Bill Aimed at Curbing the Criminalization of Poverty & Over-Policing Introduced!

SB21-273 works to dismantle long-entrenched policing and jailing practices that lead to racial discrimination, unjust detainment, & the destabilization of vulnerable communities

DENVER, CO - Today, Senators Pete Lee and Dominick Moreno introduced their bill to promote liberty and equal justice under the law by enacting pretrial reform. SB21-273 works to curb detainment for low-level offenses – addressing perpetual cycles of abuse and mistreatment of vulnerable populations.   

“Justice and freedom are the cornerstones of American values. But since our founding, these values have been applied inequitably. For people of color, the poor, and socially marginalized justice is a rarity rather than a right,” said Senator Pete Lee (D-Colorado Springs). “One of the biggest culprits of this toxicity is reflected in jailing and arrest practices, where people’s freedom and even lives are taken away with a devastating level of frequency. It’s time to completely rethink how police interact with our communities and recalibrate the role money has in our justice system. Because access to funds shouldn’t determine a person’s right to freedom and non-violent, low-level offenses shouldn’t elicit an arrest.”

“Ability to pay should never determine a person’s freedom, however, we continually criminalize poverty when it comes to our justice system. The majority of people in our pre-trial detention system have not even been convicted of a crime, yet they sit in our jail cells simply because they cannot afford bail,” said Senator Dominick Moreno (D-Commerce City). “We cannot allow this unfair, discriminatory system to endure. This bill is a harm-reducing, common-sense policy that will make an enormous difference in holding people accountable, keeping communities safe, and promoting liberty and equal justice for all.” 

Colorado’s jail population has grown 800% in the last 50 years, largely comprising of low-level, non-violent detainees who simply can’t afford cash bonds. Black people have been disproportionately affected by this trend – being 8X more likely to be arrested than white people for lower-level offenses and 4X more likely to be killed in police custody. This has perpetuated cycles of instability among vulnerable communities and deteriorated society’s relationship with law enforcement. 

SB21-273 prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felonies; or a drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another. The bill also requires peace officers to prioritize the issuance of a summons for low-level, non-violent misdemeanors. Finally, SB21-273 establishes a Community Response Working Group to study and recommend safe, effective alternatives to law enforcement responses including incorporating mental health professionals and social workers.   

The bill was assigned to the Senate Judiciary Committee. To read the bill and find updates regarding its status, visit leg.colorado.gov.