Denver City Council Health and Safety Committee Meeting on Municipal Sentencing Reform – April 15, 2026

The Health and Safety Committee of the Denver City Council met on April 15, 2026, at 10:00 AM to consider Council Bill 26-0328, which would revise the criminal penalties for municipal crimes to align with state law and the Colorado Supreme Court's decision in People v. Camp. The meeting featured extensive public testimony, deliberation, and a motion to postpone the bill to May 13, 2026, which passed 7-0.

Consent Calendar

• Council Resolution 26-0488 – Amends a grant agreement with Harm Reduction Action Center, adding $239,375 for a new total of $968,127, extending the end date to December 31, 2026, to continue behavioral health and syringe access services. Approved by consent.
• Council Resolution 26-0489 – Approves a contract with La Clinica Tepeyac for $918,771 (through February 28, 2031) to provide HIV/AIDS care and supportive services. Approved by consent.
• Council Resolution 26-0490 – Amends a grant agreement with Hunger Free Colorado to amend Exhibit B for federal nutrition assistance enrollment under the Healthy Food for Denver’s Kids Initiative. Approved by consent.
• Council Resolution 26-0491 – Approves a contract with La Raza Services, Inc. dba Servicios de La Raza for $1,083,647 (through February 28, 2031) to provide HIV/AIDS care and supportive services. Approved by consent.
• Council Bill 26-0492 – Approves an intergovernmental agreement with University of Colorado Hospital Authority for $4,619,050 (through February 28, 2031) to provide HIV/AIDS care and supportive services. Approved by consent.

Public Comments & Testimony

• State Representative Javier Maybry (support) – Expressed full support for the bill, noting his role as prime sponsor of the Municipal Court Fairness Act. He argued that lengthy jail sentences for offenses of poverty (e.g., camping, loitering, trespassing) do not improve safety, cost money, and destabilize families.
• David Howard (oppose) – Argued the bill weakens accountability and enforcement. He cited the city attorney's concerns and urged a narrower bill that complies with the Camp decision without reducing penalties for low-level crimes that create disorder.
• Jen Garner (oppose) – Rejected the “crimes of poverty” framing, calling it insulting. She argued that reduced penalties would undermine leverage for treatment diversion and accountability, and would increase disorder.
• Leanne Fix (support) – A social worker with the Denver Office of the Municipal Public Defender, she noted that over 80% of clients have mental health conditions, substance use disorders, or traumatic brain injuries, and more than half are unhoused. She stated that longer jail sentences are not effective deterrents and often worsen conditions, and that the cost of jail ($240/night) could be better spent on supportive services.
• Brittany Chote (oppose, survivor) – A survivor of intimate partner abuse, she opposed the bill despite acknowledging improvements for domestic violence cases. She specifically criticized the “painless assault” provision, stating that coercive control and physical contact without visible injury are serious and often escalate. She urged the council to ensure survivor voices are heard.
• Courtney Garrett (oppose, requesting more time) – President and CEO of Downtown Denver Partnership, she emphasized downtown’s fragility and the need for a safe visitor experience. She asked for more time to engage with business and community groups, noting that only city agencies and PACE had been involved in depth.
• Kim Ray (support) – Denver campaign coordinator for the Colorado Criminal Justice Reform Coalition, she argued that the current system is unconstitutional, disproportionate, and relies on jail for low-level poverty-based offenses. She urged a yes vote to align with constitutional standards.
• Cecily Riney (oppose) – Testifying on behalf of the Rose Andom Center, she stated the bill functionally eliminates meaningful accountability for municipal-only offenses, particularly in domestic violence and child endangerment cases. She expressed concern that violations of protection orders would lose enhanced consequences for repeat violations, weakening protections for victims.
• Bayer Campbell (oppose, process) – Senior director of public affairs for Colorado Concern, he criticized the process, stating that version nine of the bill was received only a week prior and that the city attorney's office and community should have more voice. He urged letting experts implement the technical decision.
• Anaya Robinson (support) – Public policy director at ACLU Colorado, she argued that Denver's sentencing structure is outdated, unpredictable, and unlawful under Camp. She said the threat of lengthy sentences coerces guilty pleas and disproportionately harms low-income residents and communities of color by criminalizing survival.
• Letters read into the record:
  • District Attorney John Walsh (April 14, 2026) – Opposed the bill in its current form, arguing it goes beyond the Camp decision by reducing penalties for most ordinances not covered, without proper stakeholder discussion. He warned of increased caseload for his office and negative impacts on domestic violence and stalking victims.
  • Presiding Judge Lombardi (January 29, 2026) – Reassured the council that the Denver County Court is fully compliant with the Camp decision and that abrupt legislative changes are unnecessary. The court is already advising defendants of state maximum penalties and updating advisement forms.

Discussion Items

• Presentation by Bill Sponsors (Councilmembers Lewis, Gonzalez-Gutierrez, Parady) – The sponsors outlined the need to align Denver’s municipal code with state law following the Colorado Supreme Court’s 2025 Camp decision. Key data presented:
  • 12,000 municipal criminal case filings per year; 70,000 sentences over five years.
  • 75% of those charged are at or below the federal poverty line.
  • 24% decrease in reported crime (2021–2025) but 52% increase in municipal case filings.
  • 40% of charges in Denver jails are for municipal ordinance violations (mostly pre-trial).
  • Jail costs $240 per person per day.
  • Over the last two years, only about 100 people were sentenced to more than 10 days for municipal-only petty offenses; most received 15 days.
  • The proposed bill creates new offense classes (1–5) that align with state sentencing categories, preserving the highest possible sentences for crimes with state analogs. For municipal-only offenses, the bill sets a 10-day jail maximum (with $999 fine for some regulatory offenses) to avoid collateral consequences such as loss of benefits.
  • The sponsors emphasized that changes to the elements of crimes (e.g., assault, threats, trespass) were made only at the request of the City Attorney’s Office (PACE) to maintain the ability to prosecute at higher levels post-Camp.
  • They noted 10 meetings with PACE since August 2024 and extensive stakeholder outreach, including recent meetings with downtown business groups and upcoming community engagement sessions scheduled for April 21, 22, and 25, 2026.
  • Painless assault provision: The sponsors acknowledged concerns raised by Violence Free Colorado and stated they are open to further discussion but have not removed it to stay within the bill’s scope (sentencing only).
• Councilmember Kevin Flynn – Asked about a drafting error on page three (class two/class three) and questioned the 10-day catch-all for municipal-only offenses. He expressed opposition to that provision and suggested the bill is not ready for floor action, noting version 11 was received late the previous evening. He proposed holding the bill until engagement is complete.
• Councilmember Amanda Sawyer – Thanked sponsors for work but expressed concerns about enforcement impacts, particularly for DDPHE, Denver Fire, and DLCP (licensing). She heard from agency representatives:
  • Alex Fidol (DDPHE) – Stated the department is still learning about impacts, concerned about breadth of code provisions affected.
  • Molly Duplechan (DLCP) – Explained that for unlicensed operator violations, the fine remains $999 but jail drops from 300 to 10 days; for licensed business violations, the fine drops from $999 to $300. She expressed concern about decreased compliance, especially for problem residential rental operators.
  • Chief Desmond Fulton (Denver Fire) – Warned that removing the threat of jail time could reduce compliance with fire codes, potentially endangering public safety and firefighters. He urged slowing down. Councilmember Sawyer requested a middle ground to preserve enforcement leverage while achieving sentencing reforms and indicated she would hold her vote.
• Councilmember Jamie Torres – Asked for assurance that the bill does not weaken protections for repeat offenders or domestic violence cases, noting confusion from the DA’s letter and victim advocates. Sponsors explained that without the bill, all domestic violence-related offenses would revert to the lowest penalty, so the bill actually preserves higher sentencing for those crimes. They attributed some confusion to an email from the city attorney's office that went out between drafts.
• Council President Amanda Sandoval – Expressed support but raised concerns about the fire code and residential licensing, citing specific bad actors in her district. She urged including victim advocates (e.g., Rose Andom Center) in further discussions and supported holding the bill for more committee work.
• Councilmember Paul Kashmann – Supported the bill in principle but asked PACE for specifics on remaining concerns. Marley Bordovsky (PACE) stated the biggest sticking point is the 10-day catch-all, which swallows the rule and is lower than any other metro city's general penalty. She acknowledged some remaining issues with threats to property (including threats to pets) and flourishing weapons in domestic violence contexts.
• Councilmember Stacey Gilmore – Thanked sponsors for their work on criminalizing poverty, but raised concerns about domestic violence case increases and the difficulty for victims to come forward.
• Council Chair Darrell Watson – Stated that the steps beyond the Camp decision are a step too far for his support. He noted he had submitted 25 written questions to sponsors and would not have time to address them, but appreciated the conversation.

Key Outcomes

• Motion to postpone Council Bill 26-0328 to a date certain (May 13, 2026) was made by Councilmember Parady, seconded by Councilmember Sawyer, and carried on a vote of 7-0 (Flynn, Gonzales-Gutierrez, Parady, Sandoval, Sawyer, Torres, Watson).
• All consent items (26-0488 through 26-0492) were approved by consent without objection.
• The meeting adjourned at approximately 12:00 PM.