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New Mexico

Total Correctional Population: 30,200

Number on Parole or Probation: 15,500

Number in Local Jail or Prison: 14,700

Incarceration Rate per 100,000 residents: 710

Incarceration Rate Rank: 13th

Corrections Share of 2018 General Fund Expenditures: 4.8%

Sources: 

“Correctional Populations in the United States, 2016,” U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. 

"2018 State Expenditure Report," National Association of State Budget Officers 

recently enacted reforms

2019

House Bill 312: Mandates that state asset forfeiture reforms apply to municipal codes; provides other clarifying amendments to forfeiture laws.

House Bill 370: Provides clarification for expungement for wrongful arrests, arrests without convictions, and convictions after a certain period of time.

House Bill 342: Expands access to behavioral health services, provides “good samaritan” immunity, changes the statutory eligibility requirements for preprosecution diversion, requires the Sentencing Commission to create fiscal impact statements for bills that create new crimes or repeal existing crimes.

News

April 12, 2019

“The benefits of Clean Slate are clear: lower crime rates, taxpayer money saved as a result of reduced incarceration, and a stronger economy that allows more qualified job seekers to participate.”

Writing in the Hartford Courant, Right on Crime’s Marc Levin and the Center for American Progress’s Rebecca Vallas urged Connecticut lawmakers to pass the Clean Slate Act pending in the legislature. The Clean Slate Act would provide for the automatic expungement of criminal records for those who have completed their sentence and remained crime free for five years after a non-violent felony, or three years after a misdemeanor. Clean Slate laws have gained traction across the country—Pennsylvania and Utah both passed automatic expungement laws, and Kentucky and New Mexico expanded opportunities for expungement this year.

April 5, 2019

“…We will responsibly take steps to assist our friends and neighbors who deserve a second chance to contribute to our society.”

New Mexico Governor Michelle Lujan Grisham signed Senate Bill 370 into law this week, allowing New Mexicans to ask the courts to seal records of arrest or conviction. Expungements will not be allowed for crimes against children, sex offenses, drunk driving, embezzlement and some other serious crimes. Regrettably, occupational licensing reforms and data-driven probation reforms were not signed into law.

March 8, 2019

 “It’s an economic development tool for folks to get better jobs as well as public safety. Folks know that there’s a light at the end of the tunnel and won’t go back to criminal behavior.”

New Mexico House Bill 370, which allow people to petition a court to have their criminal records sealed from public view, is heading to the full Senate for consideration. Expungement would be available not just to those with criminal convictions, but also people who were wrongfully arrested, whose charges were dismissed, or who were acquitted at trial. Under the new law, judges, prosecutors and police would still have access to sealed records. HB 370 garnered broad, bipartisan support and passed in the house by a vote of 52-17.

December 21, 2018

“This approach will help us identify tailored solutions that address New Mexico’s distinct challenges and maximize the impact of every dollar we spend.”

New Mexico’s Justice Reinvestment Working Group met this week, working on a data-driven approach to identify and address issues in the state’s justice system. Amid more recent declines, as of 2017, New Mexico had the highest rates of property crime and violent crime in the country, and its violent crime rate was at a 10-year high for the state. Officials are working with the Council of State Governments to enact a Justice Reinvestment Initiative, a program that has led to policies in 30 other states that collectively have saved or avoided costs of more than $1.1 billion.

October 12, 2018

“We understand that officer safety must be considered in any actions the state takes. But, we believe that can be accomplished without the debilitating use of solitary confinement.”

Isaiah Trinity Cabrales committed suicide after being held in solitary confinement for seven months at the Penitentiary of New Mexico. He was told he wouldn’t be allowed phone calls, visitors or trips to the commissary until May 2019, two years after he started serving his sentence. Reforms to the state’s solitary confinement system failed in the legislature in 2015, and were vetoed by Governor Susana Martinez in 2017. In response to the investigation of Cabrales’ death, the editorial board of the Las Cruces Sun News called for reform to the state’s “widespread use” of solitary confinement.

October 5, 2018

“As former federal and state prosecutors, we understand more than most that there are smart ways to reform the system that lead to better outcomes. You can be pro-public safety, pro-law enforcement and pro-reform simultaneously.”

In the Albuquerque Journal, former U.S. Attorneys David Iglesias and Brett Tolman argued that New Mexico’s bail reforms are working, and the state should continue on the path started by 2016’s Amendment 1. They note that both pretrial detention and crime have both declined since bail reform was implemented, and that the state’s pretrial system is now driven by public safety, rather than access to cash.  

August 17, 2018

“As jurisdictions strive to increase efficiency, transparency, and accountability within government operations, performance management systems provide an accessible platform to monitor outcomes and inform policymaking statewide.”

A new report from the Pew Charitable Trusts examines how states used performance management systems to ensure data-driven policy reforms are working. Minnesota created the Dashboard, a public website that tracks and reports performance, with detailed data that is regularly updated. New Mexico’s Agency Report Cards provide public accounting of performance ratings and scores within agencies, as well as information on whether the performance is getting better or worse. Pew’s report includes recommendations for states looking to implement performance review systems and create a culture of data-driven accountability.

August 3, 2018

“These challenges may appear overwhelming, but many states are using innovative approaches to tackle them and are achieving results.”

The Council of State Governments Justice Center introduced a new website, the 50-State Report on Public Safety, which features more than 300 data visualizations comparing crime, recidivism and state correctional practices. Highlighted innovations come from all 50 states, including Ohio’s  Crisis Intervention Teams, Pennsylvania’s use of performance-based contracts for halfway houses, and New Mexico’s first-in-the-nation requirement that all local and state law enforcement officers carry naloxone.

August 3, 2018

“The Court concludes that the City of Albuquerque’s forfeiture officials have an unconstitutional institutional incentive to prosecute forfeiture cases…”

A U.S. District Court ruled that Albuquerque’s asset forfeiture program violated the constitution both by depriving owners of their property without due process, and by injecting the city’s financial interest into the law enforcement process. Albuquerque’s program raised nearly $12 million in forfeitures, settlements and fees between 2009 and 2016, and until recently, the city had refused to comply with state law that required a criminal conviction to forfeit property.  Sixteen states, including New Mexico, Iowa, New York, Pennsylvania and Utah, require the government to bear the burden of proof in innocent-owner claims; only seven have closed the equitable sharing loophole created by federal law.

May 4, 2018

“There are mountains of evidence that show having a child can be a very powerful motivator for change, so when inmates can stay connected with their families, their risk of recidivism goes down.”

Bernalillo County, New Mexico, has approved a new policy that would allow jailed women to breast-feed a child, or use a breast pump and storage facility. A bill to allow women in all of New Mexico’s jails and prisons to breastfeed was passed by both chambers in 2017 but pocket-vetoed by Governor Susana Martinez. And in New York City, city leaders announced a pilot program to allow women at Rikers Island to spend time with their families outside of jail. The Children’s Museum of Manhattan will provide creative programming for incarcerated women, their children, and custodial caregivers when it is closed to the public.