If an interim legislative committee meeting on Thursday is any indication, 2019 could be a year when New Mexico lawmakers pass a slate of criminal justice reform efforts that were previously blocked by Gov. Susana Martinez. The Courts, Corrections and Justice interim committee met to hear recommendations from a subcommittee tasked with reviewing and crafting possible legislation, some of which addresses probation and parole standards and changing punishments for non-violent crimes. Most of the bills the interim committee discussed previously passed the Legislature with bipartisan support before they were vetoed by Martinez. A bill to “ban the box,” or prohibit private employers from asking about criminal convictions on employment applications, for example, was cosponsored by a Republican and Democrat in 2017 and made it to Martinez’s desk with significant Republican support. Still, Martinez vetoed it, saying it limited employers’ ability to properly vet potential employees.
A New Mexico advocacy group supporting criminal justice reform efforts released its report card Wednesday on legislation from the 2017 regular legislative session. Specifically, the group, NM SAFE, analyzed legislation aimed at changing criminal penalties. At a press conference, a few members of the group spoke about the analysis and what it means for New Mexico. Tanya Romero with the Esperanza Shelter for Battered Families said the state needs more reforms instead of tougher criminal penalties. “Domestic violence, a good percentage of it, is through historical trauma,” Romero said.
A poll finds that New Mexico voters say that crime prevention should be a priority over punishment. The group Center for Civic Policy, a progressive group based out of Albuquerque, commissioned the poll from Third Eye Strategies. The group opposes many of the bills to increase penalties that have been introduced this year. The poll comes as Republicans, especially leadership in the House, have focused the early days of the session largely on legislation that increases penalties for certain crimes. House Democrats have instead focused much of their attention on ethics, though the legislation they introduced has not yet been given the OK to be heard by Gov. Susana Martinez.
In a crowded conference room in the mayor’s office last November, reporters and police officers gathered to see Republican lawmakers and Mayor Richard Berry discuss their plans for combating repeat criminal behavior.A visibly emotional Rep. Paul Pacheco, R-Albuquerque, told the room of his intention to toughen New Mexico’s three strikes law. “This piece of legislation is very personal to me,” Pacheco said. Pacheco, a former law enforcement officer, told reporters that he was personally affected by a number of violent, high profile crimes committed earlier in the year. In May 2015, Rio Rancho Police officer Gregg Benner was shot and killed while on duty. In October, Albuquerque Police Officer Daniel Webster was shot and later died from his injuries.
There was more political finger pointing in Albuquerque on Thursday regarding recent shootings and killings in the city, giving a possible preview of the next legislative session. Both Democrats and Republicans held press conferences outlining their proposed solutions to increased crime in the city. Albuquerque Mayor Richard Berry has previously said he would ask state lawmakers to revamp laws in order to better protect both citizens and law enforcement in Albuquerque. On Thursday afternoon Berry was joined by House Republicans as well as a group of police officers representing various parts of the state when he again announced that he would push for changes to the law. Berry said he promised citizens and officers he would “push hard for reform.”
About an hour later, Senate Democrats gathered across the street from the mayor’s office and said it is Berry himself that is making the issue political.
A national conversation about criminal justice reform and employing convicted criminals is making its way back to New Mexico. After an unsuccessful attempt to pass legislation that would prohibit asking applicants about past criminal convictions, Sen. Bill O’Neill, D-Albuquerque, brought the discussion to an interim legislative committee on Tuesday. O’Neill and Rep. Alonzo Baldonado, R-Los Lunas, fielded questions and concerns from the committee. Rep. Rick Little, R-Chaparral, said he was concerned about the hiring of teachers and faculty who might be working with children. He cited the recent Albuquerque Public School scandal involving a former deputy superintendent.
An official from New Mexico’s Administrative Office of the Courts and a state senator announced on Monday a proposed amendment to the New Mexico Constitution that would change the bail process in New Mexico. The proposed change, announced at a press conference, would allow judges more discretion to deny bail in criminal pretrial proceedings for those who are considered flight risks or are considered too dangerous to the public. At the press conference Administrative Office of the Courts director Artie Pepin told reporters that the New Mexico Supreme Court has endorsed the idea of a constitutional amendment to change the way judges can issue or deny bail in initial court proceedings. He said the committee has not come up with any specific language, but that some of the other “not very useful” language will probably be taken out. New Mexico State Sen. Peter Wirth, D-Santa Fe, said that he plans to introduce a Senate Joint Resolution that, if approved by both the Senate and House, would let New Mexico voters decide on the amendment.
The New Mexico Attorney General introduced a team that will review the state’s criminal justice system, particularly violent crimes, and identify solutions for problems they find. The group, called the Multidisciplinary Violent Crime Review Team, was revealed on Wednesday in Albuquerque and is made up of state and local leaders. Balderas warned the team and members of the public, “this is not going to be an easy process.”
The idea to create the group came after Rio Rancho police officer Gregg Benner was fatally shot earlier this year by a repeat offender. The first phase will include a look into this case. Balderas called the shooting “a breaking point for the general public.”
Julie Benner added that she wants to see changes to the criminal justice system in the state.
A Las Cruces man behind bars for marijuana possession is among the 46 people whose prison sentences President Obama commuted today. In 2004, John M. Wyatt was convicted with possessing and attempting to distribute more than 220 pounds of marijuana in southern Illinois. His sentence netted him nearly 22 years in prison plus an extra eight years on supervised release. Wyatt, 54, is serving his sentence at a low security Federal Correctional Institution in La Tuna, Texas. He was set to be released in November 2021 until Obama’s commute.
The aftermath of a heinous crime that saw a career criminal kill a Rio Rancho police officer is sparking talk of tougher crime laws. Next week, state lawmakers in the interim Courts, Corrections & Justice Committee will hear testimony on a bill to add crimes to New Mexico’s existing “three strikes” law, which assigns mandatory life in prison sentences to convicts of three violent crimes. Yet the local legislative doubling down on “tough on crime” laws—two Republican state representatives are proposing changes that would tighten New Mexico’s three strikes law—comes at a time with strong national momentum in the opposite direction. And it’s Republicans with national ambitions that, in many cases, have been making headlines for this. “Former [Texas] Gov. Rick Perry is going around the country bragging that he closed three prisons,” said state Rep. Antonio “Moe” Maestas, D-Albuquerque, who supports criminal justice reform.