Colorado Senate Bill 62 exemplifies just how radical criminal justice reform proposals have become. Ostensibly about bail reform and managing jail populations across the state, the bill, on closer reading, reveals its real aim: to eliminate police discretion to make arrests—even for serious felonies.
With certain exceptions, the bill “prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense; petty offense; municipal offense; misdemeanor offense; a class 4, 5, or 6 felony; or a level 3 or 4 drug felony” [emphasis added]. In Colorado, these crimes include most burglaries and auto thefts, along with many activities that would constitute felony arson. In other words, not only would police no longer be able to arrest suspects for minor offenses and serious misdemeanors; they also wouldn’t be able to arrest burglars, arsonists, and car thieves—even if the offenders are caught in the act. Police would be able only to issue a summons—the functional equivalent of a traffic ticket.
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