of each year, regardless of whether the program existed prior to May 31, 1991. Notwithstanding section 24-1-136 (11)(a)(I), the judicial department shall present an annual combined report to the house and senate judiciary committees of the house of representatives and the senate, or any successor committees, of the general assembly. The report to the judicial department must include, but is not limited to, the following information:
   1. The total number of pretrial assessments performed by the program and submitted to the court;
   2. The total number of closed cases by the program in which the person was released from custody and supervised by the program;
   3. The total number of closed cases in which the person was released from custody, was supervised by the program, and, while under supervision, appeared for all scheduled court appearances on the case;
   4. The total number of closed cases in which the person was released from custody, was supervised by the program, and was not charged with a new criminal offense that was alleged to have occurred while under supervision and that carried the possibility of a sentence to jail or imprisonment;
   5. The total number of closed cases in which the person was released from custody and was supervised by the program, and the person's bond was not revoked by the court due to a violation of any other terms and conditions of supervision; and
   6. Any additional information the judicial department may request.
7. For the reports required in subsection (6) of this section, the pretrial services program shall include information detailing the number of persons released on a commercial surety bond in addition to pretrial supervision, the number of persons released on a cash, private surety, or property bond in addition to pretrial supervision, and the number of persons released on any form of a personal recognizance bond in addition to pretrial supervision.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 828, § 2, effective May 11. L. 2014: (4)(c) amended, (SB 14-212), ch. 397, p. 1999, § 4, effective July 1. L. 2017: IP(6) amended, (SB 17-241), ch. 171, p. 624, § 5, effective April 28.

16-4-107. Hearing after setting of monetary conditions of bond.

1. If a person is in custody and the court imposed a monetary condition of bond for release, and the person, after seven days from the setting of the monetary condition of bond, is unable to meet the monetary obligations of the bond, the person may file a written motion for reconsideration of the monetary conditions of the bond. The person may only file the written motion pursuant to this section one time during the pendency of the case and may only file the written motion if he or she believes that, upon presentation of evidence not fully considered by the court, he or she is entitled to a personal recognizance bond or an unsecured bond with conditions of release or a change in the monetary conditions of bond. The court shall promptly conduct a hearing on this motion for reconsideration, but the hearing must be held within fourteen days after the filing of the motion. However, the court may summarily deny the motion if the court finds that there is no additional evidence not fully considered by the court presented in the written motion. In considering the motion, the court shall consider the results of any empirically developed risk assessment instrument.
2. Nothing in this section shall preclude a person from filing a motion for relief from a monetary condition of bond pursuant to section 16-4-109 at any time during the pendency of the case.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 830, § 2, effective May 11. L. 2014: Entire section amended, (SB 14-212), ch. 397, p. 1999, § 5, effective July 1.

16-4-108. When original bond continued.

Once a bond has been executed and the person released from custody thereon, whether a charge is then pending or is thereafter filed or transferred to a court of competent jurisdiction, the original bond shall continue in effect until final disposition of the case in the trial court. If a charge filed in the county court is dismissed and the district attorney states on the record that the charge will be refiled in the district court or that the dismissal by the county court will be appealed to the district court, the county court before entering the dismissal shall fix a return date, not later than sixty-three days thereafter, upon which the defendant must appear in the district court and continue the bond. Any bond continued pursuant to this section is subject to the provisions of section 16-4-109.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 830, § 2, effective May 11.

16-4-109. Reduction or increase of monetary conditions of bond - change in type of bond or conditions of bond - definitions.

1. Upon application by the district attorney or the defendant, the court before which the proceeding is pending may increase or decrease the financial conditions of bond, may require additional security for a bond, may dispense with security theretofore provided, or may alter any other condition of the bond.
2. Reasonable notice of an application for modification of a bond by the defendant shall be given to the district attorney.
3. Reasonable notice of application for modification of a bond by the district attorney shall be given to the defendant, except as provided in subsection (4) of this section.
4. 1. Upon verified application by the district attorney or a bonding commissioner stating facts or circumstances constituting a breach or a threatened breach of any of the conditions of the bond, the court may issue a warrant commanding any peace officer to bring the defendant without unnecessary delay before the court for a hearing on the matters set forth in the application. Upon issuance of the warrant, the bonding commissioner shall notify the bail bond agent of record by electronic mail to the agent if available within twenty-four hours or by certified mail not more than fourteen days after the warrant is issued. At the conclusion of the hearing, the court may enter an order authorized by subsection (1) of this section. If a bonding commissioner files an application for a hearing pursuant to this subsection (4), the bonding commissioner shall notify the district attorney, for the jurisdiction in which the application is made, of the application within twenty-four hours following the filing of the application.
   2. As used in this subsection (4), "bonding commissioner" means a person employed by a pretrial services program as described in section 16-4-106 (3), and so designated as a bonding commissioner by the chief or presiding judge of the judicial district.
5. The district attorney has the right to appear at all hearings seeking modification of the terms and conditions of bond and may advise the court on all pertinent matters during the hearing.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 830, § 2, effective May 11.

16-4-110. Exoneration from bond liability.

1. Any person executing a bail bond as principal or as surety shall be exonerated as follows:
   1. When the condition of the bond has been satisfied; or
   2. When the amount of the forfeiture has been paid; or
   3. 1. When the surety appears and provides satisfactory evidence to the court that the defendant is unable to appear before the court due to such defendant's death or the detention or incarceration of such defendant in a foreign jurisdiction if the defendant is incarcerated for a period in excess of ninety-one days and the state of Colorado has refused to extradite such defendant; except that, if the state extradites such defendant, all costs associated with such extradition shall be borne by the surety up to the amount of the bond.
      2. For the purposes of this paragraph (c), "costs associated with extradition" shall be calculated as and limited to the round-trip mileage between the Colorado court of jurisdiction and the location of the defendant's incarceration at the rate allowed for reimbursement pursuant to section 24-9-104, C.R.S., up to the amount of the bond.
   4. Upon surrender of the defendant into custody at any time before a judgment has been entered against the sureties for forfeiture of the bond, upon payment of all costs occasioned thereby. A surety may seize and surrender the defendant to the sheriff of the county wherein the bond is taken, and it is the duty of the sheriff, on such surrender and delivery to him or her of a certified copy of the bond by which the surety is bound, to take the person into custody and, by writing, acknowledge the surrender. If a compensated surety is exonerated by surrendering a defendant prior to the initial appearance date fixed in the bond, the court, after a hearing, may require the surety to refund part or all of the bond premium paid by the defendant if necessary to prevent unjust enrichment.
   5. After three years have elapsed from the posting of the bond, unless a judgment has been entered against the surety or the principal for the forfeiture of the bond, or unless the court grants an extension of the three-year time period for good cause shown, upon motion by the prosecuting attorney and notice to surety of record.
   6. 1. When the surety provides satisfactory evidence to the court that the defendant has been removed from the country. The court shall exonerate the bail bond if all of the following occur:
         1. The surety files a motion requesting exoneration of the bail bond;
         2. The surety files an affidavit along with the motion stating that the surety has received information from the United States department of homeland security, the United States immigration and customs enforcement, or a foreign consulate that the defendant has been detained or removed from the United States. If the surety is unable to obtain such information from the above sources, the surety must file an affidavit that is signed under penalty of perjury by a person with personal knowledge that the defendant has been detained or removed from the United States.
         3. The district attorney does not object.
      2. If the court exonerates the liability on the bail bond pursuant to subsection (1)(f)(I) of this section and the bond premium has been paid, any collateral securing the bail bond is released.
2. If, within fourteen days after the posting of a bond by a defendant, the terms and conditions of the bond are changed or altered either by order of court or upon the motion of the district attorney or the defendant, the court, after a hearing, may order a compensated surety to refund a portion of the premium paid by the defendant, if necessary and supported by factual findings, to prevent unjust enrichment. If more than fourteen days have elapsed after posting of a bond by a defendant, the court shall not order the refund of any premium.
3. Upon entry of an order for deferred prosecution as it existed before August 7, 2013, a diversion authorized by section 18-1.3-101, C.R.S., or deferred judgment as authorized in sections 18-1.3-101 and 18-1.3-102, C.R.S., sureties upon any bond given for the appearance of the defendant shall be released from liability on such bond.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 831, § 2, effective May 11; (3) amended, (HB 13-1156), ch. 336, p. 1957, § 3, effective August 7. L. 2014: (2) amended, (SB 14-212), ch. 397, p. 1999, § 6, effective July 1. L. 2017: (1)(f) added, (HB 17-1369), ch. 379, p. 1949, § 2, effective June 6.

Cross references: For the short title ("Bond Surety Protection Act") in HB 17-1369, see section 1 of chapter 379, Session Laws of Colorado 2017.

16-4-111. Disposition of security deposits upon forfeiture or termination of bond.

1. 1. If a defendant is released upon deposit of cash in any amount or upon deposit of any stocks or bonds and the defendant is later discharged from all liability under the terms of the bond, the clerk of the court shall return the deposit to the person who made the deposit.
   2. 1. If the depositor of the cash bond is the defendant and the defendant owes court costs, fees, fines, restitution, or surcharges at the time the defendant is discharged from all liability under the terms of the bond, the court may apply the deposit toward any amount owed by the defendant in court costs, fees, fines, restitution, or surcharges if the defendant voluntarily agrees in writing to the use of the deposit for such purpose. A defendant shall not be required to agree to apply the deposit toward any amount owed by the defendant as a condition of release. If any amount of the deposit remains after paying the defendant's outstanding court costs, fees, fines, restitution, or surcharges, the court shall return the remainder of the deposit to the defendant.
      2. If the depositor of the cash bond is not the defendant, but the defendant owes court costs, fees, fines, restitution, or surcharges at the time the defendant is discharged from all liability under the terms of the bond, the court shall not apply the deposit toward the amount owed by the defendant in court costs, fees, fines, restitution, or surcharges. The court shall return the deposit to the depositor.
      3. A depositor of a cash bond who is not the defendant may deposit bond funds directly with the jail. The depositor shall not be required to pay any additional fees, costs, or surcharges other than the bond amount and bond processing fee. The depositor shall not be required to apply bond funds to the defendant's inmate account for payment of the bond and shall not be required to deposit money in the defendant's name.
2. 1. Upon satisfaction of the terms of the bond, the clerk of the court shall execute, within fourteen days after such satisfaction, a release of any deed of trust given to secure the bond and an affidavit that states that the obligation for which the deed of trust had been recorded has been satisfied, either fully or partially, and that the release of such deed of trust may be recorded at the expense of the record owner of the property described in such deed of trust.
   2. If there is a forfeiture of the bond pursuant to this section, and if the forfeiture is not set aside pursuant to subsection (4) of this section, the deed of trust may be foreclosed as provided by law.
   3. If there is a forfeiture of the bond pursuant to this section, but the forfeiture is set aside pursuant to subsection (3) of this section, the clerk of the court shall execute a release of any deed of trust given to secure the bond and an affidavit that states that the obligation for which the deed of trust had been recorded has been satisfied, either fully or partially, and that the release of such deed of trust may be recorded at the expense of the record owner of the real estate described in such deed of trust.
3. When the defendant has been released upon deposit of cash or property, upon an unsecured personal recognizance bond with a monetary condition pursuant to section 16-4-104 (1)(a) or (1)(b), or upon a surety bond secured by property, if the defendant fails to appear in accordance with the primary condition of the bond, the court shall declare a forfeiture. Notice of the order of forfeiture shall be mailed by the court to the defendant, all sureties, and all depositors or assignees of any deposits of cash or property if such sureties, depositors, or assignees have direct contact with the court, at their last-known addresses. Such notice shall be sent within fourteen days after the entry of the order of forfeiture. If the defendant does not appear and surrender to the court having jurisdiction within thirty-five days from the date of the forfeiture or within that period satisfy the court that appearance and surrender by the defendant is impossible and without fault by such defendant, the court may enter judgment for the state against the defendant for the amount of the bond and costs of the court proceedings. Any cash deposits made with the clerk of the court shall be applied to the payment of costs. If any amount of such cash deposit remains after the payment of costs, it shall be applied to payment of the judgment.
4. The court may order that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice so requires.
5. If, within one year after judgment, the person who executed the forfeited bond as principal or as surety effects the apprehension or surrender of the defendant to the sheriff of the county from which the bond was taken or to the court which granted the bond, the court may vacate the judgment and order a remission less necessary and actual costs of the court.
6. The provisions of this section shall not apply to appearance bonds written by compensated sureties, as defined in section 16-4-114 (2)(c), which bonds shall be subject to the provisions of section 16-4-114.
7. On and after July 1, 2008, all moneys collected from payment toward a judgment entered for the state pursuant to paragraph (b) of subsection (1) of this section shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 832, § 2, effective May 11. L. 2014: (3) amended, (SB 14-212), ch. 397, p. 2000, § 7, effective July 1. L. 2019: (1)(b) amended, (SB 19-191), ch. 288, p. 2668, § 2, effective August 2.

16-4-112. Enforcement when forfeiture not set aside.

By entering into a bond, each obligor, whether he or she is the principal or a surety, submits to the jurisdiction of the court. His or her liability under the bond may be enforced, without the necessity of an independent action, as follows: The court shall order the issuance of a citation directed to the obligor to show cause, if any there be, why judgment should not be entered against him or her forthwith and execution issue thereon. Said citation may be served personally or by certified mail upon the obligor directed to the address given in the bond. Hearing on the citation shall be held not less than twenty-one days after service. The defendant's attorney and the prosecuting attorney shall be given notice of the hearing. At the conclusion of the hearing, the court may enter a judgment for the state and against the obligor, and execution shall issue thereon as on other judgments. The district attorney shall have execution issued forthwith upon the judgment and deliver it to the sheriff to be executed by levy upon the stocks, bond, or real estate which has been accepted as security for the bond.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 834, § 2, effective May 11.

16-4-113. Type of bond in certain misdemeanor cases.

1. In exercising the discretion mentioned in section 16-4-104, the judge shall release the accused person upon personal recognizance if the charge is a class 3 misdemeanor or any unclassified offense for a violation of which the maximum penalty does not exceed six months' imprisonment, and he or she shall not be required to supply a surety bond, or give security of any kind for his or her appearance for trial other than his or her personal recognizance, unless one or more of the following facts are found to be present:
   1. The arrested person fails to sufficiently identify himself or herself; or
   2. The arrested person refuses to sign a personal recognizance; or
   3. The continued detention or posting of a surety bond is necessary to prevent imminent bodily harm to the accused or to another; or
   4. The arrested person has no ties to the jurisdiction of the court reasonably sufficient to assure his or her appearance, and there is substantial likelihood that he or she will fail to appear for trial if released upon his or her personal recognizance; or
   5. The arrested person has previously failed to appear for trial for an offense concerning which he or she had given his written promise to appear; or
   6. There is outstanding a warrant for his or her arrest on any other charge or there are pending proceedings against him or her for suspension or revocation of parole or probation.
2. 1. For a defendant charged with a traffic offense, a petty offense, or a comparable municipal offense, a court shall not impose a monetary condition of release. If the comparable municipal offense is a property crime and the factual basis reflects a value of less than fifty dollars and the offense would be a petty offense under state law, this subsection (2)(a) applies.
   2. For a defendant charged with a municipal offense for which there is no comparable state misdemeanor offense, the court shall not impose a monetary condition of release.
   3. After arrest, but prior to an individual consideration of bond by a judge, bonding commissioner, judicial officer, or judicial designee with the power to set conditions of release, this subsection (2) does not prohibit the release of a defendant pursuant to local pretrial release policies, including those that require payment of a monetary condition of release, if the defendant is first informed that the defendant is entitled to release on a personal recognizance bond.
   4. Nothing in this subsection (2) prohibits the issuance of a warrant with monetary conditions of bond for a defendant who fails to appear in court as required or who violates a condition of release. If a defendant is unable to post the monetary condition of bond prior to the next individualized consideration of bond, the judge, bonding commissioner, judicial officer, or judicial designee with the power to set conditions of release shall release the person on personal recognizance.
   5. The provisions of this subsection (2) do not apply to:
      1. A traffic offense involving death or bodily injury or a municipal offense with substantially similar elements;
      2. Eluding or attempting to elude a police officer as described in section 42-4-1413 or a municipal offense with substantially similar elements;
      3. Operating a vehicle after circumventing an interlock device as described in section 42-2-132.5 (10) or a municipal offense with substantially similar elements; and
      4. A municipal offense that has substantially similar elements to a state misdemeanor offense.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 834, § 2, effective May 11. L. 2019: IP(1) amended and (2) added, (HB 19-1225), ch. 132, p. 590, § 1, effective April 25.

16-4-114. Enforcement procedures for compensated sureties - definitions.

1. 1. The general assembly hereby finds, determines, and declares that the simplicity, effectiveness, and uniformity of bail forfeiture procedures applicable to compensated sureties who are subject to the regulatory authority of the Colorado division of insurance are matters of statewide concern.
   2. It is the intent of the general assembly in adopting this section to:
      1. Adopt a board system that will simplify and expedite bail forfeiture procedures by authorizing courts to bar compensated sureties who fail to pay forfeiture judgments from writing further bonds;
      2. Minimize the need for day-to-day involvement of the division of insurance in routine forfeiture enforcement; and
      3. Reduce court administrative workload.
2. As used in this section, unless the context otherwise requires:
   1. "Bail insurance company" means an insurer as defined in section 10-1-102 (13), C.R.S., engaged in the business of writing appearance bonds through bonding agents, which company is subject to regulation by the division of insurance in the department of regulatory agencies.
   2. "Board system" means any reasonable method established by a court to publicly post or disseminate the name of any compensated surety who is prohibited from posting bail bonds.
   3. "Compensated surety" means any person who is in the business of writing appearance bonds and who is subject to regulation by the division of insurance in the department of regulatory agencies, including bonding agents and bail insurance companies. Nothing in this paragraph (c) authorizes bail insurance companies to write appearance bonds except through bail bonding agents.
   4. "On the board" means that the name of a compensated surety has been publicly posted or disseminated by a court as being ineligible to write bail bonds pursuant to paragraph (e) or (f) of subsection (5) of this section.
3. Each court of record in this state shall implement a board system for the recording and dissemination of the names of those compensated sureties who are prohibited from posting bail bonds in the state due to an unpaid judgment as set forth in this section.
4. By entering into a bond, each obligor, including the bond principal and compensated surety, submits to the jurisdiction of the court and acknowledges the applicability of the forfeiture procedures set forth in this section.
5. Liability of bond obligors on bonds issued by compensated sureties may be enforced, without the necessity of an independent action, as follows:
   1. In the event a defendant does not appear before the court and is in violation of the primary condition of an appearance bond, the court may declare the bond forfeited.
   2. 1. If a bond is declared forfeited by the court, notice of the bail forfeiture order shall be served on the bonding agent by certified mail and on the bail insurance company by regular mail within fourteen days after the entry of said forfeiture. If the compensated surety on the bond is a cash bonding agent, only the cash bonding agent shall be notified of the forfeiture. Service of notice of the bail forfeiture on the defendant is not required.
      2. The notice described in subparagraph (I) of this paragraph (b) shall include, but need not be limited to:
         1. A statement intended to inform the compensated surety of the entry of forfeiture;
         2. An advisement that the compensated surety has the right to request a show cause hearing pursuant to subparagraph (III) of this paragraph (b) within fourteen days after receipt of notice of forfeiture, by procedures set by the court; and
         3. An advisement that if the compensated surety does not request a show cause hearing pursuant to subparagraph (III) of this paragraph (b), judgment shall be entered upon expiration of thirty-five days following the entry of forfeiture.
      3. A compensated surety, upon whom notice of a bail forfeiture order has been served, shall have fourteen days after receipt of notice of such forfeiture to request a hearing to show cause why judgment on the forfeiture should not be entered for the state against the compensated surety. Such request shall be granted by the court and a hearing shall be set within thirty-five days after entry of forfeiture or at the court's earliest convenience. At the conclusion of the hearing requested by the compensated surety, if any, the court may enter judgment for the state against the compensated surety, or the court may in its discretion order further hearings. Upon expiration of thirty-five days after the entry of forfeiture, the court shall enter judgment for the state against the compensated surety if the compensated surety did not request within fourteen days after receipt of notice of such forfeiture a hearing to show cause.
      4. If such a show cause hearing was timely set but the hearing did not occur within thirty-five days after the entry of forfeiture, any entry of judgment at the conclusion of the hearing against the compensated surety shall not be vacated on the grounds that the matter was not timely heard. If judgment is entered against a compensated surety upon the conclusion of a requested show cause hearing, and such hearing did not occur within thirty-five days after the entry of forfeiture, execution upon said judgment shall be automatically stayed for no more than one hundred twenty-six days after entry of forfeiture.
      5. 1. If at any time prior to the entry of judgment, the defendant appears in court, either voluntarily or in custody after surrender or arrest, the court shall on its own motion direct that the bail forfeiture be set aside and the bond exonerated at the time the defendant first appears in court; except that, if the state extradites such defendant, all necessary and actual costs associated with such extradition shall be borne by the surety up to the amount of the bond.
         2. If, at a time prior to the entry of judgment, the surety provides proof to the court that the defendant is in custody in any other jurisdiction within the state, the court shall on its own motion direct that the bail forfeiture be set aside and the bond exonerated; except that, if the court extradites the defendant, all necessary and actual costs associated with the extradition shall be borne by the surety up to the amount of the bond. If the court elects to extradite the defendant, any forfeiture will be stayed until such time the defendant appears in the court where the bond returns.
         3. A compensated surety shall be exonerated from liability upon the bond by satisfaction of the bail forfeiture judgment, surrender of the defendant, or order of the court. If the surety provides proof to the court that the defendant is in custody in any other jurisdiction within the state, within ninety-one days after the entry of judgment, the court shall on its own motion direct that the bail forfeiture judgment be vacated and the bond exonerated; except that, if the court extradites the defendant, all necessary and actual costs associated with the extradition shall be borne by the surety up to the amount of the bond. If the court elects to extradite the defendant, any judgment will be stayed until the time the defendant appears in the court where the bond returns.
      6. A compensated surety shall be exonerated from liability upon the bond when the surety provides satisfactory evidence to the court that the defendant has been removed from the country pursuant action by a federal immigration agency while on bond. The court shall exonerate the bail bond if all of the following occur:
         1. The compensated surety files a motion requesting exoneration of the bail bond;
         2. The compensated surety files an affidavit along with the motion stating that the compensated surety has received information from the United States department of homeland security, the United States immigration and customs enforcement, or a foreign consulate that the defendant has been detained or removed from the United States. If the compensated surety is unable to obtain such information from the above sources, the compensated surety must file an affidavit that is signed under penalty of perjury by a person with personal knowledge that the defendant has been detained or removed from the United States.
         3. The district attorney does not object.
      7. If the court exonerates the liability on the bail bond pursuant to subsection (5)(b)(VI) of this section and the bond premium has been paid, any collateral securing the bail bond is released.
   3. Execution upon said bail forfeiture judgment shall be automatically stayed for ninety-one days from the date of entry of judgment; except that, if judgment is entered against a compensated surety upon the conclusion of a requested show cause hearing, and such hearing did not occur within thirty-five days after the entry of forfeiture, the judgment shall be automatically stayed as set forth in subparagraph (IV) of paragraph (b) of this subsection (5).
   4. Upon the expiration of the stay of execution described in paragraph (c) of this subsection (5), the bail forfeiture judgment shall be paid forthwith by the compensated surety, if not previously paid, unless the defendant appears in court, either voluntarily or in custody after surrender or arrest, or the court enters an order granting an additional stay of execution or otherwise vacates the judgment.
   5. If a bail forfeiture judgment is not paid on or before the expiration date of the stay of execution described in paragraph (c) of this subsection (5), the name of the bonding agent shall be placed on the board of the court that entered the judgment. The bonding agent shall be prohibited from executing any further bail bonds in this state until the judgment giving rise to placement on the board is satisfied, vacated, or otherwise discharged by order of the court.
   6. If a bail forfeiture judgment remains unpaid for thirty-five days after the name of the bonding agent is placed on the board, the court shall send notice by certified mail to the bail insurance company for whom the bonding agent has executed the bond that if said judgment is not paid within fourteen days after the date of mailing of said notice, the name of the bail insurance company shall be placed on the board and such company shall be prohibited from executing any further bail bonds in this state until the judgment giving rise to placement on the board is satisfied, vacated, or otherwise discharged by order of the court.
   7. A compensated surety shall be removed forthwith from the board only after every judgment for which the compensated surety was placed on the board is satisfied, vacated, or discharged or stayed by entry of an additional stay of execution. No compensated surety shall be placed on the board in the absence of the notice required by paragraph (b) or (f) of this subsection (5).
   8. The court may order that a bail forfeiture judgment be vacated and set aside or that execution thereon be stayed upon such conditions as the court may impose, if it appears that justice so requires.
   9. A compensated surety shall be exonerated from liability upon the bond by satisfaction of the bail forfeiture judgment, surrender of the defendant, or by order of the court. If the defendant appears in court, either voluntarily or in custody after surrender or arrest, within ninety-one days after the entry of judgment, the court, at the time the defendant first appears in court, shall on its own motion direct that the bail forfeiture judgment be vacated and the bond exonerated; except that, if the state extradites such defendant, all necessary and actual costs associated with such extradition shall be borne by the surety up to the amount of the bond.
   10. If, within one year after payment of the bail forfeiture judgment, the compensated surety effects the apprehension or surrender of the defendant and provides reasonable notice to the court to which the bond returns that the defendant is available for extradition, the court shall vacate the judgment and order a remission of the amount paid on the bond less any necessary and actual costs incurred by the state and the sheriff who has actually extradited the defendant.
   11. Bail bonds shall be deemed valid notwithstanding the fact that a bond may have been written by a compensated surety who has been placed on the board pursuant to paragraph (e) or (f) of this subsection (5) and is otherwise prohibited from writing bail bonds. The ineligibility of a compensated surety to write bonds because the name of the compensated surety has been placed on the board pursuant to paragraph (e) or (f) of this subsection (5) shall not be a defense to liability on any appearance bond accepted by a court.
   12. The automatic stay of execution upon a bail forfeiture judgment as described in paragraph (c) of this subsection (5) shall expire pursuant to its terms unless the defendant appears and surrenders to the court having jurisdiction or satisfies the court that appearance and surrender by the defendant was impossible and without fault by such defendant. The court may order that a forfeiture be set aside and judgment vacated as set forth in paragraph (h) of this subsection (5).
6. A bail insurance company shall not write bail bonds unless through a licensed bail bonding agent.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 835, § 2, effective May 11. L. 2017: (5)(b)(VI) and (5)(b)(VII) added, (HB 17-1369), ch. 379, p. 1950, § 3, effective June 6.

Cross references: For the short title ("Bond Surety Protection Act") in HB 17-1369, see section 1 of chapter 379, Session Laws of Colorado 2017.

16-4-115. Severability.

If any provision of this part 1 or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this part 1 that can be given effect without the invalid provision or application, and to this end the provisions of this part 1 are declared to be severable.

Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 839, § 2, effective May 11.

16-4-201. Bail after conviction.

1. 1. 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.
   2. The district attorney must be present at the time the court passes on a defendant's motion for release on bail after conviction.
   3. 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.
   4. 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.

16-4-201.5. Right to bail after a conviction - exceptions.

1. The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by this part 2; except that no bail is allowed for persons convicted of:
   1. Murder;
   2. Any felony sexual assault involving the use of a deadly weapon;
   3. Any felony sexual assault committed against a child who is under fifteen years of age;
   4. A crime of violence, as defined in section 18-1.3-406, C.R.S.;
   5. Any felony during the commission of which the person used a firearm;
   6. A crime of possession of a weapon by a previous offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5);
   7. Child abuse, as described in section 18-6-401 (7)(a)(I), C.R.S.;
   8. A class 5 felony act of domestic violence, as described in section 18-6-801 (7);
   9. A second or subsequent offense for stalking that occurs within seven years after the date of a prior offense for which the person was convicted, as described in section 18-3-602 (3)(b); or
   10. Stalking when there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect that protected the victim from the person, including but not limited to stalking, as described in section 18-3-602 (5).
2. The court shall not set bail that is otherwise allowed pursuant to subsection (1) of this section unless the court finds that:
   1. The person is unlikely to flee and does not pose a danger to the safety of any person or the community; and
   2. The appeal is not frivolous or is not pursued for the purpose of delay.
3. The provisions of this section shall apply to offenses committed on or after January 1, 1995.

Source: L. 99: Entire section added, p. 57, § 8, effective March 15. L. 2000: (1) amended, p. 635, § 6, effective July 1. L. 2002: (1)(d) amended, p. 1490, § 132, effective October 1. L. 2007: (1)(e) and (1)(f) amended and (1)(g) added, p. 1686, § 2, effective July 1. L. 2017: (1)(f) amended and (1)(h), (1)(i), and (1)(j) added, (HB 17-1150), ch. 182, p. 665, § 1, effective August 9.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1)(d), see section 1 of chapter 318, Session Laws of Colorado 2002.

16-4-202. Appeal bond hearing - factors to be considered.

1. The court shall consider the following factors in deciding whether or not an appeal bond should be granted and determining the type of bond and conditions of release required:
   1. The nature and circumstances of the offense before the court and the sentence imposed for that offense;
   2. The defendant's length of residence in the community;
   3. The defendant's employment, family ties, character, reputation, and mental condition;
   4. The defendant's past criminal record and record of appearance at court proceedings;
   5. Any showing of intimidation or harassment of witnesses or potential witnesses, or likelihood that the defendant will harm or threaten any person having a part in the trial resulting in conviction;
   6. Any other criminal charges pending against the defendant and the potential sentences should the defendant be convicted of those charges;
   7. The circumstances of, and sentences imposed in, any criminal case in which the defendant has been convicted but execution stayed pending appeal;
   8. The likelihood that the defendant will commit additional criminal offenses during the pendency of such defendant's appeal; and
   9. The defendant's likelihood of success on appeal.

Source: L. 72: R&RE, p. 209, § 1. C.R.S. 1963: § 39-4-202. L. 93: Entire section amended, p. 1726, § 3, effective July 1. L. 2013: IP(1) amended, (HB 13-1236), ch. 202, p. 840, § 4, effective May 11.

16-4-203. Appeal bond hearing - order.

1. After considering the factors set forth in section 16-4-202, the court may enter one of the following orders:
   1. Deny the defendant appeal bond; or
   2. Repealed.
   3. Grant the defendant appeal bond.
2. If the court determines that an appeal bond should be granted, the court shall set the amount of bail and order either:
   1. An appeal bond in the amount of the bail to be executed and secured by depositing cash or property as provided by statute or by an approved surety or sureties; or
   2. An appeal bond in the amount of the bail to be executed on the personal recognizance of the defendant.

   (2.5) If the court determines that an appeal bond should be granted, the court shall provide as an explicit condition of the appeal bond that the defendant not harass, molest, intimidate, retaliate against, or tamper with the victim of or any prosecution witnesses to the crime, unless the court makes written findings that such condition is not necessary.

3. In addition to the above, the court may:
   1. Place the defendant in the custody of the probation department or a designated person who agrees to supervise him;
   2. Place restrictions on the travel, activities, associations, or place of abode of the defendant during the pendency of the appeal;
   3. Impose any other condition deemed necessary to assure defendant's appearance as required.
4. Upon written motion of the state or the defendant, the sentencing court may increase or reduce the amount of appeal bond, alter the security for or conditions of the appeal bond, or revoke the appeal bond. Notice of hearing on the motion shall be given in the manner provided in section 16-4-107.
5. If the defendant has been charged with committing another felony, level 1 drug misdemeanor, or class 1 misdemeanor while he or she is at liberty on an appeal bond, and probable cause has been found with respect to such other felony, level 1 drug misdemeanor, or class 1 misdemeanor or the defendant has waived his or her right to a probable cause determination as to the felony, level 1 drug misdemeanor, or class 1 misdemeanor, the court shall revoke his or her appeal bond on motion of the attorney general or district attorney.

Source: L. 72: R&RE, p. 210, § 1. C.R.S. 1963: § 39-4-203. L. 82: (1)(a) amended and (1)(b) repealed, p. 307, §§ 1, 2, effective March 17. L. 94: (2.5) added, p. 2022, § 1, effective June 3. L. 2013: (5) amended, (SB 13-250), ch. 333, p. 1928, § 37, effective October 1.

16-4-204. Appellate review of terms and conditions of bail or appeal bond.

1. After entry of an order pursuant to section 16-4-109 or 16-4-201, the defendant or the state may seek review of said order by filing a petition for review in the appellate court. If an order has been entered pursuant to section 16-4-104, 16-4-109, or 16-4-201, the petition shall be the exclusive method of appellate review.
2. The petition shall be in writing, shall be served as provided by court rule for service of motions, and shall have appended thereto a transcript of the hearing held pursuant to section 16-4-109 or 16-4-203. The opposing party may file a response thereto within seven days or as provided by court rule.
3. After review, the appellate court may:
   1. Remand the petition for further hearing if it determines that the record does not disclose the findings upon which the court entered the order; or
   2. Order the trial court to modify the terms and conditions of bail or appeal bond; or
   3. Order the trial court to modify the terms and conditions of bail or appeal bond and remand for further hearing on additional conditions of bail or appeal bond; or
   4. Dismiss the petition.
4. Nothing contained in this section shall be construed to deny any party the rights secured by section 21 of article II of the Colorado constitution.

Source: L. 72: R&RE, p. 211, § 1. C.R.S. 1963: § 39-4-204. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 848, § 69, effective July 1. L. 2016: (1) and (2) amended, (SB 16-189), ch. 210, p. 759, § 26, effective June 6.

16-4-205. When appellate court may fix appeal bond.

If a trial court fails or refuses to grant or deny an appeal bond within forty-eight hours following application for such bond, the defendant may move the appellate court for such an order, and that court shall promptly hear and rule upon the motion.

Source: L. 72: R&RE, p. 211, § 1. C.R.S. 1963: § 39-4-205.

16-4-206. Notification of court reminder program.

A person released on bond pursuant to this part 2 who is ordered to appear in a court that participates in the court reminder program established in section 13-3-101 (14)(a)(I), and any person otherwise ordered to appear in a court that participates in the program, must be notified that the person can elect to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures, and must be provided the opportunity to provide a mobile telephone number or update a mobile telephone number for that purpose.

Source: L. 2019: Entire section added, (SB 19-036), ch. 293, p. 2687, § 4, effective August 2.

16-4-301. Short title.

This part 3 shall be known and may be cited as the "Uniform Rendition of Accused Persons Act", and shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Source: L. 72: R&RE, p. 213, § 1. C.R.S. 1963: § 39-4-304.

16-4-302. Arrest of person illegally in state.

1. If a person who has been charged with crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his release, and is present in this state, a designated agent of the court, judge, or magistrate who authorized the release may request the issuance of a warrant for the arrest of the person and an order authorizing his return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent shall file with the judge of a court of record of this state the following documents:
   1. An affidavit stating the name and whereabouts of the person whose return is sought, the crime with which the person was charged, the time and place of the crime charged, and the status of the proceedings against him; and
   2. A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and
   3. A certified copy of an order of the demanding judge, court, or magistrate stating the manner in which the terms and conditions of the release have been violated and designating the affiant its agent for seeking the return of the person.
2. Upon initially determining that the affiant is a designated agent of the demanding judge, court, or magistrate, and that there is probable cause for believing that the person whose return is sought has violated the terms and conditions of his release, the judge of this state shall issue a warrant to a peace officer of this state for the person's arrest.
3. The judge of this state shall notify the district attorney of his action and shall direct him to investigate the case and to ascertain the validity of the affidavits and documents required by subsection (1) of this section and the identity and authority of the affiant.

Source: L. 72: R&RE, p. 211, § 1. C.R.S. 1963: § 39-4-301.

16-4-303. Hearing and right to counsel.

1. The person whose return is sought shall be brought before the judge of this state immediately upon arrest pursuant to the warrant; whereupon the judge shall set a time and place for hearing and shall advise the person of his right to have the assistance of counsel, to confront the witnesses against him, and to produce evidence in his own behalf at the hearing.
2. The person whose return is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the judge shall issue an order pursuant to section 16-4-304.
3. The judge may impose conditions of release authorized by the laws of this state which will reasonably assure the appearance at the hearing of the person whose return is sought.

Source: L. 72: R&RE, p. 212, § 1. C.R.S. 1963: § 39-4-302.

16-4-304. Order of return to demanding court.

The district attorney shall appear at the hearing and report to the judge the results of his investigation. If the judge finds that the affiant is a designated agent of the demanding court, judge, or magistrate, and that the person whose return is sought was released from custody by the demanding court, judge, or magistrate, and that the person has violated the terms or conditions of his release, the judge shall issue an order authorizing the return of the person to the custody of the demanding court, judge, or magistrate forthwith.

Source: L. 72: R&RE, p. 212, § 1. C.R.S. 1963: § 39-4-303.

16-5-101. Commencement of prosecution.

1. Unless otherwise provided by law, a criminal action for violation of any statute may be commenced in one of the following ways:
   1. By the return of an indictment by a grand jury;
   2. By the filing of an information in the district court;
   3. By the filing of a felony complaint in the county court;
   4. Prosecution of a misdemeanor or petty offense may be commenced in the county court by:
      1. The issuance of a summons and complaint;
      2. The issuance of a summons following the filing of a complaint;
      3. The filing of a complaint following an arrest; or
      4. The filing of a summons and complaint following arrest; or, in the event that the offense is a class 2 petty offense, by the issuance of a notice of penalty assessment pursuant to section 16-2-201.
2. The procedures governing felony complaints filed in the county court and warrants or summons issued in connection therewith shall be in accordance with and as required by the applicable provisions of the rules of criminal procedure promulgated by the supreme court of Colorado.
3. Where the offense charged is a misdemeanor or petty offense, the action may be commenced in the county court as provided in subsection (1)(d) of this section, and the issues shall then be tried in the county court. As to misdemeanors or petty offenses thus filed and tried in the county court, the simplified procedures enumerated in part 1 of article 2 of this title shall be applicable.

Source: L. 72: R&RE, p. 213, § 1. C.R.S. 1963: § 39-5-101.

16-5-102. Summons to corporate defendant.

1. When a corporation is charged with the commission of an offense, the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before the court at a certain time and place.
2. The summons for the appearance of a corporation may be served by a peace officer in the manner provided for service of summons upon a corporation in a civil action.

Source: L. 72: R&RE, p. 213, § 1. C.R.S. 1963: § 39-5-102.

16-5-103. Identity theft victims - definitions.

1. A person whose identifying information has been mistakenly associated with an arrest, summons, summons and complaint, felony complaint, information, indictment, or conviction is a victim of identity theft for the purposes of this section. A victim of identify theft may proceed either through the judicial process in subsection (2) of this section or the Colorado bureau of investigation process in subsection (3) of this section.
2. 1. If a criminal charge is not pending, a victim of identity theft may, with notice to the prosecutor, petition the court with jurisdiction over the arrest, summons, summons and complaint, felony complaint, information, indictment, or conviction to judicially determine the person's factual innocence. Alternatively, the court, on its own motion, may make such a determination in the case. If a criminal charge is pending, the prosecuting attorney may request the court to make such a determination. A judicial determination of factual innocence made pursuant to this section may be determined, with or without a hearing, upon declarations, affidavits, or police reports or upon any other relevant, material, reliable information submitted by the parties and records of the court.
   2. If the court determines that there is no reasonable cause to believe that a victim of identity theft committed the offense for which the victim's identity has been mistakenly associated with an arrest, summons, summons and complaint, felony complaint, information, indictment, or conviction, the court shall find the victim factually innocent of that offense. If the victim is found factually innocent, the court shall issue an order certifying this determination.
   3. After the court has determined that a person is factually innocent, the court shall provide the Colorado bureau of investigation with the order of factual innocence. Upon receipt of the order of factual innocence, the Colorado bureau of investigation shall modify the victim of identity theft's law enforcement-only and public criminal history record accordingly.
   4. A court that issues a determination of factual innocence pursuant to this section may at any time vacate that determination if the petition, or information submitted in support of the petition, contains material misrepresentation or fraud. If the court vacates a determination of factual innocence, the court shall issue an order rescinding any orders made pursuant to this subsection (2).
   1. (2.5) (a) A person who has had his or her identity stolen or used that is not associated with an arrest, summons, summons and complaint, felony complaint, information, indictment, or conviction may petition the district court in the county where the person lives for an order of factual innocence. A judicial determination of factual innocence made pursuant to this section may be determined, with or without a hearing, upon declarations, affidavits, or any other relevant, material, reliable information submitted by the parties and records of the court.
   2. If the court finds that the person's identity was stolen or used by another, the court shall issue an order certifying this determination.
   3. A court that issues a determination of factual innocence pursuant to this subsection (2.5) may at any time vacate that determination if the petition, or information submitted in support of the petition, contains material misrepresentation or fraud. If the court vacates a determination of factual innocence, the court shall issue an order rescinding any orders made pursuant to this subsection (2.5).
3. 1. A victim of identity theft may contact the Colorado bureau of investigation and submit a records challenge to one or more criminal charges the victim of identity theft is alleged to have committed. The victim of identity theft shall include a copy of his or her fingerprints with the records challenge.
   2. 1. A Colorado bureau of investigation fingerprint examiner shall compare the submitted fingerprints in the records challenge to the fingerprints obtained in each criminal case that the victim of identity theft is making a records challenge.
      2. The fingerprint examiner shall determine either that the fingerprints submitted in the records challenge are not the same as the individual arrested or that they are the same as the individual arrested.
      3. If the fingerprint examiner determines the fingerprints submitted in the fingerprint challenge are not the same as the individual arrested, the Colorado bureau of investigation shall issue a letter of misidentification and shall modify the victim of identity theft's law enforcement-only and public criminal history record accordingly. The letter of misidentification shall state the holder of the letter is a victim of identity theft in each criminal case identified by the letter.
4. A person who knows or reasonably suspects that his or her identifying information has been unlawfully used by another person may initiate a law enforcement investigation by contacting the local law enforcement agency that has jurisdiction over the victim's residence or over the place where a crime was committed. Such agency shall take a police report of the matter, provide the complainant with a copy of that report, and begin an investigation of the facts. If the suspected crime was committed in a different jurisdiction, the local law enforcement agency may refer the matter to the local law enforcement agency where the suspected crime was committed for investigation of the facts.
5. For the purposes of this section:
   1. "Biometric data" means data, such as fingerprints, voice prints, or retina and iris prints that capture, represent, or enable the reproduction of the unique physical attributes of an individual.
   2. "Identifying information" means information that, alone or in conjunction with other information, identifies an individual, including but not limited to such individual's:
      1. Name;
      2. Address;
      3. Birth date;
      4. Telephone, social security, taxpayer identification, driver's license, identification card, alien registration, government passport, or checking, savings, or deposit account number;
      5. Biometric data;
      6. Unique electronic identification device; and
      7. Telecommunication identifying device.
   3. "Telecommunication identifying device" means a number, code, or magnetic or electronic device that enables the holder to use telecommunications technology to access an account; obtain money, goods, or services; or transfer funds.

Source: L. 2004: Entire section added, p. 1736, § 2, effective July 1. L. 2013: Entire section amended, (HB 13-1146), ch. 43, p. 116, § 1, effective March 15.

16-5-201. Indictments - allegations - form.

Every indictment or accusation of the grand jury shall be deemed sufficient technically and correct which states the offense in the terms and language of the statute defining it, including either conjunctive or disjunctive clauses, or so plainly that the nature of the offense may be easily understood by the jury. Pleading in either the conjunctive or the disjunctive shall place a defendant on notice that the prosecution may rely on any or all of the alternatives alleged. The commencement of the indictment shall be in substance as follows:

STATE OF COLORADO ) ) ss. County of.................................................) Of the ........ term of the ........ court, in the year ........ . The grand jurors chosen, selected, and sworn, in and for the county of .........., in the name and by the authority of the people of the state of Colorado, upon their oaths, present. (Here insert the offense, the name of the person charged, and the time and place of committing the same, with reasonable certainty.) Every indictment shall be signed by the foreman of the grand jury returning it and by the prosecuting attorney, his or her assistant, or his or her deputy.

Source: L. 72: R&RE, p. 214, § 1. C.R.S. 1963: § 39-5-201. L. 2003: Entire section amended, p. 972, § 1, effective April 17.

16-5-202. Requisites of information - form.

1. The information is sufficient if it can be understood therefrom:
   1. That it is presented by the person authorized by law to prosecute the offense;
   2. That the defendant is identified therein, either by name or by the defendant's patterned chemical structure of genetic information, or described as a person whose name is unknown to the informant;
   3. That the offense was committed within the jurisdiction of the court or is triable therein;
   4. That the offense charged is set forth with such degree of certainty that the court may pronounce judgment upon a conviction.
2. The information may be in the following form:
3. An information may be filed using the language of the statute defining the offense, including either conjunctive or disjunctive clauses. Pleading in either the conjunctive or the disjunctive shall place a defendant on notice that the prosecution may rely on any or all of the alternatives alleged.
4. A court shall not refuse to accept a complaint or information that contains the requirements of this section.

STATE OF COLORADO ) ) ss. County of.................................................) In the ........ Court ........ The People of the State of Colorado, against ........ A ........ B ........ C ........ D ........, district attorney within and for the .......... judicial district of the state of Colorado, in the county of .......... in the state aforesaid, in the name and by the authority of the people of the state of Colorado, informs the court that A ........ B ........ on the ........ day of ......... A.D. 20 ...., at the said county of .........., did (here state the offense) against the peace and dignity of the people of the state of Colorado. C ............................................. D ............................................ District Attorney. or C ....................... D ......................, District Attorney, by H ...................... M ......................, Deputy.

Source: L. 72: R&RE, p. 214, § 1. C.R.S. 1963: § 39-5-202. L. 2000: (1) amended, p. 454, § 13, effective April 24. L. 2003: (3) and (4) added, p. 972, § 2, effective April 17.

16-5-203. Furnishing witnesses' names.

Whether a prosecution is commenced by indictment, information, or felony complaint, the district attorney shall make available to the defendant not later than twenty-one days after the defendant's first appearance at the time of or following the filing of charges a written list of the names and addresses of the witnesses then known to the district attorney whom he or she intends to call upon at trial. The district attorney shall also furnish the defendant in writing prior to trial the names and addresses of any additional witnesses who have become known to him or her prior to trial and whom he or she intends to call upon at trial, but this shall not preclude the calling of witnesses whose names or the materiality of whose testimony are first learned by the district attorney upon the trial. However, the court may, in its discretion, enter an order that denies the disclosure to the defendant of the names and addresses of witnesses, or that requires the defense counsel not to disclose such information to the defendant, subject to rule 16 part I (d)(2) and part III (d) of the Colorado rules of criminal procedure. The names and addresses of witnesses who are the subject of the order may be withheld pending a ruling of the court, but the prosecution shall notify the defense counsel in writing that a motion to withhold witness information has been filed and that such information will be withheld pending the court's order. Where the defendant has not had or waived a preliminary hearing, there shall be filed with the information the affidavit of some credible person verifying the information upon the personal knowledge of the affiant that the offense was committed.

Source: L. 72: R&RE, p. 215, § 1. C.R.S. 1963: § 39-5-203. L. 90: Entire section amended, p. 985, § 5, effective April 24. L. 95: Entire section amended, p. 464, § 8, effective July 1. L. 96: Entire section amended, p. 737, § 10, effective July 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 848, § 70, effective July 1.

16-5-204. Witnesses before a grand jury - procedure.

1. 1. Whenever a witness in any proceeding before any grand jury refuses, without just cause shown, to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording, or other material, the prosecuting attorney may submit an application to the court for an order directing the witness to show why the witness should not be held in contempt. After submission of such application and a hearing at which the witness may be represented by counsel, the court may, if the court finds that such refusal was without just cause, hold the witness in contempt and order the witness to be confined. Such confinement shall continue until such time as the witness is willing to give such testimony or provide such information; however, the court may release the witness from confinement if the court determines that further confinement will not cause the witness to give such testimony or provide such information. No period of such confinement shall exceed the term of the grand jury, including extensions, before which such refusal to comply with the court order occurred, and in no event shall such confinement exceed six months.
   2. If a witness has been confined in accordance with paragraph (a) of this subsection (1), he or she may, upon petition filed with the court, request a hearing to be held within fourteen days to review the contempt order at which hearing he or she shall have the right to be represented by counsel. The court, at the hearing, may rescind, modify, or affirm the order.
   3. In any proceeding conducted under this section, counsel may be appointed for a person financially unable to obtain adequate assistance.
   1. (1.5) (a) Upon verified application of the prosecuting attorney stating that a witness was lawfully served with a subpoena to appear and testify before the grand jury and that the witness failed to appear in accordance with such subpoena, the court shall issue a warrant commanding any peace officer to bring the witness without unnecessary delay before the court for a hearing on the matters set forth in the application and to determine whether the witness should be held in contempt pursuant to subsection (1) of this section.
   2. Upon issuance of the warrant, the court may fix an appropriate bond and direct, as a condition of the bond, that the witness appear on a date and at a time certain for the hearing.
2. No person who has been imprisoned or fined by a court for refusal to testify or provide other information concerning any criminal incident or incidents in any proceeding before a grand jury impaneled before any district court shall again be imprisoned or fined for a subsequent refusal to testify or provide other information concerning the same criminal incident or incidents before any grand jury.
3. Upon impanelment of each grand jury, the court shall give to such grand jury adequate and reasonable written notice of and shall assure that the grand jury reasonably understands the nature of:
   1. Its duty to inquire into offenses against the criminal laws of the state of Colorado alleged to have been committed;
   2. Its right to call and interrogate witnesses;
   3. Its right to request the production of documents or other evidence;
   4. The subject matter of the investigation and the criminal statutes or other statutes involved, if these are known at the time the grand jury is impaneled;
   5. The duty of the grand jury by an affirmative vote of nine or more members of the grand jury to determine, based on the evidence presented before it, whether or not there is probable cause for finding indictments and to determine the violations to be included in any such indictments; and
   6. The requirement that the grand jury may not find an indictment in cases of perjury unless at least two witnesses to the same fact present evidence establishing probable cause to find such an indictment.
4. 1. At the option of the prosecuting attorney, a grand jury subpoena may contain an advisement of rights. If the prosecuting attorney determines that an advisement is necessary, the grand jury subpoena shall contain the following advisement prominently displayed on the front of the subpoena:
      1. You have the right to retain an attorney to represent you and to advise you regarding your grand jury appearance.
      2. Anything you say to the grand jury may be used against you in a court of law.
      3. You have the right to refuse to answer questions if you feel the answers would tend to incriminate you or to implicate you in any illegal activity.
      4. If you cannot afford or obtain an attorney, you may request the court to appoint an attorney to consult with or represent you.
   2. Any witness who is not advised of his rights pursuant to paragraph (a) of this subsection (4) shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he testifies or any evidence he produces, nor shall any such testimony or evidence be used as evidence in any criminal proceeding, except for perjury, against him in any court.
   3. Repealed.
   4. Any witness subpoenaed to appear and testify before a grand jury or to produce books, papers, documents, or other objects before such grand jury shall be entitled to assistance of counsel during any time that such witness is being questioned in the presence of such grand jury, and counsel may be present in the grand jury room with his client during such questioning. However, counsel for the witness shall be permitted only to counsel with the witness and shall not make objections, arguments, or address the grand jury. Such counsel may be retained by the witness or may, for any person financially unable to obtain adequate assistance, be appointed in the same manner as if that person were eligible for appointed counsel. An attorney present in the grand jury room shall take an oath of secrecy. If the court, at an in camera hearing, determines that counsel was disruptive, then the court may order counsel to remain outside the courtroom when advising his client. No attorney shall be permitted to provide counsel in the grand jury room to more than one witness in the same criminal investigation, except with the permission of the grand jury.
   5. Once a grand jury has returned a no true bill based upon a transaction, set of transactions, event, or events, a grand jury inquiry into the same transaction or events shall not be initiated unless the court finds, upon a proper showing by the prosecuting attorney, that the prosecuting attorney has discovered additional evidence relevant to such inquiry.
   6. An authorized reporter shall be present at all grand jury sessions. All grand jury proceedings and testimony from commencement to adjournment shall be reported. The reporter's notes and any transcripts which may be prepared shall be preserved, sealed, and filed with the court. No release or destruction of the notes or transcripts shall occur without prior court approval.
   7. Upon application by the prosecutor, or by any witness after notice to the prosecutor, the court, for good cause, may enter an order to furnish to that witness a transcript of his own grand jury testimony, or minutes, reports, or exhibits relating to them.
   8. Any witness summoned to testify before a grand jury, or an attorney for such witness with the witness's written approval, shall be entitled, prior to testifying, to examine and copy at the witness's expense any statement in the possession of the prosecuting attorney or the grand jury which such witness has made to any law enforcement or prosecution official or under an oath required by law that relates to the subject matter under inquiry by the grand jury. If a witness is proceeding in forma pauperis, he shall be furnished, upon request, a copy of such transcript and shall not pay a fee.
   9. No person subpoenaed to testify or to produce books, papers, documents, or other objects in any proceeding before any grand jury shall be required to testify or to produce such objects, or be confined as provided in this section, for his failure to so testify or produce such objects if, upon filing a motion and upon an evidentiary hearing before the court which issued such subpoena or a court having jurisdiction under this section, the court finds that:
      1. A primary purpose or effect of requiring such person to so testify or to produce such objects before the grand jury is or will be to secure testimony for trial for which the defendant has already been charged by information, indictment, or criminal complaint;
      2. Compliance with a subpoena would be unreasonable or oppressive;
      3. A primary purpose of the issuance of the subpoena is to harass the witness;
      4. The witness has already been confined, imprisoned, or fined under this section for his refusal to testify before any grand jury investigating the same transaction, set of transactions, event, or events; or
      5. The witness has not been advised of his rights as specified in paragraph (a) of this subsection (4).
   10. Any grand jury may indict a person for an offense when the evidence before such grand jury provides probable cause to believe that such person committed such offense.
   11. The district court before which the indicted defendant is to be tried shall dismiss any indictment of the grand jury if such district court finds, upon the filing of a motion by the indicted defendant based upon the grand jury record without argument or further evidence, that the grand jury finding of probable cause is not supported by the record.
   12. Any person may approach the prosecuting attorney or the grand jury and request to testify or retestify in an inquiry before a grand jury or to appear before a grand jury. The prosecuting attorney or the grand jury shall keep a record of all denials of such requests to that prosecuting attorney or grand jury, including the reasons for not allowing such person to testify or appear. If the person making such request is dissatisfied with the decision of the prosecuting attorney or the grand jury, such person may petition the court for hearing on the denial by the prosecuting attorney or the grand jury. If the court grants the hearing, then the court may permit the person to testify or appear before the grand jury, if the court finds that such testimony or appearance would serve the interests of justice.
   13. The foreman, or acting foreman when designated by the court, of the grand jury may swear or affirm all witnesses who come before the grand jury.
   14. Any other motions testing the validity of the indictment may be heard by the court based only on the record and argument of counsel, unless there is cause shown for the need for additional evidence.

NOTICE

Source: L. 72: R&RE, p. 215, § 1. C.R.S. 1963: § 39-5-204. L. 77: Entire section R&RE, p. 853, § 1, effective June 21. L. 81: (4)(c) repealed, p. 926, § 2, effective July 1. L. 82: (4)(f) amended, p. 623, § 15, effective April 2. L. 2000: (4)(h) amended, p. 428, § 1, effective April 14. L. 2002: (1.5) added, p. 759, § 6, effective July 1. L. 2012: (4)(a) amended, (HB-1310), ch. 268, p. 1393, § 6, effective June 7; (1)(b) amended, (SB 12-175), ch. 208, p. 849, § 71, effective July 1.

16-5-205. Informations - authority to file - indictments - warrants and summons.

1. The prosecuting attorney may file an information in the court having jurisdiction over the offense charged, alleging that a person committed the criminal offense described therein. The court shall enter an order fixing the amount of bail, if the offense is bailable, and the amount of bail shall be endorsed upon any warrant issued for the arrest of the alleged offender. When a summons is issued instead of a warrant, no bail shall be fixed; except that, when a person is charged with an offense pursuant to section 42-2-138 (1)(d) or 42-4-1301 (1) or (2)(a), C.R.S., the court may enter an order fixing the amount of bail even if a summons is issued.
2. Upon the return of an indictment by a grand jury, or the filing of an information, or the filing of a felony complaint in the county court, the prosecuting attorney shall request the court to order that a warrant shall issue for the arrest of the defendant, or that a summons shall issue and be served upon the defendant. If a warrant is requested upon an information or a felony complaint, the information or felony complaint must contain, or be accompanied by, a sworn written statement of facts establishing probable cause to believe that the criminal offense was committed as alleged by the person for whom the warrant is sought. In lieu of such sworn statement, the information or felony complaint may be supplemented by sworn testimony of such facts. Such testimony must be transcribed and then signed under oath by the witness giving the testimony.
3. Except as otherwise provided in this article, any information, indictment, felony complaint, warrant, or summons shall comply with the requirements of applicable rules of criminal procedure adopted by the supreme court of Colorado. Any procedures connected with service of summons, the arrest and detention of an alleged offender upon a warrant, and the duties of the arresting officer relating to the summons or arrest, not specifically set forth in this code, shall be as provided by the applicable rules of criminal procedure adopted by the supreme court of Colorado.
4. Repealed.

Source: L. 72: R&RE, p. 215, § 1. C.R.S. 1963: § 39-5-205. L. 77: (4) added, p. 856, § 2, effective June 21. L. 89: (4) amended, p. 779, § 7, effective July 1. L. 91: (4) amended, p. 402, § 2, effective June 6. L. 97: (4) repealed, p. 315, § 2, effective October 1. L. 2008: (1) amended, p. 785, § 1, effective July 1.

16-5-205.5. Grand jury reports.

1. In any case in which a grand jury does not return an indictment, the grand jury may prepare or ask to be prepared a report of its findings if the grand jury determines that preparation and release of a report would be in the public interest, as described in subsection (5) of this section. The determination to prepare and release a report pursuant to this section must be made by an affirmative vote of at least the number of jurors that would have been required to return an indictment. The report shall be accompanied by certification that the grand jury has determined that release of the report is in the public interest, as described in subsection (5) of this section.
2. The provisions of this section shall not apply in any instance in which the prosecuting attorney chooses to file charges against the person or business that was the subject of the grand jury investigation.
3. Within fourteen days after receiving a report of the grand jury prepared pursuant to subsection (1) of this section, the prosecuting attorney shall notify in writing all persons and businesses named in the grand jury report to give such persons and businesses an opportunity to review the grand jury report and prepare a response to be submitted to the court with the grand jury report. Such notice shall be by personal service or by certified mail return receipt requested. Any responses shall be submitted to the prosecuting attorney within fourteen days after notification.
4. Upon completion of the time for submitting responses, the prosecuting attorney shall submit the grand jury report to the court, together with the certification of public interest and any responses that may have been submitted. The court shall examine the report and make an order accepting and filing the report, including the certification and any responses that the respondent, by written notice to the prosecuting attorney and the court, has agreed to release, as a public record only if the court is satisfied that:
   1. The grand jury and the prosecuting attorney were acting within the statutory jurisdiction of such persons in convening the grand jury; and
   2. The grand jury foreman and the prosecuting attorney have verified on the record that:
      1. The certification of public interest by the grand jury complies with the provisions of subsection (5) of this section; and
      2. The report is based on facts revealed in the course of the grand jury investigation and is supported by a preponderance of the evidence; and
      3. The report does not contain material the sole effect of which is to ridicule or abuse a person or business or to subject such person or business to public disgrace or embarrassment; and
      4. The report does not contain material that is personal in nature that does not relate to any lawful inquiry; and
      5. No confidentiality agreement will be violated and the identity of no confidential informant will be disclosed in making such grand jury report public; and
      6. The filing of such report as a public record does not prejudice the fair consideration of a criminal matter.
5. Release of a grand jury report pursuant to this section may be deemed to be in the public interest only if the report addresses one or more of the following:
   1. Allegations of the misuse or misapplication of public funds;
   2. Allegations of abuse of authority by a public servant, as defined in section 18-1-901 (3)(o), C.R.S., or a peace officer, as described in section 16-2.5-101;
   3. Allegations of misfeasance or malfeasance with regard to a governmental function, as defined in section 18-1-901 (3)(j), C.R.S.;
   4. Allegations of commission of a class 1, class 2, or class 3 felony.

Source: L. 97: Entire section added, p. 313, § 1, effective October 1. L. 2003: (5)(b) amended, p. 1614, § 8, effective August 6. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 849, § 72, effective July 1.

16-5-206. Summons in lieu of warrant.

1. Except in class 1, class 2, and class 3 felonies, level 1 and level 2 drug felonies, and in unclassified felonies punishable by a maximum penalty of more than ten years, if an indictment is returned or an information, felony complaint, or complaint has been filed prior to the arrest of the person named as defendant therein, the court has power to issue a summons commanding the appearance of the defendant in lieu of a warrant for his or her arrest unless a law enforcement officer presents in writing a basis to believe there is a significant risk of flight or that the victim or public safety may be compromised.
   1. (1.5) (a) Except in class 1, class 2, class 3, and class 4 felonies; in crimes described in section 24-4.1-302 (1), C.R.S.; and in unclassified felonies punishable by a maximum penalty of more than ten years, a law enforcement officer may issue a summons commanding the appearance of the defendant in lieu of a warrant for his or her arrest based on probable cause if:
      1. The local district attorney consents to such procedure and has developed and approved criteria for the issuance of such a summons pursuant to this subsection (1.5);
      2. There is a reasonable likelihood that the defendant will appear;
      3. The defendant has had no felony arrests during the preceding five years;
      4. There is no allegation that the defendant used a deadly weapon as defined in section 18-1-901 (3)(e), C.R.S., in the commission of the crime; and
      5. There are no outstanding warrants for the defendant's arrest.
   2. No later than ten days after a law enforcement officer issues a summons pursuant to this subsection (1.5), he or she shall deliver a copy to the court and to the office of the district attorney where jurisdiction lies.
   3. When the procedure described in this subsection (1.5) is used, an information or complaint may be filed in open court on the date specified in the summons.
2. If a summons is issued in lieu of a warrant under this section:
   1. It shall be in writing.
   2. It shall state the name of the person summoned and his address.
   3. It shall identify the nature of the offense.
   4. It shall state the date when issued and the county where issued.
   5. It shall be signed by the judge or clerk of the court with the title of his office or by the law enforcement officer who issued the summons.
   6. It shall command the person to appear before the court at a certain time and place.
   7. It shall advise the person summoned that the person can elect to provide a mobile telephone number that will solely be used to provide text message reminders of future court dates and unplanned court closures, and provide an opportunity for the person to provide a mobile telephone number for that purpose.
3. A summons issued under this section may be served in the same manner as the summons in a civil action or by mailing it to the defendant's last-known address by certified mail with return receipt requested not less than fourteen days prior to the time the defendant is requested to appear. Service by mail is complete upon the return of the receipt signed by the defendant.
4. If any person summoned under this section fails to appear as commanded by the summons, the court shall forthwith issue a warrant for his arrest.

Source: L. 72: R&RE, p. 216, § 1. C.R.S. 1963: § 39-5-206. L. 2009: (1) amended, (HB 09-1262), ch. 104, p. 381, § 1, effective August 5. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 849, § 73, effective July 1. L. 2013: (1) amended, (SB 13-250), ch. 333, p. 1928, § 38, effective October 1. L. 2016: (1.5) added and IP(2) and (2)(e) amended, (HB 16-1104), ch. 118, p. 337, § 1, effective August 10. L. 2019: (2)(g) added, (SB 19-036), ch. 293, p. 2687, § 5, effective July 1, 2020.

16-5-207. Standards and criteria relating to issuance of summons in lieu of warrant.

1. A summons shall be issued instead of a warrant in all petty offenses, class 3 misdemeanors, and all unclassified offenses which are punishable by a maximum penalty of six months' imprisonment or less, except in those cases where the court finds that:
   1. The defendant has previously failed to respond to a summons for an offense; or
   2. There is a substantial likelihood that the defendant will not respond to a summons; or
   3. The whereabouts of the defendant is unknown and the issuance of an arrest warrant is necessary in order to subject him to the jurisdiction of the court.
2. Except in class 1, class 2, and class 3 felonies or level 1 or level 2 drug felonies, the general policy shall favor issuance of a summons instead of a warrant for the arrest of the defendant except where there is reasonable ground to believe that, unless taken into custody, the defendant will flee to avoid prosecution or will fail to respond to a summons. The court shall issue a summons instead of an arrest warrant when the prosecuting attorney so requests. When an application is made to a court for issuance of an arrest warrant or summons, the court may require the applicant to provide such information as reasonably is available concerning the following:
   1. The defendant's residence;
   2. The defendant's employment;
   3. The defendant's family relationships;
   4. The defendant's past history of response to legal process; and
   5. The defendant's past criminal record.

Source: L. 72: R&RE, p. 216, § 1. C.R.S. 1963: § 39-5-207. L. 2013: IP(2) amended, (SB 13-250), ch. 333, p. 1928, § 39, effective October 1.

16-5-208. Information not filed - reasons.

In all cases where on preliminary hearing in the county court concerning the commission of a felony the accused is bound over and is committed to jail, or recognized and held to bail, it is the duty of the district attorney to file an information in the district court. If the district attorney determines in any such case that an information ought not to be filed, he or she shall file with the clerk of the district court having jurisdiction of the supposed offense a written statement containing his or her reasons, in fact and in law, for not filing an information in the case, and such statement shall be filed within sixty-three days following the date upon which the offender was held for appearance.

Source: L. 72: R&RE, p. 217, § 1. C.R.S. 1963: § 39-5-208. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 849, § 74, effective July 1.

16-5-209. Judge may require prosecution.

The judge of a court having jurisdiction of the alleged offense, upon affidavit filed with the judge alleging the commission of a crime and the unjustified refusal of the prosecuting attorney to prosecute any person for the crime, may require the prosecuting attorney to appear before the judge and explain the refusal. If after that proceeding, based on the competent evidence in the affidavit, the explanation of the prosecuting attorney, and any argument of the parties, the judge finds that the refusal of the prosecuting attorney to prosecute was arbitrary or capricious and without reasonable excuse, the judge may order the prosecuting attorney to file an information and prosecute the case or may appoint a special prosecutor to do so. The judge shall appoint the special prosecutor from among the full-time district attorneys, assistant district attorneys, or deputy district attorneys who serve in judicial districts other than where the appointment is made; except that, upon the written approval of the chief justice of the supreme court, the judge may appoint any disinterested private attorney who is licensed to practice law in the state of Colorado to serve as the special prosecutor. Any special prosecutor appointed pursuant to this section shall be compensated as provided in section 20-1-308, C.R.S.

Source: L. 72: R&RE, p. 217, § 1. C.R.S. 1963: § 39-5-209. L. 77: Entire section amended, p. 858, § 1, effective May 24. L. 2000: Entire section amended, p. 454, § 12, effective April 24.

16-5-301. Preliminary hearing or waiver - dispositional hearing.

1. 1. Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony by direct information or felony complaint has the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged in the information or felony complaint was committed by the defendant. In addition, only those persons accused of a class 4, 5, or 6 felony by direct information or felony complaint which felony requires mandatory sentencing or is a crime of violence as defined in section 18-1.3-406, C.R.S., or is a sexual offense under part 4 of article 3 of title 18, C.R.S., shall have the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged in the information or felony complaint was committed by the defendant. The procedure to be followed in asserting the right to a preliminary hearing and the time within which demand therefor must be made, as well as the time within which the hearing, if demanded, shall be had, shall be as provided by applicable rule of the supreme court of Colorado. A failure to observe and substantially comply with such rule shall be deemed a waiver of this right to a preliminary hearing.
   2. 1. No person accused of a class 4, 5, or 6 felony or level 3 or level 4 drug felony by direct information or felony complaint, except those which require mandatory sentencing or which are crimes of violence as defined in section 18-1.3-406, C.R.S., or which are sexual offenses under part 4 of article 3 of title 18, C.R.S., shall have the right to demand or receive a preliminary hearing; except that such person shall participate in a dispositional hearing for the purposes of case evaluation and potential resolution.
      2. Any defendant accused of a class 4, 5, or 6 felony or level 3 or level 4 drug felony who is not otherwise entitled to a preliminary hearing pursuant to subparagraph (I) of this paragraph (b), may demand and shall receive a preliminary hearing within a reasonable time pursuant to paragraph (a) of this subsection (1), if the defendant is in custody for the offense for which the preliminary hearing is requested; except that, upon motion of either party, the court shall vacate the preliminary hearing if there is a reasonable showing that the defendant has been released from custody prior to the preliminary hearing.
      3. The chief justice of the Colorado supreme court is encouraged to promulgate rules defining the term "dispositional hearing" for purposes of this paragraph (b), section 18-1-404 (2), C.R.S., and section 19-2-705 (1.5), C.R.S.
2. If a person is accused of an unlawful sexual offense classified as a felony, upon the request of any party to the proceeding, the court may exclude from the preliminary hearing any member of the general public. In making a ruling for exclusion, the court shall:
   1. Set forth sufficient findings of fact and conclusions of law to support the order; and
   2. Make its order sufficiently narrow to protect the requesting party's compelling interest considering any reasonable alternative to exclusion for the entire hearing of all members of the general public.
3. The court may exempt a victim's advocate from any order entered pursuant to subsection (2) of this section. For the purposes of this section, "victim's advocate" means any person whose regular or volunteer duties include the support of an alleged victim of physical or sexual abuse or assault.

Source: L. 72: R&RE, p. 217, § 1. C.R.S. 1963: § 39-5-301. L. 73: p. 499, § 3. L. 87: Entire section amended, p. 603, § 2, effective July 1. L. 92: Entire section amended, p. 321, § 1, effective July 1. L. 98: (1) amended, p. 1272, § 1, effective July 1. L. 2000: (1)(b)(II) amended, p. 454, § 11, effective April 24. L. 2002: (1)(a) and (1)(b)(I) amended, p. 1490, § 133, effective October 1. L. 2013: (1)(a) and (1)(b)(II) amended, (SB 13-250), ch. 333, p. 1929, § 40, effective October 1. L. 2014: (1)(b)(I) amended, (SB 14-163), ch. 391, p. 1979, § 23, effective June 6.

Cross references: For the legislative declaration contained in the 2002 act amending subsections (1)(a) and (1)(b)(I), see section 1 of chapter 318, Session Laws of Colorado 2002.

16-5-401. Limitation for commencing criminal proceedings and juvenile delinquency proceedings.

1. 1. Except as otherwise provided by statute applicable to specific offenses, delinquent acts, or circumstances, no adult person or juvenile shall be prosecuted, tried, or punished for any offense or delinquent act unless the indictment, information, complaint, or petition in delinquency is filed in a court of competent jurisdiction or a summons and complaint or penalty assessment notice is served upon the defendant or juvenile within the period of time after the commission of the offense or delinquent act as specified below:

      Murder, kidnapping, treason, any sex offense against a

      child, and any forgery regardless of the penalty provided:No limit

      Attempt, conspiracy, or solicitation to commit murder;

      attempt, conspiracy, or solicitation to commit kidnapping;

      attempt, conspiracy, or solicitation to commit treason;

      attempt, conspiracy, or solicitation to commit any sex

      offense against a child; and attempt, conspiracy, or

      solicitation to commit any forgery regardless of the

      penalty provided:No limit

      Vehicular homicide, except as described in paragraph

   2. of this subsection (1); leaving the scene of an

      accident that resulted in the death of a person:Five years

      Other felonies:Three years

      Misdemeanors:Eighteen months

      Class 1 and 2 misdemeanor traffic offenses:One year

      Petty offenses:Six months

   3. The period of time during which an adult person or juvenile may be prosecuted for the offense of vehicular homicide, as described in section 18-3-106, C.R.S., and leaving the scene of an accident that resulted in the death of a person, as described in section 42-4-1601 (2)(c), C.R.S., when both offenses are alleged to have occurred as part of the same criminal episode in the same indictment, information, complaint, or petition in delinquency filed in a court of competent jurisdiction is ten years.
   4. Repealed.
   5. For purposes of this section:
      1. "Delinquent act" has the same meaning as defined in section 19-1-103 (36), C.R.S.
      2. "Juvenile" means a child as defined in section 19-1-103 (18), C.R.S.
      3. "Petition in delinquency" means any petition filed by a district attorney pursuant to section 19-2-512, C.R.S.
      4. "Sex offense against a child" means any "unlawful sexual offense", as defined in section 18-3-411 (1), C.R.S., that is a felony.
   1. (1.5) (a) Except as otherwise provided in paragraph (b) of this subsection (1.5), the provisions of paragraph (a) of subsection (1) of this section concerning sex offenses against children shall apply to offenses and delinquent acts committed on or after July 1, 1996.
   2. The provisions of paragraph (a) of subsection (1) of this section concerning sex offenses against children shall apply to an offense or delinquent act committed before July 1, 1996, if the applicable statute of limitations, as it existed prior to July 1, 2006, has not yet run on July 1, 2006.
   3. It is the intent of the general assembly in enacting the provisions of paragraph (a) of subsection (1) of this section concerning sex offenses against children to apply an unlimited statute of limitations to sex offenses against children committed on or after July 1, 1996, and to sex offenses against children committed before July 1, 1996, for which the applicable statute of limitations in effect prior to July 1, 2006, has not yet run on July 1, 2006.
2. The time limitations imposed by this section shall be tolled if the adult offender or juvenile is absent from the state of Colorado, and the duration of such absence, not to exceed five years, shall be excluded from the computation of the time within which any complaint, information, indictment, or petition in delinquency must otherwise be filed or returned.
3. 1. The period within which a prosecution must be commenced does not include any period in which a prosecution is pending against the adult defendant or juvenile for the same conduct, even if the indictment, information, complaint, or petition in delinquency which commences the prosecution is quashed or the proceedings thereon are set aside or are reversed on appeal.
   2. The period within which a prosecution must be commenced does not include any period in which a prosecution is pending against the adult defendant or juvenile for the same conduct, even if filed in a court without jurisdiction, when based on a reasonable belief the court possesses jurisdiction.
4. When an offense or delinquent act is based on a series of acts performed at different times, the period of limitation prescribed by this code or by the "Colorado Securities Act", article 51 of title 11, C.R.S., starts at the time when the last act in the series of acts is committed.

   (4.5) The period within which a prosecution must be commenced begins to run upon discovery of the criminal act or the delinquent act for:

   1. Offenses relating to the "Uniform Commercial Code", pursuant to part 5 of article 5 of title 18, C.R.S.;
   2. Cybercrime, pursuant to article 5.5 of title 18;
   3. Theft, pursuant to section 18-4-401, C.R.S.;
   4. Theft of trade secrets, pursuant to section 18-4-408, C.R.S.;
   5. Defacing or destruction of written instruments, pursuant to section 18-4-507, C.R.S.;
   6. Criminal simulation, pursuant to section 18-5-110, C.R.S.;
   7. Obtaining signature by deception, pursuant to section 18-5-112, C.R.S.;
   8. Criminal impersonation, pursuant to section 18-5-113, C.R.S.;
   9. Offering a false instrument for recording, pursuant to section 18-5-114, C.R.S.;
   10. Dual contracts to induce loan, pursuant to section 18-5-208, C.R.S.;
   11. Issuing a false financial statement or obtaining a financial transaction device by false statements, pursuant to section 18-5-209, C.R.S.;
   12. Unlawful activity concerning the selling of land, pursuant to section 18-5-302, C.R.S.;
   13. Offenses relating to equity skimming, pursuant to part 8 of article 5 of title 18, C.R.S.;
   14. Offenses relating to identity theft, pursuant to part 9 of article 5 of title 18, C.R.S.;
   15. Offenses relating to bribery and corrupt influences, pursuant to part 3 of article 8 of title 18, C.R.S.;
   16. Offenses relating to abuse of public office, pursuant to part 4 of article 8 of title 18, C.R.S.;
   17. Offenses relating to perjury, pursuant to part 5 of article 8 of title 18, C.R.S.;
   18. Offenses relating to the "Colorado Organized Crime Control Act", pursuant to article 17 of title 18, C.R.S.;
   19. Unlawful concealment of transactions, pursuant to section 11-107-105, C.R.S.;
   20. Embezzlement or misapplication of funds, pursuant to section 11-107-107, C.R.S.;
   21. Unlawful acts or omissions relating to financial institutions, pursuant to section 11-107-108, C.R.S.;
   22. Repealed.
   23. Criminal offenses relating to savings and loan associations, pursuant to section 11-41-127;
   24. Criminal offenses relating to securities fraud, pursuant to part 5 of article 51 of title 11;
   25. Insurance fraud, pursuant to section 18-5-211;
   26. Tampering with a deceased human body, pursuant to section 18-8-610.5;
   27. Abuse of a corpse, pursuant to section 18-13-101; and
   28. Criminal offenses relating to misuse of gametes, pursuant to section 18-13-131.
5. The period of time during which an adult person or juvenile may be prosecuted shall be extended for an additional three years as to any offense or delinquent act charged under sections 18-8-302, 18-8-303, 18-8-306, 18-8-307, 18-8-402, 18-8-406, 18-8-407, 39-21-118, and 39-22-621 (3), C.R.S.
6. Except as otherwise provided in paragraph (a) of subsection (1) of this section pertaining to sex offenses against children or felony sexual assault in violation of section 18-3-402, C.R.S., the period of time during which an adult person or juvenile may be prosecuted shall be extended for an additional seven years as to any offense or delinquent act charged under section 18-6-403, C.R.S., or charged as criminal attempt, conspiracy, or solicitation to commit any of the acts specified in said sections.
7. When the victim at the time of the commission of the offense or delinquent act is a child under fifteen years of age, the period of time during which an adult person or juvenile may be prosecuted shall be extended for an additional three years and six months as to a misdemeanor charged under section 18-3-404, C.R.S., or criminal attempt, conspiracy, or solicitation to commit such a misdemeanor.
8. 1. Except as otherwise provided in paragraph (a) of subsection (1) of this section pertaining to sex offenses against children or felony sexual assault in violation of section 18-3-402, C.R.S., and except as otherwise provided in paragraphs (a.3) and (a.5) of this subsection (8), the period of time during which an adult person or juvenile may be prosecuted shall be ten years after the commission of the offense or delinquent act as to any offense or delinquent act:
      1. Charged under section 18-3-403, C.R.S., as said section existed prior to July 1, 2000, or section 18-6-403, C.R.S.;
      2. Charged as a felony under section 18-3-404, C.R.S.; or
      3. Charged as criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraphs (I) and (II) of this paragraph (a).
      4. As criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraph (II) of this paragraph (a.5).
   2. Except as otherwise provided in paragraph (a) of subsection (1) of this section concerning sex offenses against children or felony sexual assault in violation of section 18-3-402, C.R.S., if the victim at the time of the commission of an offense or delinquent act is a child under eighteen years of age, the period of time during which an adult person or juvenile may be prosecuted shall be ten years after such victim reaches the age of eighteen years as to any offense or delinquent act:

      (I) Charged as a felony under section 18-3-403, C.R.S., as said section existed prior to July 1, 2000, or section 18-3-404, C.R.S.; or

      (II) Charged as criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraph (I) of this paragraph (a.3).

   3. Except as otherwise provided in paragraph (a) of subsection (1) of this section concerning sex offenses against children or felony sexual assault in violation of section 18-3-402, C.R.S., in any case in which the identity of the defendant or juvenile is determined, in whole or in part, by patterned chemical structure of genetic information, and in which the offense has been reported to a law enforcement agency, as defined in section 26-1-114 (3)(a)(III)(B), C.R.S., within ten years after the commission of the offense, there shall be no limit on the period of time during which a person may be prosecuted after the commission of the offense as to any offense or delinquent act charged:

      (I) (Deleted by amendment, L. 2016.)

      (II) Under section 18-3-403, C.R.S., as said section existed prior to July 1, 2000; or

      (III) (Deleted by amendment, L. 2016.)

   4. 1. Except as otherwise provided in paragraph (a) of subsection (1) of this section pertaining to sex offenses against children and except as otherwise provided in paragraphs (a.3) and (a.5) of this subsection (8), the period of time during which an adult person or juvenile may be prosecuted shall be twenty years after the commission of the offense or delinquent act as to any offense or delinquent act charged as a felony under section 18-3-402, C.R.S., or as criminal attempt, conspiracy, or solicitation to commit a felony under section 18-3-402, C.R.S.
      2. Except as otherwise provided in paragraph (a) of subsection (1) of this section concerning sex offenses against children, if the victim at the time of the commission of an offense or delinquent act is a child under eighteen years of age, the period of time during which an adult person or juvenile may be prosecuted shall be twenty years after such victim reaches eighteen years of age as to any offense or delinquent act charged as a felony under section 18-3-402, C.R.S., or as criminal attempt, conspiracy, or solicitation to commit a felony under section 18-3-402, C.R.S.
      3. Except as otherwise provided in paragraph (a) of subsection (1) of this section concerning sex offenses against children, in any case in which the identity of the defendant or juvenile is determined, in whole or in part, by patterned chemical structure of genetic information, and in which the offense has been reported to a law enforcement agency, as defined in section 26-1-114 (3)(a)(III)(B), C.R.S., within twenty years after the commission of the offense, there shall be no limit on the period of time during which a person may be prosecuted after the commission of the offense:
         1. As to any offense or delinquent act charged as a felony under section 18-3-402, C.R.S.;
         2. Under any other criminal statute if the offense is a felony or would be a felony if committed by an adult and is based on the same act or series of acts arising from the same criminal episode as the offense or delinquent act charged as a felony under section 18-3-402, C.R.S.; except that this sub-subparagraph (B) does not apply if the court finds that there is no probable cause for the felony under section 18-3-402, C.R.S.; or
         3. As to criminal attempt, conspiracy, or solicitation to commit any of the offenses in this subparagraph (III).
   5. This subsection (8) shall apply to offenses and delinquent acts committed on or after July 1, 1984; except that subparagraph (III) of paragraph (a.5) of this subsection (8) applies to offenses and delinquent acts committed on or after July 1, 2011.
9. Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, the period of time during which an adult person or juvenile may be prosecuted shall be five years after the commission of the offense or delinquent act as to a misdemeanor charged under section 18-3-404, C.R.S., or criminal attempt, conspiracy, or solicitation to commit such a misdemeanor. This subsection (9) shall apply to offenses and delinquent acts committed on or after January 1, 1986.
10. Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, the period of time during which an adult person or juvenile may be prosecuted shall be three years after the date of the affected election as to a charge of any violation of any provision of the "Fair Campaign Practices Act", article 45 of title 1, C.R.S., or any criminal attempt, conspiracy, or solicitation to violate any provision of the "Fair Campaign Practices Act". This subsection (10) shall apply to offenses and delinquent acts committed on or after July 1, 1991.
11. Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, the period of time during which an adult person or juvenile may be prosecuted shall be three years after the discovery of the offense or delinquent act as to any offense or delinquent act charged under section 18-4-408, C.R.S. This subsection (11) shall apply to offenses and delinquent acts committed on or after July 1, 1998.
12. The applicable period of limitations specified in subsection (1) of this section shall not apply to charges of offenses or delinquent acts brought to facilitate the disposition of a case, or to lesser included or non-included charges of offenses or delinquent acts given to the court or a jury at a trial on the merits, by the accused.

Source: L. 72: R&RE, p. 218, § 1. C.R.S. 1963: § 39-5-401. L. 75: (5) added, p. 608, § 1, effective May 15. L. 81: (1) amended, p. 890, § 2, effective July 1; (5) amended, p. 1879, § 1, effective July 1. L. 82: (6) and (7) added, p. 314, § 2, effective July 1; (1)(b) amended, p. 655, § 4, effective January 1, 1983. L. 85: (1)(b) repealed, p. 1359, § 8, effective June 28; (6) amended, p. 616, § 5, effective July 1. L. 87: (1)(a) amended, p. 1495, § 4, effective July 1; (6) and (7) amended and (8) and (9) added, p. 618, § 1, effective July 1. L. 89: (1)(a) amended, p. 827, § 34, effective July 1. L. 90: (1)(a) amended, p. 985, § 6, effective April 24. L. 91: (10) added, p. 646, § 3, effective May 29; (1)(a) amended and (4.5) added, p. 403, § 3, effective June 6. L. 92: (4.5) amended, p. 400, § 7, effective June 3. L. 93: (6) and (8) amended, p. 1726, § 4, effective July 1. L. 94: (6) and (7) amended, p. 1049, § 3, effective July 1. L. 95: (2) amended, p. 462, § 1, effective July 1. L. 98: (4.5) amended and (11) added, p. 156, § 2, effective July 1; (10) amended, p. 819, § 17, effective August 5. L. 2000: (12) added, p. 454, § 10, effective April 24; (6) and (8)(a)(I) amended, p. 710, § 47, effective July 1. L. 2001: Entire section amended, p. 730, § 2, effective July 1; (8)(a) amended and (8)(a.5) added, p. 1057, § 1, effective July 1. L. 2002: (8)(a) amended and (8)(a.3) added, p. 1127, § 1, effective June 3. L. 2003: (3) amended, p. 973, § 4, effective April 17; (4) amended, p. 1325, § 1, effective July 1; (4.5)(r) to (4.5)(u) amended, p. 1209, § 19, effective July 1. L. 2006: (1)(a), (1)(c), (6), (7), (8)(a), (8)(a.3), and (8)(a.5) amended and (1.5) added, p. 410, § 1, effective July 1. L. 2009: (1)(a) amended, (HB 09-1081), ch. 302, p. 1609, § 1, effective July 1; (4.5)(m.5) added, (SB 09-093), ch. 326, p. 1738, § 3, effective July 1. L. 2013: IP(4.5) and (4.5)(t) amended and (4.5)(u) repealed, (SB 13-154), ch. 282, p. 1486, § 64, effective July 1; (4.5)(u) and (4.5)(v) amended and (4.5)(w) added, (SB 13-229), ch. 272, p. 1427, § 3, effective July 1. L. 2014: (1)(a) amended and (1)(a.5) added, (SB 14-213), ch. 344, p. 1535, § 2, effective July 1; (8)(a.5) and (8)(b) amended, (SB 14-059), ch. 58, p. 260, § 1, effective July 1. L. 2016: (6), (8)(a), (8)(a.3), and (8)(a.5) amended and (8)(a.7) added, (HB 16-1260), ch. 363, p. 1514, § 1, effective July 1. L. 2017: (4.5)(v) and (4.5)(w) amended and (4.5)(x) added, (HB 17-1048), ch. 68, p. 215, § 2, effective August 9. L. 2018: (4.5)(b) amended, (HB 18-1200), ch. 379, p. 2292, § 3, effective August 8. L. 2020: (4.5)(w) and (4.5)(x) amended and (4.5)(aa) added, (HB 20-1014), ch. 238, p. 1156, § 6, effective September 14; (4.5)(w) and (4.5)(x) amended and (4.5)(y) and (4.5)(z) added, (HB 20-1148), ch. 100, p. 388, § 3, effective September 14.

16-5-401.1. Legislative intent in enacting section 16-5-401 (6) and (7).

1. The intent of the general assembly in enacting section 16-5-401 (6) and (7) in 1982 was to create a ten-year statute of limitations as to offenses and delinquent acts specified in said subsections committed on or after July 1, 1979.
2. (Deleted by amendment, L. 94, p. 1050 , § 4, effective July 1, 1994.)

Source: L. 85: Entire section added, p. 616, § 6, effective June 2. L. 87: Entire section amended, p. 619, § 2, effective July 1. L. 94: Entire section amended, p. 1050, § 4, effective July 1. L. 2001: (1) amended, p. 734, § 3, effective July 1.

16-5-402. Limitation for collateral attack upon trial judgment - definitions.

1. Except as otherwise provided in subsection (2) of this section, no person who has been convicted as an adult or who has been adjudicated as a juvenile under a criminal statute of this or any other state of the United States shall collaterally attack the validity of that conviction or adjudication unless such attack is commenced within the applicable time period, as provided in this subsection (1), following the date of said conviction, or for purposes of juvenile adjudication the applicable time period will begin at the time of the juvenile's eighteenth birthday:

   (1.5) If an appellate court can determine on the face of the motion, files, and record in a case that a collateral attack is outside the time limits specified in subsection (1) of this section, the appellate court may deny relief on that basis, regardless of whether the issue of timeliness was raised in the trial court.

2. In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various statutory provisions directed at repeat offenders, former offenders, and habitual offenders, the only exceptions to the time limitations specified in subsection (1) of this section are:
   1. A case in which the court entering judgment of conviction or entering adjudication did not have jurisdiction over the subject matter of the alleged offense;
   2. A case in which the court entering judgment of conviction or entering adjudication did not have jurisdiction over the person of the defendant or juvenile;
   3. Where the court hearing the collateral attack finds by a preponderance of the evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment of the defendant or juvenile to an institution for treatment as a person with a mental health disorder; or
   4. Where the court hearing the collateral attack finds that the failure to seek relief within the applicable time period was the result of circumstances amounting to justifiable excuse or excusable neglect.
3. Repealed.
4. For purposes of this section:
   1. "Adjudication", except as used in paragraph (c) of subsection (2) of this section, includes "adjudicated" and has the same meaning as defined in section 19-1-103 (2), C.R.S.
   2. "Juvenile" means a child as defined in section 19-1-103 (18), C.R.S.

All class 1 felonies: No limit All other felonies: Three years Misdemeanors: Eighteen months Petty offenses: Six months

Source: L. 81: Entire section added, p. 926, § 3, effective July 1. L. 84: (2)(b) and (2)(c) amended and (2)(d) added, p. 486, § 1, effective February 6. L. 98: (1.5) added, p. 948, § 10, effective May 27. L. 2001: Entire section amended, p. 734, § 4, effective July 1. L. 2002: (4)(b) amended, p. 1016, § 17, effective June 1; (3) repealed, p. 761, § 11, effective July 1. L. 2006: (2)(c) amended, p. 1397, § 41, effective August 7. L. 2018: IP(2) and (2)(c) amended, (SB 18-091), ch. 35, p. 384, § 14, effective August 8.

Cross references: (1) For collateral attacks upon convictions of traffic infractions, see § 42-4-1708 (5); for collateral attacks upon convictions of alcohol- or drug-related traffic offenses, see § 42-4-1702.

(2) For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.

16-5-501. Prosecuting attorney - incarceration - legal representation and supporting services at state expense. (Repealed)

Source: L. 81: Entire part added, p. 928, § 1, September 1. L. 86: Entire section amended, p. 732, § 1, effective July 1. L. 87: Entire section amended, p. 1496, § 5, effective July 1. L. 2002: Entire section amended, p. 1491, § 134, effective October 1. L. 2013: Entire section amended, (SB 13-250), ch. 333, p. 1929, § 41, effective October 1; entire section repealed, (HB 13-1210), ch. 306, p. 1624, § 3, effective January 1, 2014.

16-6-101. Grounds for change of venue.

1. The place of trial may be changed:
   1. When a fair trial cannot take place in the county or district in which the trial is pending; or
   2. When a more expeditious trial may be had by a change in the place of trial from one county to another; or
   3. When the parties stipulate to a change in the place of trial to another county in the same judicial district or to a county in an adjoining judicial district.

Source: L. 72: R&RE, p. 218, § 1. C.R.S. 1963: § 39-6-101.

Cross references: For the place of trials, see § 18-1-202 and Crim. P. 18.

16-6-102. Motion for change of venue.

1. A motion for change of venue must be accompanied by one or more affidavits setting forth the facts upon which the defendant relies or by a stipulation of the parties.
2. Whether circumstances exist requiring, in the interest of justice, a change in the place of trial is a question to be determined by the court in its sound discretion.

Source: L. 72: R&RE, p. 219, § 1. C.R.S. 1963: § 39-6-102.

16-6-103. Change of venue where offense committed in two or more counties.

Where a prosecution has been commenced in one county, the court, for good cause shown, may transfer the proceeding to another county within the same judicial district if it is shown that the offense was committed in more than one county within the same judicial district and if the court is satisfied that the interests of justice would be served by transferring the action to the other county.

Source: L. 72: R&RE, p. 219, § 1. C.R.S. 1963: § 39-6-103.

16-6-103.5. Plea of guilty to offenses committed in two or more counties.

1. Any person charged with crimes in more than one county of this state may apply to the district attorney of one of said counties to be charged with all crimes so that he may enter into a disposition and be sentenced for them in that single county. The application shall contain a description of all charged crimes and the name of the county in which each was committed.
2. Upon receipt of the application, the district attorney shall prepare an information charging all the charged crimes and naming in each count the county where each was committed. He shall send a copy of the information to the district attorney of each other county in which the defendant stands charged, together with a statement that the defendant has applied to enter into a disposition in the county of application. Upon receipt of the information and statement, the district attorney of the other county may execute a consent in writing allowing the defendant to enter a plea of guilty in the county to which application has been made to the crime charged in the information and committed in the other county and send it to the district attorney who prepared the information.
3. If necessary, the district attorney shall amend the information so that it includes only the offenses for which he has received written consent from the district attorney of other counties, and he shall file the information in any court of his county having jurisdiction to try or accept a plea of guilty to the most serious crime alleged therein. The defendant then may enter a plea of guilty to all offenses alleged to have been committed in the county where the court is located and to all offenses alleged to have been committed in other counties as to which consents have been executed pursuant to subsection (2) of this section. Before entering his plea of guilty, the defendant shall waive in writing any right to be tried in the county where the crime was committed. The district attorney of the county where the crime was committed need not be present when the plea is made, but his written consent shall be filed with the court.
4. Thereupon the court shall enter such judgment, the same as if all the crimes charged were alleged to have been committed in the county where the court is located, whether or not the court has jurisdiction to try all those crimes to which the defendant has pleaded guilty under this section.
5. The clerk of the court in the county where the plea is made shall file a copy of the judgment of conviction with the clerk in each county where a crime covered by the plea was committed. The district attorney in each of said counties shall then move to dismiss any charges covered by the plea of guilty which are pending against the defendant in his county, and the same shall thereupon be dismissed.

Source: L. 87: Entire section added, p. 603, § 3, effective July 1.

16-6-104. Application of rules of criminal procedure.

Except as otherwise provided by sections 16-6-101 to 16-6-103, the filing of an application for change of venue and all proceedings relating thereto are governed by the provisions of applicable rules of criminal procedure adopted by the supreme court of Colorado.

Source: L. 72: R&RE, p. 219, § 1. C.R.S. 1963: § 39-6-104.

16-6-201. Disqualification of judge.

1. A judge of a court of record shall be disqualified to hear or try a case if:
   1. He is related to the defendant or to any attorney of record or attorney otherwise engaged in the case; or
   2. The offense charged is alleged to have been committed against the person or property of the judge or of some person related to him; or
   3. He has been of counsel in the case; or
   4. He is in any way interested or prejudiced with respect to the case, the parties, or counsel.
2. Any judge who knows of circumstances which disqualify him in a case shall, on his own motion, disqualify himself.
3. A motion for change of judge on any ground must be verified and supported by the affidavits of at least two credible persons not related to the defendant, stating facts showing the existence of grounds for disqualification. If the verified motion and supporting affidavits state facts showing grounds for disqualification, the judge must enter an order disqualifying himself. After disqualifying himself, the judge may require a full hearing upon the issues raised by the affidavits and shall request that another judge conduct the hearing. The other judge shall make findings of fact with regard thereto, and such findings shall be included as a part of the trial court record.
4. The disqualified judge shall certify the need for a judge to the chief justice of the Colorado supreme court, who shall assign a judge to the case.
5. The term "related", when used in this section, means related within the third degree by blood, adoption, or marriage.

Source: L. 72: R&RE, p. 219, § 1. C.R.S. 1963: § 39-6-201.

16-7-101. Separate trial of joint defendants.

When two or more defendants are jointly indicted or informed against for any offense and there is material evidence, not relating to reputation, which is admissible against one or some of them but which is not admissible against all of them if they are tried separately and which is prejudicial to those against whom it is not admissible, those against whom such evidence is admissible shall be tried separately upon motion of any of those against whom the evidence is not admissible. In all other cases, defendants jointly prosecuted shall be tried separately or jointly in the discretion of the court.

Source: L. 72: R&RE, p. 220, § 1. C.R.S. 1963: § 39-7-101.

16-7-102. Required notice of defense of alibi.

If the defendant intends to introduce evidence that the defendant was at a place other than the location of the offense, the defendant shall serve upon the prosecuting attorney as soon as practicable, but not later than thirty-five days before trial, a statement in writing specifying the place where the defendant claims to have been and the names and addresses of the witnesses the defendant will call to support the defense of alibi. Upon receiving the defendant's statement, the prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute such alibi as soon as practicable after the names of such witnesses become known. Neither the prosecuting attorney nor the defendant shall be permitted at the trial to introduce evidence inconsistent with the specification statement unless the court for good cause and upon just terms permits the specification statement to be amended. If the defendant fails to make the specification required by this section, the court shall exclude evidence offered in support of the defense of alibi unless the court finds upon good cause shown that such evidence should be admitted in the interest of justice.

Source: L. 72: R&RE, p. 220, § 1. C.R.S. 1963: § 39-7-102. L. 74: Entire section amended, p. 238, § 1, effective March 19. L. 93: Entire section amended, p. 517, § 7, effective July 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 850, § 75, effective July 1.

16-7-201. Place of arraignment.

The defendant shall be arraigned in the court having trial jurisdiction in which the indictment, information, or complaint is filed, unless before arraignment the cause has been removed to another court, in which case he shall be arraigned in that court.

Source: L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-201.

16-7-202. Presence of defendant.

1. If the offense charged is a felony, a level 1 drug misdemeanor, or a class 1 misdemeanor or if the maximum penalty for the offense charged is more than one year's imprisonment, the defendant must be personally present for arraignment; except that the court, for good cause shown, may accept a plea of not guilty made by an attorney representing the defendant without requiring the defendant to be personally present. In all prosecutions for lesser offenses, the defendant may appear by his or her attorney who may enter a plea on his or her behalf. If the defendant appears personally for a charge that is not in title 42, the court may advise the defendant of the possibility that restorative justice practices may be part of a sentence, if available in the jurisdiction.
2. If a plea of guilty or nolo contendere (no contest) is entered by counsel in the absence of the defendant, the court may command the appearance of the defendant in person for the imposition of sentence.

Source: L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-202. L. 2011: (1) amended, (HB 11-1032), ch. 296, p. 1400, § 1, effective August 10. L. 2013: (1) amended, (SB 13-250), ch. 333, p. 1930, § 42, effective October 1. L. 2017: (1) amended, (HB 17-1039), ch. 58, p. 182, § 1, effective August 9.

16-7-203. Irregularity of arraignment.

No irregularity in the arraignment which does not affect the substantial rights of the defendant shall affect the validity of any proceeding in the cause if the defendant pleads to the charge or proceeds to trial without objecting to the irregularity.

Source: L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-203.

16-7-204. Procedures on arraignment.

The procedure to be followed upon arraignment shall be in compliance with the provisions of applicable rules of criminal procedure adopted by the supreme court of Colorado.

Source: L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-204.

16-7-205. Pleas authorized on arraignment.

1. A defendant personally, or, where permissible, by counsel may orally enter:
   1. A plea of guilty; or
   2. A plea of not guilty; or
   3. A plea of nolo contendere (no contest) with the consent of the court; or
   4. A plea of not guilty by reason of insanity, in which event a not guilty plea may also be entered.

Source: L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-205.

16-7-206. Guilty pleas - procedure and effect.

1. Every person charged with an offense shall be permitted to tender a plea of guilty to that offense if the following conditions have been satisfied:
   1. The court shall have advised the defendant that if the plea is accepted the defendant shall be determined to have waived his right to trial by jury on all issues including the determination of the penalty to be assessed, and the court shall also have advised the defendant as to the maximum and minimum penalties that the court may impose.
   2. In class 1 felonies or where the plea of guilty is to a lesser included offense, a written consent has been filed with the court by the district attorney.
   3. In all felony, level 1 drug misdemeanor, and class 1 misdemeanor cases, the defendant shall be represented by counsel or waive his right thereto in open court, and the guilty plea shall be tendered in open court by the defendant in the presence of counsel, if any.
2. The refusal or consent of the district attorney or the court to accept a plea of guilty to the charge shall not be a basis for assignment of error, and such refusal or acceptance by the district attorney or court is final.
3. The acceptance by the court of a plea of guilty acts as a waiver by the defendant of the right to trial by jury on all issues including the determination of the penalty to be assessed, and the acceptance of such plea also acts as a conviction for the offense.

Source: L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-206. L. 2013: (1)(c) amended, (SB 13-250), ch. 333, p. 1930, § 43, effective October 1.

16-7-207. Court's duty to inform on first appearance in court and on pleas of guilty.

1. At the first appearance of the defendant in court or upon arraignment, whichever is first in time, it is the duty of the judge to inform the defendant and make certain that the defendant understands the following:
   1. The defendant need make no statement, and any statement made can and may be used against him or her.
   2. The defendant has a right to counsel.
   3. If the defendant is an indigent person, he or she may make application for a court-appointed attorney, and, upon payment of the application fee, he or she will be assigned counsel as provided by law or applicable rule of criminal procedure.
   4. Any plea the defendant makes must be voluntary on his or her part and not the result of undue influence or coercion on the part of anyone.
   5. The defendant has a right to bail, if the offense is bailable, and the amount of bail that has been set by the court.
   6. The defendant has a right to a jury trial.
   7. The nature of the charges against the defendant.
2. The court shall not accept a plea of guilty or nolo contendere (no contest) without first determining that the defendant is advised of all the matters set forth in subsection (1) of this section and also determining:
   1. That the defendant understands the nature of the charge and the elements of the offense to which he is pleading and the effect of his plea;
   2. That the plea is voluntary on defendant's part and is not the result of undue influence or coercion on the part of anyone;
   3. That he understands the right to trial by jury;
   4. That he understands the possible penalty or penalties and the possible places of incarceration;
   5. That the defendant understands that the court will not be bound by any representations made to the defendant by anyone concerning the penalty to be imposed or the granting or the denial of probation, unless the representations are included in a formal plea agreement approved by the court and supported by the findings of the presentence report, if any; and
   6. That there is a factual basis for the plea. If the plea is entered as a result of a plea agreement, the court shall explain to the defendant and satisfy itself that the defendant understands the basis for the plea agreement, and the defendant may then waive the establishment of a factual basis for the particular charge to which he pleads guilty.
3. This section applies to prosecutions for violations of municipal charters and prosecutions for violations of municipal ordinances, except for traffic infractions for which the penalty is only a fine and arrest is prohibited and for which a court shall not issue a bench warrant, including a warrant for failure to appear.

Source: L. 72: R&RE, p. 222, § 1. C.R.S. 1963: § 39-7-207. L. 90: (1)(c) amended, p. 1039, § 2, effective July 1. L. 92: (1)(c) amended, p. 465, § 1, effective July 1. L. 2013: (1) amended, (HB 13-1210), ch. 306, p. 1623, § 2, effective January 1, 2014. L. 2016: (3) added, (HB 16-1309), ch. 366, p. 1541, § 3, effective (see editor's note). L. 2017: (3) amended, (HB 17-1083), ch. 128, p. 438, § 1, effective July 1, 2018 (see editor's note).

Editor's note: The effective date of subsection (3) was changed from May 1, 2017, to July 1, 2018, by H.B. 17-1316. (See L. 2017, p. 607 .)

Cross references: For the legislative declaration in HB 16-1309, see section 1 of chapter 366, Session Laws of Colorado 2016.

16-7-207.5. Court's duty to inform defendants with current or prior military service on first appearance in court and on pleas of guilty.

1. At the first appearance of a defendant in court or upon arraignment, whichever is first in time, the court shall ascertain whether the defendant is serving in the United States armed forces or is a veteran of such forces. The court shall inform any such defendant that he or she may be entitled to receive mental health treatment, substance use disorder treatment, or other services as a veteran.
2. The court shall not accept a plea of guilty or nolo contendere without first determining whether the defendant is serving in the United States armed forces or is a veteran of such forces and, if so, informing the defendant as described in subsection (1) of this section.
3. This section applies to, but is not limited to, prosecutions for violations of municipal charters and prosecutions for violations of municipal ordinances, except for traffic infractions for which the penalty is only a fine and arrest is prohibited.

Source: L. 2018: Entire section added, (HB 18-1078), ch. 135, p. 889, § 1, effective August 8.

16-7-208. Failure or refusal to plead.

If a defendant refuses to plead, or if the court refuses to accept a plea of guilty or a plea of nolo contendere (no contest), or if a corporation fails to appear, the court shall enter a plea of not guilty. If for any reason a plea has not been entered, the case shall for all purposes be considered as one in which a plea of not guilty has been entered.

Source: L. 72: R&RE, p. 223, § 1. C.R.S. 1963: § 39-7-208.

16-7-301. Propriety of plea discussions and plea agreements.

1. Where it appears that the effective administration of criminal justice will thereby be served, the district attorney may engage in plea discussions for the purpose of reaching a plea agreement. The district attorney should engage in plea discussions or reach plea agreements with the defendant only through or in the presence of defense counsel except where the defendant is not eligible for appointment of counsel because the defendant is not indigent or the charged offense does not include a possible sentence of incarceration or because the defendant refuses appointment of counsel and has not retained counsel.
2. The district attorney may agree to one or more of the following, depending upon the circumstances of the individual case:
   1. To make or not to oppose favorable recommendations concerning the sentence to be imposed if the defendant enters a plea of guilty or nolo contendere (no contest);
   2. To seek or not to oppose the dismissal of an offense charged if the defendant enters a plea of guilty or nolo contendere (no contest) to another offense reasonably related to the defendant's conduct;
   3. To seek or not to oppose the dismissal of other charges or not to prosecute other potential charges against the defendant if the defendant enters a plea of guilty or nolo contendere (no contest);
   4. To consent to diversion, as provided in section 18-1.3-101, C.R.S.;
   5. To consent to deferred sentencing, as provided in section 18-1.3-102, C.R.S.;
   6. To consent to an assessment for suitability for participation in restorative justice practices, including victim-offender conferences.
3. Defendants whose situations are similar should be afforded similar opportunities for plea agreement.
4. Repealed.
5. Any plea agreement in a case involving a plea to a violation of article 18 of title 18, C.R.S., may not require a waiver by the defendant of the right to petition to have the defendant's criminal conviction records sealed pursuant to part 3 of article 72 of title 24, C.R.S.

Source: L. 72: R&RE, p. 223, § 1. C.R.S. 1963: § 39-7-301. L. 75: IP(2) amended and (2)(d) and (2)(e) added, p. 609, § 1, effective March 12. L. 92: (1) amended and (4) added, p. 465, § 2, effective July 1. L. 93: (4) amended, p. 1285, § 2, effective July 1. L. 2002: (2)(d) and (2)(e) amended, p. 1491, § 135, effective October 1. L. 2013: (2)(d) amended, (HB 13-1156), ch. 336, p. 1957, § 4, effective August 7; (5) added, (SB 13-250), ch. 333, p. 1925, § 32, effective October 1; (1) amended and (4) repealed, (HB 13-1210), ch. 306, p. 1622, § 1, effective January 1, 2014. L. 2017: (2)(f) added, (HB 17-1039), ch. 58, p. 183, § 3, effective August 9.

Cross references: For the legislative declaration contained in the 2002 act amending subsections (2)(d) and (2)(e), see section 1 of chapter 318, Session Laws of Colorado 2002.

16-7-302. Responsibilities of the trial judge with respect to plea discussions and agreements.

1. The trial judge shall not participate in plea discussions.
2. If a tentative plea agreement has been reached which contemplates entry of a plea of guilty or nolo contendere (no contest) in the expectation that other charges before that court will be dismissed or that sentence concessions will be granted, the trial judge may, upon request of the parties, permit the disclosure to him of the tentative agreement and the reasons therefor in advance of the time for tender of the plea. He may then indicate to the district attorney and defense counsel or defendant whether he will concur in the proposed disposition if the information in the presentence report is consistent with the representations made to him. If the trial judge concurs but later decides that the final disposition should not include the charge or sentence concessions contemplated by the plea agreement, he shall so advise the defendant and then call upon the defendant to either affirm or withdraw his plea of guilty or nolo contendere (no contest).
3. Notwithstanding the reaching of a plea agreement between the district attorney and defense counsel or defendant, the judge in every case should exercise an independent judgment in deciding whether to grant charge and sentence concessions.

Source: L. 72: R&RE, p. 223, § 1. C.R.S. 1963: § 39-7-302.

16-7-303. Fact of discussion and agreement not admissible.

Except as to proceedings resulting from a plea of guilty or nolo contendere (no contest) which is not withdrawn, the fact that the defendant or his defense counsel and the district attorney engaged in plea discussions or made a plea agreement shall not be received in evidence against or in favor of the defendant in any criminal or civil action or administrative proceeding.

Source: L. 72: R&RE, p. 224, § 1. C.R.S. 1963: § 39-7-303.

16-7-304. Charges for bad checks.

The department or agency supervising the collection of restitution agreed to as a condition of a plea agreement, including dismissal of a charge, may assess a charge of fifteen dollars to a defendant for collection of each bad check or each bad check received as a restitution payment. For the purposes of this section, "bad check" means a check or similar sight order for the payment of money which is dishonored by the bank or other drawee because the issuer does not have sufficient funds upon deposit with the bank or other drawee to pay the check or order upon presentation within thirty days after issue.

Source: L. 84: Entire section added, p. 488, § 1, effective July 1. L. 87: Entire section amended, p. 620, § 1, effective July 1.

Cross references: For charges for bad checks received as a restitution payment ordered as a condition of a deferred prosecution or deferred sentence, see § 16-7-404; for assessment of a penalty for a dishonored check presented as a payment for restitution, see § 16-18.5-108.

16-7-401. Deferred prosecution. (Repealed)

Source: L. 72: R&RE, p. 224, § 1. C.R.S. 1963: § 39-7-401. L. 75: (2) amended, p. 610, § 1, effective June 26. L. 77: (1) amended, p. 860, § 1, effective May 24. L. 81: (1) amended, p. 930, § 1, effective May 13. L. 83: (2) amended, p. 664, § 3, effective July 1. L. 85: (1) amended, p. 616, § 7, effective July 1. L. 94: (1) amended, p. 2036, § 15, effective July 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.

Editor's note: In 2002, this section was relocated to section 18-1.3-101.

Cross references: For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

16-7-402. Counseling or treatment for alcohol or drug abuse. (Repealed)

Source: L. 72: R&RE, p. 224, § 1. C.R.S. 1963: § 39-7-402. L. 81: Entire section amended, p. 930, § 2, effective May 13. L. 82: (1) repealed, p. 309, § 2, effective March 11. L. 2000: (2) amended, p. 235, § 4, effective July 1. L. 2001: (3) added, p. 658, § 6, effective May 30. L. 2002: (2) amended, p. 665, § 8, effective May 28; (3) amended, p. 1182, § 6, effective July 1; entire section repealed, p. 1463, § 3, effective October 1.

Editor's note: House Bill 02-1229 amended subsection (2). Senate Bill 02-010 amended subsection (3). This section as amended by House Bill 02-1229 and Senate Bill 02-010 was subsequently harmonized with House Bill 02-1046 and relocated to section 18-1.3-210.

Cross references: For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

16-7-403. Deferred sentencing of defendant. (Repealed)

Source: L. 75: Entire section added, p. 611, § 1, effective February 9. L. 83: (2) amended, p. 664, § 4, effective July 1. L. 85: (1) amended, p. 617, § 8, effective July 1; (1) amended, p. 1371, § 50, effective July 1. L. 87: (1) and (2) amended, p. 614, § 2, effective July 1. L. 93: (2) amended, p. 1727, § 5, effective July 1. L. 97: (2) amended, p. 1541, § 7, effective July 1. L. 98: (4) added, p. 948, § 8, effective May 27. L. 2002: (2) amended, p. 760, § 9, effective July 1; entire section repealed, p. 1463, § 3, effective October 1.

Editor's note: House Bill 02-1225 amended subsection (2). This section as amended by House Bill 02-1225 was subsequently harmonized with House Bill 02-1046 and relocated to section 18-1.3-102.

Cross references: For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

16-7-403.5. Deferred sentencing - mentally ill defendants charged with certain misdemeanors - demonstration program - repeal. (Repealed)

Source: L. 96: Entire section added, p. 1279, § 1, effective June 1.

Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2001. (See L. 96, p. 1279 .)

16-7-403.7. Deferred sentencing - drug offenders - legislative declaration - demonstration program - repeal. (Repealed)

Source: L. 2000: Entire section added, p. 489, § 1, effective May 4. L. 2002: (5) amended, p. 979, § 1, effective July 1; entire section repealed, p. 1463, § 3, effective October 1.

Editor's note: Senate Bill 02-018 amended subsection (5). This section as amended by Senate Bill 02-018 was subsequently harmonized with House Bill 02-1046 and relocated to section 18-1.3-103. Section 18-1.3-103 was subsequently repealed, effective July 1, 2006.

Cross references: For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

16-7-404. Charges for bad checks.

The department or agency supervising the collection of restitution ordered as a condition of a deferred prosecution or deferred sentence pursuant to this part 4 may assess a charge of fifteen dollars to a defendant for collection of each bad check or each bad check received as a restitution payment. For the purposes of this section, "bad check" means a check or similar sight order for the payment of money which is dishonored by the bank or other drawee because the issuer does not have sufficient funds upon deposit with the bank or other drawee to pay the check or order upon presentation within thirty days after issue.

Source: L. 84: Entire section added, p. 488, § 2, effective July 1. L. 87: Entire section amended, p. 620, § 2, effective July 1.

Cross references: For charges for bad checks received as a restitution payment ordered as a condition of a plea agreement, see § 16-7-304; for assessment of a penalty for a dishonored check presented as a payment for restitution, see § 16-18.5-108.

16-8-101. Insanity defined - offenses committed before July 1, 1995.

1. The applicable test of insanity shall be, and the jury shall be so instructed: "A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable. But care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives, and kindred evil conditions, for when the act is induced by any of these causes the person is accountable to the law.".
2. The term "diseased or defective in mind", as used in subsection (1) of this section, does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
3. This section shall apply to offenses committed before July 1, 1995.

Source: L. 72: R&RE, p. 225, § 1. C.R.S. 1963: § 39-8-101. L. 83: Entire section amended, p. 672, § 1, effective July 1. L. 84: (1) amended, p. 490, § 1, effective February 6. L. 95: (3) added, p. 71, § 1, effective July 1.

16-8-101.3. Legislative intent in enacting section 16-8-101.5 and in making conforming amendments.

The intent of the general assembly in enacting section 16-8-101.5 and making conforming amendments to sections 16-8-101 to 16-8-104, 16-8-106, 16-8-110, 16-8-114, 16-8-115, and 16-8-120 in 1995, and in enacting clarifying provisions in this section and sections 16-8-104.5 and 16-8-105.5 and making conforming amendments to sections 16-8-105 and 16-8-107 and sections 18-1-802 and 18-1-803, C.R.S., in 1996, was to combine the defense of not guilty by reason of insanity and the affirmative defense of impaired mental condition into the affirmative defense of not guilty by reason of insanity and to create a unitary process for hearing the issues raised by said affirmative defense to apply to offenses committed on or after July 1, 1995.

Source: L. 96: Entire section added, p. 3, § 1, effective January 31.

16-8-101.5. Insanity defined - offenses committed on and after July 1, 1995 - definitions.

1. The applicable test of insanity shall be:
   1. A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable; except that care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions, for, when the act is induced by any of these causes, the person is accountable to the law; or
   2. A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged, but care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions because, when the act is induced by any of these causes, the person is accountable to the law.
2. As used in subsection (1) of this section:
   1. "Diseased or defective in mind" does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Evidence of knowledge or awareness of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation shall not constitute inability to distinguish right from wrong.
   2. "Gender identity" and "gender expression" have the same meaning as in section 18-1-901 (3)(h.5).
   3. "Mental disease or defect" includes only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance but does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
   4. "Sexual orientation" has the same meaning as in section 18-9-121 (5)(b).
3. This section shall apply to offenses committed on or after July 1, 1995.

Source: L. 95: Entire section added, p. 71, § 2, effective July 1. L. 2020: (2) amended, (SB 20-221), ch. 279, p. 1365, § 2, effective July 13.

Cross references: For the legislative declaration in SB 20-221, see section 1 of chapter 279, Session Laws of Colorado 2020.

16-8-102. Other definitions.

As used in this article, unless the context otherwise requires:

1. and (2) Repealed.

   (2.5) "Forensic psychologist" means a licensed psychologist who is board certified in forensic psychology by the American board of professional psychology or who has completed a fellowship in forensic psychology meeting criteria established by the American board of forensic psychology.

   1. (2.7) (a) "Impaired mental condition" means a condition of mind, caused by mental disease or defect that prevents the person from forming the culpable mental state that is an essential element of any crime charged. For the purposes of this subsection (2.7), "mental disease or defect" includes only those severely abnormal mental conditions which grossly and demonstrably impair a person's perception or understanding of reality and which are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance; except that it does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
   2. This subsection (2.7) shall apply only to offenses committed before July 1, 1995.

      (3) Repealed.

      (4) "Ineligible for release" means the defendant is suffering from a mental disease or defect which is likely to cause him to be dangerous to himself, to others, or to the community, in the reasonably foreseeable future, if he is permitted to remain at liberty.

   (4.5) "Ineligible to remain on conditional release" means the defendant has violated one or more conditions in his release, or the defendant is suffering from a mental disease or defect which is likely to cause him to be dangerous to himself, to others, or to the community in the reasonably foreseeable future, if he is permitted to remain on conditional release.

   (4.7) "Mental disease or defect" means only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance; except that it does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

   (5) "Release examination" means a court-ordered examination of a defendant directed to developing evidence relevant to determining whether he is eligible for release.

   (6) "Release hearing" means a hearing for the purpose of determining whether a defendant previously committed to the department of human services, following a verdict of not guilty by reason of insanity, has become eligible for release.

   (7) Repealed.

   (8) "Sanity examination" means a court-ordered examination of a defendant who has entered a plea of not guilty by reason of insanity, directed to developing information relevant to determining the sanity or insanity of the defendant at the time of the commission of the act with which he is charged and also his competency to proceed.

Source: L. 72: R&RE, p. 225, § 1. C.R.S. 1963: § 39-8-102. L. 81: (4.5) added, p. 932, § 1, effective July 1. L. 83: (2.7) added, p. 672, § 2, effective July 1. L. 94: (6) amended, p. 2647, § 116, effective July 1. L. 95: (2.7) amended and (4.7) added, p. 72, § 3, effective July 1. L. 2008: (1), (2), (3), and (7) repealed, p. 1850, § 3, effective July 1. L. 2013: (2.5) added, (SB 13-116), ch. 115, p. 393, § 1, effective August 7.

Cross references: For the legislative declaration contained in the 1994 act amending subsection (6), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act repealing subsections (1), (2), (3), and (7), see section 1 of chapter 389, Session Laws of Colorado 2008.

16-8-103. Pleading insanity as a defense.

1. 1. The defense of insanity may only be raised by a specific plea entered at the time of arraignment; except that the court, for good cause shown, may permit the plea to be entered at any time prior to trial. The form of the plea shall be: "Not guilty by reason of insanity"; and it must be pleaded orally either by the defendant or by the defendant's counsel. A defendant who does not raise the defense as provided in this section shall not be permitted to rely upon insanity as a defense to the crime charged but, when charged with a crime requiring a specific intent as an element thereof, may introduce evidence of the defendant's mental condition as bearing upon his or her capacity to form the required specific intent. The plea of not guilty by reason of insanity includes the plea of not guilty.
   2. This subsection (1) shall apply only to offenses committed before July 1, 1995.
   1. (1.5) (a) The defense of insanity may only be raised by a specific plea entered at the time of arraignment; except that the court, for good cause shown, may permit the plea to be entered at any time prior to trial. The form of the plea shall be: "Not guilty by reason of insanity"; and it must be pleaded orally either by the defendant or by the defendant's counsel. The plea of not guilty by reason of insanity includes the plea of not guilty.
   2. This subsection (1.5) shall apply to offenses committed on or after July 1, 1995.
2. If counsel for the defendant believes that a plea of not guilty by reason of insanity should be entered on behalf of the defendant but the defendant refuses to permit the entry of the plea, counsel may so inform the court. The court shall then conduct such investigation as it deems proper, which may include the appointment of psychiatrists or forensic psychologists to assist in examining the defendant and advising the court. After its investigation the court shall conduct a hearing to determine whether the plea should be entered. If the court finds that the entry of a plea of not guilty by reason of insanity is necessary for a just determination of the charge against the defendant, it shall enter the plea on behalf of the defendant, and the plea so entered shall have the same effect as though it had been voluntarily entered by the defendant himself or herself.
3. If there has been no grand jury indictment or preliminary hearing prior to the entry of the plea of not guilty by reason of insanity, the court shall hold a preliminary hearing prior to the trial of the insanity issue. If probable cause is not established, the case shall be dismissed, but the court may order the district attorney to institute civil proceedings pursuant to article 65 of title 27, C.R.S., if it appears that the protection of the public or the accused requires it.
4. Before accepting a plea of not guilty by reason of insanity, the court shall advise the defendant of the effect and consequences of the plea.

Source: L. 72: R&RE, p. 226, § 1. C.R.S. 1963: § 39-8-103. L. 75: (3) amended, p. 926, § 26, effective July 1. L. 95: (1) amended and (1.5) added, p. 73, § 4, effective July 1. L. 2010: (3) amended, (SB 10-175), ch. 188, p. 783, § 21, effective April 29. L. 2013: (2) amended, (SB 13-116), ch. 115, p. 393, § 2, effective August 7.

16-8-103.5. Impaired mental condition - when raised - procedure - legislative intent.

1. If the defendant intends to assert the affirmative defense of impaired mental condition, he shall indicate that intention to the court and to the prosecution at the time of arraignment; except that the court, for good cause shown, shall permit the defendant to inform the court and the prosecution of his intention to assert the affirmative defense of impaired mental condition at any time prior to trial.
2. If counsel for the defendant believes that an assertion of the affirmative defense of impaired mental condition should be entered on behalf of the defendant but the defendant refuses to permit counsel to offer such evidence, counsel may so inform the court. The court shall then conduct such investigation as it deems proper, which may include the appointment of psychiatrists or forensic psychologists to assist in examining the defendant and advising the court. After its investigation, the court shall conduct a hearing to determine whether evidence of impaired mental condition should be offered at trial. If the court finds that such a defense is necessary for a just determination of the charge against the defendant, it shall inform the prosecution that such defense shall be asserted at trial by the defendant and shall order the defendant's counsel to present evidence at trial on the defense of impaired mental condition.
3. At the time at which the defendant announces his intention to assert the affirmative defense of impaired mental condition, the court shall advise the defendant of the effect and consequences of asserting the defense.
4. When the defendant indicates his intention to assert the defense of impaired mental condition, the court shall order an examination of the defendant pursuant to section 16-8-106. The court shall order both the prosecutor and the defendant to exchange the names, addresses, reports, and statements of persons, other than medical experts subject to the provisions of section 16-8-103.6, whom the parties intend to call as witnesses with regard to the affirmative defense of impaired mental condition.
5. If the trier of fact finds the defendant not guilty by reason of impaired mental condition, pursuant to section 18-1-803 (3), C.R.S., the court shall commit the defendant to the custody of the department of human services until such time as he is found eligible for release, pursuant to the standards set forth in sections 16-8-115 and 16-8-120. The executive director of the department of human services shall designate the state facility at which the defendant shall be held for care and psychiatric treatment and may transfer the defendant from one institution to another if in the opinion of the director it is desirable to do so in the interest of the proper care, custody, and treatment of the defendant or the protection of the public or the personnel of the facilities in question.
6. It is the intent of the general assembly that the assertion of the affirmative defense of impaired mental condition not be made in such a fashion that it is used to circumvent the requirements of disclosure specified in rule 16 of the Colorado rules of criminal procedure.
7. A defendant may raise impaired mental condition only through an assertion of affirmative defense.
8. This section shall apply only to offenses committed before July 1, 1995.

Source: L. 83: Entire section added, p. 673, § 3, effective July 1. L. 85: (6) and (7) added, p. 625, § 1, effective June 6. L. 87: (4) amended, p. 622, § 2, effective July 1. L. 94: (5) amended, p. 2648, § 117, effective July 1. L. 95: (8) added, p. 73, § 5, effective July 1. L. 2013: (2) amended, (SB 13-116), ch. 115, p. 394, § 3, effective August 7.

Cross references: (1) For affirmative defenses generally, see § 18-1-407.

(2) For the legislative declaration contained in the 1994 act amending subsection (5), see section 1 of chapter 345, Session Laws of Colorado 1994.

16-8-103.6. Waiver of privilege.

1. 1. A defendant who places his or her mental condition at issue by pleading not guilty by reason of insanity pursuant to section 16-8-103, or asserting the affirmative defense of impaired mental condition pursuant to section 16-8-103.5, or disclosing witnesses who may provide evidence concerning the defendant's mental condition during a sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020, waives any claim of confidentiality or privilege as to communications made by the defendant to a physician or psychologist in the course of an examination or treatment for the mental condition for the purpose of any trial or hearing on the issue of the mental condition, or sentencing hearing conducted pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020. The court shall order both the prosecutor and the defendant to exchange the names, addresses, reports, and statements of any physician or psychologist who has examined or treated the defendant for the mental condition.
   2. This subsection (1) shall apply only to offenses committed before July 1, 1995.
2. 1. A defendant who places his or her mental condition at issue by pleading not guilty by reason of insanity pursuant to section 16-8-103 or disclosing witnesses who may provide evidence concerning the defendant's mental condition during a sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102; or, for offenses committed on or after July 1, 1999, by seeking to introduce evidence concerning his or her mental condition pursuant to section 16-8-107 (3) waives any claim of confidentiality or privilege as to communications made by the defendant to a physician or psychologist in the course of an examination or treatment for the mental condition for the purpose of any trial or hearing on the issue of the mental condition, or sentencing hearing conducted pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102. The court shall order both the prosecutor and the defendant to exchange the names, addresses, reports, and statements of any physician or psychologist who has examined or treated the defendant for the mental condition.
   2. This subsection (2) shall apply to offenses committed on or after July 1, 1995.

Source: L. 87: Entire section added, p. 622, § 1, effective July 1. L. 95: Entire section amended, p. 73, § 6, effective July 1. L. 98: Entire section amended, p. 381, § 2, effective April 21. L. 99: (2)(a) amended, p. 403, § 5, effective July 1. L. 2002: (1)(a) and (2)(a) amended, p. 1491, § 136, effective October 1. L. 2002, 3rd Ex. Sess.: (2)(a) amended, p. 29, §§ 17, 18, effective July 12. L. 2008: (1)(a) and (2)(a) amended, p. 1850, § 4, effective July 1. L. 2020: (1)(a) and (2)(a) amended, (SB 20-100), ch. 61, p. 205, § 3, effective March 23.

Cross references: For the legislative declaration contained in the 2002 act amending subsections (1)(a) and (2)(a), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2002 act amending subsection (2)(a), see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session. For the legislative declaration contained in the 2008 act amending subsections (1)(a) and (2)(a), see section 1 of chapter 389, Session Laws of Colorado 2008.

16-8-103.7. Examination after entry of defenses of insanity and impaired mental condition.

1. 1. When, at the time of arraignment, the defense of insanity is raised, pursuant to section 16-8-103, and the defendant asserts his or her intention to raise the affirmative defense of impaired mental condition, pursuant to section 16-8-103.5, the court shall order one examination of the defendant with regard to both defenses pursuant to section 16-8-106.
   2. This subsection (1) shall apply only to offenses committed before July 1, 1995.
2. 1. When, at the time of arraignment, the defense of insanity is raised pursuant to section 16-8-103, the court shall order an examination of the defendant with regard to the insanity defense pursuant to section 16-8-106.
   2. This subsection (2) shall apply to offenses committed on or after July 1, 1995.
3. 1. When the defendant gives notice pursuant to section 16-8-107 (3) that he or she intends to introduce evidence in the nature of expert opinion concerning his or her mental condition, the court shall order an examination of the defendant pursuant to section 16-8-106.
   2. The provisions of this subsection (3) shall apply to offenses committed on or after July 1, 1999.

Source: L. 83: Entire section added, p. 673, § 3, effective July 1. L. 95: Entire section amended, p. 74, § 7, effective July 1. L. 99: (3) added, p. 404, § 6, effective July 1.

16-8-104. Separate trial of issues.

The issues raised by the plea of not guilty by reason of insanity shall be tried separately to different juries, and the sanity of the defendant shall be tried first. This section shall apply only to offenses committed before July 1, 1995.

Source: L. 72: R&RE, p. 226, § 1. C.R.S. 1963: § 39-8-104. L. 95: Entire section amended, p. 74, § 8, effective July 1.

16-8-104.5. Single trial of issues.

1. The issues raised by the plea of not guilty by reason of insanity shall be treated as an affirmative defense and shall be tried at the same proceeding and before the same trier of fact as the charges to which not guilty by reason of insanity is offered as a defense.
2. This section shall apply to offenses committed on or after July 1, 1995.

Source: L. 96: Entire section added, p. 3, § 1, effective January 31.

16-8-105. Procedure after plea for offenses committed before July 1, 1995.

1. When a plea of not guilty by reason of insanity is accepted, the court shall forthwith commit the defendant for a sanity examination, specifying the place and period of commitment.
2. Upon receiving the report of the sanity examination, the court shall immediately set the case for trial to a jury on the issue raised by the plea of not guilty by reason of insanity. In all cases except class 1, class 2, and class 3 felonies, the defendant may waive jury trial by an express written instrument or announcement in open court appearing of record. If the court and the district attorney consent, jury trial may be waived in a class 1, class 2, or class 3 felony case. Every person is presumed to be sane; but, once any evidence of insanity is introduced, the people have the burden of proving sanity beyond a reasonable doubt.
3. If the trier of fact finds the defendant was sane at the time of commission of the offense, the court, unless it has reason to believe that the defendant is incompetent to proceed or the question is otherwise raised as provided in section 16-8.5-102, shall immediately set the case for trial on the issues raised by the plea of not guilty. If the question of whether the defendant is incompetent to proceed is raised, the court shall follow the procedure set forth in section 16-8.5-103.
4. If the trier of fact finds the defendant not guilty by reason of insanity, the court shall commit the defendant to the custody of the department of human services until such time as he is found eligible for release. The executive director of the department of human services shall designate the state facility at which the defendant shall be held for care and psychiatric treatment and may transfer the defendant from one institution to another if in the opinion of the director it is desirable to do so in the interest of the proper care, custody, and treatment of the defendant or the protection of the public or the personnel of the facilities in question.
5. This section shall apply to offenses committed before July 1, 1995.

Source: L. 72: R&RE, p. 226, § 1. C.R.S. 1963: § 39-8-105. L. 75: (2) amended, p. 613, § 1, effective July 1. L. 94: (4) amended, p. 2648, § 118, effective July 1. L. 96: (5) added, p. 5, § 2, effective January 31. L. 2008: (3) amended, p. 1851, § 5, effective July 1.

Cross references: For the legislative declaration contained in the 1994 act amending subsection (4), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act amending subsection (3), see section 1 of chapter 389, Session Laws of Colorado 2008.

16-8-105.5. Procedure after plea for offenses committed on or after July 1, 1995.

1. When a plea of not guilty by reason of insanity is accepted, the court shall forthwith commit the defendant for a sanity examination, specifying the place and period of commitment.
2. Upon receiving the report of the sanity examination, the court shall immediately set the case for trial. Every person is presumed to be sane; but, once any evidence of insanity is introduced, the people have the burden of proving sanity beyond a reasonable doubt.
3. When the affirmative defense of not guilty by reason of insanity has been raised, the jury shall be given special verdict forms containing interrogatories. The trier of fact shall decide first the question of guilt as to felony charges that are before the court. If the trier of fact concludes that guilt has been proven beyond a reasonable doubt as to one or more of the felony charges submitted for consideration, the special interrogatories shall not be answered. Upon completion of its deliberations on the felony charges as previously set forth in this subsection (3), the trier of fact shall consider any other charges before the court in a similar manner; except that it shall not answer the special interrogatories regarding such charges if it has previously found guilt beyond a reasonable doubt with respect to one or more felony charges. The interrogatories shall provide for specific findings of the jury with respect to the affirmative defense of not guilty by reason of insanity. When the court sits as the trier of fact, it shall enter appropriate specific findings with respect to the affirmative defense of not guilty by reason of insanity.
4. If the trier of fact finds the defendant not guilty by reason of insanity, the court shall commit the defendant to the custody of the department of human services until such time as the defendant is found eligible for release. The executive director of the department of human services shall designate the state facility at which the defendant shall be held for care and psychiatric treatment and may transfer the defendant from one facility to another if in the opinion of the director it is desirable to do so in the interest of the proper care, custody, and treatment of the defendant or the protection of the public or the personnel of the facilities in question.
5. This section shall apply to offenses committed on or after July 1, 1995.

Source: L. 96: Entire section added, p. 4, § 1, effective January 31.

16-8-106. Examinations and report.

1. 1. All examinations ordered by the court in criminal cases shall be accomplished by the entry of an order of the court specifying the place where such examination is to be conducted and the period of time allocated for such examination. The defendant may be committed for such examination to the Colorado psychiatric hospital in Denver, the Colorado mental health institute at Pueblo, the place where he or she is in custody, or such other public institution designated by the court. In determining the place where such examination is to be conducted, the court shall give priority to the place where the defendant is in custody, unless the nature and circumstances of the examination require designation of a different facility. The defendant shall be observed and examined by one or more psychiatrists or forensic psychologists during such period as the court directs. For good cause shown, upon motion of the prosecution or defendant, or upon the court's own motion, the court may order such further or other examination as is advisable under the circumstances. Nothing in this section shall abridge the right of the defendant to procure an examination as provided in section 16-8-108.
   2. An interview conducted in any case that includes a class 1 or class 2 felony charge or a felony sex offense charge described in section 18-3-402, 18-3-404, 18-3-405, or 18-3-405.5, C.R.S., pursuant to this section must be video and audio recorded and preserved. The court shall advise the defendant that any examination with a psychiatrist or forensic psychologist may be video and audio recorded. A copy of the recording must be provided to all parties and the court with the examination report. Any jail or other facility where the court orders the examination to take place must permit the recording to occur and must provide the space and equipment necessary for such recording. If space and equipment are not available, the sheriff or facility director shall attempt to coordinate a location and the availability of equipment with the court, which may consult with the district attorney and defense counsel for an agreed upon location. If no agreement is reached, and upon the request of either the defense counsel or district attorney, the court shall order the location of the examination, which may include the Colorado mental health institute at Pueblo.
   3. 1. Prior to or during any examination required by this section, the psychiatrist or forensic psychologist shall assess whether the recording of the examination is likely to cause or is causing mental or physical harm to the defendant or others or will make the examination not useful to the expert forensic opinion. If such a determination is made and documented contemporaneously in writing, the psychiatrist or forensic psychologist shall not record the examination or shall cease recording the examination, and the psychiatrist or forensic psychologist shall advise the court and the parties of this determination and the reasons therefore in a written report to the court. If only a partial recording is made, the psychiatrist or forensic psychologist shall provide the partial recording to the court and the parties, and the partial recording may be used by any psychiatrist or forensic psychologist in forming an opinion, submitting a report, or testifying on the issue of the defendant's mental health.
      2. If the examination is not recorded in whole or in part, the written report explaining the decision not to record the examination is admissible as evidence, and, at the request of either party, the court shall instruct the jury that failure to record the examination may be considered by the jury in determining the weight to afford the expert witness testimony.
      3. The psychiatrist or forensic psychologist does not need to record the administration of psychometric testing that involves the use of copyrighted material.
   4. The court shall determine the admissibility of any recording or partial recording, in whole or in part, subject to all available constitutional and evidentiary objections.
2. 1. The defendant shall have a privilege against self-incrimination during the course of an examination under this section. The fact of the defendant's noncooperation with psychiatrists, forensic psychologists, and other personnel conducting the examination may be admissible in the defendant's trial on the issue of insanity or impaired mental condition and in any sentencing hearing held pursuant to section 18-1.3-1201 or 18-1.3-1302, C.R.S. This paragraph (a) shall apply only to offenses committed before July 1, 1995.
   2. The defendant shall have a privilege against self-incrimination during the course of an examination under this section. The fact of the defendant's noncooperation with psychiatrists, forensic psychologists, and other personnel conducting the examination may be admissible in the defendant's trial on the issue of insanity and in any sentencing hearing held pursuant to section 18-1.3-1201 or 18-1.4-102, C.R.S. This paragraph (b) shall apply to offenses committed on or after July 1, 1995, but prior to July 1, 1999.
   3. The defendant shall cooperate with psychiatrists, forensic psychologists, and other personnel conducting any examination ordered by the court pursuant to this section. Statements made by the defendant in the course of the examination shall be protected as provided in section 16-8-107. If the defendant does not cooperate with psychiatrists, forensic psychologists, and other personnel conducting the examination, the court shall not allow the defendant to call any psychiatrist, forensic psychologist, or other expert witness to provide evidence at the defendant's trial concerning the defendant's mental condition including, but not limited to, providing evidence on the issue of insanity or at any sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102. In addition, the fact of the defendant's noncooperation with psychiatrists, forensic psychologists, and other personnel conducting the examination may be admissible in the defendant's trial to rebut any evidence introduced by the defendant with regard to the defendant's mental condition including, but not limited to, the issue of insanity and in any sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102. This subsection (2)(c) applies to offenses committed on or after July 1, 1999.
3. 1. To aid in forming an opinion as to the mental condition of the defendant, it is permissible in the course of an examination under this section to use confessions and admissions of the defendant and any other evidence of the circumstances surrounding the commission of the offense, as well as the medical and social history of the defendant, in questioning the defendant. When the defendant is noncooperative with psychiatrists, forensic psychologists, and other personnel conducting the examination, an opinion of the mental condition of the defendant may be rendered by such psychiatrists, forensic psychologists, or other personnel based upon such confessions, admissions, and any other evidence of the circumstances surrounding the commission of the offense, as well as the known medical and social history of the defendant, and such opinion may be admissible into evidence at trial and in any sentencing hearing held pursuant to section 18-1.3-1201 or 18-1.3-1302, C.R.S. It shall also be permissible to conduct a narcoanalytic interview of the defendant with such drugs as are medically appropriate and to subject the defendant to polygraph examination. In any trial or hearing on the issue of the defendant's sanity, eligibility for release, or impaired mental condition, and in any sentencing hearing held pursuant to section 18-1.3-1201 or 18-1.3-1302, C.R.S., the physicians and other personnel conducting the examination may testify to the results of any such procedures and the statements and reactions of the defendant insofar as the same entered into the formation of their opinions as to the mental condition of the defendant both at the time of the commission of the alleged offense and at the present time. This paragraph (a) shall apply only to offenses committed before July 1, 1995.
   2. To aid in forming an opinion as to the mental condition of the defendant, it is permissible in the course of an examination under this section to use confessions and admissions of the defendant and any other evidence of the circumstances surrounding the commission of the offense, as well as the medical and social history of the defendant, in questioning the defendant. When the defendant is noncooperative with psychiatrists, forensic psychologists, and other personnel conducting the examination, an opinion of the mental condition of the defendant may be rendered by such psychiatrists, forensic psychologists, or other personnel based upon such confessions, admissions, and any other evidence of the circumstances surrounding the commission of the offense, as well as the known medical and social history of the defendant, and such opinion may be admissible into evidence at trial and in any sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102. It shall also be permissible to conduct a narcoanalytic interview of the defendant with such drugs as are medically appropriate and to subject the defendant to polygraph examination. In any trial or hearing on the issue of the defendant's sanity or eligibility for release, and in any sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102, the physicians and other personnel conducting the examination may testify to the results of any such procedures and the statements and reactions of the defendant insofar as the same entered into the formation of their opinions as to the mental condition of the defendant both at the time of the commission of the alleged offense and at the present time. This subsection (3)(b) applies to offenses committed on or after July 1, 1995.
   3. For offenses committed on or after July 1, 1999, when a defendant undergoes an examination pursuant to the provisions of paragraph (b) of this subsection (3) because the defendant has given notice pursuant to section 16-8-107 (3) that he or she intends to introduce expert opinion evidence concerning his or her mental condition, the physicians, forensic psychologists, and other personnel conducting the examination may testify to the results of any such procedures and the statements and reactions of the defendant insofar as such statements and reactions entered into the formation of their opinions as to the mental condition of the defendant.
4. A written report of the examination shall be prepared in triplicate and delivered to the clerk of the court which ordered it. The clerk shall furnish a copy of the report both to the prosecuting attorney and the counsel for the defendant.
5. With respect to offenses committed before July 1, 1995, the report of examination shall include, but is not limited to:
   1. The name of each physician, forensic psychologist, or other expert who examined the defendant; and
   2. A description of the nature, content, extent, and results of the examination and any tests conducted; and
   3. A diagnosis and prognosis of the defendant's physical and mental condition; and
   4. 1. An opinion as to whether the defendant suffers from a mental disease or defect; and, if so,
      2. Separate opinions as to whether the defendant was insane or had an impaired mental condition at the time of the commission of the act or is ineligible for release, as those terms are defined in this article, and, in any class 1 felony case, an opinion as to how the mental disease or defect affects any mitigating factor. The nature of the opinions required depends upon the type of examination ordered by the court.
6. With respect to offenses committed on or after July 1, 1995, the report of examination shall include, but is not limited to, the items described in subsections (5)(a), (5)(b), and (5)(c) of this section, and:
   1. An opinion as to whether the defendant suffered from a mental disease or defect or from a condition of mind caused by mental disease or defect that prevented the person from forming the culpable mental state that is an essential element of any crime charged; and, if so,
   2. Separate opinions as to whether the defendant was insane or is ineligible for release, as those terms are defined in this article 8, and, in any class 1 felony case for an offense charged prior to July 1, 2020, an opinion as to how the mental disease or defect or the condition of mind caused by mental disease or defect affects any mitigating factor. The nature of the opinions required depends upon the type of examination ordered by the court.
7. With respect to offenses committed on or after July 1, 1999, when a defendant has undergone an examination pursuant to the provisions of this section because the defendant has given notice pursuant to section 16-8-107 (3) that he or she intends to introduce expert opinion evidence concerning his or her mental condition, the report of examination shall include, but is not limited to, the items described in subsections (5)(a), (5)(b), and (5)(c) of this section, and:
   1. An opinion as to whether the defendant suffered from a mental disease or defect or from a condition of mind caused by mental disease or defect that affected the defendant's mental condition; and, if so,
   2. Separate opinions as to the defendant's mental condition including, but not limited to, whether the defendant was insane or is ineligible for release, as those terms are defined in this article 8, and, in any class 1 felony case for an offense charged prior to July 1, 2020, an opinion as to how the mental disease or defect or the condition of mind caused by mental disease or defect affects any mitigating factor. The nature of the opinions required depends upon the type of examination ordered by the court.

Source: L. 72: R&RE, p. 227, § 1. C.R.S. 1963: § 39-8-106. L. 73: p. 500, § 1. L. 83: (1), (2), (3), and (5)(e) amended, p. 674, § 4, effective July 1. L. 91: (1) amended, p. 1142, § 3, effective May 18. L. 95: (2), (3), and IP(5) amended and (6) added, p. 75, § 9, effective July 1. L. 98: (2), (3), (5)(d), and (6) amended, p. 382, § 3, effective April 21. L. 99: (2)(b) amended and (2)(c), (3)(c), and (7) added, pp. 401, 402, §§ 1, 2, 3, effective July 1. L. 2002: (2), (3)(a), and (3)(b) amended, p. 1492, § 137, effective October 1. L. 2002, 3rd Ex. Sess.: (2)(b), (2)(c), and (3)(b) amended, pp. 29, 30, §§ 19, 20, effective July 12. L. 2006: (1) amended, p. 177, § 1, effective March 31. L. 2008: (1), (2), (3), (5)(d)(II), (6)(b), and (7)(b) amended, p. 1851, § 6, effective July 1. L. 2013: (1), (2), (3), and (5)(a) amended, (SB 13-116), ch. 115, p. 394, § 4, effective August 7. L. 2016: (1) amended, (SB 16-019), ch. 297, p. 1206, § 1, effective January 1, 2017. L. 2020: (2)(c), (3)(b), IP(6), (6)(b), IP(7), and (7)(b) amended, (SB 20-100), ch. 61, p. 205, § 4, effective March 23.

Cross references: For the legislative declaration contained in the 2002 act amending subsections (2), (3)(a), and (3)(b), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2002 act amending subsections (2)(b), (2)(c), and (3)(b), see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session. For the legislative declaration contained in the 2008 act amending subsections (1), (2), (3), (5)(d)(II), (6)(b), and (7)(b), see section 1 of chapter 389, Session Laws of Colorado 2008.

16-8-106.5. Competency evaluation advisory board - creation - membership - duties - rules - repeal. (Repealed)

Source: L. 2007: Entire section added, p. 40, § 1, effective March 8. L. 2008: Entire section repealed, p. 1854 § 7, effective July 1.

Editor's note: In 2008, this section was relocated to § 16-8.5-119.

Cross references: For the legislative declaration contained in the 2008 act repealing this section, see section 1 of chapter 389, Session Laws of Colorado 2008.

16-8-107. Evidence.

1. 1. Except as provided in this subsection (1), no evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a court-ordered examination under section 16-8-106 or acquired pursuant to section 16-8-103.6 is admissible against the defendant on the issues raised by a plea of not guilty, if the defendant is put to trial on those issues, except to rebut evidence of his or her mental condition introduced by the defendant to show incapacity to form a culpable mental state; and, in such case, that evidence may be considered by the trier of fact only as bearing upon the question of capacity to form a culpable mental state, and the jury, at the request of either party, shall be so instructed.
   2. Evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a court-ordered examination under section 16-8-108 or acquired pursuant to section 16-8-103.6 is admissible at any sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102 only to prove the existence or absence of any mitigating factor.
   3. If the defendant testifies in his or her own behalf upon the trial of the issues raised by the plea of not guilty, or at a sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102, the provisions of this section shall not bar any evidence used to impeach or rebut the defendant's testimony.
   1. (1.5) (a) Except as otherwise provided in this subsection (1.5), evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a court-ordered examination pursuant to section 16-8-106 or acquired pursuant to section 16-8-103.6 is admissible only as to the issues raised by the defendant's plea of not guilty by reason of insanity, and the jury, at the request of either party, shall be so instructed; except that, for offenses committed on or after July 1, 1999, such evidence shall also be admissible as to the defendant's mental condition if the defendant undergoes the examination because the defendant has given notice pursuant to subsection (3) of this section that he or she intends to introduce expert opinion evidence concerning his or her mental condition.
   2. Evidence acquired directly or indirectly for the first time from a communication derived from the defendant's mental processes during the course of a court-ordered examination under section 16-8-106 or acquired pursuant to section 16-8-103.6 is admissible at any sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102 only to prove the existence or absence of any mitigating factor.
   3. If the defendant testifies in his or her own behalf, the provisions of this section shall not bar any evidence used to impeach or rebut the defendant's testimony. This subsection (1.5) shall apply to offenses committed on or after July 1, 1995.
2. In any trial or hearing concerning the defendant's mental condition, physicians, forensic psychologists, and other experts may testify as to their conclusions reached from their examination of hospital records, laboratory reports, X rays, electroencephalograms, and psychological test results if the material which they examined in reaching their conclusions is produced at the time of the trial or hearing.
3. 1. In no event shall a court permit a defendant to introduce evidence relevant to the issue of insanity, as described in section 16-8-101.5, unless the defendant enters a plea of not guilty by reason of insanity, pursuant to section 16-8-103.
   2. Regardless of whether a defendant enters a plea of not guilty by reason of insanity pursuant to section 16-8-103, the defendant shall not be permitted to introduce evidence in the nature of expert opinion concerning his or her mental condition without having first given notice to the court and the prosecution of his or her intent to introduce such evidence and without having undergone a court-ordered examination pursuant to section 16-8-106. A defendant who places his or her mental condition at issue by giving such notice waives any claim of confidentiality or privilege as provided in section 16-8-103.6. Such notice shall be given at the time of arraignment; except that the court, for good cause shown, shall permit the defendant to inform the court and prosecution of the intent to introduce such evidence at any time prior to trial. Any period of delay caused by the examination and report provided for in section 16-8-106 shall be excluded, as provided in section 18-1-405 (6)(a), C.R.S., from the time within which the defendant must be brought to trial.
   3. The provisions of this subsection (3) shall apply to offenses committed on or after July 1, 1999.

Source: L. 72: R&RE, p. 228, § 1. C.R.S. 1963: § 39-8-107. L. 83: (1) amended, p. 675, § 5, effective July 1. L. 87: (1) amended, p. 623, § 3, effective July 1. L. 96: (1.5) added, p. 5, § 3, effective January 31. L. 98: (1) and (1.5) amended, p. 384, § 4, effective April 21. L. 99: (1.5)(a) amended and (3) added, p. 402, § 4, effective July 1. L. 2002: (1)(b), (1)(c), and (1.5)(b) amended, p. 1493, § 138, effective October 1. L. 2002, 3rd Ex. Sess.: (1)(b), (1)(c), and (1.5)(b) amended, pp. 31, 32, §§ 21, 22, effective July 12. L. 2013: (2) amended, (SB 13-116), ch. 115, p. 396, § 5, effective August 7. L. 2020: (1)(b), (1)(c), and (1.5)(b) amended, (SB 20-100), ch. 61, p. 207, § 5, effective March 23.

Cross references: (1) For the introduction of evidence of a physician or surgeon or certified psychologist without first obtaining the consent of the patient, see § 13-90-107 (1)(d) and (1)(g).

(2) For the legislative declaration contained in the 2002 act amending subsections (1)(b), (1)(c), and (1.5)(b), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2002 act amending subsections (1)(b), (1)(c), and (1.5)(b), see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session.

16-8-108. Examination at instance of defendant.

1. 1. If the defendant wishes to be examined by a psychiatrist, psychologist, or other expert of his own choice in connection with any proceeding under this article, the court, upon timely motion, shall order that the examiner chosen by the defendant be given reasonable opportunity to conduct the examination. An interview conducted pursuant to a court order under this section must be video and audio recorded and preserved. The court shall advise the defendant that any examination with a psychiatrist or forensic psychologist may be audio and video recorded. A copy of the recording must be provided to the prosecution with the examination report. Any jail or other facility where the court orders the examination to take place must permit the recording to occur and must provide the space and equipment necessary for such recording, if available. If space and equipment are not available, the sheriff or facility director shall attempt to coordinate a location and the availability of equipment with the court, which may consult with the district attorney and defense counsel for an agreed upon location. If no agreement is reached, and upon the request of either the defense counsel or district attorney, the court shall order the location of the examination, which may include the Colorado mental health institute at Pueblo.
   2. Prior to or during any examination required by this section, the psychiatrist or forensic psychologist shall assess whether the recording of the examination is likely to cause or is causing mental or physical harm to the defendant or others. If such a determination is made and documented contemporaneously in writing, the psychiatrist or forensic psychologist shall not record the examination or shall cease recording the examination, and the psychiatrist or forensic psychologist shall advise the court and the parties of this determination and the reasons therefore in a written report to the court. If only a partial recording is made, the psychiatrist or forensic psychologist shall provide the partial recording to the court and the parties, and the partial recording may be used by any psychiatrist or forensic psychologist in forming an opinion, submitting a report, or testifying on the issue of the defendant's mental health.
   3. The court shall determine the admissibility of any recording or partial recording, in whole or in part, subject to all available constitutional and evidentiary objections.
2. A copy of any report of examination of the defendant made at the instance of the defense shall be furnished to the prosecution a reasonable time in advance of trial.

Source: L. 72: R&RE, p. 229, § 1. C.R.S. 1963: § 39-8-108. L. 87: (2) amended, p. 623, § 4, effective July 1. L. 2016: (1) amended, (SB 16-019), ch. 297, p. 1207, § 2, effective January 1, 2017.

16-8-109. Testimony of lay witnesses.

In any trial or hearing in which the mental condition of the defendant is an issue, witnesses not specially trained in psychiatry or psychology may testify as to their observation of the defendant's actions and conduct, and as to conversations which they have had with him bearing upon his mental condition, and they shall be permitted to give their opinions or conclusions concerning the mental condition of the defendant.

Source: L. 72: R&RE, p. 229, § 1. C.R.S. 1963: § 39-8-109.