Senate Votes to Curb the Criminalization of Poverty & Over-Policing!

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, the Senate approved legislation to promote liberty and equal justice under the law by enacting pretrial reform. SB21-273, sponsored by Senators Pete Lee and Dominick Moreno, works to curb detainment for low-level offenses – addressing perpetual cycles of abuse and mistreatment of vulnerable populations. 

“Freedom should never be based on finances. But tragically our criminal justice system has held the poor hostage for far too long,” said Senator Pete Lee (D-Colorado Springs). “Over-arresting and cash bond practices have led to low-level detainees being kept behind bars for days, even weeks – resulting in job loss, mental instability, and even death. This bill takes important steps to unravel unjust policies within our criminal justice system that: criminalize poverty, increase racial discrimination, and undermine our fundamental allegiance to liberty.” 

“In Colorado, our 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 – forcing presumably innocent people to languish in jail for days, weeks, or even years,” said Senator Dominick Moreno (D-Commerce City). “This is not only immoral but goes against our constitutional right to liberty. Pretrial reform is one of the most important ways we can stop the destructive cycle of over-policing and mass incarceration. We must restore trust in our criminal justice system."

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 will now head to House for further consideration. To read the bill and find updates regarding its status, visit leg.colorado.gov.