DENVER — This week, state lawmakers passed a resolution to fix another bill's unintended consequence. HB24-1225 and HCR24-1002 passed unanimously in both chambers. If passed by voters, the measure will amend Colorado's constitution and restore it to how court processes existed prior to a state Supreme Court ruling in 2023.
Before the ruling, people charged with first-degree murder could be held without bond if the judge found significant evidence against the defendant. Then the state's highest court ruled that because state lawmakers repealed capital punishment — the death penalty — in Colorado in 2020, first-degree murder must be eligible for bond.
Colorado voters will now decide in the November election whether to restore first-degree murder as a non-bailable offense. The bill will only be enacted if it receives 55% or more of the vote.
"The district attorneys — all 22 of them — decided this was the priority measure," said Jessica Dotter, a staff attorney with the Colorado District Attorneys' Council.
She advocates for policy on behalf of district attorneys across the state.
According to Dotter, more than 500 murder cases have been impacted by the state Supreme Court ruling.
"When you are accused of first degree murder you shouldn't be able to make bail no matter how much access to funds you have just because of the degree of community safety that comes with that sort of a crime," she said.
Every person accused of the crime now has a chance to bond out of jail before a potential trial. Judges have issued very high amounts but some defendants have been able to pay them.
A man in Aurora accused of killed a teenager paid $500,000 to get out of jail. A woman in Denver accused of shooting a 16-year-old paid a $200,000 cash or surety bond. In that case prosecutors requested a $5 million cash only bond.
"Suddenly it became like any other case where a judge had discretion to determine what sort of bond to set," said Dotter.
District attorneys and lawmakers think this crime should be treated differently. Now, it's up for voters to make it official.
Under this measure, a hearing would be held to determine if the proof is evidence or the presumption great. If the judge believes there is enough evidence against the defendant, then he or she can grant a no-bond hold.
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