Vote "No" on Proposition 102

DRAFT

Proposition 102

Proposed Initiative

Adds new language to Section 16-4-105 (3) (d) of the Colorado Revised Statutes that prohibits judges from releasing a defendant to a pretrial services program who has been charged with anything other than a first offense nonviolent misdemeanor, unless the defendant provides a secured bond.  Judges would still have the ability to release defendants before trial without a bond, provided they are not referred to a pretrial supervision program.

Likely Consequences

1.      Many poor defendants will not be able to post the bond required by this change in the law, therefore increasing the number of persons incarcerated prior to trial.  The Colorado Legislating Council estimates that this would cost local governments about $2.8 million a year to provide the additional jail time required.[i]

2.      In some communities, more jail space may have to be built to house more defendants.

3.      Poor defendants will be less able to avoid pretrial jail time than will defendants with more financial resources, resulting in differential treatment based on financial means.

4.      Because judges will still be able to release defendants if they are not referred to a pretrial services program, they may be inclined to do so for defendants without the means to post a secured bond.  These defendants will therefore go unsupervised, raising public safety concerns[ii] and reducing the chances that defendants will stay out of trouble prior to their trial date.

5.      For many defendants – especially non-violent offenders subsequent to their first arrest – a pretrial services program is helpful to the defendant and cost-effective for the community, without compromising public safety.   This proposed change in Colorado law removes this option from the judge’s discretion.

Position of the Democratic Party of Denver

Under our system of justice, defendants are presumed innocent until proven guilty. The proposed change turns security bonds, whose purpose should be to protect the public and minimize flight risk, into a form of pretrial punishment.  Our justice system also assumes equal treatment under the law; yet the proposed change clearly discriminates against defendants without financial means. It reduces the discretion of judges, increases the cost to local governments, and limits the appropriate and cost-effective use of pretrial services. The change is supported primarily by the bail bond industry as a means of increasing their revenue at a cost to the public in money and, potentially, in public safety.   The Democaratic Party of Denver therefore OPPOSES adoption of Proposition 102, and urges a “no” vote in the November 2, 2010 General Election.