Part 2. Escape and Offenses Relating to Custody
§ 18-8-201. Aiding escape
(1) Any person who knowingly aids, abets, or assists another person to escape or attempt to escape from custody or confinement commits the offense of aiding escape.
(2) “Escape” is deemed to be a continuing activity commencing with the conception of the design to escape and continuing until the escapee is returned to custody or the attempt to escape is thwarted or abandoned.
(3) “Assist” includes any activity characterized as “rendering assistance” in section 18-8-105.
(4) Aiding escape is a class 2 felony if the person aided was in custody or confinement as a result of conviction of a class 1 or class 2 felony.
(5) Aiding escape is a class 3 felony if the person aided was in custody or confinement and charged with or held for any felony or convicted of any felony other than a class 1 or class 2 felony.
(6) [This version of subsection (6) is effective until March 1, 2022.] Aiding escape is a class 1 misdemeanor if the person aided was in custody or confinement and charged with, held for, or convicted of a misdemeanor or a petty offense.
(6) [This version of subsection (6) is effective March 1, 2022.] Aiding escape is a class 2 misdemeanor if the person aided was in custody or confinement and charged with, held for, or convicted of a misdemeanor or a petty offense.
§ 18-8-201.1. Aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders
Any person who knowingly aids the escape of a person who is an inmate of an institution for the care and treatment of persons with behavioral or mental health disorders and who knows the person aided is confined in such institution pursuant to a commitment pursuant to article 8 of title 16 commits the offense of aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders, which is a class 5 felony.
§ 18-8-202. Inducing prisoners to absent selves - repeal
(1) Any person who invites, entices, solicits, or induces any prisoner in custody or confinement to absent himself from his work or who substantially delays or hinders a prisoner in his work commits a class 1 petty offense.
(2) This section is repealed, effective March 1, 2022.
§ 18-8-203. Introducing contraband in the first degree
(1) [This version of subsection (1) is effective until March 1, 2022.] A person commits introducing contraband in the first degree if he or she knowingly and unlawfully:
(a) Introduces or attempts to introduce a dangerous instrument; malt, vinous, or spirituous liquor, as defined in section 44-3-103; fermented malt beverage, as defined in section 44-4-103; controlled substance, as defined in section 18-18-102 (5); or marijuana or marijuana concentrate, as defined in section 27-80-203 (15) and (16), into a detention facility or at any location where an inmate is or is likely to be located, while the inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections, but not on parole; or
(b) Being a person confined in a detention facility, makes any dangerous instrument, controlled substance, marijuana or marijuana concentrate, or alcohol.
(1) [This version of subsection (1) is effective March 1, 2022.] A person commits introducing contraband in the first degree if he or she knowingly and unlawfully:
(a) Introduces or attempts to introduce a dangerous instrument into a detention facility or at any location where an inmate is or is likely to be located, while the inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections, but not on parole; or
(b) Being a person confined in a detention facility, makes any dangerous instrument.
(2) Introducing contraband in the first degree is a class 4 felony.
(3) “Detention facility” means any building, structure, enclosure, vehicle, institution, work site, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the jurisdiction of the department of corrections or under the authority of the United States, the state of Colorado, or any political subdivision of the state of Colorado.
(4) “Dangerous instrument” as used in this section and in section 18-8-204.1, means a firearm, explosive device or substance (including ammunition), knife or sharpened instrument, poison, acid, bludgeon, or projective device, or any other device, instrument, material, or substance which is readily capable of causing or inducing fear of death or bodily injury, the use of which is not specifically authorized.
§ 18-8-204. Introducing contraband in the second degree - definition
(1) A person commits introducing contraband in the second degree if he or she knowingly and unlawfully:
(a) Introduces or attempts to introduce contraband into a detention facility; or
(b) Being a person confined in a detention facility, makes any contraband, as defined in subsection (2) of this section.
(1.5) A person confined in a detention facility commits introducing contraband in the second degree if he or she knowingly and unlawfully introduces or attempts to introduce contraband into a detention facility or at any location where an inmate is likely to be located, while such inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections, but not on parole.
(2) [This version of the introductory portion to subsection (2) is effective until March 1, 2022.] “Contraband” as used in this section means any of the following, but does not include any article or thing referred to in section 18-8-203:
(2) [This version of the introductory portion to subsection (2) is effective March 1, 2022.] As used in this section, “contraband” means any of the following, but does not include any article or thing referred to in section 18-8-203:
(a) Any key, key pattern, key replica, or lock pick;
(b) Any tool or instrument that could be used to cut fence or wire, dig, pry, or file;
(c) Any money or coin of United States or foreign currency or any written instrument of value;
(d) Any uncancelled postage stamp or implement of the United States postal service;
(e) Any counterfeit or forged identification card;
(f) Any combustible material other than safety matches;
(g) Any drug, other than a controlled substance as defined in section 18-18-102 (5), in quantities other than those authorized by a physician;
(h) Any mask, wig, disguise, or other means of altering normal physical appearance which could hinder ready identification;
(i) Any drug paraphernalia as defined in section 18-18-426;
(j) Any material which is “obscene” as defined in section 18-7-101;
(k) Any chain, rope, or ladder;
(l) Any article or thing that poses or may pose a threat to the security of the detention facility as determined by the administrative head of the detention facility if reasonable notice is given that such article or thing is contraband;
(m) [This version of subsection (2)(m) is effective until March 1, 2022.] For purposes of a facility of the department of corrections or any private contract prison, any cigarettes or tobacco products, as defined in section 39-28.5-101 (5), C.R.S.; or
(m) [This version of subsection (2)(m) is effective March 1, 2022.] For purposes of a facility of the department of corrections or any private contract prison, any cigarettes or tobacco products, as defined in section 39-28.5-101 (5);
(n) Any portable electronic communication device, including but not limited to cellular telephones; cloned cellular telephones as defined in section 18-9-309; public, private, or family-style radios; pagers; personal digital assistants; any other device capable of transmitting or intercepting cellular or radio signals between providers and users of telecommunication and data services; and portable computers; except those devices authorized by the executive director of the department of corrections or his or her designee;
(o) [Subsection (2)(o) is effective March 1, 2022.] A controlled substance, as defined in section 18-18-102 (5);
(p) [Subsection (2)(p) is effective March 1, 2022.] Malt liquors, vinous liquors, or spirituous liquors, as those terms are defined in section 44-3-103, or fermented malt beverage, as defined in section 44-4-103; or
(q) [Subsection (2)(q) is effective March 1, 2022.] Marijuana or marijuana concentrate, as those terms are defined in section 27-80-203 (15) and (16).
(3) [This version of subsection (3) is effective until March 1, 2022.] Introducing contraband in the second degree is a class 6 felony.
(a) [This version of subsection (3) is effective March 1, 2022.] Introducing contraband in the second degree that involves contraband described in subsection (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o) of this section is a class 6 felony.
(b) Introducing contraband in the second degree that involves contraband described in subsection (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q) of this section is a class 2 misdemeanor.
§ 18-8-204.1. Possession of contraband in the first degree - repeal
(1) [This version of subsection (1) is effective until March 1, 2022.] A person being confined in a detention facility commits the crime of possession of contraband in the first degree if he knowingly obtains or has in his possession contraband as listed in section 18-8-203 (1)(a) or alcohol; except that this subsection (1) shall not apply to contraband specified in section 18-18-405.
(1) [This version of subsection (1) is effective March 1, 2022.] A person being confined in a detention facility commits the crime of possession of contraband in the first degree if the person knowingly obtains or has in the person’s possession contraband as listed in section 18-8-203 (1)(a).
(2)
(a) Possession of contraband in the first degree, other than a dangerous instrument, is a class 6 felony.
(b) This subsection (2) is repealed, effective March 1, 2022.
(3) Possession of contraband in the first degree involving a dangerous instrument is a class 4 felony.
§ 18-8-204.2. Possession of contraband in the second degree
(1) A person being confined in a detention facility commits the crime of possession of contraband in the second degree if he knowingly obtains or has in his possession contraband as defined in section 18-8-204 (2) unless possession is authorized by rule or regulation promulgated by the administrative head of the detention facility.
(2) [This version of subsection (2) is effective until March 1, 2022.] Possession of contraband in the second degree is a class 1 misdemeanor.
(a) [This version of subsection (2) is effective March 1, 2022.] Possession of contraband in the second degree that involves contraband described in section 18-8-204 (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o) is a class 6 felony.
(b) Possession of contraband in the second degree that involves contraband described in section 18-8-204 (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q) is a class 2 misdemeanor.
§ 18-8-205. Aiding escape from civil process - repeal
(1) Any person who aids, abets, or assists the escape of a person in legal custody under civil process commits a class 1 petty offense.
(2) This section is repealed, effective March 1, 2022.
§ 18-8-206. Assault during escape
(1) Any person confined in any lawful place of confinement within the state who, while escaping or attempting to escape, commits an assault with intent to commit bodily injury upon the person of another with a deadly weapon, or by any means of force likely to produce serious bodily injury, commits:
(a) A class 1 felony, if the person has been convicted of a class 1 felony; or
(b) A class 2 felony, if the person has been convicted of a felony other than a class 1 felony; or
(c) A class 3 felony, if the person was in custody or confinement and held for or charged with but not convicted of a felony; or
(d) A class 3 felony, if the person was in custody or confinement and charged with, held for, or convicted of a misdemeanor or a petty offense.
§ 18-8-207. Holding hostages
Any person in lawful custody or confinement within the state who, while escaping or attempting to escape, holds as hostage by force or threat of force holds any person against his will commits a class 2 felony.
§ 18-8-208. Escapes
(1) A person commits a class 2 felony if, while being in custody or confinement following conviction of a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.
(2) A person commits a class 3 felony if, while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.
(3) A person commits a class 4 felony if, while being in custody or confinement and held for or charged with but not convicted of a felony, he knowingly escapes from said custody or confinement.
(4) [This version of subsection (4) is effective until March 1, 2022.] A person commits a class 3 misdemeanor if, while being in custody or confinement following conviction of a misdemeanor or petty offense or a violation of a municipal ordinance, he or she knowingly escapes from said place of custody or confinement.
(4) [This version of subsection (4) is effective March 1, 2022.] A person commits a class 2 misdemeanor if, while being in custody or confinement following conviction of a misdemeanor or petty offense or a violation of a municipal ordinance, he or she knowingly escapes from said place of custody or confinement.
(4.5) [This version of subsection (4.5) is effective until March 1, 2022.] A person commits a class 3 misdemeanor if the person has been committed to the division of youth services in the department of human services for a delinquent act, is more than eighteen years of age, and escapes from a staff secure facility as defined in section 19-2.5-102, other than a state-operated locked facility.
(4.5) [This version of subsection (4.5) is effective March 1, 2022.] A person commits a class 2 misdemeanor if the person has been committed to the division of youth services in the department of human services for a delinquent act, is more than eighteen years of age, and escapes from a staff secure facility as defined in section 19-2.5-102, other than a state-operated locked facility.
(5) [This version of subsection (5) is effective until March 1, 2022.] A person commits a class 1 petty offense if, while being in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense or violation of a municipal ordinance, he or she knowingly escapes from said custody or confinement.
(5) [This version of subsection (5) is effective March 1, 2022.] A person commits a petty offense if, while being in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense or violation of a municipal ordinance, he or she knowingly escapes from said custody or confinement.
(6) [This version of the introductory portion to subsection (6) is effective until March 1, 2022.] A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16, C.R.S.:
(6) [This version of the introductory portion to subsection (6) is effective March 1, 2022.] A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16:
(a) [This version of subsection (6)(a) is effective until March 1, 2022.] Commits a class 1 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed;
(a) [This version of subsection (6)(a) is effective March 1, 2022.] Commits a class 2 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed;
(b) [This version of subsection (6)(b) is effective until March 1, 2022.] Commits a class 1 misdemeanor if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado;
(b) [This version of subsection (6)(b) is effective March 1, 2022.] Commits a class 2 misdemeanor if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado;
(c) Commits a class 5 felony if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person travels outside of the state of Colorado.
(7) In a prosecution for an offense under subsection (6) of this section, it shall be a defense for any person who, while being confined pursuant to a commitment under article 8 of title 16, C.R.S., escapes and who voluntarily returns to the place of confinement.
(8) A person commits a class 5 felony if he knowingly escapes while in custody or confinement pursuant to the provisions of article 19 of title 16, C.R.S.
(9) The minimum sentences provided by sections 18-1.3-401, 18-1.3-501, and 18-1.3-503, respectively, for violation of the provisions of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section 18-1.3-407. The provisions of this subsection (9) do not apply to subsection (4.5) of this section.
(10) Repealed.
(11) If a person is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301, or is transitioning from the department of corrections to a community corrections program, or is placed in an intensive supervision program pursuant to section 17-27.5-101, or is participating in a work release or home detention program pursuant to section 18-1.3-106 (1.1), intensive supervision program or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3), is housed in a staff secure facility as defined in section 19-2.5-102, or is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section 18-1.3-204 (2.2) or 18-1.3-301 (4)(b), then the person is not in custody or confinement for purposes of this section.
§ 18-8-208.1. Attempt to escape
(1) Except as otherwise provided in subsection (1.5) of this section, if a person, while in custody or confinement following conviction of a felony, knowingly attempts to escape from said custody or confinement, he or she commits a class 4 felony. The sentence imposed pursuant to this subsection (1) shall run consecutively with any sentences being served by the offender.
(1.5) If a person is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301, or is transitioning from the department of corrections to a community corrections program, or is placed in an intensive supervision program pursuant to section 17-27.5-101, or is participating in a work release or home detention program pursuant to section 18-1.3-106 (1.1), intensive supervision program, or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3), is housed in a staff secure facility as defined in section 19-2.5-102, or is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section 18-1.3-204 (2.2) or 18-1.3-301 (4)(b), then the person is not in custody or confinement for purposes of this section.
(2) If a person, while in custody or confinement and held for or charged with but not convicted of a felony, knowingly attempts to escape from said custody or confinement, he commits a class 5 felony. If the person is convicted of the felony or other crime for which he was originally in custody or confinement, the sentence imposed pursuant to this subsection (2) shall run consecutively with any sentences being served by the offender.
(3) [This version of subsection (3) is effective until March 1, 2022.] If a person, while in custody or confinement following conviction of a misdemeanor or petty offense, knowingly attempts to escape from said custody or confinement, he is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than two months nor more than four months. The sentence imposed pursuant to this subsection (3) shall run consecutively with any sentences being served by the offender.
(3) [This version of subsection (3) is effective March 1, 2022.] If a person, while in custody or confinement following conviction of a misdemeanor or petty offense, knowingly attempts to escape from said custody or confinement, the person commits a class 2 misdemeanor. The sentence imposed pursuant to this subsection (3) shall run consecutively with any sentences being served by the offender.
(4) If a person, while in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense, knowingly attempts to escape from said custody or confinement, he is guilty of a petty offense and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than two months nor more than four months. If the person is convicted of the misdemeanor or petty offense for which he was originally in custody or confinement, the sentence imposed pursuant to this subsection (4) shall run consecutively with any sentences being served by the offender.
(5) The sentences imposed by subsections (1), (1.5), and (2) of this section and the minimum sentences imposed by subsections (3) and (4) of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section 18-1.3-407.
(6) Repealed.
(7) A person held in a staff secure facility, as defined in section 19-2.5-102, is deemed in custody or confinement for purposes of this section.
§ 18-8-208.2. Unauthorized absence
(1) A person who is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301; transitioning from the department of corrections to a community corrections program or placed in an intensive supervision program pursuant to section 17-27.5-101; participating in a work release or home detention program pursuant to 18-1.3-106 (1.1), intensive supervision program, or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3); or is housed in a staff secure facility as defined in section 19-2.5-102 commits the crime of unauthorized absence if the person knowingly:
(a) Leaves or fails to return to his or her residential or facility location without permission of the supervising agency and in violation of the terms and conditions of supervision; or
(b) Removes or tampers with an electronic monitoring device required by the supervising agency to be worn by the person in order to monitor his or her location, without permission and with the intent to avoid arrest, prosecution, monitoring, or other legal process.
(2)
(a) If a person commits unauthorized absence for a crime listed in section 24-4.1-302 (1) or a crime of violence as described in section 18-1.3-406, unauthorized absence is a class 6 felony and an attempt thereof is a class 6 felony.
(b) [This version of subsection (2)(b) is effective until March 1, 2022.] If a person commits unauthorized absence for a crime other than the crimes listed in section 24-4.1-302 (1) and the crime is not a crime of violence as described in section 18-1.3-406, unauthorized absence is a class 3 misdemeanor and an attempt thereof is a class 3 misdemeanor.
(b) [This version of subsection (2)(b) is effective March 1, 2022.] If a person commits unauthorized absence for a crime other than the crimes listed in section 24-4.1-302 (1) and the crime is not a crime of violence as described in section 18-1.3-406, unauthorized absence is a class 2 misdemeanor and an attempt thereof is a class 2 misdemeanor.
(c) A person who knowingly violates a permanent or temporary protection order issued pursuant to section 18-1-1001 (1), 13-14-103, 13-14-104.5, or 13-14-106 during the commission of unauthorized absence commits a class 3 felony.
(3) If a parolee placed in a community corrections or in an intensive supervision program pursuant to section 17-27.5-101 has an unauthorized absence, the department of corrections shall notify the appropriate community reentry program described in section 17-33-101 (7)(a) and provide contact information for the purposes of assisting the person to reengage with supervision.
§ 18-8-209. Concurrent and consecutive sentences
(1) Except as otherwise provided in subsection (2) of this section, any sentence imposed following conviction of an offense under sections 18-8-201 to 18-8-208 or section 18-8-211 shall run consecutively and not concurrently with any sentence which the offender was serving at the time of the conduct prohibited by those sections.
(2) If an offender was serving a direct sentence to a community corrections program pursuant to section 18-1.3-301 or was in an intensive supervision parole program pursuant to section 17-27.5-101, C.R.S., at the time he or she committed an offense specified in section 18-8-201 or 18-8-208, the sentence imposed following a conviction of said offense may run concurrently with any sentence the offender was serving at the time he or she committed said offense.
§ 18-8-210. Persons in custody or confinement for unclassified offenses - repeal
(1) For the purpose of determining the grade and classification of an offense under sections 18-8-201, 18-8-206, and 18-8-208, a person in custody or confinement for an offense which is unclassified or was not classified under this code at the time the custody or confinement began is deemed to have been in custody or confinement for a class 2 misdemeanor if such custody or confinement was for a misdemeanor offense or a class 5 felony if such custody or confinement was for a felony offense.
(2) This section is repealed, effective March 1, 2022.
§ 18-8-210.1. Persons in custody or confinement - juvenile offenders
For the purposes of this part 2, any reference to custody, confinement, charged with, held for, convicted of, a felony, misdemeanor, or petty offense includes a juvenile who is detained or committed for the commission of an act that would constitute such a felony, misdemeanor, or petty offense if committed by an adult or who is the subject of a petition filed pursuant to article 2.5 of title 19 alleging the commission of such a delinquent act or a juvenile who has been adjudicated a juvenile delinquent pursuant to article 2.5 of title 19 for an act that would constitute a felony, misdemeanor, or petty offense if committed by an adult.
§ 18-8-210.2. Persons in custody or confinement
For the purposes of this part 2, any reference to custody, confinement, charged with, held for, or convicted of, a felony, misdemeanor, or petty offense shall be deemed to include any felony, misdemeanor, or petty offense under the laws of this state and any felony, misdemeanor, or petty offense having similar elements under the laws of another state, the United States, or any territory subject to the jurisdiction of the United States.
§ 18-8-211. Riots in detention facilities
(1) A person confined in any detention facility within the state commits active participation in a riot when he, with two or more other persons, actively participates in violent conduct that creates grave danger of, or does cause, damage to property or injury to persons and substantially obstructs the performance of institutional functions, or commands, induces, entreats, or otherwise attempts to persuade others to engage in such conduct.
(2) Active participation in a riot by any person while confined in any detention facility within the state:
(a) Is a class 3 felony if the participant employs in the course of such participation a deadly weapon, as defined in section 18-1-901 (3)(e), destructive device, as defined in section 18-9-101 (1), or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if the participant, in the course of such participation, represents verbally or otherwise that he or she is armed with a deadly weapon; or
(b) Is a felony if the participant does not employ any such weapon or device in the course of such participation, and, upon conviction thereof, the punishment shall be imprisonment in a detention facility for not less than two years nor more than ten years.
(3) A person confined in any detention facility in this state commits a class 5 felony if, during a riot or when a riot is impending, he intentionally disobeys an order of a detention officer to move, disperse, or refrain from specified activities in the immediate vicinity of the riot or impending riot.
(4) “Detention facility”, as used in this section, means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.
§ 18-8-212. Violation of bail bond conditions
(1) [This version of subsection (1) is effective until March 1, 2022.] A person who is released on bail bond of whatever kind, and either before, during, or after release is accused by complaint, information, indictment, or the filing of a delinquency petition of any felony arising from the conduct for which he was arrested, commits a class 6 felony if he knowingly fails to appear for trial or other proceedings in the case in which the bail bond was filed or if he knowingly violates the conditions of the bail bond.
(1) [This version of subsection (1) is effective March 1, 2022.] A person who is charged with any felony and is released on bond commits a class 6 felony if the person knowingly fails to appear in the felony case for which the person is on bond with the intent to avoid prosecution.
(2) [This version of subsection (2) is effective until March 1, 2022.] A person who is released on bail bond of whatever kind, and either before, during, or after release is accused by complaint, information, indictment, or the filing of a delinquency petition of any misdemeanor arising from the conduct for which he was arrested, commits a class 3 misdemeanor if he knowingly fails to appear for trial or other proceedings in the case in which the bail bond was filed or if he knowingly violates the conditions of the bail bond.
(2) [This version of subsection (2) is effective March 1, 2022.] A person who is released on bond and is charged with any felony or misdemeanor arising from the conduct for which the person was arrested commits a class 2 misdemeanor if the person intentionally fails to appear in the case for any proceedings for which victims or witnesses have appeared in court.
(3) The court shall sentence any person who is convicted of a misdemeanor offense in violation of section 18-6-803.5, or a felony offense in violation of section 18-8-704, 18-8-705, 18-8-706, or 18-8-707, involving a victim or witness in the underlying offense while on bond in the underlying case to imprisonment of not less than one year for violation of subsection (1) of this section and not less than six months for violation of subsection (2) of this section. The court shall order the sentence to be served consecutively with any sentence for the offense on which the person is on bail if the underlying sentence is a sentence to incarceration.
(3.5) A person who is on bond for a sex offense as defined in section 18-1.3-1003 who is convicted under this section for a bond violation shall not be eligible for probation or a suspended sentence and shall be sentenced to imprisonment of not less than one year. Any such sentence shall be served consecutively with any sentence for the offense on which the person is on bail.
(4) A criminal action charged pursuant to this section may be tried either in the county where the offense is committed or in the county in which the court that issued the bond is located, if such court is within this state.
(5) [Subsection (5) is effective March 1, 2022.] A violation of bond appearance conditions shall not be brought against any person subject to the provisions of section 16-4-113 (2).
§ 18-8-213. Unauthorized residency by an adult offender from another state
(1) A person commits the crime of unauthorized residency by an adult offender if the person, in order to stay in the state, is required to have the permission of the compact administrator or a designated deputy of the compact administrator of the interstate compact for adult offender supervision established pursuant to part 28 of article 60 of title 24, C.R.S., and the person:
(a) Is not a resident of this state, has not been accepted by the compact administrator of the interstate compact for adult offender supervision established pursuant to part 28 of article 60 of title 24, C.R.S., and is found residing in this state; or
(b) Is a resident of this state, has not been accepted by the compact administrator of the interstate compact for adult offender supervision established pursuant to part 28 of article 60 of title 24, C.R.S., and is found residing in this state more than ninety days after his or her transfer from the receiving state.
(2) Unauthorized residency by a parolee or probationer is a class 5 felony.