Seattle1
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^^rsbbmOnce he determined that BM was eligible for bail, the judge was constrained by law to use the least restrictive conditions necessary to accomplish the purposes of bail, as follows:
Colorado Revised Statutes, Section 16-4-103(3)(a) 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.
I believe we earlier discussed capital cases quite extensively where CAPITAL MURDER CHARGE (i.e., 1st- degree murder - capital cases) provides that the judge is not constrained to the least restrictive conditions and where the judge is given discretion to set the bail amount:
The prosecution asked for a $10 million bond. In response, the defense asked for "an amount that is reasonable" — a $50,000 cash bond.
Judge Murphy said $10 million was too high and $50,000 was too low. He set the bond for $500,000, cash only. Bond cannot be posted until noon on Monday, he said.
https://www.thedenverchannel.com/ne...-judge-rules-barry-morphew-will-head-to-trial
This section confers absolute right to bail in all cases, except for capital offenses, where the proof is evident and the presumption is great that the accused committed the crime. Gladney v. District Court, 188 Colo. 365, 535 P.2d 190 (1975); L.O.W. v. District Court, 623 P.2d 1253 (Colo. 1981).
This section in effect changes the common law so as to confer an absolute right to bail after indictment in all other felonies than capital cases. Proofs may be required in determining the amount of bail, but the right thereto is no longer a matter of judicial inquiry or discretion. In re Losasso, 15 Colo. 163, 24 P. 1080, 10 L.R.A. 847 (1890); Shanks v. District Court, 153 Colo. 332, 385 P.2d 990 (1963).
Bail, as a matter of right, for all but the most heinous crimes, has been recognized in Colorado. People ex rel. Dunbar v. District Court, 179 Colo. 304, 500 P.2d 358 (1972)
https://cdpsdocs.state.co.us/ccjj/Committees/BailSub/Handouts/CO_Constitution_ArtII-Sec-19-20.pdf