Legislation to Prohibit Excessive Sentencing for “Failure to Appear” Passes Senate

Bill would ensure that an individual’s failure to appear at a scheduled municipal court date may not form the basis of a criminal charge or jail time

DENVER, CO – A bill to protect Coloradans, particularly low-income and unhoused individuals, from excessive sentencing for missing a municipal court date passed the Senate today. 

Sponsored by Senators Nick Hinrichsen, D-Pueblo, and Mike Weissman, D-Aurora, SB25-062 would address the excessive penalties some Colorado municipal courts impose for Failure to Appear (FTA) charges, which can significantly exceed the punishment for the original offense, typically a charge for loitering or trespassing.

“We need to hold people accountable for their actions, and this bill ensures local governments still have the tools to do that,” said Hinrichsen. “But in Pueblo, a person spent over a year in jail simply for missing court over a littering charge, while people with more serious offenses were released early due to overcrowding. This isn’t public safety, it’s weaponized cruelty. This bill will ensure local resources are focused on true public safety concerns.”

“There are proven ways to improve court appearance rates, like automatic text reminders,” said Weissman. “But excessive jail time for minor municipal offenses like trespassing and loitering isn’t one of them. Instead, it criminalizes poverty and has devastating, lifelong consequences for our communities. By limiting this practice, we can keep families together and uphold fairness in our justice system.”

FTA charges disproportionately impact low-income and unhoused individuals who often miss court for reasons like lack of transportation or child care. 

The bill now heads to the House for further consideration. Track the bill progress HERE.