In most cases, arrestees can be released from jail by posting bail set by the courts. Sometimes inmates will first have to appear before a judge before their bail amount is set.
bail is the amount of money a judge believes will be enough to motivate someone to show up for their future court dates. Bail is how the bail money is guaranteed to the court.
Legal rights related to posting money bonds pursuant to section 16-4-102, Colorado Revised Statutes.
1. bail fees, booking fees, and other fees or debts never need to be paid to secure a person’s release on money bail. a payer only needs to post the bail amount to secure release.
2. while it is never a basis for keeping a defendant in jail, the following charges are assessed as a debt to the defendant upon release if the payer chooses not to pay the charges at the time of bail: a $10 bail fee and a maximum of 3.5% credit card payment fee. no other bonus-related fees may be charged at any time, including kiosk fees or fees for payment by cash, check, or money order.
3. bail payments must be made in the name of the holding county and never in the name of the incarcerated person.
4. A bailiff must release a defendant within six hours after a personal recognizance bond is set and the defendant has returned to jail or within six hours after a cash bond has been set and the defendant has returned to jail. returned to jail and the defendant or bondsman has notified the jail that bail is ready to be posted, unless there are extraordinary circumstances. in the case of a delay of more than six hours, the surety and the defendant have the right to know what extraordinary circumstance, if any, is causing the delay. the conditions of supervision of the release do not justify a delay in the release; except that a bailiff may hold a defendant for up to 24 hours if necessary to ensure the defendant has the required electronic monitoring.
5. Anyone posting monetary bail has the right to receive a copy of the bail paperwork, including paperwork for the next court date.
6. A bail bondsman can never be asked to use the bail money posted to pay off the defendant’s debts. Only when defendants have posted their own bail money can they be asked if they would like to voluntarily give up the bail money to pay off their debts. The Defendant is never required to forfeit bail money to pay a debt and it is an entirely voluntary choice of the Defendant.
to file a complaint for a violation of the above subsections
- complete a complaint form (available at any wcso location or from a member in the field) and deliver or mail it to the professional standards lieutenant, or
- complete and submit an online complaint form.
click here to download a copy of the Inmate Reception Policy (pdf, 23kb)
legal rights related to the publication of monetary bonds pursuant to section 16-4-102, colorado revised statutes
1. Bond fees, booking fees, and other fees or debts never need to be paid to secure a person’s bail-out of money. a payer only has to post the bail amount to secure release.
2. Although never a basis for keeping a defendant in jail, the following fees are collectible as a debt to the defendant after release if the payer chooses not to make you pay the fees at the time of bail: a bail fee of $10 and a maximum credit card payment fee of 3.5%. however, bonus-related fees may be charged at any time, including any kiosk fees or fees for payment by cash, check, or money order.
3. Obligation payments will be made to the county of tenure and should never be made out in the name of the incarcerated person.
4. a sheriff must release a defendant within six hours after a personal recognizance bond is set and the defendant has returned to jail or within six hours after a cash bond has been set and the defendant has returned to jail and the defendant or the bond has notified the jail that the bail is ready to be posted, unless extraordinary
In case of delay greater than six hours, the guarantee and the defendant have the right to know what, if any, extraordinary circumstances are causing the delay. the release supervision conditions do not
justify a delay in release; except that a sheriff may hold a defendant for up to 24 hours if necessary to ensure a defendant is equipped with the required electronic monitor.
5. Anyone who posts a monetary bond is entitled to receive a copy of the bail documentation, including documentation of the next court date.
6. You can never be asked for a bond that uses posted bail money to pay a defendant’s debts. Only when defendants have posted their own bail money can they be asked if they would like to voluntarily give up the bond money to pay off their debts. Waiver of bail money by a defendant to pay for a debt is never required and is entirely a voluntary choice of the defendant.
to file a complaint of a violation of the above subsections
- complete a complaint form (available at any wcso location or from a member in the field) and drop or mail it to the professional standards lieutenant, or
- complete and submit a online complaint form.