Bill Would Extend 48-Hour Bond Hearings Law To Municipal Courts

By Faith Miller, Colorado Newsline

February 14, 2022

People charged with crimes in state, county or district courts in Colorado might have to languish in jail for more than two days before getting a bond hearing. This could happen if, for example, a suspect got arrested on a Friday afternoon in a county that didn’t hold hearings on weekends, according to Democratic state Rep. Steven Woodrow of Denver.

That didn’t make sense to Woodrow and many of his colleagues. So last year, Colorado state lawmakers passed House Bill 21-1280 to require that people facing criminal charges in state and county courts would get a bond hearing within 48 hours of being taken to jail.

Democratic Gov. Jared Polis signed HB-1280 into law in July, and it’s set to take effect April 1. But now, some local governments are lining up to oppose a new bill that would expand the law’s requirements.

HB-1280 — sponsored by Woodrow and Rep. Serena Gonzales-Gutierrez, a Denver Democrat, along with Sens. Pete Lee, a Colorado Springs Democrat, and Robert Rodriguez, a Democrat from Denver — left out a sizable chunk of the criminal justice system: municipal or city courts, which mostly prosecute minor offenses like disorderly conduct. People charged in municipal courts might still have to wait more than 48 hours in jail for a bond hearing, while many of those accused of more serious crimes will be able to get in front of a judge sooner.

“That wasn’t the intent,” Woodrow told Newsline. “Sometimes wires get crossed, drafting errors get made — whatever we want to look at it as — and the section of the statute that we utilized doesn’t apply to municipal courts. And so, we are bringing a new bill to rectify that.”

Democratic Rep. Steven Woodrow represents Colorado House District 6. (Courtesy Steven Woodrow campaign)

This year’s House Bill 22-1067, which Woodrow is sponsoring with Gonzales-Gutierrez and Lee, would apply the same 48-hour bond hearing standard included in HB-1280 to Colorado’s municipal courts.

Notably, an earlier bond hearing doesn’t necessarily mean a suspect will be released from jail sooner. A bond hearing provides the opportunity for a judge to consider whether the suspect will show up to their next court date and whether they’d pose a danger to the community if released. Based on the evidence, the judge decides how high to set bail. In less serious cases, the court may allow a suspect to be released from jail on a personal recognizance bond, or PR bond, without the need to pay any cash bail.

Last year’s 48-hour bond hearing bill included funding for a statewide bond hearing officer to conduct hearings via Zoom on weekends and holidays, on behalf of smaller district attorney’s offices that lack the resources to do it themselves. A fiscal analysis of this year’s bill, HB-1067, by nonpartisan legislative staff found that the bill would raise costs for local governments “to the extent that courts hold bond hearings on Sundays and federal holidays instead of releasing defendants on a PR bond.”

“The exact cost, if any, will vary based on locality and will depend on if the court already meets the requirements of the bill and the number of individuals detained in jail and not released on a PR bond on a Friday or Saturday,” the analysis continued.

Colorado Freedom Fund, which pays cash bond for people who can’t afford it, the Colorado Cross-Disability Coalition, which lobbies for people with disabilities, and Together Colorado, which advocates for criminal justice reform and worker rights, are among the organizations supporting HB-1067. Those opposed include the Associated Governments of Northwest Colorado and the cities of Colorado Springs and Westminster.

HB-1067’s first committee hearing is set for Feb. 15.

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