On February 22, 2012, Rep. Amy Stephens introduced HB 12-1316 – Concerning Bond Conditions when a United States Immigrations and Customs Enforcement Detainer is Lodged Against a Defendant. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.
Under current law, if there is probable cause to believe that a defendant is in the country illegally and he or she is charged with a felony or class 1 or class 2 misdemeanor, the investigating law enforcement agency shall notify the defendant’s bail bond agent. The bill requires notification to a person’s bail bond agent if there is a United States immigration and customs enforcement detainer lodged against the defendant; rather than based on probable cause to believe that a defendant is in the country illegally and a person is charged with a felony or a class 1 or class 2 misdemeanor.
Under current law, a bail bond agent is exempt from having his or her bond forfeited if the defendant is removed from the country, and a bail bond agent is not required to sign a waiver of understanding concerning such forfeiture. The bill requires a bail bond agent to execute a waiver that states he or she understands that if the defendant is removed from the country the bond is forfeited. The bill also requires the bond of the bail bond agent to be forfeited if the defendant is removed from the country.
If a law enforcement agency holding a defendant for a felony or class 1 or class 2 misdemeanor determines that a United States immigration and customs enforcement detainer is lodged against the defendant, the law enforcement agency shall notify the district attorney and any pretrial services agency of the defendant’s presumed immigration status. If the defendant posts bond, the law enforcement agency shall notify the district attorney of the posting of the bond prior to notifying immigration and customs enforcement that the defendant is eligible for release to their custody.
Summaries of other featured bills can be found here.