Scaled back probation, parole reforms advancing in Legislature

A legislative effort to reform parts of New Mexico’s probation and parole systems is limping along as lawmakers near the halfway mark of this year’s 30-day session. House Bill 263, with a large group of sponsors from both parties, is meant primarily to decrease the number of people on probation and parole who are sent back to jail or prison for relatively minor infractions, so-called “technical violations.” Those include some failed drug tests and missing appointments with a probation or parole officer. If passed and signed, the measure would mark the beginning of a shift for the Corrections Department’s Probation and Parole Division — from a punitive approach to a more restorative philosophy. 

That means helping people address the underlying issues that keep them in the criminal justice system instead of trying to ensure public safety with jail cells — particularly when considering people who commit lesser offenses. 

That core purpose of the bill has remained intact over the past year, as legislators have worked on a “compromise” version with state prosecutors and others following a dust-up over the proposed reforms after last year’s legislative session. The state House and Senate passed a broader set of changes in 2019, but they met Gov. Michelle Lujan Grisham’s veto pen after Attorney General Hector Balderas and all 14 of New Mexico’s district attorneys sent her a letter outlined fatal problems as they saw them. In her veto message, Lujan Grisham asked sponsors to meet with the prosecutors and iron out their differences.

DA with six-figure salary claims poverty, judge grants her free lawyer (updated)

Editor’s note:New Mexico Chief Public Defender Bennet Baur told NMID reporter Jeff Proctor during an interview in late June that he knew nothing about a public defender being appointed for southern New Mexico district attorney Francesca Estevez. On Monday evening, Baur emailed to say, in fact, his office had hired a private attorney, Keren Fenderson, to file a motion on Estevez’s behalf without informing Estevez. In a telephone interview Tuesday, Baur confirmed that he was unaware of the arrangement at the time of the interview with Proctor. Francesca Estevez is too poor to pay for a lawyer. That’s according to state District Judge Douglas Driggers of Las Cruces, who made the finding in a May 1 court order appointing the public defender’s office to represent Estevez as prosecutors pursue alleged violations of the Government Misconduct Act against her.

Police Watchdog raises concerns over State Police ‘Surge’ in ABQ

A member of Albuquerque’s official police watchdog group is questioning the tactics and results of the recent “Metro Surge Operation,” in which 50 New Mexico State Police officers flooded the city ostensibly to help fight violent crime. “This is the perfect atmosphere, the perfect storm for civil rights violations, and it completely undermines the serious energy people have invested in police reform in Albuquerque,” Chelsea Van Deventer of the Albuquerque Police Oversight Board told New Mexico In Depth earlier this week. Homicides and non-fatal shootings have gone up in Albuquerque in recent months, including the high-profile murder of a University of New Mexico baseball player outside a Nob Hill bar last month. In response, Gov. Michelle Lujan Grisham and Mayor Tim Keller, both Democrats, agreed on the “surge,” with Keller’s office saying publicly the operation would focus on “targeting violent crime in Albuquerque.”

The results, according to a KOAT-TV story, have not matched the stated goal. The station reported 452 arrests by State Police during the operation; 300 people were arrested on suspicion of misdemeanor crimes.

Several significant criminal justice bills still alive as session nears end

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.

NM lacks criminal justice data on race, ethnicity

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.