Report identifying nonviolent offenders eligible for release sits on shelf during pandemic

Gov. Michelle Lujan Grisham last week took a step toward releasing prisoners to blunt the threat of an outbreak of the new coronavirus in New Mexico’s 11 prisons. The first-term, Democratic governor signed a three-page executive order directing her Corrections Department secretary to release nonviolent inmates who have 30 days or less on their sentences and meet other criteria. 

But more than a week later, just 14 of the state’s 6,600 inmates had been freed, according to the department, and it is not clear how many others have been identified for release. 

New Mexico In Depth, meanwhile, has unearthed an annual survey identifying hundreds of nonviolent inmates — many serving time for drug possession — who could be released during the course of a year. In a six-page annual report from the New Mexico Sentencing Commission, the state’s non-partisan, criminal justice data clearinghouse and policy advising hub, authors wrote that 294 people behind bars in the state’s prisons on June 30, 2019, could be released between Oct. 1, 2019 and Sept. 30 of this year.

Santa Fe County Jail Inmate Has Coronavirus

An inmate at the Santa Fe County jail has tested positive for the new coronavirus, marking the second person behind bars in New Mexico with a confirmed case of the respiratory illness. A Santa Fe County spokeswoman said Monday that the man had come into contact with Jennifer Burrill, a Santa Fe-based public defender who contracted COVID-19 and tested positive last month. But Burrill disputed that claim in an interview later Monday evening. On Tuesday, County Manager Katherine Miller said officials don’t know how the man contracted the virus. His name had been on an internal county schedule to meet with a public defender on March 11, she said, prompting the jail to test him “out of an abundance of caution” on March 28.

COVID-19 upends election planning

The COVID-19 pandemic rapidly upended the lives of New Mexicans in the past month. And if a majority of the state’s county clerks get their way, their primary election will be upended as well, with widespread voting by mail rather than traditional voting at polling sites. 

The pandemic, which has swept the globe and so far led to more than 20,000 American deaths, is picking up speed in New Mexico. 

Over the past month, Governor Michelle Lujan Grisham through a series of emergency executive orders has largely closed down the state’s economy and ordered New Mexicans to stay home. Public health officials project that the number of illnesses in New Mexico will peak in mid to late May. No New Mexico public officials to date predict when the measures mandating New Mexicans stay home and congregate in groups no more than five will be lifted. 

A majority of county clerks (27 of the 33 clerks statewide) want to mail ballots directly to registered voters, rather than endanger the health of election workers and voters by holding a statewide election with more than 700 polling sites on June 2. Secretary of State Maggie Toulouse Oliver supports the idea. 

But the state Republican party, along with 31 Republican lawmakers and six county clerks, say a better option to directly mailing ballots to voters would be to promote widespread use of absentee voting, a two-step process available to all New Mexico voters, so that there are many fewer people showing up to the polls in person. 

In the middle is the state Supreme Court, which will hear arguments for and against a petition by the county clerks Tuesday.

Zia Pueblo sees COVID-19 outbreak

Editor’s note: Less then 24 hours after this report, the New Mexico governor’s office confirmed an outbreak on Zia Pueblo, with 31 positive cases, plus an outbreak on San Felipe Pueblo, with 52 cases. And Zuni Pueblo Governor Val Panteah confirmed 15 cases and one death on Zuni. Eleven members of Zia Pueblo in Sandoval County have tested positive for COVID-19, New Mexico In Depth has learned. 

“As of today April 5th, the Pueblo of Zia has confirmed 11 Zia Tribal Members, potentially 20, infected by COVID-19(Coronavirus),” Acting Governor Floyd Toribio wrote Sunday in a memo to tribal members. 

The pueblo, about 40 miles north of Albuquerque, has fewer than 1,000 members, according to the U.S. Census Bureau, making Zia one of the smallest pueblos in New Mexico. 

“If this statement does not make you realize how real and close to home this truly is, then we don’t know what will. We are a small, close-knit community with strong family connections,” Toribio said in the memo. 

The nature of the fast-spreading virus put tribal and state officials on alert Monday in a state that is home to 19 Pueblos, three Apache tribes, and a portion of the Navajo Nation. 

“We are endangered communities and one person lost to the virus takes a toll on the entire community,” said J. Michael Chavarria, Governor of Santa Clara Pueblo and Chairman of the All Pueblo Council of Governors, in an email. Many households in New Mexico’s tribal communities include multiple generations, with five or more family members living under the same roof, tribal officials said.

Friday’s COVID-19 update: Modeling the surge, handling the peak

Gov. Michelle Lujan Grisham on Friday told New Mexico that three more people have died from COVID-19, a total of 10 in the three weeks since March 11, the day the state identified its first positive case. Two were residents of a retirement community in Albuquerque. Meanwhile, the number of infections rose to 495, nearly a 25% escalation from the previous total, 403. It’s a striking rise, but “we are doing more testing,” the governor said, acknowledging a truism about an infectious disease: the more you test, the more you know. In other words, data is a good thing, a point the governor’s Human Services Secretary David Scrase returned to a few minutes later.