Teen Felony Murder Sentencing Reduction

Teenage accomplices in crimes that led to murder could get less jail time under a bill that passed the Senate Judiciary Committee Monday on a 4-3 party-line vote.

Current law requires first-degree-murder charges and life in prison for juveniles who are accomplices to murder. This bill would not be retroactive for children who are already sentenced under the old law.

DENVER -- Should juveniles convicted of felony murder have to spend the rest of their lives behind bars if they weren't the assailant?

Right now, Colorado judges have no choice. Felony murder carries a mandatory life sentence without the possibility of parole.But some state lawmakers said current law is too strict and that some juveniles could benefit from a second chance."Do we, and when do we give them a second chance?" asked state Sen. Suzanne Williams, D-Arapahoe County.Williams is sponsoring a bill that would reduce first-degree murder to a class two felony if the defendant was under 18 years of age at the time of the offense, and did not commit or assist in committing the homicidal act.

The proposal would make a defendant convicted of class two felony first-degree murder eligible for sentencing to the youthful offender system.The policy director of the Colorado Defense Bar said recidivism rates are lower for kids who get rehabilitative treatment instead of just spending time behind bars.

Maureen Cain said that according to the Centers For Disease Control, it's a public health issue."Brains don't develop when they're locked up and not challenged," Cain said. "If you have them (juveniles) in a program where they learn and are challenged and they feel nurtured and they feel supported, then their brain will continue its front lobe development and you will get a healthier adult and an adult who won't recidivate."Williams said there are 48 juveniles who have been sentenced to life without parole in Colorado.

Among them, Curtis Brooks. He was 15 years old when he and two friends stole a car in Aurora, while the owner was getting some cash at an ATM. One of the other boys shot and killed the motorist, then pleaded guilty by reason of insanity.Brooks is serving a life sentence even though someone else pulled the trigger.Williams’ bill would give judges another option in future cases like Brooks’“This bill has led to a lot of emotional turmoil,” said Sen. Bob Bacon, D-Larimer County.“Sometimes it seems like it’s not the Department of Corrections, but the Department of Retribution,” Bacon said. “Certainly I want safety for the public.”After being amended to omit sex offenders, the proposal passed by a slim 4-3 vote Monday afternoon in the Senate Judiciary Committee.

It now goes on to the Appropriations Committee.Williams said, if this bill becomes law, it would only apply to future cases, not to juveniles currently serving life terms in the Department of Corrections.

The Denver Post