§ 14-21. Posting bond.

(a)

Each person served with a summons who has signed a promise to appear is deemed to have given a personal recognizance in the amount of the bond set for the violation of the bond schedule of the municipal judge.

(b)

Each person served with a summons for a moving traffic violation whose driver's license or other identification does not show residence in the State of Colorado and the counties of Eagle, Grand, Moffat, and Routt, shall post a cash bond to secure appearance at arraignment.

(1)

Such bonds may be posted at the municipal court if the municipal court is in session, at the police department if the municipal court is not in session, or by the defendant mailing a cash deposit to the municipal court in an envelope furnished by the citing officer with the citing officer as witness to the deposit of the funds in a mailbox.

(2)

The cash bond may be waived and a personal recognizance bond in the amount specified in the bond schedule may be substituted if the person meets the criteria established by the municipal judge for release upon personal recognizance.

(c)

In order to secure appearance at trial, all cash bonds posted prior to arraignment shall be continued for all cases not disposed of at arraignment. Persons setting cases for trial who have not previously posted a cash bond shall post a cash bond in an amount established by the judge. The judge may accept personal recognizance bonds in a sum certain from indigent persons or in the case of hardship in lieu of cash bonds.

(d)

The municipal judge shall establish a bond schedule of amounts that must be deposited to qualify for bail.

(e)

If a person does not post a required bond, the person shall be brought before the judge to establish conditions of release (including without limitation, a bond) pending arraignment before a judge. Personal appearance before the judge is not necessary, and such hearings may be held by telephone, provided a record is made of the date, time, and place of the person's appearance before the judge and the conditions set by the judge for release.

(f)

The judge may accept one or a combination of the following bonds:

(1)

A personal recognizance consisting of the person's promise to appear in court for all proceedings and agreement to forfeit a sum certain for failure to appear;

(2)

A cash or security bond secured by the undertakings of a corporate or private surety acceptable to the judge or by the deposit of an equal amount of cash or any other property in lieu thereof.

(g)

In addition to the bonds set forth in this section, the judge may impose conditions of release, including without limitation:

(1)

Releasing the person into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant to appear in court;

(2)

Imposing reasonable restrictions on the person's activities, movements, associations, and residences;

(3)

Releasing the person during working hours but requiring the person to return to custody at specified times; or

(4)

Imposing any other reasonable restrictions and conditions designed to ensure the person's appearance before the municipal court.

(h)

Any bond that may be posted or fine that may be paid in cash may also be paid by check, if the police or municipal court officer receiving such bond is satisfied that the check will be honored. The city manager may enter into an agreement with one or more credit card companies for payments of bonds, costs, or fines by credit card and establish the conditions under which police or municipal court officials may accept payment by credit card.