(a) Right to Bail. All persons shall be bailable by sufficient sureties as provided in the constitution of the state of Colorado, in this Rule, and in local rules not inconsistent therewith. (1)Before Conviction. If a judge is not immediately available for purposes of admission to bail of persons arrested and brought to the court or jail on charges of committing a municipal charter or ordinance violation, such persons may be admitted to bail, pursuant to court rule, by the clerk or other responsible and appropriate officer designated by the court. The court shall provide by rule for the conditions and circumstances under which such admission to bail will be granted pending appearance before the judge. The primary condition of the bail bond, and the only condition for a breach of which a surety or security on the bond may be subjected to forfeiture, is that the released person appear to answer the charged at a place and upon a date certain and at any place or upon any date to which the proceeding may be transferred or continued. In addition to the primary condition, the court may impose reasonable additional conditions upon the conduct of the defendant. Bail so required may be, at the election of the accused, in the form of cash, security, real property, tangible or intangible personal property, an acceptable corporate surety bond, or adequate or acceptable private sureties. In cases when so permitted under the Rules promulgated pursuant to this section (a), bail may be upon personal recognizance without security or surety. (2)After Conviction. Bail may be allowed in arrest of judgment or during any stay of execution or pending appeal or review by a higher court, unless it appears the review is sought on frivolous grounds or is taken for delay. Pending appeal or review by the Supreme Court, bail may be allowed by the municipal court, the appellate judge, or by the Supreme Court or a justice thereof. Any court or any judge or justice granting bail may at any time alter or revoke the order admitting the defendant to bail. (b) Amount. A defendant shall be admitted to bail in an amount which in the judgment of the court, judge, or justice will insure the defendant's presence. If fine and costs have been imposed, a deposit in the amount thereof or the posting of a bond for the payment thereof may be required by the trial court. (c) Form and Place of Deposit. A person permitted to give bail shall execute a bond to appear in court on a designated day, or on the first day of the next term of court, and from day to day thereafter, as the court may deem appropriate. One or more sureties may be required or the defendant may furnish cash security or, in the discretion of the court, no security or surety need be required. If bond is made in a place other than the clerk's office, the bond shall be transferred to and deposited in the clerk's office. (d) Forfeiture.(1)Declaration. If there is a breach of condition of a bond, the court shall declare a forfeiture of the bail. (2)Setting Aside. The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. (3)Enforcement When Forfeiture Not Set Aside. By entering into a bond each obligor, whether the principal or a surety, submits to the jurisdiction of the court. Liability under the bond may be enforced, without the necessity of an independent action, as follows: The court shall order the issuance of a citation directed to the obligor to show cause, if any there be, why judgment should not be entered forthwith and execution issue thereon. Said citation shall issue promptly may be served personally or by first class mail upon the obligor directed to the addresses given in the bond. Hearing on the citation shall be held not less than 21 days after service. The defendant and the prosecution shall be given notice of the hearing. At the conclusion of the hearing, the court may enter a judgment against the obligor, and execution shall issue thereon as on other judgments. (4)Remission. After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in paragraph (2) of this section (d). If a bond forfeiture has been paid into the general fund of the municipality, the appropriate city or town official shall be notified of the order for remission. (5)Meaning of "Court". Wherever used in section (d) the word "court" means a court in which a principal has undertaken by bond to appear. (e) Exoneration. The obligor shall be exonerated as follows: (1) When the condition of the bond has been satisfied; (2) When the amount of the forfeiture has been paid; or (3) Upon surrender of the defendant into custody before judgment upon an order to show cause and upon payment of all costs occasioned thereby. A surety may seize and surrender the defendant to a peace officer within the municipality wherein the bond shall be taken, and it is the duty of such peace officer, on such surrender and delivery of a certified copy of the bond by which the surety is bound, to take such person into custody, and to acknowledge such surrender in writing. (f) Continuation of Bonds. In the discretion of the court and with the consent of the surety or sureties, the same bond may be continued until the final disposition of the case in the court or pending disposition of the case on appeal or review. Entire chapter amended June 30, 1988, effective 1/1/1989; (d)(3) amended and adopted December 14, 2011, effective 1/1/2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1(b).