How to resentence juveniles behind bars for life

This week the Colorado Supreme Court issued a very important decision for the individuals in Colorado who were sentenced to serve life sentences without the possibility of ever being released on parole because they were convicted of felony murder charges as juveniles in the adult court system.

Our law at that time, between 1990 and 2006, required a life sentence.

The law was changed to provide for a sentence of life with the possibility of parole after 40 years. Juveniles (those under 18 years of age) convicted of crimes occurring after mid2006 for 1st degree murder, including felony murder, received a sentence with the possibility of parole.

In 2012, the U.S. Supreme Court ruled that imposing a mandatory life sentence without the possibility of parole for juveniles is unconstitutional, and in 2016, the court made this ruling retroactive.

All 50 states were therefore required to review such cases for resentencing. In Colorado, that meant 50 juveniles sentenced in adult court, including 18 cases in Denver (involving 17 individuals), had to be resentenced. Of this 50, 16 were convicted of felony murder (seven in Denver).

These cases are the most difficult and challenging cases for me, as an elected district attorney, to consider.

These are individuals who committed brutal and horrible acts as 15, 16, 17 year olds but who have now been in prison anywhere from 2225 years. Most of them have made great strides in prison; they have taken advantage of the trainings and courses offered and have expressed sincere remorse for what they did as young people.

Now in their late 30’s or early 40’s, they have connected with people on the outside who are willing to take them in and provide support for them to help them be productive members of society if they ever are released.

To provide guidance to our courts, the Colorado Legislature in 2016 passed a statute to provide two sentencing options for juveniles who received unconstitutional sentences: 1) for those convicted of Class 1 felonies (primarily intentional 1st degree murder) the presumptive sentence is life with the possibility of parole after 40 years; 2) for those convicted of felony murder (a death that occurred, however unintended, during the commission of a felony), the court may sentence the juvenile to a 30 to 50 year sentence with 10 years of mandatory parole if the court finds extraordinary mitigating circumstances.

Legal minds differed on the constitutionality of the felony murder provision of the new statute. Some of my fellow district attorneys challenged the state law in the Colorado Supreme Court and argued that the statute created a “special class” of individuals on whom a certain benefit was bestowed contrary to our state constitution. I disagreed with that challenge and argued before the Court that the distinction between Class 1 felonies and felony murder was constitutional and did not create a “special class.”

As a legislator in 2016, I voted for the legislation that was being challenged and I argued for it to be upheld by the Colorado Supreme Court.

There is a great deal of scientific research demonstrating that the adolescent brain is not fully developed until ages 25 or 26; the last areas to develop control impulses and judgment.

In the 18 Denver cases consis tent themes concerning these individuals emerge including abusive and neglectful upbringings, constant movement between schools throughout development, alcohol and drug abuse, intellectual and developmental delays, lack of a stable adult figure, easy access to guns, influence of gang members, and lack of hope or direction.

None of these factors in any way excuse the taking of another’s life nor do they in any way ease the horrific and enduring pain felt by family members of those lost. I have spoken with many family members who describe the constant pain and horror of losing a loved one in this way. Most are not receptive to these individuals being released from prison for very understandable reasons. There are others who have forgiven the individuals and who do not think they should spend the rest of their lives in prison.

In determining what position this office will take at a resentencing hearing, I look at all of the circumstances of these cases, the individuals involved, the victims’ families input, the position of the attorneys and staff in the office who were involved in the cases, the support available on the outside, the circumstances of the person’s upbringing, behavior in prison, and any expert and psychological reports. My office has agreed to 30 to 50 year sentences in some of these cases. In other cases, individuals were sentenced to life with the possibility of parole after 40 years, and some remain pending.

The bottom line for me is that I do not think that a sentence to life without ever having the opportunity to be considered for parole or the hope of ever being released from prison is appropriate for juveniles. As noted in the U.S. Supreme Court decision, children really are “different.”

As for those convicted of felony murder (versus first degree intentional murder), the possibility of a determinate sentence between 30 to 50 years is appropriate as determined by our legislature. I am gratified that the Supreme Court here in Colorado agreed.

I will continue to work with members of our community to improve the process of adjudication and punishment for juveniles.