Gov. Susana Martinez announced Friday morning that the New Mexico Department of Public Safety (NMDPS) processed 1,388 sexual assault evidence kits from local agencies over the past three years. That’s roughly a quarter of the total backlog, but thousands of untested kits remain, mostly in Albuquerque and Bernalillo County. For victims, there’s an even longer road ahead, with investigations and prosecutions still to come. Now DPS is offering to help reduce the 3,138 backlog for both Bernalillo county and Albuquerque Police Department (APD). In 2016, then-State Auditor Tim Keller found New Mexico had the highest backlog of untested sexual assault evidence kits per capita in the nation, with kits sitting in storage units or freezers untested for decades.
Before he leaves to work every morning, State Auditor Tim Keller says he always talks with his young daughter about the day ahead. For him, Tuesday morning posed a problem. That’s because he wasn’t sure how to explain what he was set to present to the public. “It was little tough this morning,” Keller told a room of reporters. He released a report of proposed solutions to clear the backlog of more than 5,000 sexual assault evidence kits in police departments throughout New Mexico.
The House voted to pass a large bill related to budget cuts Wednesday night, sending the amended bill back to the Senate, who are expected to be back in the Roundhouse Thursday. It took a full three hours of debate, largely on a large amendment put forward by Republicans. Republicans, however, paused the debate and went into caucus for three and a half hours (Democrats held a shorter caucus at the same time). The final bill passed on a 36-32 vote. The amendment passed on a 36-32 vote.
New Mexico’s State Auditor is gearing up for the next step in clearing the backlog of untested sexual assault evidence kits, or rape kits, throughout the state. State Auditor Tim Keller announced Thursday his office will conduct a statewide survey of law enforcement agencies and an audit of eight police agencies to get an idea of how rape kits are tested. “We are working with law enforcement agencies and stakeholders to shine a light on what changes are needed to eliminate the backlog and keep it from happening again,” Keller said in a statement. Last year Keller’s office found that there were over 5,000 untested evidence kits around the state. A majority of these were within the Albuquerque Police Department.
New Mexico will have to find a new Department of Public Safety head. Gov. Susana Martinez announced on Friday that DPS Secretary Greg Fouratt was named to a federal judgeship. He will take a post as United States Federal Magistrate Judge in Las Cruces at the end of the month. “Secretary Fouratt is a leader who puts New Mexico first, and I am proud of the work he has accomplished during his time in my administration,” Governor Martinez said in a statement. “While we are sad to see him go, we know that he will continue to do the people’s work and make our state proud.”
“For the last two years, it has been a profound privilege for me to serve alongside the 1,150 men and women in DPS who work diligently each day to do their part to make all New Mexicans safe.
A proposal to allow retired law enforcement officers across the state to return to their old jobs cleared the House floor Wednesday evening after a three-hour debate. The House passed the bill on a 38-29 vote, with five Democrats joining all Republicans present for the vote. Sponsor Rep. Larry Larrañaga, R-Albuquerque, argued that it would solve staffing problems at police departments across the state. He emphasized that several county sheriffs across the state support the legislation, not just the city of Albuquerque and Albuquerque Police Department. Still, he had Albuquerque City Attorney Jessica Hernandez as his expert witness.
A bill to allow retired cops to return to their police departments across the state passed its first House committee, a marked difference from last year when it died quickly. The measure passed the House Safety and Civil Affairs Committee on partisan lines, with Republicans voting in favor and Democrats voting against. Sponsored by Rep. Larry Larrañaga, R-Albuquerque, this time the bill doesn’t hurt the Public Employees Retirement Association of New Mexico fund. Or at least that’s the promise the veteran legislator made. Albuquerque City Attorney Jessica Hernandez testified that former cops who decide to return to work won’t be able to add to their pensions, but would still have to contribute to the PERA fund.
A bill to allow local governments to impose curfews on minors jumped through its second House committee, this time with some Democratic support. House Minority Leader Brian Egolf, D-Santa Fe, and Rep. Antonio “Moe” Maestas, D-Albuquerque, joined with seven Republicans in the House Judiciary Committee to vote yes on the bill. Maestas had been previously public about his support. “I’m stuck on this one,” Maestas said at committee. “I lean towards local control.”
The bill allows cities and counties to set up their own curfews for minors under 16 years of age.
The issue of teen curfews set up a firestorm of back and forth between supporters and opponents of a bill addressing the issue Monday afternoon. House Majority Leader Nate Gentry, R-Albuquerque, presented a bill that would allow municipalities and counties to set their own curfew rules for minors. During his presentation to the House Regulatory and Public Affairs Committee, Gentry said that the bill would not have major impact, saying that the term “curfew” is “a bit misleading.”
“All this bill does is during school hours and from midnight until five, law enforcement can contact minors,” he said. Gentry said the bill defines minors as people who are 16 years old and under. Still, the bill drew opposition from many, including some fellow lawmakers in committee.
A bill that would allow judges to deny bail on certain offenders has passed its first House committee on party lines. Sponsored by state Rep. David Adkins, R-Albuquerque, the measure would allow voters to approve or reject a proposed constitutional amendment that would let judges deny bail to offenders to “protect the safety of any other person or the community.”
The House Regulatory and Public Affairs Committee passed the bill on a 4-3 vote. Jeff Clayton, a policy director for the American Bail Coalition, said the bill would only affect the “worst of the worst.”
“We’re talking about somebody who is dangerous who is going to flee and be dangerous,” Clayton said. Among supporters of the bill were members of the bail bond industry, the state Department of Public Safety and Julie Benner, widow of Rio Rancho officer Gregg “Nigel” Benner. Most who opposed the bill mentioned their support of a similar measure by state Sen. Peter Wirth, D-Santa Fe.