Habitual offender law needs update

Recently we learned of the case of Marion Jetton, a cocaine addict who led a small-time ring of forgers to steal almost $9,000. Convicted in a Colorado courtroom, he was sentenced to 96 years in prison.

Nearly a century for his misdeeds. That’s pretty steep considering that even convicted killers have received much shorter sentences. As The Denver Post’s Christopher N. Osher recently reported, a second-degree murder conviction can mean a sentence of just eight years behind bars.

But Jetton is a repeat offender, and laws put in place years ago require that even low-level, nonviolent offenders who keep at it after their release face much greater time for their crimes the next time a jury finds them guilty.

In its current form, the habitual offender provision means that once a defendant is convicted of a fourth felony, enhanced penalties go into effect that require sentences four times larger than the maximum for the latest conviction. The judge who sentenced Jetton had little choice, despite noting that his was “a case in which nobody was injured, maimed or murdered.”

Another man, a veteran of the first Iraq war, was sentenced to 48 years for stealing a truck, despite a criminal past so paltry probation officers recommended probation.

Bad actors deserve punishment, but let’s be realistic. In cases where there’s hope that a petty criminal can be reformed, the system ought to be able to accommodate.

Against this backdrop, we’re pleased to know that lawmakers will consider reforming this dynamic when they recon- vene in January. Mandatory minimum sentences like the one triggered by our habitual offender law cost taxpayers and can easily lead to wasted lives in those cases where offenders reform in prison and could become contributors to our society. Judges should have more discretion, and automatic penalties should be lessened for nonviolent offenders.

Certainly, the reform effort has its critics. Osher reports that most Colorado prosecutors oppose reforms, arguing that even petty criminals hurt law-abiding citizens in profound ways.

But costs to taxpayers are also profound. Since the 1980s, Colorado’s prison population has swelled from about 5,000 to more than 20,000. Running the Department of Corrections cost $45 million back in the day. Now it’s the most expensive state agency, at $782 million. About 700 current inmates are habitual offenders.

Just as Jetton’s case highlights the stark reality of current law, it suggests what might be if reforms are put in place. Newcomer Denver District Attorney Beth Mccann, after learning of an appeal by Jetton, worked with the judge to craft a settlement to reduce his sentence to 24 years.

The shift means he has access to vocational programs and classes that are denied inmates with essentially life-long sentences. He’s taking a correspondence course in youth ministry and wants to work recording books for the blind.

Prisons aren’t just for punishment. Rehabilitation should be the goal where possible. We hope lawmakers are able to make Colorado’s habitual offender law more reasonable.