Colorado Politics

Municipal sentencing bill in Denver moves forward

The Denver City Council introduced legislation Monday aimed at aligning municipal penalties with state law to “stop criminalizing poverty.”

The bill, which was heavily revised and amended, was moved forward on a 10 to 2 vote, with Councilmembers Darrell Watson and Amanda Sawyer dissenting.

Currently, people in Denver can face months in jail for relatively low-level municipal offenses.

For example, stealing a loaf of bread has been punishable in municipal court by up to 300 days in jail. Under state law, the same conduct is capped at just 10 days. For illegal camping, an off-leash dog or minor property damage, Denver residents can face 60 to 300 days behind bars.

The Colorado Supreme Court recently ruled that municipalities may not impose sentences harsher than those under state law for identical offenses.

With the proposed measure, bill sponsors Sarady Parady, Serena Gonzales-Gutierrez and Shontel Lewis seek to amend the city code so that sentences match those for equivalent state offenses and cap municipal offenses at the state petty offense level.

Seven amendments to the bill were adopted Monday, which, according to city officials, addressed concerns from the administration.

Denver Mayor Mike Johnston is expected to issue a statement later in the week to provide more context, mayoral policy spokesperson Tim Hoffman said.

Proponents argue that people in Denver face jail sentences up to 30 times higher than what is allowed by state law and that incarcerations that exceed 30 days can lead to the suspension of Social Security benefits, loss of housing, loss of employment, inability to care for children and, for immigrants, deportation.

Immigrants (copy)
FILE PHOTO: Denver Mayor Mike Johnston, center, talks in January with immigrants during an encampment sweep in Denver. (Timothy Hurst/Denver Gazette)

Rep. Javier Mabrey, a Democrat who was the prime sponsor of Colorado House Bill 25-1147, which capped municipal jail sentences at the level of comparable state offenses, said updates to Denver’s City Code are overdue.

“One of the provisions I fought hardest for was the 10-day cap on jail sentences for municipal-only offenses, because so many of these offenses — camping, loitering, trespassing — are offenses of poverty, and using lengthy jail sentences to punish poverty does not solve anything,” Mabrey told a Denver City Council committee in mid-April.

However, opponents, like David Howard, contend the proposal would curtail the discretion of those tasked with enforcing laws for offenses such as trespassing, wrongs to minors, carrying weapons and domestic violence.

“This bill strips power from our enforcement system, while residents are begging the city for more stability,” Howard said during a public comment period. “We see improvements in areas where we put our foot on the gas. Don’t throw the gas pedal out the window. Vote no.”

Denver attorney and lifelong resident Michael F. DiManna offered a reminder that the council’s “primary responsibility” is to protect taxpayers.

“When is this council going to realize that your city — our city — is going downhill and continues to go downhill?” DiManna asked. “We have the largest number of vacant office spaces of any city in the nation. You know why people don’t come to downtown Denver? They’re afraid of the crime that’s here, and now we have an ordinance that plans to limit the penalties for those specific crimes.”

LeAnn Fickes, a social worker with the Denver Office of the Municipal Defender, maintained during an April committee meeting that sentencing reform offers an opportunity to address the root causes of crime and to invest in housing, mental health, substance misuse treatment and other supportive services.

“Even short jail stays are deeply destabilizing,” Fickes said. “And as a Denver taxpayer, at $240 a night or more, I would like to see that (money) going to more supportive services where people can actually get help.”

The bill returns to the Denver City Council for a second reading and a public hearing on June 29.

Prior to that, bill sponsors are hosting a virtual education forum to review all proposed changes and the final version of the proposed ordinance. Those interested in attending may obtain a link to the meeting at https://bit.ly/MuniSentMeeting.

“Colorado, particularly Denver, has become a magnet for chaotic behavior,” Howard added. “Criminal justice reform has gone too far. We prioritize granola bars and forgiveness over the rights of the self-reliant and productive citizens who love this city, and we chase away the fabric of the Denver community as we ask business owners to absorb the costs of chaos.”


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