The mayors of Colorado’s three largest cities on Thursday urged Gov. Jared Polis and lawmakers to focus on housing, the economy, and public safety. They notably urged state policymakers to ensure that municipalities retain the flexibility to combat crime.

Mayors Mike Johnston of Denver, Mike Coffman of Aurora and Yemi Mobolade of Colorado Springs urged cooperation between the state and cities, implicitly saying legislators should avoid passing policies that would curtail their ability to adopt additional criminal penalties.

“Cities must retain the ability to implement solutions that are responsive to community concerns and assign appropriate sentences when crimes are committed,” the mayors said in a joint opinion piece. “It is only through continued cooperation between state and local governments that we will sustain and build upon the progress already achieved.”

While they didn’t specifically cite the bill, the mayors are likely referring to a proposal backed by some Democrats to prohibit local courts from imposing more severe sentences than state courts for the same crimes.

Under the proposal, if there is no comparable state offense, the maximum punishment for city offenses would default to the state’s petty offense sentencing guidelines of up to 10 days in jail and/or a $300 fine. In addition, the bill declares that municipal court defendants have the same right to counsel as suspects before a state court.

A 2020 law reduced maximum penalties for low-level, nonviolent crimes in state courts. Municipal courts were excluded from that measure because they were not part of the state judicial system.

Local governments and organizations like the Colorado Municipal League and Colorado Counties, Inc. will likely oppose the legislation. The three mayors’ letter suggests that Colorado’s three biggest cities would lead that opposition.

In their opinion, the mayors said their cities continue to see juvenile offenders commit more serious crimes at a higher frequency. These offenses, they said, are tied to gun violence, aggravated assault and gang activities.

“This issue is exacerbated by a lack of funding and cap on the number of juvenile detention beds. Reduction in bed space has caused violent youth offenders to be re-released based on who has committed the least violent offense,” they said. “By increasing bed spaces, we can ensure youth are removed from situations that may cause additional harm and instead connect them to social services and programs to help, thereby decreasing the rate of re-offending.”

The mayors also said that “politically motivated” construction defect legislation has “eviscerated any ability for the building industry to build condominiums, which are a prime entry point for home ownership.”

“Overly onerous construction defect liability is depriving young homeowners of the American dream. It is time to implement reasonable legislation that will provide builders with the right to cure, thereby protecting both buyers and sellers and returning this vital housing option to our residents,” the said.

Finally, noted Polis’ promise to make Colorado one of the 10 safest states in America and that they commend his campaign.

But, they said the General Assembly must “ensure our communities continue to have sufficient flexibility to combat crime.”

Some court cases have arisen from this issue, including a recent case in Aurora, in which a woman was charged with trespassing under Aurora City Code, which carries a maximum sentence over three times greater than the state’s sentencing guidelines, along with a fee that more than tripled what the state would impose for the same crime. That case is awaiting trial before the Colorado Supreme Court. 

Aurora officials, who have passed tougher penalties for retail theft, car theft and “dine and dash” offenses, have long maintained that a tougher approach is needed to curb crime. The Aurora police said car theft in the city dropped 22% since the ordinance was enacted, a downward trajectory seen statewide.