The aftermath of the blue wave sweeping over Colorado’s midterm elections three weeks ago includes a harder-left General Assembly in 2023 than we have seen in my memory. Previously, I predicted in these pages what I believed this overwhelmingly Progressive legislature likely would do to an already weakened, besieged and overburdened criminal justice system trying to be effective while awash in a crime tsunami. Here are the legislative “shoulds” and “should nots”- the changes to the law that will make a timely difference, both good and bad.

They should address car theft. Number one in America two years running never felt so bad. The mid-election about-face on car theft by the governor and attorney general, combined with a District Attorneys Council spurred on by DA John Kellner to unweaken our car-theft laws, has resulted in a move to treat all such thefts as felonies, regardless of the value of the stolen car. That is a good, common sense move. But the true deterrent to car theft will not come from the risk of a future felony conviction, but the promise of incarceration right now. Taking a page directly from the new, public safety-minded Aurora City Council, the General Assembly could focus far less on the level of criminal conviction, if a change in the law promised 30, 60 or 90 days jail – and quickly. The impact would be more immediate and more corrective than a perpetually punitive felony conviction with no jail. Criminals respond to loss of liberty far more than they do classification of charges.

In fact, to be bold, the legislature should look at reducing several classifications of property crimes, IF – and only IF – they accompany that degradation with an increase in mandatory jail time for even first offenses. Shoplift? Weekend in jail. Steal a bike? One week in jail. Car? One to two months.

Earlier this year, in an unprecedented and partisan maneuver, Attorney General Phil Weiser and Secretary of State Jena Griswold voted to prevent Coloradans from considering a ballot measure that would have guaranteed violent criminals serve a mere 85% of their earned sentence. Currently, there is no truth in sentencing and violent felons typically become parole-eligible after serving only 50% of their time. This legislature should steal that issue from the 2024 ballot and make the change themselves, demonstrating a true commitment to preventing future victims, instead of coddling current criminals.

The mean-spirited speculation surrounding what led to the massacre at Club Q a couple weeks ago has led some media and politicians to blame law enforcement’s supposed failure to obtain an extreme risk protection order as the reason behind the killer’s possession of firearms. There is no evidence that is true. Nonetheless, and in characteristic fashion, Gov. Jared Polis, Weiser and the legislature will again rush to use anecdote and hyperbole as the justification for changing Colorado’s fledgling red flag law. Whatever improvements may be contemplated, exposing law enforcement officers who allegedly “fail” to seek an ERPO to civil liability if the gun owner later commits a violent crime is reckless and encourages injustice, not public safety. In fact, until we know exactly what did or did not happen prior to Club Q, the legislature should make no changes to the ERPO law.

Finally, the legislature should finally move beyond the constant lip service and relative pennies they provide to mental health services for those in need. Replacing asylums with jails over the past several decades has proven to be a failure. The legislature will need to spend, or in the vernacular of big government, “invest” upward of $50 million to $100 million to create reliable, broad-based mental health facilities and resources. The goal must be to identify, treat, divert and prevent those suffering from mental health from committing evil acts.

Meanwhile, pretty please with common sense gun stuff on top, eliminate the lawful possession of firearm by convicted drug dealers car thieves, and other felons.

Dems in charge do not have to continue to live out the “weak on crime” stereotype. This upcoming session is an opportunity to put public safety first and Make Colorado Safe Again.

George Brauchler is the former district attorney for the 18th Judicial District. He also is president of the Advance Colorado Academy, which identifies, trains and connects conservative leaders in Colorado. He hosts The George Brauchler Show on 710KNUS Monday through Friday from 6 a.m. to 10 a.m. Follow him on Twitter: @GeorgeBrauchler.