19. Right to bail - exceptions

• Cite as: Colo. Const. art. II § 19

(1) All persons shall be bailable by sufficient sureties pending disposition of charges except:

(a) For capital offenses when proof is evident or presumption is great; or

(b) When, after a hearing held within ninety-six hours of arrest and upon reasonable notice, the court finds that proof is evident or 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:

(I) A crime of violence, as may be defined by the general assembly, alleged to have been committed while on probation or parole resulting from the conviction of a crime of violence;

(II) A crime of violence, as may be defined by the general assembly, 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;

(III) A crime of violence, as may be defined by the general assembly, 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; or

(c) (Deleted by amendment, L. 94, p. 2853, effective upon proclamation of the Governor, L. 95, p. 1434, January 1, 1995.)

(2) 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 days after the date on which bail is denied. If the trial is not commenced within ninety 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.

(2.5)

(a) The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by statute as enacted by the general assembly; except that no bail is allowed for persons convicted of:

(I) Murder;

(II) Any felony sexual assault involving the use of a deadly weapon;

(III) Any felony sexual assault committed against a child who is under fifteen years of age;

(IV) A crime of violence, as defined by statute enacted by the general assembly; or

(V) Any felony during the commission of which the person used a firearm.

(b) The court shall not set bail that is otherwise allowed pursuant to this subsection (2.5) unless the court finds that:

(I) The person is unlikely to flee and does not pose a danger to the safety of any person or the community; and

(II) The appeal is not frivolous or is not pursued for the purpose of delay.

(3) This section shall take effect January 1, 1995, and shall apply to offenses committed on or after said date.

Cite as Colo. Const. art. II § 19

Source:

Entire article added, effective August 1, 1876, see L. 1877, p. 31. L. 82: Entire section R&RE, p. 685, effective January 1, 1983. L. 94: Entire section amended, p. 2853, effective upon proclamation of the Governor, L. 95, p. 1434, January 19, 1995.

Editor's Note:

For the proclamation of the Governor, December 30, 1982, see L. 83, p. 1671.

ANNOTATION

Law reviews. For article, "Some Legal Aspects of the Colorado Coal Strike", see 4 Den. B. Ass'n Rec. 22 (Dec. 1927). For article, "Martial Law in Colorado", see 5 Den. B. Ass'n Rec. 4 (Feb. 1928). For article, "One Year Review of Criminal Law and Procedure", see 40 Den. L. Ctr. J. 89 (1963).

Annotator's note. The following annotations include cases decided under the prior version of this section.

Purpose of bail is to insure the defendant's presence at the time of trial and not to punish a defendant before he has been convicted. Lucero v. District Court, 188 Colo. 67, 532 P.2d 955 (1975); L.O.W. v. District Court, 623 P.2d 1253 (Colo. 1981).

The purpose of confining the defendant before trial is not for punishment but to insure his presence at the trial. People v. Spinuzzi, 149 Colo. 391, 369 P.2d 427 (1962).

This section confers absolute right to bail in all cases, except for capital offenses, where the proof is evident and the presumption is great that the accused committed the crime. Gladney v. District Court, 188 Colo. 365, 535 P.2d 190 (1975); L.O.W. v. District Court, 623 P.2d 1253 (Colo. 1981).