Lowering penalties for marijuana possession and ramping up punishments for DUI

denverpost.com - Sentencing laws and prison costs
As legislators prepare to act on a state commission's proposals, officials first must determine how they'll affect overall costs.  Lowering penalties for marijuana possession and ramping up punishments for repeat drunken drivers are both promising ideas that ought to be considered as part of state sentencing reform.

We're glad to see the Colorado Commission on Criminal and Juvenile Justice pursuing these changes. But before the ideas get too far along, it will be important to get a handle on the economic impact of such a restructuring.

Would the overhaul result in overflowing jails? Will counties have the resources to accommodate changes? Is there any way to realize some savings in prison expenses?

Prison cost reduction is one of the main reasons the commission was formed. As corrections eats up an increasing portion of the state's general fund, it is imperative to figure out a way to slow the growth.

The commission is set to finish its work by the end of December, and then it will forward suggestions to the governor. Ultimately, restructuring sentencing laws will fall to legislators, who convene in January.

State lawmakers need to quickly get their arms around the financial implications of sentencing reform because anything with a significant price tag is going to be a waste of their time given the budget situation. Ideally, they'd realize savings.

The last sentencing reform bill, introduced in the waning days of the last legislative session, was shelved in part because no one knew how it would affect the budget.

The measure, sponsored by state Sen. John Morse, D-Colorado Springs, and Rep. Claire Levy, D-Boulder, offered some good ideas with its reduction in sentencing ranges for non-violent, property and some drug crimes.

It seems like the commission, which most recently met last week, is considering some of the same directions.

Commission members voted to recommend dialing back penalties for marijuana possession. Those caught with up to 4 ounces of marijuana would face a petty offense instead of a criminal misdemeanor. Possession of 8 to 16 ounces would become a misdemeanor instead of a felony.

Those changes are in keeping with trends around the state as voters have been taking a more lenient view about marijuana use.

The commission still is contemplating whether to ratchet up punishment for repeat drunken drivers. We hope there is a way to do this without causing budgetary problems.

On the table is a proposal for drunken drivers to be jailed for at least 30 days on a second offense and 60 days on a third offense.

Arapahoe County Sheriff Grayson Robinson, who headed the commission's DUI committee, also suggested getting repeat offenders counseling while they're dry and in jail, which is an excellent idea.

We're also glad to see the commission is revisiting its prior decision to loosen up penalties for those caught driving without a valid license. A recent legislative audit report saying more than 225,000 people are driving illegally in the state and are involved in a quarter of the state's fatal wrecks was a shocker.

Clearly, easing penalties is the wrong way to go on this problem.

The progress of the state's sentencing reform commission has yielded some encouraging initial progress. We look forward to the finished product.