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.
There was something poetic about Lynn Community Middle School’s dental clinic opening on Wednesday. That day the school hosted its monthly food pantry for neighborhood families. And it was the same day Gov. Michelle Lujan Grisham signed into law House Bill 589, which sets up an initiative to take the community school model statewide. Every Wednesday, students at Lynn Middle School will be able to get preventive dental care right down the hall from their classrooms. The clinic is staffed by dental hygiene students from Doña Ana Community College. Those are just the kinds of things community schools are meant to do — bring social services to students so they can concentrate on learning, and become a resource for the surrounding community.
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.
Las Cruces City Councilor Kasandra Gandara is bringing together behavioral health, education, community organizing, child wellbeing and health groups in an effort to gather data on Adverse Childhood Experiences and use that information to combat childhood trauma. Tackling childhood trauma in a data-driven, community-based fashion went from an idea to an institute within the space of a year. Las Cruces City Councilor Kasandra Gandara knew from her years as a social worker at the Children Youth and Families Department that even front line workers in child protective services, faced with the hardest cases of abuse and neglect, were not aware of or trained in the theory of Adverse Childhood Experiences and the lifelong effects they have on health and learning. So when she read the book, “Anna, Age Eight: The Data-driven Prevention of Childhood Trauma and Maltreatment,” written by Katherine Ortega Courtney and Dominic Cappello, from research done at CYFD, she embarked on a mission to use data to prevent the heart-breaking instances of abuse she witnessed first-hand in Las Cruces and Dona Ana County. That project has grown swiftly.
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.
A bill that would make information about state agency settlements involving sexual harassment and other discrimination claims more accessible to the public is a step away from Gov. Michelle Lujan Grisham’s desk after clearing an important committee
The House Judiciary unanimously passed SB 317 after a short discussion Wednesday. The legislation would require posting to the state Sunshine Portal amounts of taxpayer dollars paid out in individual settlements related to human rights, including sexual harassment and discrimination based on disability, sexual orientation and race, and the state agencies that are involved. Currently, it is difficult to find out about such complaints across the many agencies in state government or to know when information about individual settlements become public. The bill does not require names be published on the Sunshine Portal, so as “to not discourage anyone from filing claims,” said Rep. Linda Trujillo, D-Santa Fe, co-sponsor of the bill, “but we do want to know when those claims are being paid out.” Sen. Sander Rue, R-Albuquerque, co-sponsor of the bill, said that the bill speeds up when the information is made public.
As New Mexico’s 2019 legislative session draws to a close, lawmakers are poised to allocate almost a billion dollars to infrastructure projects around the state. The Senate Finance committee approved $933 million yesterday for capital projects statewide. For comparison, just a year ago capital outlay money totaled $364.5 million. The state is so flush with cash, that each chamber is moving an additional “junior” appropriation bill of about $30 million, HB 548 and SB 536, for $60 million total that individual members will parcel out. The bill, SB 280, holds $385 million going to statewide projects designated by state agencies.
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.
A few weeks ago, Rep. Greg Nibert, R-Roswell, mentioned the option of passing a memorial creating a task force to study an independent ethics commission through 2019. Just in case, he said. Nibert wanted to see legislation that dictates what powers such a commission would have and how it would operate. But it was clear, even weeks ago, that agreement on a subject the Legislature has debated for 13 years might be difficult despite 75 percent of New Mexicans voting to enshrine the idea in the state constitution this November. But Nibert waited before asking a legislative agency to draft the memorial.