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EIGHTEENTH JUDICIAL DISTRICT: ARAPAHOE,
DOUGLAS, ELBERT and LINCOLN COUNTIES,
COLORADO
Arapahoe County Justice Center
7325 South Potomac Street
Centennial, Colorado 80112
Arapahoe County Courthouse—Littleton
1790 West Littleton Boulevard
Littleton, Colorado 80120
Douglas County Courthouse
4000 Justice Way, #2009
Castle Rock, Colorado 80104
Elbert County Courthouse
PO Box 232, 751 Ute Street
Kiowa, Colorado 80117
Lincoln County Courthouse
PO Box 128, 103 Third Avenue
Hugo, Colorado 80821
•COURT USE ONLY •
CJO 19-05
Division 201
CHIEF JUDGE ORDER SETTING FORTH BOND GUIDELINES
The following bond guidelines are intended to assist judicial officers determine the type
of bond and conditions of release at the first appearance of a person in custody who is accused of
a criminal offense in the Eighteenth Judicial District (Arapahoe, Douglas, Elbert, and Lincoln
Counties, Colorado).
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If the type of bond and conditions of release have been fixed upon return
of the indictment or filing of the information or complaint, the judicial officer shall review the
propriety of the type of bond and conditions of release upon first appearance of a person in
custody.
A. General Guidelines
● Objectives. 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. § 16-4-103(3)(a), C.R.S. (2018).
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These bond guidelines may also be used by law enforcement in the Eighteenth Judicial District when applicable
and necessary, except where specifically prohibited as outlined in this Chief Judge Order. See § 16-4-103, C.R.S.
(2018); § 16-2-111, C.R.S. (2018).
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● Presumption of Eligibility for Release, Reasonableness of Monetary Condition,
Individualized Determination, and Prevention of Unnecessary Detention. In
determining the type of bond and conditions of release, the judicial officers shall:
(a) presume that all persons in custody are eligible for release on bond with the
appropriate and least-restrictive conditions consistent with the preceding
paragraph unless a person is otherwise ineligible for release under Colorado law;
(b) be mindful that 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; (c) incorporate into their determination 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 (d)
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. § 16-4-103(4).
● Risk Assessment Instrument. In deciding on the type of bond and conditions of
release, judicial officers shall use an empirically developed risk assessment
instrument, if one is available, designed to improve pretrial release decisions by
providing information that classifies a person in custody based upon predicted
level of risk of pretrial failure. § 16-4-103(3)(b).
● Other Criteria. Judicial officers may also consider the following criteria, listed in
§ 16-4-103(5), as appropriate and relevant in making a determination of the type
of bond and conditions of release:
(a) The employment status and history of the person in custody;
(b) The nature and extent of family relationships of the person in
custody;
(c) Past and present residences of the person in custody;
(d) The character and reputation of the person in custody;
(e) Identity of persons who agree to assist the person in custody in
attending court at the proper time;
(f) The likely sentence, considering the nature and the offense
presently charged;
(g) The prior criminal record, if any, of the person in custody and
any prior failures to appear for court;
(h) Any facts indicating the possibility of violations of the law if
the person in custody is released without certain conditions of
release;
(i) Any facts indicating that the defendant is likely to intimidate or
harass possible witnesses; and
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(j) 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.
• Unsecured Personal Recognizance (“PR”) Bonds under § 16-4-104(2), (3),
C.R.S. (2018):
• Unless the district attorney consents or unless the court imposes certain
additional individualized conditions of release as described in § 16-4-105,
C.R.S. (2018), a person must not be released on an unsecured PR bond under
the following circumstances:
• The person is presently free on another bond of any
kind in another criminal action involving a felony or a
class 1 misdemeanor;
• 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
• 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.
• A person may not be released on an unsecured PR 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 § 16-4-110,
C.R.S. (2018).
● Offenses Punishable by Fine Only. 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. § 16-4-103(6).
B. Guidelines for Cases Requiring a Mandatory Protection Order Before Bond is Set
• In the following cases, before bond is set or posted, the court must issue a mandatory
protection order and must state the terms of the order on the record in the defendant’s
presence, and the defendant must acknowledge on the record receipt of the order:
• Cases involving domestic violence, as defined in § 18–6–800.3(1), C.R.S.
(2018);
• Cases involving stalking pursuant to § 18–3–602, C.R.S. (2018); and
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• Cases involving unlawful sexual behavior pursuant to § 16–22–102(9),
C.R.S. (2018).
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• In such cases, there shall be a no-bond hold until the aforementioned mandatory
protection order requirements have been met. See § 16-4-105(4).
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Pursuant to § 16–22–102(9), “Unlawful sexual behavior” means any of the following offenses or criminal attempt,
conspiracy, or solicitation to commit any of the following offenses:
(a)(I) Sexual assault, in violation of section 18-3-402, C.R.S.; or
(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;
(b) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;
(c)(I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or
(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;
(d) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;
(e) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;
(f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;
(g) Enticement of a child, in violation of section 18-3-305, C.R.S.;
(h) Incest, in violation of section 18-6-301, C.R.S.;
(i) Aggravated incest, in violation of section 18-6-302, C.R.S.;
(j) Human trafficking of a minor for sexual servitude, as described in section 18-3-504(2), C.R.S.;
(j.5) Human trafficking for sexual servitude, as described in section 18-3-504(1);
(k) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;
(l) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;
(m) Indecent exposure, in violation of section 18-7-302, C.R.S.;
(n) Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.;
(o) Pandering of a child, in violation of section 18-7-403, C.R.S.;
(p) Procurement of a child, in violation of section 18-7-403.5, C.R.S.;
(q) Keeping a place of child prostitution, in violation of section 18-7-404, C.R.S.;
(r) Pimping of a child, in violation of section 18-7-405, C.R.S.;
(s) Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.;
(t) Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;
(u) Engaging in sexual conduct in a correctional institution, in violation of section 18-7-701, C.R.S.;
(v) Wholesale promotion of obscenity to a minor, in violation of section 18-7-102(1.5), C.R.S.;
(w) Promotion of obscenity to a minor, in violation of section 18-7-102(2.5), C.R.S.;
(x) Class 4 felony internet luring of a child, in violation of section 18-3-306(3), C.R.S.;
(y) Internet sexual exploitation of a child, in violation of section 18-3-405.4, C.R.S.;
(z) Public indecency, committed in violation of section 18-7-301(2)(b), C.R.S., if a second offense is committed
within five years of the previous offense or a third or subsequent offense is committed;
(aa) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6;
(bb) Second degree kidnapping, if committed in violation of section 18-3-302(3)(a); or
(cc) Unlawful electronic sexual communication, in violation of section 18-3-418.
(dd) Unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.
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C. Bond Guidelines for General Non-Drug Felonies
Felony Charge
Class 6
Class 5
Class 4
Class 3
Class 2
Class 1
D. Bond Guidelines for Drug Felonies
Drug Felony Charge
Bond Amount
Drug Felony 4
$1,000 cash or surety
Drug Felony 3
$5,000 cash or surety
Drug Felony 2
$7,500 cash or surety
Drug Felony 1
$15,000 cash or surety
E. Bond Guidelines for Specific Non-Drug Felonies
$50,000 cash or surety for the following specific non-drug felonies:
• First degree burglary
• Second degree burglary of a dwelling
• First degree assault
• Felony arson
• Child abuse resulting in death or serious bodily injury
• Aggravated robbery
• Escape
• Felony vehicular eluding (if D.U.I. is also charged in the same incident or if it is a class 3
felony)
• Vehicular homicide
• Vehicular assault
• Violation of bail bond conditions pursuant to § 18-8-212(1), C.R.S. (2018), when the
underlying offense involves an offense against a person
• Retaliation against a juror
• Retaliation against a victim or witness
• Retaliation against a judge or magistrate
• Second degree kidnapping that is a class 3 felony
• Unlawful sexual behavior pursuant to § 16-22-102(9) when the offense is a class 3 or
class 4 felony
• Any felony listed under the $25,000 cash or surety category below as to which a crime of
violence sentence-enhancing count has been filed
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$25,000 cash or surety for the following specific non-drug felonies:
• Attempt or conspiracy to commit any offense listed under the $50,000 cash or surety
category above
• Unlawful sexual behavior pursuant to § 16-22-102(9) when the offense is a class 5 or
class 6 felony
• Possession of a weapon by a previous offender
• Second degree burglary (if a dwelling is not involved)
• Second degree assault
• Second degree kidnapping that is a class 4 felony
• Robbery
• Manslaughter
• Criminally negligent homicide
• Felony menacing (if the deadly weapon involved is a firearm)
F. No-Bond Hold Guidelines
• There shall be a no-bond hold for capital offenses when the proof is evident or the
presumption is great that the defendant committed the crime charged. § 16-4-
101(1)(a), C.R.S. (2018).
• Pursuant to § 16-4-101(1)(b), there shall be a no-bond hold 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:
• The defendant is charged with a crime of violence while on probation or
parole resulting from a conviction of a crime of violence
• The defendant is charged with a crime of violence while on bail pending the
disposition of a previous crime of violence charge for which probable cause
has been found
• The defendant is charged with a crime of violence after two previous felony
convictions or one previous felony conviction for a crime of violence
• The defendant is charged with possession of a weapon by a previous offender
alleged to have been committed in violation of § 18-12-108 (2)(b), (2)(c),
(4)(b), (4)(c), or (5), C.R.S. (2018)
• The defendant is charged with sexual assault, as described in § 18-3-402,
C.R.S. (2018); sexual assault in the first degree, as described in § 18-3-402
prior to July 1, 2000; sexual assault in the second degree, as described in §
18-3-403, C.R.S. (2018) prior to July 1, 2000; sexual assault on a child, as
described in § 18-3-405, C.R.S. (2018); or sexual assault on a child by one in
a position of trust, as described in § 18-3-405.3, C.R.S. (2018), in which the
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victim is fourteen years of age or younger and seven or more years younger
than the accused
G. General Guidelines for Traffic Offenses, Misdemeanors, Petty Offenses, and Other Offenses
• Pursuant to § 16-4-113, C.R.S.,
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(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:
(a) The arrested person fails to sufficiently identify himself or herself; or
(b) The arrested person refuses to sign a personal recognizance; or
(c) The continued detention or posting of a surety bond is necessary to prevent imminent
bodily harm to the accused or to another; or
(d) 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
(e) 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
(f) 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) (a) 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.
(b) 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.
(c) 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
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2019 Colo. Legis. Serv. Ch. 132 (H.B. 19-1225).
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condition of release, if the defendant is first informed that the defendant is entitled to
release on a personal recognizance bond.
(d) 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.
(e) The provisions of this subsection (2) do not apply to:
(I) A traffic offense involving death or bodily injury or a municipal offense with
substantially similar elements;
(II) Eluding or attempting to elude a police officer as described in section 42-4-
1413 or a municipal offense with substantially similar elements;
(III) 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
(IV) A municipal offense that has substantially similar elements to a state
misdemeanor offense.
H. Specific Guidelines for Traffic Offenses, Misdemeanors, Petty Offenses, and Other Offenses
1. Specific Guidelines for Traffic Offenses (non-infractions)
• Class 1 traffic offenses $250 PR unless an exception
in Section G applies
• Class 2 traffic offenses $150 PR unless an exception
in Section G applies
• Unclassified traffic offenses $50 PR unless an exception
in Section G applies
2. Specific Guidelines for Misdemeanors
• Class 1 $750 cash or surety
• Class 1 domestic violence related $3000 cash or surety
• Class 1 unlawful sexual behavior (§ 16-22-102) $3000 cash or surety
• Class 2 $500 cash or surety
• Class 2 domestic violence related $1500 cash or surety
• Class 2 unlawful sexual behavior (§ 16-22-102) $1500 cash or surety
• Class 3 $250 PR unless an exception
in Section G applies
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• Unclassified misdemeanors
-- Max. penalty does not exceed 6 months’ imprisonment $250 PR unless an exception
in Section G applies
-- Max. penalty exceeds 6 months’ imprisonment $250 cash or surety
• Drug misdemeanor 1 $250 cash or surety
• Drug misdemeanor 2 $100 cash or surety
3. Specific Guidelines for Certain Non-Felony Offenses
• D.U.I./Excessive alcohol content $1000 cash or surety
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• D.W.A.I. $1000 cash or surety
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• D.U.R. $250 cash or surety
-- Alcohol-related $500 cash or surety
• Eluding $1000 cash or surety
• Leaving scene with injury involved (§ 42-4-1601,
C.R.S. (2018); § 42-4-1603, C.R.S. (2018); § 42-4-1606,
C.R.S. (2018)) $500 cash or surety
• Careless driving, class 1 (with injury or death involved) $500 cash or surety
• Habitual traffic offender $500 cash or surety
• Operating vehicle after circumventing interlock device $500 cash or surety
4. Specific Guideline for Petty Offenses
• All petty offenses $100 PR unless an exception
in Section G applies
These guidelines are not schedules; they are simply guidelines. They shall replace all
previously published bond guidelines and bond schedules in the Eighteenth Judicial District.
Effective this 20
th
day of August of 2019.
BY THE COURT:
____________________
Michelle A. Amico
Chief Judge
Eighteenth Judicial District
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Pursuant to § 16-4-104(4), C.R.S. (2018), “[b]ecause 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.” D.U.I., D.W.A.I., and D.U.I. per se all fall within § 16-4-104(4).
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See Footnote 4.