New Mexico lawmakers review proposals to modernize state’s criminal justice system

New Mexico lawmakers on Friday previewed legislation for next year’s session that would significantly expand the New Mexico Sentencing Commission’s responsibilities as part of a 10-year effort to modernize the state’s criminal justice system. Commission leaders, however, oppose the bill in its current form.

Rep. Tara Lujan (D-Santa Fe) presented a legislative proposal to the interim Courts, Corrections and Justice Committee to significantly expand the responsibilities for the New Mexico Sentencing Commission, a University of New Mexico policy analysis commission that’s existed since the early 2000s, to modernize the state’s criminal justice system.

The proposed bill builds upon a memorial passed in this year’s legislative session that directed the Legislature to create a task force responsible for drafting a 10-year plan to address “systemic problems,” such as exceedingly high levels of crime and recidivism.

The draft bill would expand the Sentencing Commission into the New Mexico Criminal Justice Institute and charge it with creating five new standing committees focused on data; system capacity; workforce; funding and accountability; and juvenile justice. Under the proposal, the five committees would be responsible for rolling out the 10-year plan across four phases.

The fourth and final phase under the proposal would include the rollout of a data dashboard that focuses on metrics from eight categories: crimes categorized by offense type; arrests categorized by offense type; pre-trial detention; use and success of deflection and diversion; sentences; dismissals; probation and parole outcomes; and recidivism.

“The legislation that we are proposing is based on the input and ideas of hundreds of citizens and justice system professionals and dozens of legislative hearings,” Lujan said at Friday’s hearing.

However, Sentencing Commission Executive Director Douglas Carver, who spoke alongside Lujan during the hearing, said the commission opposes the bill “at this point,” largely because he said the commission wasn’t involved with its early drafting.

When Committee Chair Rep. Christine Chandler (D-Los Alamos) asked him where the commission stands on the proposal, he said he and his colleagues would happily work alongside lawmakers to improve it before the legislative session begins in January.

“Recognizing this is still in early stages, we’re more than happy to work with the representative,” Carver said. “The big objection that the executive committee has is that the commission wasn’t brought on board…it’s the kind of bill that would ideally be brought to the commission in early changes.”

Chandler told Lujan that it is “probably smart to be talking in detail” with Sentencing Commission leaders as the proposed legislation would directly affect them.

State Sen. Linda Trujillo (D-Santa Fe) raised concerns about ambiguity in the draft bill’s language, which she said made it difficult to ascertain whether the state or UNM would be on the hook for paying, hiring and managing staff at the expanded commission.

“You need to be really cautious about the things that you direct UNM to do,” she said.

Lujan thanked her fellow state lawmakers for their feedback and said that her proposals are “an endeavor.”

Lujan’s other proposed bill, which prompted little discussion at Friday’s hearing, would institute a “deflection” program, in which police officers and sheriffs’ deputies could offer low-level offenders a chance to participate in a social service program rather than be arrested and detained. 

“That’s why we’re having this conversation — to really flesh through how we’re going to get this,” she said.