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.
Gov. Michelle Lujan Grisham will sign a bill reforming the way solitary confinement is used in the state’s jails and prisons and another that restricts when private employers can ask job seekers about their past criminal records, her spokesman told New Mexico In Depth on Tuesday. The first-term, Democratic governor is still reviewing — in a few cases, with some consternation — a handful of other criminal justice reforms lawmakers passed during the recently concluded 60-day legislative session, said Tripp Stelnicki, Lujan Grisham’s communications director. Solitary confinement has been a heated issue in New Mexico for years, bringing multi-million-dollar lawsuit settlements and allegations of human rights abuses against inmates in the state. Four Democrats sponsored House Bill 364, defining solitary confinement as holding someone in a cell alone for 22 or more hours a day “without daily, meaningful and sustained human interaction.” Lujan Grisham’s signature will limit the instances in which state and county jailers use solitary on juveniles, people living with mental illness and pregnant women. The new law also will bring some transparency to the use of solitary.
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.
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.
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.
Democratic legislative leaders predicted criminal justice reform would be among the top priorities for the 60-day session that began in January. It appears they were right. Several substantial shifts in how New Mexico approaches crime and punishment remain alive as the session speeds toward its conclusion on Saturday. Some of them have been years in the making. A Senate bill to “ban the box,” prohibiting private sector employers from inquiring about people’s past criminal records in the early stages of an employment process, has passed the upper chamber and appears headed for a vote in the House.
From traffic stops to incarceration rates to drug arrests, New Mexico trails other states and the federal system in collecting key criminal justice data, particularly on race and ethnicity, a New Mexico In Depth analysis has found. And despite a push from state lawmakers this 60-day legislative session to improve the state’s data collection efforts to inform better, “evidence-based” criminal justice policies, searching for potential racial disparities in policing, prisons and other areas doesn’t appear much of a priority. “It’s puzzling,” said Steve Allen, policy director for the American Civil Liberties Union of New Mexico. “If we’re going to have some sort of data-sharing process in place and data gathering, I would think race has to be central to that. It’s just gonna take a little bit of ingenuity and a little bit of prioritization from people in power.”
There are no state rules or laws that require law enforcement agencies to track the race or ethnicity of people their officers contact, stop in vehicles or arrest, according to the top two officials at the New Mexico Sentencing Commission, the state’s clearinghouse for criminal justice information.
Cover of ACLU-NM report about discrepancy in NM solitary confinement statistics. The American Civil Liberties Union New Mexico appears to have uncovered a significant statistical deficiency in New Mexico criminal justice data. In September 2018, the state Corrections Department reported 4 percent of inmates in its prisons were being held in solitary confinement — defined as spending 22 hours or more a day alone for 15 or more consecutive days. A research team working with the ACLU found that the rate was actually 9 percent. Steve Allen, policy director for the ACLU of New Mexico, chalks the disparity up to a lack of uniform policies, practices and data collection.
People serving 30-years-to-life sentences in New Mexico state prisons for murder and certain other crimes could soon find an easier path to freedom after three decades behind bars. On a 51-16 vote Sunday, the state House of Representatives passed a bill that would mandate a shift in state law: from inmates having to show why they should be released after 30 years to requiring the Parole Board to demonstrate convincingly why they should remain locked up. House Bill 564, sponsored by Democratic representatives Antonio “Moe” Maestas and Gail Chasey, Republican Sen. Sander Rue and Democratic Sen. Richard Martinez, closely mirrors a proposal that died in committee in 2017 after then-Gov. Susana Martinez signaled she would veto it. The measure tracks an issue New Mexico In Depth and the Santa Fe Reporter uncovered in an investigation published in March 2017. Among the findings: Power at the Parole Board had concentrated with Sandra Dietz, the Martinez-appointed board chair who was philosophically opposed to paroling people who had received sentences of 30-to-life; and just six times out of 89 did the board release someone on parole between 2010 and early 2017—among the lowest rates in the nation.
Senior U.S. District Judge James Parker / Courtesy of U.S. District Court
A federal judge has denied an Albuquerque black man’s request to dismiss methamphetamine trafficking and gun charges based on his claim that agents targeted him because of his race during a monthslong undercover sting operation in 2016. In a 15-page order issued Feb. 11, U.S. Senior District Judge James Parker appeared to wrestle with whether agents from the federal bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) had singled out 46-year-old Yusef Casanova and other black people for arrest while ignoring the crimes of white people. That was the core of Casanova’s argument in asking Parker to dismiss his case. Noting that aspects of the operation — and the results of other ATF operations around the country — were “troubling,” Parker, wrote that Casanova had not overcome the high threshold necessary to prove illegal racial profiling.