In March, CSG Justice Center staff traveled once to New Mexico to provide stakeholders with information on the research and analysis that informed the Justice Reinvestment policy framework, which was reflected in House Bill (HB) 342 and HB 564. During this site visit, CSG Justice Center staff met with working group members and legislative champions to continue discussions about the Justice Reinvestment policy framework and potential impact on New Mexico’s prison system. CSG Justice Center staff also attended the Senate Judiciary Committee meeting to observe the hearing on HB 342 and HB 564.
In mid-March, HB 342 and HB 564 passed out of both chambers, although the state did not make any reinvestments recommended by the working group. At that point, both bills were sent to the governor’s desk for her signature. The governor has until April 5 to sign the bills otherwise they will be pocket vetoed. A summary of the policies contained in each bill are as follows:
HB 564 (Senate vote: 26 Yes, 6 No; House vote: 51 Yes, 16 No)
• Defines the purpose and function of probation
• Focuses intensive supervision at the beginning of a person’s supervision term
• Requires the validation of risk assessment tool and instructs judges and parole board members to consult assessment results when setting supervision conditions
• Requires that presentencing reports include risk/needs assessment results, victim impact statements, criminal record, and state identification number
• Provides training for supervision officers
• Directs corrections department and parole board to respond to technical violations with less costly and more effective sanctions as opposed to revocations to prison and jail
• Eliminates factors the parole board is required to consider when determining parole for an individual serving a life sentence
HB 342 (Senate vote: 39 Yes, 0 No; House vote: 61 Yes, 0 No)
• Adds notification of crime victim compensation (CVC) to New Mexico’s enumerated list of victim’s rights
• Expands eligibility for CVC by allowing victims to report the crime to a licensed medical or mental health provider, counselor, or tribal health care provider as opposed to a law enforcement officer
• Allows CVC staff to waive the requirement that a victim cooperate fully in any ongoing investigation or prosecution if it is found that the victim acted reasonably given the victimization
After passage of the bills, CSG Justice Center staff were surprised to learn that New Mexico’s district attorneys and attorney general submitted a letter to the governor requesting that she veto HB 564. The letter was particularly unexpected given prior outreach to these stakeholders, including several meetings with DAs and working group membership from the New Mexico District Attorneys’ Association. Their opposition was based on the following issues:
1. The systematic transfer of people on probation from supervised to unsupervised probation after a year of successful supervision
2. The limitation of judicial discretion on probation violations
3. Changes to the way the parole board determines if people serving 30 years to life are eligible for release. Current law requires the person up for parole to prove why they should be released, while the bill shifts the burden to the parole board and requires that they make a finding that the person is “unable or unwilling to fulfill the obligations of a law-abiding citizen.”
CSG Justice Center staff continued to engage with legislative champions and the governor’s office to provide information pertaining to Justice Reinvestment analysis and findings, as requested. National champions, including the US Justice Action Network and Right on Crime, submitted talking points and letters in support of the legislation. Legislative champions have also submitted a letter and written an op-ed countering the district attorneys’ and attorney general’s opposition.
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• 3/4/19 – Call with Secretary (New Mexico Department of Public Safety) and Ohio Department of Public Safety to discuss Justice Reinvestment Initiatives in both states.
• 3/12/19 – Call with two members from the New Mexico Crime Victims Reparation Commission to provide information on the Justice Reinvestment policy framework.
• 3/12/19 – Call with New Mexico State Sen. to discuss policies endorsed by the New Mexico Justice Reinvestment Working Group.
• 3/18/19 – Call with New Mexico State Rep. to discuss the governor’s response to Justice Reinvestment policies endorsed by the working group.
• 3/19/19 – Call with Director (New Mexico Corrections Department) to discuss training on evidence-based practices for probation and parole supervisors in April.
• 3/20/19 – Call with Office of the Governor to discuss New Mexico Justice Reinvestment Initiative and provide research on policy frameworks.
• 3/28/19 – Call with New Mexico State Rep. to discuss Justice Reinvestment policy framework and provide information on national criminal justice partners.
3/5/19
• Meeting with New Mexico Office of the Public Defender to discuss policies endorsed by the New Mexico Justice Reinvestment Working Group.
3/6/19
• Meeting with Office of the Governor to provide information on the Justice Reinvestment policy framework.
• Meeting with New Mexico Administrative Office of the Courts to provide information on the Justice Reinvestment policy framework, specifically the probation and parole policies.
• Meeting with ACLU of New Mexico to discuss policies endorsed by the New Mexico Justice Reinvestment Working Group.
• Meeting with New Mexico State Rep. and New Mexico State Sen. to provide information on evidence-based practices for community supervision.
• Meeting with Justice Action Network to discuss policies endorsed by the New Mexico Justice Reinvestment Working Group.
• Meeting with Office of State Rep. to provide information on the Justice Reinvestment policy framework.
• Meeting with New Mexico Legislative Finance Council to discuss policies endorsed by the New Mexico Justice Reinvestment Working Group.
• Senate Judiciary Hearing to observe legislative debate on policies endorsed by the New Mexico Justice Reinvestment Working Group.
3/7/19
• Meeting with Office of the Governor to provide information on the Justice Reinvestment policy framework, specifically information about community supervision.
In March, CSG Justice Center research staff focused on reviewing and making edits to the final report. Research staff also made revisions to working group presentations and policy impact projections to address stakeholder feedback and correct calculation errors. Finally, research staff assisted with the development of a proposal for an extension of Phase I in New Mexico.
Research Activity Log:
• 3/6/19 – Finalize revisions to PowerPoint slides from working group presentations with results of updated data analysis based on feedback from stakeholders.
• 3/7/19 – Write sections on data gathering and impact projections for final report; review key findings for accuracy and make any necessary corrections/updates.
• 3/8/19 – Update policy impact projections to correct error in calculation due to formulas not updating.
• 3/11/19 – Continue review of final report, making edits where necessary and adding citations for all data points.
• 3/15/19 – Assist with development and review of proposal for extended Justice Reinvestment Phase I in New Mexico, outlining the data challenges faced in the initial round and our plan to avoid those challenges in a second round.
• “Bill forcing parole board to explain decisions on ’30-year lifers’ heads to governor” (NM In Depth)
• “New Mexico DAs, AG urge governor to veto bill changing probation, parole procedures” (KRQE News)
• “Several significant criminal justice bills still alive as session nears end” (NM In Depth)
• “Criminal justice reform deserves governor’s support” (Santa Fe New Mexican)
• “Lawmakers defend parole bill, dismiss DAs safety concerns” (Albuquerque Journal)
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