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Tag: Criminal Justice Reform

Brauchler Warns Colorado’s Legion Of Doom Is Reshaping Justice
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The Denver Gazette, Approved, Commentary, State

Brauchler Warns Colorado’s Legion Of Doom Is Reshaping Justice

By George Brauchler | Commentary, The Denver Gazette As a kid growing up in Colorado, I loved watching the animated series The Super Friends, who fought against evil and for good as a part of the Justice League. Superman, Batman, Wonder Woman, Aquaman, and more. They were opposed by the Legion of Doom and its cast of villains, always fighting for wrong over right.   Colorado has its own Legion of Doom under our Gold Dome in Denver, and you need look no further than how they have wielded their legislative superpowers to know who leads them. In the DC universe, it is Lex Luther and Sinestro. In the General Assembly, it is Democratic state Sens. Mike Weissman and Julie Gonzales.  No single individual in Colorado ...
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Colorado Lawmakers Advance Parole And Sentencing Changes in an Effort to Reduce Prison Population
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The Colorado Sun, Approved, State

Colorado Lawmakers Advance Parole And Sentencing Changes in an Effort to Reduce Prison Population

By Taylor Dolven and Rae Solomon | The Colorado Sun It’s unclear if the measures will be enough to offset the need for reopening one or two prisons. Colorado lawmakers passed two bills Thursday and are still considering a third aimed at reducing the state’s prison population, which has ballooned to the point where Gov. Jared Polis is recommending reopening up to two prisons. It’s difficult to say whether the bills, which Polis has yet to sign, can cut the prison population enough to offset the Department of Corrections’ space needs this year. But they represent the legislature’s latest effort to reduce the number of incarcerated Coloradans, which has increased 19% since 2021 even as crime rates have fallen. “This is part of the bigger conversati...
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Colorado Democrats Push Prison Release Measures As Capacity Pressures Mount
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CBS Colorado, Approved, State

Colorado Democrats Push Prison Release Measures As Capacity Pressures Mount

By Shaun Boyd | CBS Colorado Three months after the legislative Joint Budget Committee approved emergency funding for nearly 1,000 more beds in Colorado's prisons, the system is already near capacity again. Gov. Jared Polis asked the committee for up to $200 million to reopen a private prison. It set aside about $6 million to partially reopen the facility but, it will cost another $40 million a year to operate it. That's a non-starter for many Democrats who have introduced bills aimed at lowering the prison population instead. State analysis shows that while admissions have been constant, releases are down. State Rep. Jennifer Bacon says the Parole Board has released only 29 inmates this year out of nearly 240 who are past their parole e...
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If the state can take property without a conviction, no property is safe
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Rocky Mountain Voice, Commentary, State, Top Stories

If the state can take property without a conviction, no property is safe

By Rep. Ken DeGraaf | Guest Commentary, Rocky Mountain Voice Civil asset forfeiture began as a narrow exception in colonial maritime law, not as a general tool of domestic policing. In those early admiralty cases, the government often had jurisdiction over the ship or cargo, but not over the owner. The vessel might be in port, but the owner could be overseas, unknown, or beyond the reach of the court. In that circumstance, proceeding against the property itself—an action in rem—was often the only practical way to enforce customs law.  Justice Neil Gorsuch recently highlighted this history in his concurrence in Culley v. Marshall and asked the obvious question: if the government today has full jurisdiction over the person—if it can arrest, charge, and prosecute them directly—...
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Colorado murder bill advances: Sentencing cuts collide with voter mandate
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Rocky Mountain Voice, State, Top Stories

Colorado murder bill advances: Sentencing cuts collide with voter mandate

By Shaina Cole | Contributing Writer, Rocky Mountain Voice Colorado voters approved Proposition 128 in November 2024 with 62 percent support, requiring those convicted of second-degree murder and several other violent felonies to serve at least 85 percent of their sentence before becoming eligible for parole. Seventeen months later, House Bill 26-1281 is headed to the House floor. While much of the debate has focused on how the bill treats completed murders, most of its effect may come from how it changes penalties for attempted cases — incidents far more common in Colorado. The bill would reclassify some first-degree murder convictions as second-degree and also reduces penalties for attempted cases—crimes that occur far more often than completed homicides, including drive-by ...
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First In The Nation Reform Bill Limiting Unreliable Drug Test Arrests Signed By Polis
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Complete Colorado, Approved, State

First In The Nation Reform Bill Limiting Unreliable Drug Test Arrests Signed By Polis

By C.J. Ciaramella | Complete Colorado DENVER–Colorado recently enacted a law protecting criminal defendants arrested due to roadside tests for drugs, becoming the first state in the country to recognize widespread instances of wrongful arrests due to police departments’ use of often unreliable field drug kits. Both chambers of the Colorado legislature unanimously passed House Bill 26-1020, and Gov. Jared Polis signed it into law on March 26. Under the new statute, police can no longer make arrests solely for misdemeanor drug possession based on the results of what are know as “colorimetric” field drug tests and instead must issue suspects a summons to appear in court. The act also requires courts, before a defendant enters a plea in a case where a field test was used, t...
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Colorado law allows probation for child sex assault: A third attempt to require prison time
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Rocky Mountain Voice, State, Top Stories

Colorado law allows probation for child sex assault: A third attempt to require prison time

By Jen Schumann | Rocky Mountain Voice Correction: This story originally identified Sen. Marc Snyder by the wrong first name. His name is Marc, not Chris. We regret the error. Editor’s update: The Senate Judiciary Committee is scheduled to take up SB26-111 today at 1:30 p.m. Coloradans can watch live here. Seventy percent of people convicted of sexually assaulting a child in Colorado walk out of court on probation. Not prison—probation. Current law allows judges to impose probation for some child sexual assault convictions, and in certain cases prison is not required unless there are repeat offenses. SB26-111 would require prison time for anyone convicted. The bill has failed twice. A third attempt this year Reps. Brandi Bradley and Regina English have b...
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Colorado Must Reconsider the Imprisonment of Tina Peters
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Rocky Mountain Voice, Commentary, State, Top Stories

Colorado Must Reconsider the Imprisonment of Tina Peters

By Rep. Ken DeGraaf | Guest Commentary, Rocky Mountain Voice The case of former Mesa County Clerk and Recorder Tina Peters has become one of the most controversial legal and political episodes in modern Colorado election administration. But stripped of partisan rhetoric and competing narratives, the core issue before the public is far simpler—and far more troubling. Should an election official who believed she was preserving federally required election records spend years in prison for a disputed administrative decision? That question deserves serious reflection from every Coloradan, regardless of political affiliation. Public confidence in elections depends not only on accurate vote counts but on transparency in the systems that produce those results. When officials believ...
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Colorado Lawmakers Clash Over Bill To Decriminalize Prostitution
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The Denver Gazette, Approved, State

Colorado Lawmakers Clash Over Bill To Decriminalize Prostitution

By Marissa Ventrelli | The Denver Gazette Battle lines have begun to form at the Colorado state Capitol, where legislators are preparing to tackle a proposal to decriminalize prostitution statewide. Proponents said the proposal — which would eliminate the offense of soliciting for prostitution and the prohibition against patronizing a prostitute, as well as preclude local ordinances from banning “commercial sexual activity” — would result in safer and healthier outcomes for sex workers. Opponents said it would exacerbate human trafficking in Colorado, with one critic warning the legislation could lead to the state becoming a “mecca” for sex trafficking. Battle lines have begun to form at the Colorado state Capitol, where legislators are preparing to tackle a pro...
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Buyers walk free, survivors carry the scars: Colorado debates sentencing for child traffickers
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Rocky Mountain Voice, State, Top Stories

Buyers walk free, survivors carry the scars: Colorado debates sentencing for child traffickers

By Shaina Cole | Contributing Writer, Rocky Mountain Voice Colorado lawmakers confronted a question this week that has lingered for years under the gold dome: how far should the state go in punishing those who buy and traffic children? Two bills offered two different answers. Senate Bill 26-015 cleared Senate Judiciary on a 6–1 vote and was referred, as amended, to Appropriations. Senator Nick Hinrichsen cast the lone “no.” HB26-1082 went the other direction. Representative Scott Bottoms’ bill would have required life without parole in certain cases involving trafficked minors. It stalled in the House Judiciary Committee. No one in the room disputed the harm. That wasn’t the fight. The debate centered on sentencing, and whether judges should still have ro...
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