In a hopeful sign, a state House committee has approved a bill to allow juveniles tried and convicted of murder as adults to be considered for parole after 40 years.
There’s also a weak but encouraging glimmer in an offer from the Colorado District Attorney’s Council to “discuss” reforming a draconian law that condemns some juveniles to life without parole. But the proposal could founder: The DAs, Attorney General John Suthers and Gov. Bill Owens all oppose a clause to make already sentenced juveniles retroactively eligible for parole.
House Bill 1315, sponsored by Rep. Lynn Hefley, R-Colorado Springs, in the House and Sen. Ken Gordon, D-Denver, in the Senate, cleared the House Judiciary Committee last week 7-4. Hefley, who’s sought the reform for seven years because of what she believes are past injustices, was the sole Republican voting for the bill.
A 1993 Colorado law allows juveniles as young as 14 to be charged in adult court for first-degree murder and sentenced to life without possibility of parole in adult prisons, including minors with no role in the actual killing. As Post reporters Miles Moffeit and Kevin Simpson noted in a four-part series last month, 45 juveniles are serving life without parole. Since 1998, a total 1,244 youths have been convicted as adults. Prosecutors have sole discretion on the decision to file in adult court. As we’ve said before, that’s too much power to put in the prosecution’s hands. Such a decision should be made by a judge.
Although the district attorneys’ council said it’s willing to discuss parole after 40 years in future cases involving juveniles, “we’re united against retroactivity,” said Tom Raynes, Gunnison County district attorney.Denver District Attorney Mitch Morrissey says that’s because the legislature “doesn’t have the authority to go in and change a sentence once it’s final,” citing a 1973 state Supreme Court decision, People vs. Herrera, which blocked a previous legislative attempt to reduce already- imposed sentences.
“We concur that it’s probably an unconstitutional invasion of the separation of powers… once a sentence is imposed, only the executive branch can grant relief – either pardon or commutation,” said state Attorney General John Suthers.
Still, Hefley included a retroactivity clause in H.B. 1315, saying that lawyers who helped write it felt “that it would be constitutional.” Nonetheless, a detailed opinion is being sought from the office of Legislative Legal Services. Senate sponsor Gordon also wants a legal opinion on the constitutionality of retroactivity and also will ask Owens if he would veto a bill containing a retroactivity clause. Owens said last week he could support parole for future, not past, offenders.
One way or another, Colorado must quit locking up all underage killers forever. Life without parole implies there’s never any hope of redemption – a premise that should be rejected.
