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Committee advances cash and professional cash bonding sunset draft after DORA review recommends 13‑year continuation

House Judiciary Committee
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Summary

COPPER/DORA recommended continuing regulation of cash and professional cash bail bonding agents for 13 years (until 2039), citing consumer protections (minimum $50,000 qualification bond; 15% fee cap) and limited registrant counts; the committee introduced the draft bill and discussed a proposed amendment to shorten the review term.

Saul Larson, an analyst with the Colorado Office of Policy, Research, and Regulatory Reform (COPPER) within the Department of Regulatory Agencies (DORA), summarized the sunset review of cash and professional cash bail bonding agents and recommended continuing regulation for 13 years.

Larson said the regulatory program is small: three types of bail agents exist in Colorado (cash, professional cash and surety); cash bond registrations are being phased out and there are only three registered cash bail agents remaining, while there are 19 professional cash agents. He said both cash and professional cash bail bonding agents must meet minimum statutory requirements (a $50,000 qualification bond filed with the Division of Insurance) and may charge up to a 15% premium on bail with a $50 minimum.

"We recommend continuation of the regulation of cash and professional cash bail bonding agents for 13 years until 2039," Larson said, noting that in calendar year 2024 these agents wrote more than $38,000,000 in bail in Colorado.

Committee members asked why COPPER recommended a 13‑year continuation instead of a shorter review period; Larson said the office will recommend shorter intervals when it uncovers systemic problems, but that the review found the program functioning as intended. Members also pressed on fiscal implications of a long sunset period (one member estimated state‑time costs for staff at scale if left unchanged) and on complaint history; Division of Insurance witnesses confirmed the agency received complaints in recent years but resolved issues largely with letters of admonition rather than formal enforcement.

The committee moved to introduce the draft bill and heard a conceptual amendment proposal to shorten the sunset from 13 to 10 years; the chair described the shortening as a substantive change better treated during drafting/stakeholder discussions, but the draft was nonetheless sent for formal drafting and sponsors were named.

What’s next: the draft will be drafted into bill language; sponsors and members signaled interest in refining the sunset interval during the drafting and bill hearing process.