Good news from the state of Colorado. House Bill 1271 passed 45 to 20 in the GOP-controlled House, riding a wave of bipartisan support, despite its controversial nature.
The Colorado State Senate deserves kudos for taking another step toward stripping the state’s district attorneys of their ability to “direct file” the cases of juvenile offenders into the adult prison system.
The measure has two major positive effects. First of all it raises the age at which a juvenile can be charged as an adult from 14 to 16 years old. Second it reduces the number of youth offenders that can be direct-filed into the adult prison system. While the direct-file option is not completely off the table, it would be reserved for truly extreme cases such as murder or violent sex crimes.
Everything that brings this closer to Gov. John Hickenlooper’s desk is a positive step for the state.
Eli Stokolis of Fox 31 reports:
Supporters of H.B.1271 have pointed to a recent study by the Colorado Juvenile Defender Coalition based on a review of 3,000 cases between 1993 and 2011, showing that direct file has disproportionately affected teenagers of color and that nearly all of the cases — a whopping 95 percent — lead to plea bargains before the case ever goes before a judge.
‘Some of the decisions made in 1993 were overreacting to the circumstances,’ said Sen. Evie Hudak, D-Westminster. ‘Direct File puts children in adult jails which do not have separate areas for juveniles; they do not provide educational services.
‘We need to treat children differently than adults,’ Hudak continued. ‘The victim may be an adult, the crime may be adult-like, but the perpetrator is a person who has not been fully formed yet. They are juveniles!’
It should be noted that the number of direct-file cases has dropped by more than half over the last year, mainly due to 2010 legislation expanding the number of factors that must be considered by the district attorneys.
Even so, the remaining cases still constitute way too many wasted lives.
We applaud the Colorado Senate and look forward to the day that Gov. John Hickenlooper has the opportunity to sign it into law.
