The United States has the highest incarceration rate in the world, at 655 people per 100,000 of the national population. Although the U.S. makes up only 4.3% of the world population, it houses about 19% of the world’s prisoners. (Walmsley, Roy. “World Prison Population List.” World Prison Brief, Institute for Criminal Policy Research, 11 June 2018, www.prisonstudies.org/sites/default/files/resources/downloads/wppl_12.pdf.)
On May 28th, 2019, Colorado Governor Jared Polis signed a new bill that makes Colorado one of the leading states trending away from the “Incarceration State.” The bill extends new liberties to defendants regarding their pretrial bond. SB19-191 Prompt Pretrial Liberty and Fairness (find full text here), establishes several new rights for defendants. First, defendants have the right to a bond hearing within 48 hours of arriving at a detention or holding facility. As well, defendants now have the right to post bail within 2 hours after the sheriff receives bond information from the court.
The bill also decreases some of the fees and fines assessed when posting bond, capping the bond processing fee at $10 and mandating that no additional kiosk fees be assessed aside from standard credit card processing fees if applicable.
In addition to the changes in speed and cost to a defendant, the custodian of a jail must release a defendant within 4 hours of posting bond if they are present in a jail. Defendants also will be released from the court if they have been granted bond and can meet the requirements of that bond, regardless of if the defendant can pay the associated fees or cost.
The bill alters the current law allowing bond to be used to pay court fees, fines, and other costs if the defendant agrees in writing for the bond to be used as payment.
This new law expands the rights for defendants, minimizing and eliminating many of the associated fees of posting bond, and ensuring that they are given a speedy bond hearing after arriving at a detention center.
If you have been arrested or charged with a crime, it is important to have a successful defense attorney on your side. If you are looking for an experienced and relentless criminal defense attorney, call Krizman Law today at 303-529-2677.
Mr. Krizman is a criminal defense attorney in Denver, Colorado. He specializes in providing relentless defense for domestic violence, DUI, and drug crimes. He is a former public defender who has also worked for a district attorney and is licensed in the State of Colorado, and the United States Federal Court, District of Colorado. Mr. Krizman is a member of the Colorado Criminal Defense Bar, Colorado Bar Association, Denver Bar Association, and Arapahoe County Bar Association. A Colorado native, he has a law degree from the University of Denver Sturm College of Law, and a bachelor’s degree in Government and World Affairs from the University of Tampa. Call him today at 720.819.7317.