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.
Gov. Michelle Lujan Grisham is worried a bill that would prohibit local law enforcement agencies from enforcing federal immigration law might cost New Mexico money. The governor’s skepticism effectively dooms SB 196, which would bar local law enforcement agencies and New Mexico State Police from using state or local resources to enforce federal immigration law. It also would stop them from detaining immigrants when a person’s immigration status is their sole focus. It wouldn’t stop law enforcement from pursuing crimes by undocumented immigrants, including when authorities have a warrant or a person is suspected of a crime, however.
The measure has been stuck in Senate Judiciary Committee since late January.
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.
Every legislative session, the basketball game between House and Senate lawmakers – a sacrosanct ritual of feel-good joviality – gives state lawmakers a chance to vent steam toward the end of each year’s arduous slog of lawmaking. Perhaps more importantly, it raises tens of thousands of dollars for the UNM Comprehensive Cancer Center.
On Wednesday evening, no one was jovial, and tensions were high, as Capitol police interrupted the annual roundball contest to drag seven senators back to the state Senate to debate a piece of energy legislation. For the first time in as long as anyone can remember at the Roundhouse, the basketball game had become collateral damage to legislative strife. And a lot of longtime Roundhouse observers were trying to remember the last time something like this had happened.
A stylist applies make-up to a state lawmaker at a pop-up salon at the New Mexico state capital on March 4. Stacked on the table are make-up compacts, and in the background another stylist is blowdrying hair. Need a haircut? If you know a lobbyist, and you’re a lawmaker, you might get a free cut. And conveniently, you could get the cut, or a blow-out, or even help with your make-up, right here in the Roundhouse.
Rep. Dayan Hochman-Vigil responds to questions about HB 131 on the House floor, while her fellow Democrat and co-sponsor, Sen. Jeff Steinborn, looks on. It was originally just a simple bill requiring lobbyists to report to the Secretary of State all the bills they lobbied on, and their position on the bills if they took one, within 14 days of the end of the session. But before HB 131 was passed by the House of Representatives last night 62-0, it was amended to include a sweeping ban on lobbyist spending on lawmakers during a legislative session. “My intention is to limit a lobbyist from making any expenditure, whether they’re providing a committee dinner, whether they’re putting drinks in your office, whether they’re putting cookies on your table, it’s removing them from the process,” Republican Minority Leader Jim Townsend of Artesia said when explaining the amendment. State legislators are already barred from soliciting campaign contributions from January 1 through the end of each legislative session.