In what seemed like a no-brainer, a commission established by Gov. Bill Ritter seemed headed down the road of recommending tougher penaltiesand more required treatment — for those who repeatedly drive drunk.
Instead, the panel, which has been studying wide-scale sentencing changes for two years, grew muddled at the last minute and in a pair of decisions opted to recommend changes that would make it easier for habitually drunken drivers to ply the roadways.
What?
Fortunately, the commissioners’ recommendations to lawmakers are nonbinding. But they do send a message that a “blue-ribbon panel of experts” within Colorado’s justice system advocates for soft treatment of the most dangerous drivers on the road.
That’s not good for Colorado, and we hope lawmakers ignore the advice and pass more reasonable legislation.
In a series of investigative articles this past year, The Denver Post has documented head-spinning examples of drivers who have repeatedly been arrested for driving under the influence. Far too often, these habitual offenders become involved in accidents that kill and seriously injure citizens.
In contrast to most other states, where repeat offenders are charged with felonies after a set number of offenses — usually a three-strikes provision — Colorado judges offer up a mix of jail time and home detention.
The severity of a sentence often is decided by a confounding array of factors including county jail capacity. Someone in one county shouldn’t get home detention while someone in another jurisdiction, who has committed the same offense, goes to jail.
Past legislative efforts to make repeated DUIs a felony have failed, due to strained budgets.
Enter the Commission on Criminal and Juvenile Justice. In October, the panel supported a package of recommendations that would require jail sentences and treatment programs for habitual DUI offenders. To help counties deal with the unfunded mandate, the commission also said it would recommend reduced penalties for driving with a suspended or revoked license.
The commission planned to suggest DUI offenders spend 30 days in jail on a second offense and 60 days for a third offense. Treatment for substance abuse would be required.
But last week, the commission reversed itself on the stronger penalties and kept in place the reduced measures for driving with a suspended or revoked license.
It did so despite the fact that many habitual drunken drivers drive with suspended or revoked licenses.
While we have been leery in the past of mandatory sentencing for crimes, drunken driving is a serious offense that each year claims lives in Colorado.
A majority on the panel wanted the tougher recommendations, but its rules required 75 percent consensus, which was not achieved.
We hope lawmakers are more unwavering in their attempts to craft meaningful penalties.
