Cortez might be changing its approach to how it treats youths caught with tobacco or marijuana.
During the next Cortez City Council meeting, public officials will consider an amendment to an existing ordinance that regulates juvenile sentencing for underage possession of tobacco and marijuana, giving law enforcement more flexibility as for when to send youths to lower courts.
Currently, almost all youth offenders found in possession of tobacco or cannabis by law enforcement are sent to district court, which tends to entail a more serious level of judicial intervention, said Municipal Court Judge Beth Padilla, who described the ideas behind the proposed amendment during Tuesday’s City Council meeting.
The new amendment would give law enforcement officers the option of sending a youth offender to municipal court, which deals with less severe criminal offenses.
The codes in place now instead sends these youths to district court, where heavier, more severe crimes are addressed.
“A basic concept of criminal justice is you don't want to put low-level offenders next to really serious, high-level offenders,” Padilla said.
Under current code, most kids caught with, say, a vape pen in school, are sent to district court, where they might be side-by-side with youths appearing before the court for much more serious crimes, like a drive-by shooting or drug trafficking, Padilla said.
The code, as it stands, limits which youths are allowed to go to municipal court, but amendments would remove those restrictions.
Specifically, the current rules in place say that youth under age 18 in possession cannot be sent to municipal court, whereas youths between 18-20 can be sent to municipal court, Padilla said.
The new amendment would clarify that anyone under the age of 21 accused of marijuana possession can be sent to municipal court.
With the new amendments, a police who catches a first-time offender with a vape pen, for instance, could decide that municipal court is a better option, Padilla said.
“The penalties available in municipal court are lesser than what would be available in district court,” she said.
A second reading and public comment session for Chapter 18 of the City of Cortez Code of Ordinances is set for the next regular council meeting on July 22.
