The Senate Judiciary Committee today heard testimony on Senate Joint Resolution 8218, sponsored by Sen. Mike Carrell, R-Lakewood, which would amend the state Constitution to prevent accused criminals facing life sentences from being released on bail.
Article 1, Section 20 of the state Constitution reads, “All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great.” SJR 8218 would amend the state Constitution so that offenses which may result in a mandatory life sentence upon conviction are also not bailable.
“I’ve been discussing the bill with Senator Adam Kline, who chairs the Senate Judiciary Committee, and may have come to an agreement with him regarding the language of the resolution,” Carrell said. “The new language would read, ‘All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses and offenses that may result in a mandatory life sentence without the possibility of release upon conviction when the proof is evident, or the presumption great, subject to such standards of release upon bail as shall be determined by the Legislature.’ This means that the Legislature would be able to create a tool that judges must use when setting bail for offenders. We are going to give the people a chance to reinsert the Legislature alongside the judiciary in making these decisions and bring balance back to the system.”
Carrell added that in speaking with county prosecutors, he learned that what is considered a capital offense today is not the same as what was considered a capital offense in 1889 when our state Constitution was written. Carrell says back then, stealing horses and cattle were considered capital offenses as well, and that the definition of a capital offense, for which one could get the death penalty, has narrowed to the point that it essentially is a single crime – aggravated first-degree murder.
“We are adding to the definition of capital offense to reflect the reality that there are some incredibly dangerous individuals out there,” Carrell said. “The man who murdered Lakewood Police Officers Mark Renninger, Greg Richards, Tina Griswold, and Ronald Owens was not adequately addressed by the definition in the state Constitution, and we owe it to them and all law enforcement officers to change that.”
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Laura Stewart says
Thank you Sen. Carrell!
Loretta Bonfadini says
Bravo! It’s about time someone thought about the victims instead of the criminals. Thank you, Senator Carrell. You have my vote.
Cheri' says
Wow! Can you say “OPORTUNIST” Mr. Carrell you negate our Federal Constitution by fear mongering and using these unfortunate recent events to promote yourSELF. This is AMERICA-you are presumed INNOCENT until PROVEN GUILTY – NOT GUILTY UNTIL PROVEN INNOCENT! Your statement..”We owe it to them (Lkwd 4)and all law enforcement…” These folks uphold the law, they know the streets better than you do. If you want to help, why are you not addressing the Mental Health issues and lack of adequate treatment and housing? Remember when all those mentally ill folks were released from WSH due to lack of funding? How about reinstating the Pre-Release transitional housing for released felons (studies show this methodology works to halt re-offenders)and provide them with something more than $40 gate money, which won’t pay for most medications or a place to sleep or even a bus ticket to elsewhere. Instead of tying the hands of the judiciary with mandated sentencing, and putting a legislative albatross around their necks, why don’t you actually address the issue of the mentally ill on the streets that we ALL have to deal with. The idea of adding a legislative oversight to the judiciary is ridiculous. Isn’t the legislature responsible for the budget? What a great example of legislative oversight, and while we are at it, doesn’t the legislature have oversight of our prisons and mental hospitals? That would indicate to me that they (legislature) already have their hands full with their current responsibilities and should keep their noses and opinions off someone else’s job until they can do their own. Thank goodness you are not a judge. Judges are given latitude within the letter of the law precisely so they can fit the punishment to the individual crime; not cookie cutter convictions. If you think our prisons and jails are crowded now, just vote for this and see what happens. You would be PRE-INCARCERATING accused people, not convicted people. Isn’t that UNCONSTITUTIONAL?
Who is that famous person who said, “When you give up your freedom for perceived safety, you lose both.” Wake up Americans. Open your eyes Lakewood, please THINK before you VOTE.