Interim committee endorses expansion of three strikes law

An interim committee endorsed two pieces of legislation that would expand the list of crimes that would qualify for New Mexico’s three strikes law. After three convictions for eligible crimes, the person convicted would face a life sentence in prison. The more contentious of the two was the one brought forward by Rep. Paul Pacheco, R-Albuquerque, perhaps […]

Interim committee endorses expansion of three strikes law

An interim committee endorsed two pieces of legislation that would expand the list of crimes that would qualify for New Mexico’s three strikes law. After three convictions for eligible crimes, the person convicted would face a life sentence in prison.

Jail CellThe more contentious of the two was the one brought forward by Rep. Paul Pacheco, R-Albuquerque, perhaps because it was the first time the committee had heard that particular legislation. Pacheco called his legislation “narrowly crafted” a number of times and said it was his intention to only target “super predators.”

The additions would add more than ten felonies on the list of crimes eligible for the three strikes law, including involuntary manslaughter and first degree abuse of a child.

Pacheco said that the fact that no one has been charged under the three-strikes law since it was implemented in 1994 showed that “it’s useless.”

“We are really focusing our energy on just the violent offenders,” Pacheco said.

Some took issue with the scope of Pacheco’s additions and wondered at the cost; the specter of a budget-busting three-strikes expansion in California loomed heavy.

Sen. Bill O’Neill, D-Albuquerque, asked about the “fiscal disaster” in California.

“This legislation is fundamentally different in some ways than the California three-strikes law,” Sen. Jacob Candelaria, D-Albuquerque said, and Pacheco agreed.

iStock_000002715910_LargePacheco said that the legislation was more narrow than California’s (which has since been narrowed with great success) that filled prisons and had costs that ran into the billions.

He said he used a “scalpel” and not a “sledgehammer” in choosing which crimes should count towards the three strikes.

Pacheco began his presentation by listing several high profile shootings, including two cases of police officers who were killed by repeat offenders. He had harsh words for those he said the legislation targeted.

Still, he bristled when Sen. Cisco McSorley, D-Albuquerque, said that Pacheco was describing “sociopaths” and made clear that he never used that word in what was a testy exchange.

“I for one ran into the same individuals over and over and over again,” Pacheco, a former police officer, said.

McSorley said that “super predators” was a discredited theory from the 1980s; it was a theory put forward in the 1990s about the next generation of juveniles, who authors of a widely read book said would become “the youngest, biggest and baddest generation any society has ever known.”

One author later said he wished he had never advanced that theory after the predicted rise in crime never happened; crime rates, including violent crimes, have plummeted since the 1990s.

Pacheco used the term “super predators” to describe criminals who “have no feeling for life, they don’t care who they hurt, they don’t care who they kill.”

Rep. Bill Rehm, R-Albuquerque, noted one reason why no one has been charged with the three crimes legislation—those who would qualify haven’t had a chance to commit three such crimes.

“All of the crimes that are included in our current law are 15 or 30 year sentences,” Rehm said.

Rehm had his own three strikes bill go through the interim committee with minimal questions, likely because it was the second time the committee had heard the legislation.

‘The question was that I tried to answer is how many times will we let you injure someone or kill them and then we say that’s enough?” Rehm said when presenting his bill.

Rehm’s bill would also say if someone has served for at least ten years for their third eligible offense and is 60 years old or older that they would be eligible for supervised probation.

Life sentences in New Mexico are for 30 years.

Others looked at other issues tangentially related but that were related to the goal of reducing crime in the state.

Rep. Patricio Ruiloba, D-Albuquerque, wondered at the role of plea deals in putting those who committed violent crimes back on the street as well as a lack of resources for District Attorneys.

McSorley laid the blame at the feet of Gov. Susana Martinez and Albuquerque Mayor Richard Berry.

“This is about a failed governor and a failed mayor,” McSorley said, saying that Berry broke a campaign promise to increase the amount of police officers in the city.

Ultimately, the biggest question was over the cost.

Tony Ortiz, the director of the New Mexico Sentencing Commission, presented alongside Rehm and said that the cost was not simple to evaluate and analysts will need to closely look at the assumptions.

“This is one of those place where you have to put resources into public safety,” Sen. Peter Wirth, D-Santa Fe, said. He noted that this might mean raising revenue.

Wirth said if there are increased costs and no revenue is raised, “We’re taking money out of all the things that government pays for now—our education, our kids—and we’re putting it into prisons.”

In both cases, the interim committee voted to endorse the legislation. Endorsements have no real effect in the legislative process during the session, but can signal approval of work done on the legislation during the interim.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Politics Newsletter: Special Session recap

Politics Newsletter: Special Session recap

Hello fellow political junkies! Gov. Michelle Lujan Grisham called a special session on July 18 to tackle public safety issues ranging from criminal competency…
Legislators pass disaster assistance funding, end special session quickly

Legislators pass disaster assistance funding, end special session quickly

The two issues passed were only a fraction of what Gov. Michelle Lujan Grisham had on her special session agenda.
House votes to pass bill for fire relief, behavioral health treatments

House votes to pass bill for fire relief, behavioral health treatments

The House voted overwhelmingly to pass HB 1, the appropriations bill that provides funding for the special session, fire relief and behavioral health court…
PRC approves NM Gas Co. rate increase agreement

PRC approves NM Gas Co. rate increase agreement

The New Mexico Public Regulation Commission approved a stipulated agreement which is expected to result in a rate increase for customers.  The stipulated agreement…
12 tribes and pueblos in New Mexico could benefit from pending water rights settlements

12 tribes and pueblos in New Mexico could benefit from pending water rights settlements

For generations, the Zuni people were able to grow food in the New Mexico desert through what Pueblo of Zuni Gov. Arden Kucate described…

Climate change is bringing more deadly heat to New Mexico

Heat-related deaths and illnesses are increasing in New Mexico, as the state has experienced greater increases in temperature than many other parts of the…
Early childhood summit convened to discuss future of program

Early childhood summit convened to discuss future of program

About 200 people from tribal governors to legislators to advocates and teachers gathered at Bishop’s Lodge to discuss Early Childhood Education’s future in New…
Stansbury outlines funding secured for early childhood and youth services programs

Stansbury outlines funding secured for early childhood and youth services programs

U.S. Rep. Melanie Stansbury secured $8.3 million for childhood development and youth services in the 1st congressional district through federal community project funding. Stansbury,…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Some mental health issues on the rise in New Mexico

Some mental health issues on the rise in New Mexico

A recent report by KFF, a foundation that provides health policy analysis, found mental health issues on the rise and disparities in mental health…
Heinrich questions FDA leadership on baby formula safety, mifepristone

Heinrich questions FDA leadership on baby formula safety, mifepristone

U.S. Food and Drug Administration Commissioner Dr. Robert Califf answered questions about the safety of human milk formula and mifepristone on Wednesday. Sen. Martin…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Harris could excite Democratic voters on reproductive health

Harris could excite Democratic voters on reproductive health

Data indicates Vice President Kamala Harris could excite the Democratic base around the issue of abortion in a way that President Joe Biden struggled…
Reproductive rights groups endorse Vice President Kamala Harris for president

Reproductive rights groups endorse Vice President Kamala Harris for president

Vice President Kamala Harris, who announced on Sunday her intention to replace President Joe Biden as the presidential Democratic nominee, received immediate support from…
Heinrich files amendment to protect reproductive rights for the military

Heinrich files amendment to protect reproductive rights for the military

U.S. Sen. Martin Heinrich filed an amendment on Tuesday to codify a rule protecting veteran access to abortion in the case of rape, incest…
Supreme Court upends environmental and reproductive rights protections

Supreme Court upends environmental and reproductive rights protections

Two years after the U.S. Supreme Court overturned Roe v. Wade, the high court overturned another long-standing precedent on Friday that could undue both…
Supreme Court dismisses abortion case, advocates say it keeps legal questions open

Supreme Court dismisses abortion case, advocates say it keeps legal questions open

The Supreme Court punted on Thursday on a second abortion decision it heard this term, leaving open the question of whether a federal law…
Biden will protect reproductive access, Health Secretary says during a multi-state reproductive access tour 

Biden will protect reproductive access, Health Secretary says during a multi-state reproductive access tour 

U.S. Health and Human Services Secretary Xavier Becerra said at a Planned Parenthood space for LGBTQ youth in Albuquerque that if President Joe Biden…
Harris could excite Democratic voters on reproductive health

Harris could excite Democratic voters on reproductive health

Data indicates Vice President Kamala Harris could excite the Democratic base around the issue of abortion in a way that President Joe Biden struggled…
Reproductive rights groups endorse Vice President Kamala Harris for president

Reproductive rights groups endorse Vice President Kamala Harris for president

Vice President Kamala Harris, who announced on Sunday her intention to replace President Joe Biden as the presidential Democratic nominee, received immediate support from…
Talking to NM Democratic delegates after Biden leaves race, endorses Harris

Talking to NM Democratic delegates after Biden leaves race, endorses Harris

President Joe Biden ended his re-election campaign on Sunday leaving questions about what happens to the ballot now. Rules were already in place for…
MLG public safety town hall draws crowd

MLG public safety town hall draws crowd

Gov. Michelle Lujan Grisham held the first of three planned public safety town hall meetings in Las Cruces on Thursday to promote her special…
Harris could excite Democratic voters on reproductive health

Harris could excite Democratic voters on reproductive health

Data indicates Vice President Kamala Harris could excite the Democratic base around the issue of abortion in a way that President Joe Biden struggled…
Reproductive rights groups endorse Vice President Kamala Harris for president

Reproductive rights groups endorse Vice President Kamala Harris for president

Vice President Kamala Harris, who announced on Sunday her intention to replace President Joe Biden as the presidential Democratic nominee, received immediate support from…

GET INVOLVED

© 2023 New Mexico Political Report