Gov. Michelle Lujan Grisham has vetoed a set of reforms to the state’s probation and parole systems that would have, among other changes, reduced the number of “technical violations” that could land someone back behind bars and required the Parole Board to detail denials for those sentenced to 30-years-to-life who are seeking release. The move comes after state Attorney General Hector Balderas and New Mexico’s 14 district attorneys pushed back against the bill in a letter to the governor as this year’s 60-day legislative session came to a close last month. The prosecutors argued that House Bill 564, if signed into law, “poses a significant public safety risk.”
Lujan Grisham’s veto message is time-stamped Thursday at 11:12 p.m.
“It’s something we’re not necessarily happy about,” Lujan Grisham’s spokesman, Tripp Stelnicki, told New Mexico In Depth Friday morning. Changes sought through the bill “will be aggressively and expeditiously addressed in the interim with the DAs and the attorney general. The governor has that full expectation.”
In her veto message, Lujan Grisham sided with HB564’s sponsors — Republican Sen. Sander Rue and Democratic representatives Antonio “Moe” Maestas and Gail Chasey — in pointing out that the prosecutors waited until after the session to complain about the bill.
Some children’s advocates are in an unusual position. After years of talk about state lawmakers taking a timid approach to early childhood education and child well-being, they say there were big wins from the just concluded legislative session. The biggest they cite is approval of a new Cabinet-level Early Childhood Education and Care Department. But when it comes to the incremental funding approach the state continues to take for programs serving children under 5, the assessment was mixed. Amber Wallin, deputy director at New Mexico Voices for Children.
In the wake of the 2019 legislative session, people across New Mexico are taking stock of how much Legislature-approved money to fund infrastructure will end up in their communities. There’s a lot of it–$933 million in the main capital outlay bill and an additional $60 million in “junior” spending bills drafted after lawmakers realized how flush the state is in oil money. Gov. Michelle Lujan Grisham has until April 5th to sign legislation. Before she signs off on the infrastructure spending, called capital outlay, it’s possible she’ll use her line item veto authority to strike some of the projects. She asked state agencies to “vet” projects, according to an email sent last week to potential recipients by the Department of Finance and Administration.
Gov. Michelle Lujan Grisham celebrate the end of the 60-day session in a jubilant mood. Republicans had a different experience of the session. Photo credit: Trip Jennings
Gov. Michelle Lujan Grisham wrapped up her first session with the Legislature Saturday agreeing to the most significant increase in public school spending in decades and putting New Mexico in the hunt once again for leadership in the nation’s “green” movement. A three-term congresswoman and former state cabinet secretary, Lujan Grisham began talking about a “moonshot” for education before she was sworn in as governor. No one expected a “moonshot” overnight, although to hear the governor Saturday, her first session behind her, she seemed ready for Mars.
Young children listen to a teacher as part of the summer K-3 Plus program. It was a good year for education. Whether it was great depended on who you asked. Gov. Michelle Lujan Grisham and legislative leaders, both Democratic and Republican, extoled investments New Mexico made in education Saturday as the 60-day session came to a close. “This is a Legislature that delivered a moonshot,” the governor nearly shouted during a post-session press conference in her Cabinet Room on the fourth floor of the Roundhouse.
It was a mixed session for people who care about climate change and its effects. The state secured some large-scale wins, but failed to advance measures that would diversify the electrical grid and support individual households in reducing their own carbon footprint. And while measures to hold oil and gas companies accountable for violations of the Oil and Gas Act passed, there was little appetite among lawmakers for drawing more royalty money from an industry responsible for a billion dollar surplus this year. The flagship win for Democrats was the Energy Transition Act, SB 489, which commits the state to 100 percent carbon-free power by 2050. That bill schedules a payment plan for closing the San Juan Generating Station, a coal-fired power plant that supplies Public Service Company of New Mexico (PNM).
Lawmakers with an eye toward righting longstanding wrongs in the state’s criminal justice system— real or perceived — achieved success this session, pushing through reforms doomed under former Republican Gov. Susana Martinez’s vigilant eye as a former prosecutor. Democrats’ bolstered majority in the House, the margin they maintained in the Senate and Democratic Gov. Michelle Lujan Grisham’s win in November set a different tone coming into the session. And the largest budget surplus in recent memory meant justice system reforms that carried a price tag were suddenly possible. Legislation aimed at reducing New Mexico’s chronically high crime rates cleared the Senate and House, too. But this year’s bills had a different feel from those avidly debated in the recent past.
With hours to go in the 60-day session, state lawmakers reached a deal on a new, independent ethics commission New Mexicans overwhelmingly demanded in November’s election. The House voted 66-0 Friday night to approve the latest version of ethics legislation that has undergone multiple metamorphoses in the last several days. The Senate accepted the changes soon after, sending the bill to Gov. Michelle Lujan Grisham’s desk for her signature. Rep. Daymon Ely, D-Corrales
Sen. Daniel Ivey-Soto, D-Albuquerque, who helped shape the bill approved by the House, said late Friday“tonight was step one,” of the state’s first independent ethics commission that would have oversight of state public officials. He predicted that the Legislature would return in coming years to add local government officials to those the ethics commission would oversee.
A set of reforms to the state’s probation and parole systems is headed to the governor’s desk, with subtle changes to how the Parole Board considers requests for freedom by people sentenced to 30-years-to life in prison. House Bill 564 passed the Senate Tuesday after tweaks from that chamber’s Judiciary Committee, then cleared the House on a concurrence vote Wednesday. Current state law forces inmates sentenced to 30-years-to life in prison to show why they should be set free. The bill appears to shift the onus between the inmate and the state. In its original form the bill would have shifted that burden entirely to the state, mandating those inmates be paroled unless the board “makes a finding that the inmate is unable or unwilling to fulfill the obligations of a law-abiding citizen.”
The bill heading to the governor now says before paroling an inmate, the board would have to interview the inmate and “consider all pertinent information concerning the inmate.”
Another change to current law would eliminate the requirement that the board consider the “circumstances of the offense.” The revised bill requires the board to detail a finding that release is in the “best interest of society and the inmate,” conclude that the inmate is “willing to fulfill the obligations of a law-abiding citizen” and provide in writing specific support for its decision to grant or deny parole to the inmate.
With less than 48 hours left in the 60-day session, the House Judiciary Committee on Thursday evening set up the potential for a legislative showdown over a new, independent ethics commission as time runs out on the 2019 session. It happened when House Judiciary members dramatically altered the Senate’s vision for the new commission, sending it to the full House for a vote. It was another strange turn in the long trip for ethics commission legislation during this year’s session as state lawmakers seek to honor New Mexicans’ wishes. Seventy five percent of voters in the November election approved amending the state constitution by adding an independent ethics commission with subpoena power following a series of scandals.
That the fate of a new commission might be decided in a game of legislative chicken in the final 36 hours of this year’s session isn’t a surprise.
Despite another year in which New Mexico led the nation for fatal police shootings by population, how best to ensure public trust when those cases are reviewed for possible wrongdoing remains a vexing question. And with less than 48 hours left in this year’s 60-day legislative session, another year likely will pass without a fix from lawmakers. At a time when New Mexico is swimming in cash, neither lawmakers nor the state’s 14 district attorneys have appeared to push for the additional money it would take to create a uniform, statewide review system. “This session, there really hasn’t been anything that would address this,” Rick Tedrow, Eleventh Judicial district attorney and immediate past president of the New Mexico District Attorneys Association, told New Mexico In Depth. “In terms of funding for extra prosecutors to focus on these cases, it really should be the DAs asking for that.