ACLU, public defender’s office calls on NM to release more inmates amid COVID-19

New Mexico’s Law Offices of the Public Defender and the state’s American Civil Liberties Union chapter filed a petition with the New Mexico Supreme Court, asking the high court to order the mass release of inmates as a way to limit the spread of COVID-19 in state jails.  “People in congregate environments (where people live, […]

ACLU, public defender’s office calls on NM to release more inmates amid COVID-19

New Mexico’s Law Offices of the Public Defender and the state’s American Civil Liberties Union chapter filed a petition with the New Mexico Supreme Court, asking the high court to order the mass release of inmates as a way to limit the spread of COVID-19 in state jails. 

“People in congregate environments (where people live, eat, and sleep in close proximity) like prisons and jails face increased danger of contracting COVID-19, as already evidenced by the rapid spread of the virus on cruise ships and in nursing homes,” the petition read. “For example, New Mexico’s major outbreak events have thus far been in long-term care facilities.”

The petition is the latest of attempts by both groups to lower detention center populations. 

The two groups are asking the state’s high court to order the governor and the state’s Corrections Department to “Immediately review all corrections inmates” and work to quickly release those who are incarcerated for probation or parole violations, inmates who are at high risk of contracting COVID-19, those who have a year or less left on their sentence, non-violent offenders and pregnant inmates. 

The two groups are also asking the New Mexico Supreme Court to implore the state to stop jailing people for technical probation or parole violations, identify those who are eligible for gereatric or medical parole and to hold expedited parole hearings.  

Last month Gov. Michelle Lujan Grisham began ordering the release of some inmates in state facilities, but the LOPD and the New Mexico ACLU argued that those releases will not fully address the problem. 

“However, that order describes a very narrow class of inmates, and in the short-term (when NM will experience a peak in the stress in health care infrastructure) will reduce the prison populations by only about ten inmates statewide,” the petition read. 

The two groups argued in their petition that “Many inmates live in dormitory-style sleeping arrangements, sleeping in beds close together,” making it hard for inmates to practice social-distancing. 

“Put simply, inmates do not have the privilege of protecting themselves from infection,” the petition read. “New Mexico prisons lack adequate infrastructure to address the spread of infectious disease and the treatment of people most vulnerable to illness.”

Since New Mexico first reported positive COVID-19 tests, many criminal justice stakeholders have been pushing for limited in-person court proceedings and a reduction of inmates in both state and county detention centers. District attorneys and defense attorneys have reportedly been working together to release inmates and limit the number of people going into jail, with varying degrees of success. 

The LOPD and the New Mexico ACLU, in their petition, urged the state Supreme Court to “consider the deviation and human suffering that will likely result if current social isolation are not applied to incarcerated people.”

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

Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Governor to call special session for public safety legislation this summer

Governor to call special session for public safety legislation this summer

Gov. Michelle Lujan Grisham announced that she will call the Legislature into a special session this summer to address public safety legislation that did…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Ozone pollution continues to plague New Mexico

Ozone pollution continues to plague New Mexico

Four of the nine New Mexico counties evaluated in the annual State of the Air report received failing marks for ozone pollution. The counties…
NM receives $156M to boost access to solar

NM receives $156M to boost access to solar

New Mexico will receive millions in federal money to increase access to solar power. The U.S. Environmental Protection Agency announced recipients of the $7…
Two PFAS chemicals designated hazardous substances under Superfund law

Two PFAS chemicals designated hazardous substances under Superfund law

The U.S. Environmental Protection Agency released a final rule Friday to designate two types of PFAS chemicals as hazardous substances. Those two chemicals are perfluorooctanoic…
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…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
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…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Latest SCOTUS abortion case uncertain and could impact New Mexico

Latest SCOTUS abortion case uncertain and could impact New Mexico

The U.S. Supreme Court heard oral arguments on Wednesday on an abortion-related case, this time over whether an Idaho anti-abortion law preempts a federal…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

U.S. Rep. Melanie Stansbury announced a bill on Thursday that would, if enacted, establish judicial ethics to the U.S. Supreme Court. The Judicial Ethics…
Latest SCOTUS abortion case uncertain and could impact New Mexico

Latest SCOTUS abortion case uncertain and could impact New Mexico

The U.S. Supreme Court heard oral arguments on Wednesday on an abortion-related case, this time over whether an Idaho anti-abortion law preempts a federal…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
Progressives going after incumbents in hot Democratic primaries

Progressives going after incumbents in hot Democratic primaries

By Justin Horwath, NM In Depth It’s a safe bet Democrats will barrel into 2025 with their supremacy intact at the New Mexico Legislature.…
Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Vasquez calls out Republicans for ‘inaction’ on border policy

Vasquez calls out Republicans for ‘inaction’ on border policy

U.S. Rep. Gabriel “Gabe” Vasquez, a Democrat who represents the state’s 2nd Congressional District along the U.S.-Mexico border, cosponsored a resolution on Monday calling…
Latest SCOTUS abortion case uncertain and could impact New Mexico

Latest SCOTUS abortion case uncertain and could impact New Mexico

The U.S. Supreme Court heard oral arguments on Wednesday on an abortion-related case, this time over whether an Idaho anti-abortion law preempts a federal…
Ozone pollution continues to plague New Mexico

Ozone pollution continues to plague New Mexico

Four of the nine New Mexico counties evaluated in the annual State of the Air report received failing marks for ozone pollution. The counties…
Progressives going after incumbents in hot Democratic primaries

Progressives going after incumbents in hot Democratic primaries

By Justin Horwath, NM In Depth It’s a safe bet Democrats will barrel into 2025 with their supremacy intact at the New Mexico Legislature.…

GET INVOLVED

© 2023 New Mexico Political Report