ACLU of Colorado and the Colorado Freedom Fund (CFF) sent a letter addressed to Colorado municipal councils today, April 9, 2026, urging local officials to bring municipal codes with jailable offenses in alignment with state law. This letter comes after the Colorado Supreme Court decision in People v. Camp and People v. Simons that determined local sentences harsher than those outlined in state law for the same conduct are illegal and unenforceable.
Specifically, the letter asks municipalities to review and update municipal criminal codes so that they do not exceed state sentencing guidelines and identify and correct illegal sentences. The letter also outlines ongoing legal risks if municipalities fail to act, including extensive criminal appeals and costly civil lawsuits.
"Municipalities that use their courts to jail people cannot sit idly by in the wake of this decision,” said Dana Steiner, Colorado Freedom Fund policy counsel. “They must have legal sentencing schemes that provide real notice to the people who may be jailed. This letter makes clear those obligations and the need for immediate action from elected officials."
“This ruling from the Colorado Supreme Court is a leap forward in ensuring fairness in our municipal courts. However, too many cities have not taken appropriate steps to remedy their shortcomings,” said Emma Mclean-Riggs, ACLU of Colorado senior staff attorney. “Local governments must take proactive action and ensure no one, now or in the future, is jailed illegally.”