What SB21-273, the Michael Marshall Justice Act and the Marvin Booker Justice Act, does:
Mandates summons in lieu of arrest for traffic offenses, petty offenses, municipal offenses, and non-violent misdemeanors. (Unlike SB21-062, this summons provision does not impact arrests for felonies and Victim Rights Act offenses.)
Limits cash bond to cases where there is a safety threat or a flight threat, the twin legal justification for pretrial detention identified by the US Supreme Court for all but the highest level felonies (mirrors concept in SB21-062).
- To avoid pretrial detention for simple, non-criminal failure to appear, limit cash bond to failures to appear where victim or witness time is wasted, where the defendants fails to appear two or more times, or where there is a flight concern.
- To avoid pretrial detention for technical, non-criminal alleged violations of probation, limit cash bond except in cases where the violation involves failure to comply with sex offense or domestic violence treatment.
Community Response Working group (new provision). SB 21-273 creates a community response working group to study and recommend safe and effective alternatives to law enforcement responses to low-level offenses, mental health crises, homelessness, etc, such as through community response models relying on mental health professionals and social workers, such as Denver STAR, and diversion programs for assessment and treatment.