C.R.S. § 13-10-111.5: Notice to municipal courts of municipal holds.

(1) If a person is detained in a jail on a municipal hold and does not immediately receive a personal recognizance bond, the jail shall promptly notify the municipal court of any municipal hold; except that, if the municipal hold is the sole basis to detain the person, the jail shall notify the municipal court of the municipal hold within four hours. All municipal courts shall establish an email address, if internet service is available, whereby the municipal court can receive notifications from jails. If internet service is not available, the municipal court shall establish a telephone line with voicemail for the same purpose. All jails shall be deemed to have met this notice requirement by sending an email, fax, or teletype to the municipal court or, if these options are unavailable, leaving a voicemail with the municipal court, relaying the notice required in this section.

(2) Once a municipal court receives notice that a defendant is being held solely on the basis of a municipal hold, the municipal court shall hold a hearing within forty-eight hours after the receipt of the notice. The county sheriff or municipal jail administrator shall make the in-custody defendant available to appear in a timely manner before a municipal judge for a hearing required by this subsection (2) at the date and time mutually agreed to by the county sheriff and municipal court. This subsection (2) does not require the county sheriff or municipal jail administrator to transport the in-custody defendant to the municipal court. It is not a violation of this section if a bond hearing is not held within forty-eight hours when the delay is caused by circumstances in which the defendant refuses to attend court, is unable to attend court due to drug or alcohol use, a serious medical or behavioral health emergency, or when the delay is caused by an emergency that requires the court to close. When a defendant is unable to attend court, the sheriff or municipal jail administrator shall provide the court and municipal public defender's office, if one exists, with a list of people subject to this section who did not timely attend court, the date of the person's arrest, and the location where the person is in custody. The sheriff or municipal jail administrator shall document the length of the delay, the reason for the delay, and the efforts to abate the emergency. As soon as the emergency has sufficiently abated, the sheriff or municipal jail administrator shall make the in-custody defendant available to appear before the municipal court at the next scheduled bond hearing. Use of audiovisual conferencing technology is permissible to expedite the hearing. When high-speed internet access is unavailable, making audiovisual conferencing impossible, the court may conduct the hearing telephonically.

(3) (a) At the hearing required pursuant to subsection (2) of this section, the municipal court shall either:

(I) Arraign the defendant, including advisement, bond setting, and plea, unless the defendant seeks a plea continuance; or

(II) If the defendant was arrested for failure to appear, conduct the proceedings for which the defendant failed to appear, unless that proceeding is a trial or an evidentiary hearing or requires the presence of a witness.

(b) If the case is not resolved at this hearing, the municipal court shall immediately conduct a bond hearing to consider and set the least restrictive conditions, if any, for the defendant's release on bond.

(c) (I) At the hearing required pursuant to subsection (2) of this section, the defendant has the right to be represented by court-appointed indigent defense counsel pursuant to section 13-10-114.5.

(II) (A) Before the hearing required pursuant to subsection (2) of this section, the court shall notify indigent defense counsel of each person in custody and provide indigent defense counsel sufficient time to prepare for and present at the hearing an individualized argument regarding the type of bond and conditions of release, consistent with the court's docket and scheduling priorities.

(B) Before the hearing required pursuant to subsection (2) of this section, the sheriff and jail personnel shall provide indigent defense counsel access to the defendant who will be appearing at the hearing and shall allow indigent defense counsel sufficient time with the defendant prior to the hearing in order to prepare for the hearing.

(III) The municipal court shall notify the prosecuting attorney of each person whose matter is set for a hearing required pursuant to subsection (2) of this section. The prosecuting attorney may appear at all initial hearings to provide the prosecuting attorney's position regarding the type of bond and conditions of release, and the court shall provide the prosecuting attorney sufficient time to prepare for and present any relevant argument, consistent with the court's docket and scheduling priorities.

(IV) Prior to the hearing required pursuant to subsection (2) of this section, any pretrial services agency operating in that municipality, or any other agency that reports to the court, that has conducted a pretrial release assessment or gathered information for the court's consideration at the hearing shall provide the prosecuting attorney and the defendant's attorney all information provided to the court regarding the defendant in custody, which must include, if provided to the court, the arrest warrant, the probable cause statement, and the defendant's criminal history.

(4) If the defendant does not appear before the municipal court for a hearing within the time frames required by subsection (2) of this section, the jail holding the defendant shall release the defendant on an unsecured personal recognizance bond with no other conditions returnable to the municipal court. This subsection (4) does not apply if the defendant refused to cooperate with the court's attempts to hold the hearing in compliance with subsection (2) of this section.

(5) Each municipal court shall adopt standing orders to implement subsection (4) of this section and shall provide the orders to each jail in the county where the municipal court is located. In every arrest warrant issued by a municipal court, the municipal court shall order that the defendant be released on a personal recognizance bond with no other conditions if the defendant does not appear before the municipal court for a hearing within the time frames required by subsection (2) of this section.