Thread by @shayshinecastle

Hey, all. I'm watching the Boulder City Council study session tonight. We've got updates from the municipal court, Boulder Police Dept and a discussion of homeless services.

I'll tweet what I can; it's a lot of info. All these issues are big topics in the upcoming election, so prob a good meeting to pay attention to.

First up: Our quarterly update from the municipal court. It looks like we're covering staffing and structural changes to the court (ho-hum) and then diversion programs for CU students and unhoused individuals. documents.bouldercolorado.gov/WebLink/DocVie…

Interim Municipal Judge Jeff Cahn: "What's most important to me as a judge and the court is that people leave with a sense that they've been heard ... and the process was fair and impartial" and that they were treated with dignity and respect.

We've paused for technical difficulties.

"There's nothing that prohibits humor, mirth or merriment at any time during council meetings," City Attorney Teresa Tate says, in response to a q from Friend about whether or not they can tell jokes during the break.

That made moot, because we are back.

Wanna watch court? You can! There's a YouTube channel. They have to livestream proceedings under a new state law, Cahn says. youtube.com/@BoulderMunici…

Cahn talking about programs for CU students who violate nuisance laws (parties, noise, underage drinking or pot use). They do diversion so they don't have a record.

"If they're first-time offenders, we try to get them to leave court" without a criminal record, Cahn says.

Students are typically in court within a week (a quick process is proven to reduce recidivism, Cahn says). They take a class about being good neighbors.

Cahn: "We've seen a lot less cases this year" than in previous ones. "That's been a trend the last several years."

Cahn doesn't share data related to re-offending, but I've seen it before, and it's very, very low. This program is working well.

Cahn, moving on to homelessness and diversion processes: "We want community safety and access to public safety for everyone in our community. That includes people who are unhoused and maybe staying there, but also people who want to use" parks.

This is often referred to simply as community court: unhoused folks with tickets can get them dismissed if they take steps to get housed.

Here's a look at what charges are eligible for community court, and which ones aren't:

"Although I do not like to impose jail sentences, sometimes there are people who are not able or willing" to participate in other processes, Cahn says. So we will send people to jail.

Cahn: "There are not great resources available to them" (unhoused folks) when they get out of jail, or when they're in jail. We do refer folks to services when we can.

"I can't stress that point enough," Cahn says. He's talking about how ppl who face municipal charges (like smoking in public, camping, etc.) are mandated by law to be released from jail within 48 hours, without paying cash bail.

Also, the jail is full. "They just don't have room. Nor do they have the staffing to take care of individuals," Cahn says. "That limits what we can do."

And, to his above point about bonds, it changes how and what prosecutors choose to charge folks with.

"Our prosecutors will make plea agreements that involve community service, counseling," Cahn says. "Our court is not hesitant to impose jail when we believe it is necessary to protect the community."

Cahn re-sharing this data I included in my weekend story on homelessness: When repeat offenders are housed, criminal cases are reduced by 99%

Of 23 ppl housed this year (they're not represented here) but 22 of those 23 are still housed. The other 1 has a voucher and should be re-housed soon.

Cahn: "This is for ppl who've shown a willingness, and some ppl who haven't shown a willingness, but we've worked with them."

Cahn: "It requires a great deal of effort on our part," but it does have the ability to reduce recidivism.

Cahn talking about the high utilizer group (also discussed in this weekend's story). It's more difficult to house this group bc they have much higher need, he says. "It is a tireless effort." boulderbeat.news/2023/09/23/hom…

"We have to continue with that effort to collaborate," Cahn says, listing all the different agencies and orgs who are part of the high utilizer working group. "It's a great start: none of these things are going to be the ultimate solution on their own."

Cahn: "I've been in the criminal justice system for 23 years. I've never seen the type of collaboration and communication that's gone on."

Cahn: "We can send these individuals to jail; I've had to do that a couple times in the last few months. I don't enjoy doing it." But when folks refuse to engage with other options, that is our last resort option.

"The stick doesn't usually work," Cahn says. "Someone has to be wanting a change in their life to be successful."

In regards to a q from council member Benjamin (he is absent; he emailed it in) Cahn says the court could order someone into a sanctioned encampment, if the city had one.

Joseph asks about longer sentences. There is a 90-day limit on jail time for municipal charges (reminder, those are things like camping, smoking in public, etc.)

Cahn: "It's really, really rare that we impose a long sentence. Most defendants we see are getting a PR bond automatically." (Released without cash bail) It comes up for repeat offenders; for example, someone with 115 cases in a couple years.

"That's when we use it. It is the last line of defense. Most of the times it's part of the plea offer," Cahn says. "There are people out there" who will not access services or treatment.

Long jail sentence, "in my mind" is 10-15 days, Cahn says.

Cahn: "I also tell our public defenders that if the defendant changes their mind at any time, you can file a motion to amend their sentence. I would much rather" release them to a program then keep them in jail.

The court sometimes gives longer sentences so ppl can qualify for jail programs, many of which require a minimum stay to enroll in.

Yates: How much restorative justice is happening in community court?
Cahn: Probably not a great restorative justice component for that. We do some, but that's not built in like it is with the student population. It's a case-by-case basis.

Yates: Who qualifies for community court? Is it the offense, or the person?
Cahn: It is the type of offense. 95% of those people are unhoused.

"Occasionally they don't even get their case dismissed." But generally, they do, Cahn says.

Yates doing some hypotheticals. For the same crime, "Are you going to make distinctions based on whether they're housed, a student or unhoused person?"

Cahn: The prosecutor could. Any case is eligible for community court, but we hold that in spaces where unhoused ppl are.

Prosecutors can and do dismiss cases for people who are not unhoused, Cahn says.

People who are housed would have been an easier way to say that. They could have charges dismissed if they went to treatment, Cahn says, or attended a class, etc.

Yates: It kinda says like community court is for unhoused people and regular court is for housed people. Or can anybody go to either?
Tate: I would not distinguish them that way. There are 8 kinds of offenses that qualify for community court, so anyone could participate.

Someone could be housed and still need to apply for medical benefits, or need ID, Tate explains (which happens in community court). Prosecutors will determine which process is helpful for the defendant.

Cahn: They are advised, and before they make a decision, they can talk to a prosecutor who advises them of their options.

"That happens fairly regularly, actually" where community court is used for housed peple.

"Community court is always an elective process," Tate says.
Yates: "To anybody?"
Yes, Tate answers.

Yates interrupting her as she tries to talk...

"Community court is a softer thing," Yates says. "A pretty cushy thing."

"I would like to understand how the prosecutor makes that determination" who goes to which court, Yates says. It's much easier to go through court and get a social security card "for whatever reason" to get their case dismissed.

Yates still interrupting Tate.

Yates now interrupting Friend, who is trying to corral him.

"There's a lot of community frustration" over community court, Yates says. Asks that Tate send out a public email explaining community court.

Cahn: "I think it's really important that I come back on another date so that some of these more in-depth questions could be asked."

NRV: We have heard from you that you'd like to hear a little bit more on how municipal court works. We will be planning that in the future.

Just want to remind folks of the data we got just few minutes ago.... housing ppl reduces crime by 99%. Community court requires folks to make steps toward getting housed.

Speer asking for some more data on who is using community court, and recidivism rate for community court vs. traditional court.

Cahn: Anecdotally, if someone is not engaged with community court ... the big issue here, if someone gets a summons for those 8 offenses, they are likely to be unhoused.

That person is really unlikely to show up to our building for court.

For those people who engage with us, those folks will get fewer offenses in the future, Cahn says. The folks who don't want to engage with us obviously have a higher recidivism rate, bc they don't engage.

Cahn: Some people are simply unable or unwilling to engage. "They may have a backpack they don't want to leave outside the court bc it might get stolen." They may have trauma when they walk through the door.

Cahn clarifying what the municipal court does: No drugs (except marijuana) no felonies (assault, murder, etc.)

We don't do community court for those higher-level offenses.

Winer: Let's say I'm riding my bike through the underpasses or walking into the municipal building, and ppl are shooting up or smoking meth. Is that allowed now?

Cahn: "Obviously that is not legal."

"None of it comes to our court," Cahn says, bc again drugs = state level courts.

Winer: The most ppl can be in is 48 hours (on a bond). Are most people let out within the same day? (Talking about the guy who stabbed someone downtown and got let out)

Cahn: Again, keep in mind, that defendant was given a charge in state court. I can't speak for what they do.

"With the way bond reform has gone" and the jail capacity, district court is "up against the same thing we are right now," Cahn says. They are making decisions about who they want to put in: someone convicted of a crime, or someone accused of a crime?

Cahn: I was very surprised to see that person let out, but it made sense that they are making choices. I would not say it's a general rule that ppl are let out the same day. I think ppl think that because they hear stories like that.

Winer taking up Yates' qs about community court: How is getting a driver's license going to deter someone from doing the crime they did?

Cahn: "What we do as a consequence doesn't change what they do next. I sentenced a woman for 20 years and it never changed her behavior. Once we got her housed, it changed the behavior. She didn't stop drinking, but she stopped drinking in public."

Cahn: "If the goal of the consequence is to stop the behavior, it doesn't work very well" when people are on the lowest level of needs. They aren't thinking about if this beer is going to put them in jail.

Cahn: "That's what we've learned over a long stretch of time is we've got to find another way to stop the behavior. So sometimes there's not a consequence." I understand why that bothers people.

Winer: What do you need?
Cahn: "It is a big need. We need the places, we need the wraparound services so they can succeed when they come out of custody." Or when they're in community court. Some ppl aren 't a great fit for just an apartment. "We need more of that."

Winer interrupting Cahn.

Lots of talking over people tonight.

Winer: So we don't have enough of that? (Housing with services)
No, Cahn says. There's some coming online, but we do not have enough.

Winer: Will the alternative sentencing facility help?

Cahn: "I would love there to be more bed space for our defendants. When you think broad, long-term, having housing that will keep ppl out of jail in the long term is going to be a better long-term solution to a lot of this."

Mhmm, Winer says skeptically, and then continues with her argument: "We have to have jail as an option" to force ppl into treatment.

Cahn: "I agree with that. ... Most ppl don't want to be in jail. Even when it's cold, they'd rather be outside."

That's the end of this one. Woo, boy.

@threadreaderapp please unroll. Thanks.