Editor’s Note: Press Releases are provided to Yellow Scene. In an effort to keep our community informed, we publish some press releases in whole.

DENVER, CO – The Governor today signed legislation sponsored by Senate President Pro Tempore Dafna Michaelson Jenet, D-Commerce City, Senator Judy Amabile, D-Boulder, and Representative and Regina English, D-Colorado Springs, to improve services for people with behavioral health disorders in the criminal justice system.

“Everyone deserves to feel safe and protected in their interactions with law enforcement and the justice system, especially people battling serious behavioral health issues,” said Michaelson Jenet. “This new law works to streamline and protect access to the resources that the most vulnerable people in the criminal justice system need to heal and eventually re-enter their communities feeling healthier, stronger and more productive.”

“To create safer communities, we need to make sure Coloradans in the criminal justice system with behavioral health disorders receive the care they need to stand trial effectively,” said English. “Without consistent behavioral health care for these individuals, criminal trials are likely to be delayed, which hinders our justice system. This new law streamlines access to inpatient services for those in the criminal justice system to help reduce recidivism and prioritize justice for survivors.”

“Coloradans seeking support in the aftermath of mental health crises deserve comprehensive care and a system willing to treat them with dignity,” said Amabile. “Every American is owed the right to fair criminal trial, and we owe it to victims, defendants, their families and their communities to implement an equitable and dignified environment for proceedings to take place.”

SB25-041, cosponsored by Representative Mary Bradfield, R-El Paso County, will allow the Colorado Department of Human Services to continue providing inpatient services for up to 90 days after an individual’s case is dismissed because the person is deemed “incompetent to proceed.” It also allows the department to work with community organizations to provide permanent supportive housing for these individuals or those who complete the Bridges of Colorado program.

The new law was recommended by the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems Interim Committee, which is responsible for overseeing its associated task force and implementing recommendations regarding the treatment of people with behavioral health disorders in the criminal and juvenile justice systems.

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By Jason Gonzales, Chalkbeat Colorado (AP Storyshare)

People incarcerated for nonviolent offenses in Colorado could earn time off their sentence if they get a college degree or credential.

Supporters of House Bill 1037, which the House Judiciary Committee approved 11-2, say it will help incarcerated Coloradans find new opportunities and make it less likely they reoffend after release while also saving the state money.

The bill would provide incentives to state prisoners to take advantage of federal grants available to them starting this summer. The federal government also has expanded how many colleges and universities can educate incarcerated students, opening the door for more opportunities.

State Rep. Matthew Martinez, a Monte Vista Democrat sponsoring the bill, said to the Judiciary Committee that financial assistance removes the biggest barrier facing imprisoned students wanting to go to college.

“We’re getting them back on track and really making a difference in changing their lives,” said Martinez, who previously ran Adams State University’s prison education program. State Sen. Julie Gonzales, a Denver Democrat, is also sponsoring the bill.

Bikram Mishra, who testified to the committee, said that during his 10 years in a Colorado correctional facility his family helped pay for his college classes. It changed his life, he said, and he wants college access for other people in prison.

“We are trying to help people get better and we are trying to make sure that they’re ready for society,” Mishra said.

If signed into law, Colorado would allow students convicted of nonviolent offenses to earn six months off their prison sentence if they earn a college credential or certificate. It would also allow them a year off their sentence if they graduate with an associate, bachelor’s, or master’s degree.

Some Republican and Democratic lawmakers, however, advocated during the hearing for increasing the amount of time incarcerated students would earn for an early release. Some worried that a year off their sentence would not be enough to attract students to degree programs and they would instead seek out short-term programs.

The bill would split money the state saves by releasing incarcerated students early between higher education institutions and the Colorado Department of Corrections.

Republican state Reps. Matt Soper of Delta and Stephanie Luck of Penrose voted against the bill in part because they want the Colorado Department of Corrections to keep more of the savings.

But all committee members, even those who wanted to see changes, said they support the idea to encourage people in prison to get an education. They said the testimony of former prisoners-turned-college graduates moved them to support the bill.

Martinez said data shows graduates are less likely to reoffend, especially if they earn a bachelor’s or master’s degree. That also means less cost to society, he said. In 2018, Colorado had one of the worst recidivism rates in the country — half of all formerly incarcerated people returned to prison within three years. National studies, however, show incarcerated people are less likely to reoffend if they get access to education.

Christie Donner, Colorado Criminal Justice Reform Coalition executive director, said allowing incarcerated people the ability to learn while in prison goes beyond just what it saves the state. The bill represents the start of more conversations to ensure incarcerated people see a future for themselves, she said.

“Education helps you see yourself differently,” Donner said, “You have different ambitions and hopes and dreams and all that kind of good stuff. It’s really profound. And it’s so much better than just going to make license plates or sweep the floor or work in the kitchen. People can find a whole new life.”

Jason Gonzales is a reporter covering higher education and the Colorado legislature. Chalkbeat Colorado partners with Open Campus on higher education coverage. Contact Jason at jgonzales@chalkbeat.org.

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Gwen Inglis. Courtesy of Colorado Community Media

By Andrew Fraieli, Colorado Community Media (AP Storyshare)

A Jefferson County jury awarded $353 million in damages to the estate and husband of Colorado champion cyclist Gwen Inglis in the case of her death by a driver under the influence.

The driver was Ryan Scott Montoya, 31, who struck and killed Inglis in May of last year on Alameda Pkwy in Lakewood and had marijuana, meth and Xanax in his system at the time of the crash, according to court records.

Montoya pleaded guilty to vehicular manslaughter – driving under the influence in April, and was sentenced in June to eight years with eligibility for parole in 2025.

The day of Gwen’s death

“She was a champion gal like nobody’s business,” said Mike Inglis, Gwen’s husband. “She was just the epitome of what a good kid could ever be.”

The day of the accident was cool, overcast Sunday morning, Mike explained. He and Gwen had just finished a 45 minute ride around the Green Mountain park in Lakewood — a warm-up for Mike’s race later in the afternoon.

“That bike path around Green Mountain is just beautiful, and that’s where we live,” Mike said. “And we can just see all the mountain bikers on the mountain, it’s just truly a blessing to be there.”

Gwen had injured her ankle the previous weekend and wasn’t competing, instead riding for another hour after Mike.

“She said, ‘Alright, I’ll see you back at home,’ and, ‘I’ll see you in an hour,’ and I said, ‘I love you,’ and she turned back and said, ‘I love you too.’ Then she stood up and started going up the hill,” heading back down to Bear Creek, according to Mike.

He described Montoya’s tires barely not crossing the bike lane’s line when he almost hit him. Mike turned to another cyclist who was passing by: “I say to that guy, ‘That dude is going to kill somebody,’ and the dude goes ‘No doubt.’ And then three seconds later [Montoya] crossed directly over that white line for a foot and a half and just plowed Gwen.”

“I would have been home in six minutes,” Mike said.

The $353 million verdict

“We feel that far too often drivers are not punished for hitting cyclists,” said the family’s lawyer, Megan Hottman, a fellow cycling professional and teammate of Gwen. “We see all the time that people don’t even get jail time, they get a light slap on the wrist.”

The Inglis family had filed a civil lawsuit against Montoya only a week after the accident, the verdict of which was released Dec. 6 awarding the family $353 million. According to Hottman, the goal of the lawsuit was to “deter others from this conduct and to hopefully save other cyclists’ lives.”

Hottman elaborated that a specific amount for damages was not asked for in the lawsuit, wanting the jury alone to decide how serious to take the case. “So, the jury sent a very strong message that this is not behavior that they tolerate,” she said. “And as members of the Jefferson county population, that sends a really strong message to the entire county.”

According to CDOT statistics, for the year leading up to the May accident causing Gwen’s death, there were at least 113 car crashes involving a bicyclist in Jefferson county — three of those were fatal, not including Gwen’s. There were ten total crashes that May alone. Since then, there’s been at least an additional 169 crashes, one of which includes Hottman herself.

In June she was hit while cycling and badly injured, appearing at Montoya’s sentencing hearing in a wheelchair with a broken shoulder and a broken knee. “I hadn’t undergone surgery yet, that was two days after I was hit, and I spent most of my summer in a wheelchair and using a walker,” she elaborated.

She believes there needs to be both better infrastructure and tighter laws and punishments for DUIs.

“The eight years was a very dissatisfying sentence,” Hottman said. “Montoya is parole eligible in 2025. So, he’s only going to do a few years and then he’ll be back out.”

Gwen’s husband, Mike, agrees.

Mike Inglis’ hope for change

According to Mike, Montoya stated in court that he was unaware of the Colorado state law requiring drivers to stay three feet from cyclists while passing them.

“You get taught that,” Mike said, whether from driver’s education or otherwise. “But there’s no refresher in society.” He sees this lack of education as a major avenue for improvement for safety. “Maybe that’s what we’re lacking, there’s just nobody educating the general population on things that should just be good etiquette.”

Infrastructure is another. Rumble strips to alert a driver they are drifting into the bike lane, and painting those lanes a bright color like green are cheap, easy improvements Mike believes could have prevented Gwen’s death. Commenting on painting the lanes, it allows driver’s to be more confident as they know where a cyclist’s path is, and when it may be crossing the road.

More so, he believes restrictions need to be tightened for driver’s with DUIs.

He wants to see minimum insurance increased for repeated offenders, pointing out that the insurance payout from Montoya didn’t even cover Gwen’s funeral costs. He also highlighted that Montoya had been arrested for a DUI ten days before striking and killing Gwen.

According to court records, the incident happened in Gilpin County, and Montoya pleaded not guilty.

“How does he have his driver’s license? How’s that even possible? Nobody on the planet would say that is a good idea, but here we are,” continued Mike.

The $353 million verdict breaks down into three categories: economical, or lost wages from Gwen’s death; non-economical, or emotional damages; and punitive, or the punishment and deterrent for others breaking the law.

Mike highlighted the emotional damages, saying, “It’s for the pain and suffering for me having to breathe into my wife’s mouth on the side of the road as they turn blue. That’s probably not one of the best things that a military paramedic ever wants to have to do, but that’s what I ended up doing.”

The deterrent charge was the highest though, at $250 million, as Hottman pointed out, with hopes that it makes an impact as well.

“If the general public feels like they can cavalier around cyclists and they don’t have to drive safely around them because they don’t fear going to jail, we were hoping that a civil verdict in this size would be frightening and scary and sobering enough that people will think twice about how they drive around cyclists,” said Hottman. “And more generally, they will think twice before they get behind the wheel if they’re impaired.”

Colorado Community Media is a network of more than two dozen print and online publications in eight counties around the Denver area.

The post Husband hopes $353 million award in death of Colorado cyclist Gwen Inglis sends message to drivers appeared first on Yellow Scene Magazine.

Editor’s Note: Press Releases are provided to Yellow Scene. In an effort to keep our community informed, we publish some press releases in whole.

Join us to learn about public safety and criminal justice reform efforts!

This event will provide updates and a panel discussion on topics including:

• Crime trends and our work on gun violence, auto theft, hate crimes, and more
• Community Safety & Wellbeing updates from community leaders
• Racial Justice efforts
• DA’s Office Data Dashboard

DAIRY ARTS CENTER
Gordon Gamm Theater
2590 Walnut Street, Boulder, CO 80302

November 1, 2022, 6-8 PM, Doors open 5:30 PM

Free registration: bit.ly/safetyupdate2022

For more information, visit bouldercounty.gov/district-attorney

The post Community Safety & Justice Discussion with District Attorney Michael Dougherty & Other Community Leaders appeared first on Yellow Scene Magazine.

Graphic by De La Vaca; original photo by Paul Wedlake

This year we have been highlighting Actionists, a term coined by Candice Bailey (Feb. 2021 YS) – an ex-felon who had to sue to be able to run as a candidate in Aurora’s City Council race this year. Candice describes Actionists as more than activists: they are the people doing the work to change the broken aspects of America’s systems.

When I chose Boulder County District Attorney Michael Dougherty to be an Actionist, it was met with a lot of resistance – for good reason. District Attorneys wield extraordinary power. DA’s have been one of the major contributors to America’s broken justice system.

Historically DA’s are more focused on winning the case, than the actual details of the case. I have spoken to several defense attorney’s that expressed that Deputy DA’s often do not even look at the case until the day of trial. Data shows that a black man will be given a much harsher sentence than a white man for the exact same crime (United States Sentencing Commission, 2010-2016). America’s incarceration rate is the largest in the world, with over 2.12 million people behind bars. Over half are there for non-violent crimes, and nearly a half a million people are sitting in jails because they can’t pay the bail. People are moved through our judicial system like cattle, especially if they lack the funding for their own attorney.

So why would I choose a District Attorney as an Actionist? Systemic change is glacially slow and sometimes we have to take our wins where we get them.

Michael Dougherty spent more than two hours with me for this interview, knowing I am a harsh critic of the judicial system and District Attorneys. Rather than discuss the King Soopers case which is ongoing, we focused on the work that impacts systemic changes.

He tells me, “There is still a lot of work to do” (and he is right about that).

Michael is, however, one of the first DA’s I have met over the last two decades that has helped lead the charge on even having a conversation regarding justice reform.

Photo: Paul Wedlake

He continues, “As a DA, I should be part of helping lead the way to justice reform. We have a commitment to public safety, but we can also lower the rate of offenses. I think about how many lives we damage in terms of incarcerated individuals, but also future victims, taxpayers as long as we allow the cycle to continue.”

While deeply concerned with justice for the victims of violent crimes, he acknowledges there are too many incarcerated people that should be receiving mental health and addiction services instead. He is a harsh critic of for-profit justice systems and states the private industry needs to be driven out of the current legal ecosystem. He is committed to restorative justice and to sentences that do not return people to the system (currently, Colorado has one of the highest recidivism rates in the country). He is currently the co-chair of the Sentencing Reform Task Force for the state and supports current legislation that helps to reform the system. He has served as the head of the Criminal Justice Section for the Attorney General and led the Colorado DNA Justice Review Project.

When asked about what changes have been made at the Boulder County District Attorney’s office since his appointment, I am given a solid list of programs that he introduced or expanded:

• Restorative Justice & Diversion Program
• Conviction Integrity Unit to review claims of wrongful convictions
• Mental Health Diversion Program – the only one in the State of Colorado
• Fresh Start Warrant Forgiveness Program – the first one in our state
• Immigrant Protection Program  – expansion of this program.
• Vera Institute of Justice data analysis to identify & root out racial inequities
• Bias & Hate Crimes Initiative to combat the rise in hate crimes
• Driver License Diversion Program to reduce the criminal justice footprint in the lives of those with low-level driving offenses
• Domestic Violence Acute Response Team

Photo: Paul Wedlake

His office has diverted the restorative justice caseload by 300%, implemented drug courts, and increased the partnership between his office and mental health diversion programs, as well as supporting acute response teams instead of police.

With all these new programs being introduced, I tell him stories of people I know that are still dealing with deputy DA’s that are doing more bargaining than justice, abusive behaviors by officers, and woefully inept support services. Mental Health Partners does not have the capacity to handle all cases, MWSE of Lafayette is a one-size-fits-all for-profit class, and the probation departments are still, by and large, for-profit.

When I address these cultural issues within and outside the DA’s office, Michael reiterates:

“There is a lot of work to be done, still.” He continues, “We’ve kept our mental health diversion program going despite the state cutting the funding. We diverted from funds elsewhere in the office and from other programs that we have in the office to keep the mental health diversion program going, because we’re absolutely committed to it. But the fact is that the state cut it. We need a more permanent source of mental health funding.”

He continued, “I’d like to see Boulder County follow the lead of some other counties, where they’ve actually passed a ballot initiative. I feel really strongly about it, not just for the criminal justice system, but for the health and safety of our community as a whole. If you talk to sheriffs from around the state, every single one of them will tell you that the last place someone should be when they’re struggling with a mental health crisis is jail. We need as a state to recognize that this is a significant gap that we have, so that’s why we we’re the only office in the state to continue our program. But without the funding for these alternative programs you can’t defund, you can’t be moved down in decreased populations.”

While all that has been accomplished, he is right, there is much work to be done still. But for these reasons, I chose a DA for our Actionist Series. I only hope that the work does, in fact, continue. When it comes time to get that mental health ballot initiative passed, I will be signed up to work alongside him.

The post Michael Dougherty: A Fighter For Justice Knows The Strength of Compassion | The ACTIONISTS Series appeared first on Yellow Scene Magazine.

By Vinnie Cervantes, DASHR

In 2020, the country experienced a reckoning with policing and criminal justice reform following the murders of George Floyd and Breonna Taylor. I started organizing for criminal justice reforms in 2014, first with a national organization and later with a local group in Denver. Efforts mostly focused on three main areas: independent oversight, the discipline matrix, and District Attorney accountability. These are all worthy areas of change and organizing. For me, though, I’m no longer interested in dedicating labor to reform, but to transformation, which is why I helped found in 2018 and currently run DASHR: Denver Alliance for Street Health Response.

DASHR works to create and support community-based responses to conflict and crisis as alternatives to policing and jail. We use a spectrum of transforming safety called our Safety Wheel, which houses our efforts in four main areas: Community Empowerment, Basic Human Needs, Crisis Response, and Healing. DASHR’s creation was inspired by the CAHOOTS program in Eugene, Oregon which replaces police with community responders.

DASHR helped to launch Restorative Denver in 2019, which sends cases through a restorative instead of a punitive process. In 2020, our organization helped to launch STAR: Support Team Assisted Response, which sends a paramedic and mental health clinician to 911 calls instead of law enforcement. In the first six months, STAR responded to 700+ calls and had no arrests or need for law enforcement. DASHR, in addition to being one of the main drivers of STAR, became the community facilitator last summer.

Other work we’ve done includes helping to successfully pass a proposal in Aurora to create and fund a non-police alternative, which should launch soon. We are currently working with about a dozen communities in Colorado on implementing non-police models and have advised dozens more across the country. We also have our own rapid response efforts that include distributions to unhoused folks, using street medics in the community, and helping to foster a medic network in Denver that supported last year’s protests.

Our work was confirmed as especially important given recent protests and demands to re-imagine public safety. Additionally, the pandemic has amplified existing systemic violence and increased experiences of homelessness, substance use, and mental health crises; all issues that are navigated primarily through the criminal justice system. Our community is suffering and dying and this work is more urgent than ever. More importantly, the systems we’ve tried to work with for decades simply aren’t listening.

We were made aware that Boulder has issued a request for proposals to fund a non-police alternative. To that end, given our experience, we would insist on community leadership of such efforts. Although we have had conversations with community members and Council members in Boulder about implementing a non-police model, we did not know about this development. Our role has been as a vehicle for community voice and ownership of these programs, a vehicle that we offer to any who’ve reached out to use so far in Boulder as well as those who haven’t.

The post Reckoning: DASHR and Community Response to Crisis | Community Corner appeared first on Yellow Scene Magazine.