Health and Safety

Wednesday, April 15, 2026, 10 a.m. (Denver time), City & County Building, Room 391

Video of the meeting

On the agenda

Documents

Summary

The Health and Safety Committee, chaired by Council Member Darrell Watson, held an extended meeting on a single action item: an ordinance revising criminal penalties for municipal offenses to align Denver's code with the Colorado Supreme Court's People v. Camp decision and state sentencing law. The bill sponsors presented a detailed overview of the proposed offense classes, the 10-day cap for municipal-only/petty offenses, regulatory-offense fine structure, elimination of mandatory prostitution fines, and an extensive stakeholder timeline going back to August 2024. Nine members of the public testified, split between supporters of sentencing reform and opponents (largely business, victim-advocacy, and enforcement perspectives); the committee also could not accommodate everyone who signed up. The chair read into the record a letter from District Attorney John Walsh opposing the bill and a letter from the presiding judge of the county court stating the court is already in compliance with Camp. Council members raised questions about the 'catch-all' general penalty, impacts on agency enforcement (Denver Public Health and Environment, Excise and Licenses, Denver Fire), domestic violence protections, and repeat offenders. The item was postponed in committee to May 13.

Transcript

0:07 Welcome back to this weekly

0:08 meeting of the Health and

0:09 Safety Committee with Denver

0:15 City Council. Coverage of the

0:15 Health and Safety Committee

0:17 starts now.

0:33 And there was good Good

0:34 morning. APRIL 15 tax day and

0:35 you are at the Health and

0:38 Safety Committee meeting. My

0:39 name is Daryl Watts and I'm

0:40 honored to serve as the chair

0:41 of this committee as well as

0:42 the city council member

0:44 representing all of the fine

0:45 district 9 before we begin

0:47 with our one action items

0:49 today. When we go around the

0:50 room for a introduction for

0:51 city council members will

0:54 start for us on the right and

0:54 then I'll verify their council

0:56 members that are online. So

0:57 Councilmember Flint under

0:58 Kevin Flynn, Southwest

0:59 numbers, District 2. Good

1:02 morning. Stacie Gilmore

1:03 District 11. Good morning.

1:07 Paul Kashmann himself make

1:10 sense. Survey one of tell just

1:17 today we're going to district

1:19 Good morning. Everyone said I

1:19 can solace because your other

1:24 councilmember at large morning

1:26 the about customer district,

1:28 Jerry Torres was Denver

1:31 district. 3. Even has been key

1:33 to success and just checking

1:34 to see, do we have a council

1:35 member coming in virtual this

1:42 morning. That's a no.

1:49 Today we have one action item.

1:51 It ordinance to revise on

1:55 criminal penalties for

1:57 municipal offenses. This is an

1:58 extended to our meeting. We

1:59 have public comments as well.

2:02 Once we move from the

2:03 presentation from the sponsors

2:05 will go directly into public

2:06 comments and I'll share kind

2:07 of the announcement of how

2:10 that public comment process

2:12 will be facilitated. But first

2:12 to council sponsors the floor

2:13 is yours for your

2:17 presentation. Thank you. So

2:18 good Good morning, everyone.

2:19 And here to discuss or

2:21 billiken at municipal

2:22 sentencing. We said before,

2:25 because we've been many times

2:26 count on in the U.S. Can

2:26 something that sounds good

2:29 years. Incomes, women, parity,

2:31 we're excited to this change

2:32 will work, which is an

2:33 opportunity for us to align

2:35 our municipal code which state

2:36 charges and will allow the

2:37 prosecution in code

2:38 enforcement team to continue

2:39 to enforce important aspects

2:43 of the municipal code in the

2:44 city. A pass here. Either of

2:45 you want to add anything at

2:52 this moment. Once you're done.

2:53 And then I was to on this

2:55 like, no, I'm good. I'm good.

2:57 Now. Thank Kate. So we have

2:59 presented this numerous times.

3:03 All of you in a in our faces.

3:03 Lots of in in briefings and

3:04 things like that. So when talk

3:06 about what the problem and

3:08 that we're trying to address,

3:10 we know that in 2021, the

3:13 state legislature passed a

3:14 policy to change the

3:18 sentencing structures for

3:19 misdemeanor offenses. That

3:21 work was at the direction of

3:25 the governor and worked on in

3:29 a bipartisan multi stakeholder

3:30 fashion because at the state

3:31 it is partisan So this is a

3:32 little bit different than for

3:35 us here at the municipal

3:36 level. With that what that

3:37 created was an inequity when

3:41 it came to municipal crimes

3:42 versus state crimes that had

3:44 same type of conduct or that

3:48 were similar types of crimes

3:50 where we people in Denver are

3:51 facing senses up to 30 times

3:55 higher. And we say facing

3:56 because they could and what

3:58 was in our current ordinance

3:59 is that people can face up to

4:00 300 days in jail for the same

4:02 types of offenses that they

4:04 then got to 10 days. I'm so

4:08 sorry. So 2025 DECEMBER. 25 we

4:12 know that the Colorado state

4:13 Supreme Court, did make a

4:13 ruling and the decision was

4:16 that this was deemed

4:17 constitutional, that these

4:19 thresholds were different.

4:28 One? Oh, yeah. Okay. And

4:32 that's what you're it. So

4:34 going into what the current

4:35 landscape as I mentioned

4:42 before. As I mentioned before,

4:44 the current in our current

4:48 ordinance is a we have the

4:49 maximum sentence of up to 300

4:51 days in jail in 9 and a $999

4:52 fine, because that is our

4:56 city's general penalty. We do

4:57 not have our crimes at the

5:01 municipal level and Marked out

5:02 in different classes, right?

5:04 Just as they do at the state

5:04 level. We don't have that

5:08 currently in our ordinance. So

5:09 that currently what we're

5:14 dealing And the types these

5:14 types of sensors can carry a

5:17 lot of collateral consequences

5:18 from those that they get these

5:20 kinds of charges. And even

5:21 what by the mere fact of

5:24 having this kind of level of

5:27 sentencing penalty on the

5:28 books can create all kinds of

5:31 implications when it comes to

5:34 immigration status. When folks

5:35 are going into jail for long

5:37 periods of time, they face

5:39 losing public benefits such as

5:40 Social Security's snap

5:45 benefits, housing income,

5:46 Medicaid and the and in

5:46 sometimes and in some cases

5:47 can risk losing the custody of

5:48 their children depending on

5:52 the situation. And I did

5:53 discuss the problems all go to

5:56 the next slide. Thank you.

5:57 Skip, municipal numbers and

5:59 those bullet points. Was you

6:03 want to go into it. Sure.

6:04 Yeah. Yeah. So on that front

6:09 line states So one back. The

6:10 other. The other we wanted to

6:12 highlight here is that just

6:13 more about the numbers of

6:14 actual violence that happened

6:17 at a municipal court. I know

6:17 everyone is sort of familiar

6:21 the idea that everything

6:22 that's kind of felony level or

6:23 even more serious

6:25 misdemeanors. Those are state

6:28 crimes, the conduct that

6:29 handle in municipal court is

6:30 more equivalent of petty

6:32 offense isn't low-level

6:33 misdemeanors. And so that's

6:35 where where focus, we're

6:37 seeing 12,000 municipal

6:38 criminal case filings every

6:40 single So that's it's just

6:42 pretty striking. If you look

6:43 back over 5 years, you'll see

6:43 about 70,000 sentences handed

6:46 down by the municipal court 3

6:47 quarters of those charged are

6:48 at or below the federal

6:51 poverty line, which I also

6:52 think just really worst kind

6:56 of letting that's again, in

6:56 terms of the crimes that we

7:02 are that are petty offense is

7:04 so crimes that under this bill

7:04 in the camp decision will now

7:08 carry a 10 day sentence. Those

7:08 are relatively unusual among

7:10 those 12,000 cases per year

7:12 over the last 2 years, there

7:16 were 100 people roughly who

7:18 were sentenced to more than 10

7:20 days in jail for a municipal

7:22 only offense that would now be

7:23 limited to 10 days. So that

7:25 would only change the sentence

7:28 in about 100 cases from about

7:28 25,000 cases to those 100

7:31 people that really matters.

7:33 And the difference between a

7:35 10 day sentence and a 15 day

7:36 sentence was which is the most

7:37 common like you know, sensible

7:38 see this bill that has been

7:39 given down for those meaning

7:44 only offense is 15 days. If

7:45 it's more than 10, right,

7:45 occasionally you'll see a

7:46 little bit more might be 20

7:48 might be 30, but 14 days is

7:50 the cutoff to lose a lot of

7:52 benefits. And one thing I just

7:53 want people to keep in mind is

7:55 that if that person, then if

7:55 they lose their Medicaid

7:56 because they've been in jail

7:57 for 15 days and said 10,

7:58 there's still gonna go to

7:59 Denver Health. Gonna get

8:01 treated but it's not going

8:02 cover. So that's part of what

8:03 we're really trying to address

8:04 is the benefits last that

8:06 backlash and that is part of

8:07 why 10 days is the rights

8:10 sensing level for those crimes

8:10 I've 100 people from the 600

8:13 that you see on the side, the

8:19 other roughly 500 are people

8:20 were Texans for more than 10

8:21 days for a petty offense that

8:23 now under the cap decision and

8:24 this bill has to go down to 10

8:26 days in the future. So for

8:28 those people, that's what the

8:29 sentence would have had to be

8:31 with sons after the camp

8:31 decision. And the bill

8:33 accomplishes that effect. So I

8:35 just want to point out that

8:36 discretionary portion of the

8:38 change sentences for petty

8:40 offense is is almost a

8:41 vanishingly small number of

8:42 cases. But to those human

8:43 beings that doesn't really

8:48 matter. So wanted to around us

8:50 and some more data. And so as

8:52 you can see from this slide,

8:54 there's been a 24% decrease

8:56 and reported crime from from

8:58 2021 to 2025, which is

9:01 represented by the Orange bars

9:02 on this slide. And at the same

9:04 time, there has been a 52%

9:05 increase in municipal case

9:06 filings in that same time from

9:09 2021 to 2025. Would you

9:12 concede with the blue bars on

9:14 the slide and so ensure crime

9:15 is falling. But the 5 filings

9:16 are increasing more and more

9:20 at the municipal level. In

9:21 addition to that, what we

9:22 wanted to talk about some of

9:24 the jail data. So how are

9:26 these filings affecting the

9:28 city? Well, the cost of jail

9:32 per day is $240 per person.

9:32 Those increased violence that

9:33 we showed you on the last

9:35 slide mean that 40% charges

9:35 that people are facing while

9:39 held in Denver. Jails are for

9:40 municipal ordinance

9:40 violations. Most of them

9:45 preach trial. We as we have

9:46 heard many times in the past

9:48 few years, this is also

9:49 creating a bad situation for

9:51 the sheriffs who are

9:52 understaffed and doing the

9:53 best friend of these different

9:54 circumstances. And that 60%

9:58 number just to be super clear

9:58 on the prior slide. We were

10:01 talking about filings, the go

10:02 through municipal court. So

10:04 municipal cases on the but the

10:05 jail will hold people for

10:06 other jurisdictions and for

10:07 state crimes. So people could

10:08 be in our jail even though

10:10 their case was in state court

10:10 or even Jeffco Adams County or

10:14 something like that anywhere

10:15 that they are being charged

10:16 prosecutor, they might be in

10:16 our jail for a period of time

10:17 by suspicions to jails. So 60%

10:21 people in the jail are from

10:22 those. You know, 25,000 cases

10:22 in the last 2 years that we're

10:26 talking about here. So in

10:28 light of these problems and

10:29 the Constitution,

10:30 constitutional requirements we

10:33 are proposing the following in

10:34 this bill revised the Denver

10:36 revise the Denver revised this

10:38 accent is is to the maximum

10:42 sentences for the same or

10:43 identical conduct. This this

10:44 reflects the constitutional

10:46 requirement revised sentences

10:47 for all offenses in the

10:49 municipal code that do not

10:50 have a comparable state

10:50 offense at the level allowed

10:53 for petty offenses under state

10:53 has it up to sentence of 10

10:57 days in jail for $300 fine.

10:58 Revised the language of

11:00 certain offenses to align

11:00 prohibited conduct with a more

11:02 stringent state law and retain

11:04 paces ability to charge higher

11:06 sentences, which includes

11:07 domestic violence, cages

11:08 cases. And one walk to that in

11:10 a bit. Rewrite a few offenses

11:12 to align with state law. But

11:14 in a way that does not change

11:14 the severity of the punishment

11:16 for sentencing guidelines

11:18 available maintain current

11:20 finds available for some

11:21 regulatory offenses to give

11:22 city department's needed

11:24 leverage for enforcement and

11:25 eliminate mandatory

11:26 Constitution, prostitution to

11:32 align with state law. Yes. So

11:34 this is these are the new

11:34 classes. Offense is that we

11:35 would be creating and every

11:38 one of them lines up with a

11:39 state law class and penalty

11:40 other class one, which I can

11:43 explain in a second. So each

11:46 of these align a sentencing

11:48 category at the state and

11:50 therefore with the maximum

11:52 that could be sentenced under

11:54 camp equivalent municipal

11:57 crimes. So by aligning these

11:59 we're we're preserving the

11:59 ability to charge of the

12:01 highest level. The capital.

12:02 The difference with the class.

12:03 One offense is that we've

12:08 always had this outlier

12:08 category or general penalty.

12:10 As COUNCILMAN He tries

12:13 mention, has been 300 days in

12:15 jail and a $999 fine. So

12:16 that's the penalty for the

12:17 vast majority minute spa

12:18 fences. And we've also have

12:22 this very short list that time

12:24 after our last pass through

12:28 this code, we left at 364 days

12:30 in a 19 fine for sleeping.

12:31 Those along changing any of

12:31 them. They will continue to

12:32 have that same penalty. But

12:36 Senator, for 30, so then the

12:37 class to class 3, a and class

12:40 for often says are again

12:44 designed to align with. To

12:45 allow us to align the

12:45 sentences for municipal crimes

12:48 with the highest possible

12:49 sentence for the equipment's

12:53 to crime. So what if the state

12:55 says you can have up to 120

12:56 days in jail on a $750 fine.

12:57 That's not what are called

12:58 will say. If the state says

12:58 you can have 9300, that's not

13:02 what are called will say. And

13:04 if the state says 300,010 a

13:05 show, that's not what will

13:08 say. So in all instances where

13:09 aligning state law to preserve

13:11 the highest possible sensing

13:11 authority where there's muck

13:16 about a crime. And then sent a

13:17 couple people asked about

13:18 these Class 5 often This is a

13:20 group that we don't think

13:21 house contains anything in the

13:25 never municipal code. But if

13:26 we ever had something like

13:27 that or learned of something

13:29 like that camp would mandate

13:32 us treating it in this book so

13:33 the state has a category of of

13:34 crimes that only get 100 are

13:37 fine. Those are usually on

13:40 state kind of fences. And so

13:41 there are things that we just

13:43 don't deal with that the So we

13:45 haven't found any overlap

13:46 between that category at the

13:47 state and what we currently

13:49 cover in our Muni Code. But we

13:51 figured that we should have a

13:53 category there say in the

13:53 future, we decide to add

13:55 something to our Muni code.

13:56 What we're now going prosecute

13:57 people in city court for like

13:58 some state regulatory

13:59 violation. I don't know why we

14:01 would do that. It should have

14:02 that 100 are fine. So it's

14:03 just sort of making sure that

14:04 we have that container there

14:06 to remain in compliance with

14:07 camp. But I don't believe

14:08 there's anything in it at the