Colorado Politics

State of the State falls short of crime fixes | BRAUCHLER

George Brauchler

“Every person deserves a safe home and a safe community, and in three years I want Colorado to be closing in on our goal of becoming one of the top-ten safest states.”

Agreed. Gov. Jared Polis should be applauded for using some of his 8,100-word and 70-minute State of the State address to make the statement above and touch upon one of the most significant issues affecting Coloradans. Though these are the most words ever spoken by Polis on the broad topic of “public safety,” his focus, like that of the legislature, leaves great room for improvement.

“Right now, Colorado falls in the middle of the pack on crime rates, but that’s not good enough. We can and we must do better.”

It is unclear how Polis defines “middle of the pack,” but the numbers do not support a common sense definition. Based on studies by the Common Sense Institute, Colorado continues to lead the nation in auto thefts, having increased 13.6% over 2022 alone. We rank second in property crimes in the U.S. According to the FBI, the city outside the walls of the Capitol in which Polis made the claim ranks 32nd out of 169 major American cities for increase in the homicide rate, fourth in property crimes and eighth in rapes. Through only August of last year, the Colorado State Patrol had made historic seizures of fentanyl-bulk, up 173%. This is a similar definition when used in the statement “the Broncos offense is in the middle of the pack.”

Polis made reference to recruiting and retention of law enforcement officers, undoubtedly of critical importance since Polis signed into law the gut punch that was SB 217 in the aftermath of George Floyd. He brought out a handful of law enforcement executives for the obligatory gesture and solicited applause line, “thank you… for keeping our communities safe.”

Unfortunately, our communities are undeniably less safe than they were 10 years ago. Beleaguered veteran law enforcement officers have left the profession early, while we will never know which outstanding would-be police officers never applied, having received the message from the legislature that they cannot be trusted and they will be held personally liable for their mistakes.

As to the crime for which Colorado leads all other states, and the one which Polis conceded “has affected some of you in this room,” car theft, Polis offered ideas short of a real solution. Polis touted “technology to help us locate and return stolen vehicles,” but this does not deter prolific car thieves. It is a treatment for symptoms, not a cure.

Likewise, Polis highlighted a recommendation to the left-leaning Commission on Criminal and Juvenile Justice in the face of pressure from last year’s campaign to fix yet another mistake made by the legislature. It is appropriate to make all car thefts felonies, but do not be fooled into thinking doing that will stem the surging auto theft tide. The classification of the charge is less impactful than the certainty of losing liberty for its violation. Even as a felony, car theft would remain probation eligible and would likely result in a low or no cash bond, putting the car thieves right back into the candy shop.

There are pervasive views like those expressed by Attorney General Phil Weiser during his re-election campaign, that:

“After someone commits a third or fourth car theft in, say, three months, they should be kept in (jail) with a really high bond, because you got a sense they are going to get out they’re going to commit more crimes.”

It does little good to apprehend them and even prosecute them, if the result is a level of accountability akin to shoplifting. What is needed is mandatory incarceration, either jail or prison. It is the model being tested by Aurora and preliminary numbers show promise as to its efficacy. What Colorado needs is to treat car thieves seriously.

One bill, SB 22, recognizes the connection between auto theft and violent crime and attempts to fix what the legislature got wrong twice before. Currently, and thanks to repeated efforts by Weiser and two signatures by Polis, those who earn their way to a felony conviction for aggravated motor vehicle theft are legally entitled to possess guns in Colorado. State Sen. Nick Hinrichsen (D-Pueblo) seeks to fix that. With Democrats in charge and a fair hearing in the Judiciary Committee, Colorado may just see a step toward common sense public safety reform.

Colorado should find some glimmer of hope that Polis has a renewed interest in public safety, but we should continue to encourage him and the legislature to insist on real accountability for criminals. Remember, car thieves in jail cannot steal your car.

George Brauchler is the former district attorney for the 18th Judicial District. He also is an Owens Early Criminal Justice Fellow at the Common Sense Institute and 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.

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