The Denver City Council on Monday approved a bill to update the city’s municipal sentencing requirements and to bring them in line with a Colorado Supreme Court ruling that prohibits cities from having harsher penalties than the state does for the same crimes.
The ordinance, approved in a 9-4 vote, goes beyond that ruling by also changing the sentencing scheme for municipal-only offenses. Those sentences could change even more after the bill also formed a working group to make recommendations for how those crimes should be penalized in the future.
The bill has seen more than a dozen iterations as the sponsors — Councilwomen Shontel Lewis, Sarah Parady and Serena Gonzales-Gutierrez — reached compromises with several groups that initially opposed their proposal.
“Our intent has been shown to be collaborative, pragmatic and common sense. … As we met with stakeholders we worked to understand their position and when they asked us to compromise, we did,” Lewis said.
The ordinance comes six months after the Colorado Supreme Court’s ruling that prohibits cities from handing down sentences that are harsher than the state’s penalties for the same offense. It goes beyond what the ruling mandates by also changing the sentences for low-level, municipal-only crimes in an effort to decriminalize what the sponsors have called “crimes of poverty.”
The ordinance reduces the maximum penalty for municipal-only crimes that don’t have a counterpart in state law to 10 days in jail and a fine of $300, down from the 300 days in jail or $999 fine that are the current maximums for most municipal crimes. Municipal-only crimes that don’t have a counterpart in state law include the failure to leash a dog, violating curfew, smoking indoors, disturbances of the peace and littering.
Mayor Mike Johnston, who once opposed the bill, ultimately supported it after working with the sponsors on keeping some of the most serious municipal-only crimes at a higher sentence. That includes crimes like threats to property, flourishing a weapon, indecent exposure and wrongs to minors.
The new municipal sentencing scheme break down offenses into five categories:
- Class 1, which deals with the most serious offenses, such as assault or domestic violence, would stay the same. Those penalties cannot exceed 364 days in jail and a $999 fine.
- Class 2 would now equate to a Class 1 misdemeanor offense under state law. These crimes — such as threats, trespassing and harassment — would be punishable by up to 300 days in jail and a $999 fine.
- Class 3, which includes prostitution, resisting arrest and shoplifting, would line up with Class 2 misdemeanor offenses under state law. People convicted under this tier would face up to 120 days in jail and as much as $750 in fines.
- Class 4 would encompass crimes considered petty offenses under state law, such as public urination, panhandling and public indecency. They would be punishable by up to 10 days in jail and not more than a $300 fine.
- Class 5 would concern civil infractions under state law and could not carry jail time.
The working group will consist of about 20 people, including representatives of the mayor, the city attorney, the municipal public defender, the Denver Police Department, and submit a written report by next March. They will consider decriminalizing certain offenses, changing fines and possibly changing jail times, Lewis said.
Council members Chris Hinds, Darrell Watson, Kevin Flynn and Amanda Sawyer voted against the bill, all saying that they would have supported a version that only changed the city’s ordinances to adhere to the new state ruling. Some said they also would have liked to see the working group formed ahead of any policy changes.
