DENVER — An El Paso County lawmaker is one of three prime sponsors for a bill that aims to remove the option of a Personal Recognizance (PR) bond for certain defendants accused of a violent crime.
HB25-1072 "Pretrial Release for Repeat Violent Offenses" mirrors proposed legislation that failed in 2024. Unless there was consent from a district attorney, if it passes the option of a PR bond for someone accused of committing a crime of violence who meets certain requirements wouldn't be able to utilize a PR bond. A PR bond is one that allows a defendant to be released without putting forth any money or property with the promise they will appear at all future court dates.
Under the bill, the defendant must be accused of committing a crime of violence and the court finds probable cause to believe that the person has committed the offense, and:
- The person has a record of conviction for a crime of violence within the prior 2 years; or
- There are at least 2 pending criminal charges against the person that allege that the person committed a crime of violence and the court finds probable cause to believe that the person has committed the prior alleged offenses (repeat violent offender).
As the bill was originally written, their bond would have to be set at a minimum of $7,500. However, one of the bill's sponsors tells News5 they plan to introduce an amendment on Wednesday removing that portion of the bill.
"With the PR bond issue, basically, you can commit a crime in the morning, get arrested and sign a piece of paper and then be right back on the street the very same day to potentially commit another crime," Republican Representative Jarvis Caldwell of El Paso County explained. "We're trying to make it where a person has to go before a judge... and you know, Governor Polis, in his State of the State, mentioned that he wants to address the violent crime issue, and this bill does exactly that."
Rep. Jarvis is a prime sponsor of the bill including Democratic Rep. Shannon Bird and Republic Sen. Byron Pelton.
The Colorado Freedom Fund posted to its website stating that they oppose the bill.
"HB25-1072 would require judges to set a $7,500 minimum cash bond for certain people based only on the charge they’re accused of," part of a post on the Colorado Freedom Fund's website reads. "This bill would reinstate mandatory minimum cash bonds that were repealed in 2013, ensure pretrial jailing for people who are poor, and undermine the constitutional presumption of innocence– all without improving public safety."
Scripps News Denver connected this issue with the 16th Street Mall stabbing suspect who is accused of killing two people in January while out on a PR bond. Scripps News Denver has also highlighted the case of Michael Lee Sandoval who was tied to crimes in Pueblo, Colorado Springs and Highlands Ranch. Sandoval had been out of jail on a personal recognizance bond for just a few days when he made his way from Pueblo to Colorado Springs, where he reportedly carjacked a new victim. Sandoval was released a second time on a PR bond and just a few hours later was tied to another carjacking.
The bill is scheduled to be heard in the House Judiciary Committee Wednesday at 1:30 p.m.
News5 reached out to a group of lawmakers who opposed the 2024 bill for comment Tuesday morning and we have not received a response for comment as of Wednesday morning. News5 also reached out to the ACLU of Colorado Tuesday morning but they weren't able to provide a statement prior to the publication of this article.
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