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New Mexico Legislature COURTS, CORRECTIONS AND JUSTICE COMMITTEE 2017 INTERIM FINAL REPORT Legislative Council Service 411 State Capitol Santa Fe, New Mexico 87501 (505) 986-4600 www.nmlegis.gov TABLE OF CONTENTS Interim Summary Work Plan and Meeting Schedule Agendas and Minutes Courts, Corrections & Justice Committee Criminal Justice Reform Subcommittee Endorsed Legislation INTERIM SUMMARY Courts, Corrections and Justice Committee and Criminal Justice Reform Subcommittee 2017 Interim Summary The Courts, Corrections and Justice Committee (CCJ) met six times during the 2017 interim in Santa Fe, Las Vegas, Springer and Albuquerque to discuss and receive presentations about issues ranging from sexual assault and juvenile justice to medical cannabis and campaign donations. The Criminal Justice Reform Subcommittee (CJRS) of the CCJ, a bipartisan group of eight members of the CCJ, met four times in Albuquerque to discuss and receive presentations about the state's criminal justice system and the need for reforms to improve that system. This interim, the CCJ heard from many state officials and advocates about how the state's economic struggles have affected corrections facilities and jails, incarceration rates, the incidence of substance use disorders and the prioritization of funding among criminal justice-related agencies. State officials updated the committee about the progress on work to reduce the state's backlog of untested sexual assault examination kits and to implement policies to reduce future backlogs. Several presenters addressed bail reform efforts in the state, including the passage and effect of a related constitutional amendment approved by voters in 2016 and rules promulgated by the New Mexico Supreme Court following that amendment. As in past years, the committee welcomed groups of advocates that presented a variety of legislative priorities for the CCJ's consideration. The CJRS chose to meet at the Law Offices of the Public Defender in Albuquerque, the Office of the Second Judicial District Attorney and the Bernalillo County Metropolitan Court to hear from and directly observe issues affecting stakeholders in the criminal justice system. A similar message was delivered by many who made presentations to the CJRS: the system is struggling from a lack of funding. Several presenters offered suggestions for programs that could help reduce the number of offenders who recidivate and for ways to save money through reforms to various aspects of the system. The CJRS concluded its interim work with an acknowledgment that significant legislative reform efforts are needed to improve criminal justice in New Mexico and with expressing an interest in continuing its work in 2018. The CCJ's interim concluded, as in past years, with the presentation of several pieces of legislation for the committee's consideration and possible endorsement. The committee endorsed legislation related to DWI-related blood tests, resources for victims of human trafficking, funding for drug courts, uniform legislation related to directed trusts and guardianship, bail considerations for certain offenders, immigration reform and the federal Deferred Action for Childhood Arrivals law and requirements related to campaign donations made online using credit cards. WORK PLAN AND MEETING SCHEDULE 2017 APPROVED WORK PLAN AND MEETING SCHEDULE for the COURTS, CORRECTIONS AND JUSTICE COMMITTEE and the CRIMINAL JUSTICE REFORM SUBCOMMITTEE Members Rep. Gail Chasey, Co-Chair Rep. Antonio Maestas Sen. Richard C. Martinez, Co-Chair Rep. Sarah Maestas Barnes Rep. Eliseo Lee Alcon Rep. Javier Martínez Sen. Gregory A. Baca Sen. Cisco McSorley Sen. Jacob R. Candelaria Rep. William "Bill" R. Rehm Rep. Zachary J. Cook Rep. Angelica Rubio Rep. Jim Dines Sen. Sander Rue Sen. Linda M. Lopez Advisory Members Rep. Deborah A. Armstrong Sen. William H. Payne Sen. William F. Burt Sen. John Pinto Rep. Brian Egolf Rep. Patricia Roybal Caballero Rep. Doreen Y. Gallegos Sen. Mimi Stewart Sen. Daniel A. Ivey-Soto Rep. Christine Trujillo Sen. Bill B. O'Neill Sen. Peter Wirth Criminal Justice Reform Subcommittee Members Rep. Antonio Maestas, Co-Chair Rep. Zachary J. Cook Sen. Sander Rue, Co-Chair Rep. Jim Dines Sen. Gregory A. Baca Sen. Richard C. Martinez Rep. Gail Chasey Sen. Cisco McSorley Work Plan The Courts, Corrections and Justice Committee was created by the New Mexico Legislative Council on June 5, 2017. During the 2017 interim, and as time permits, the committee will receive presentations on the following: 1. an update from the Corrections Department, including discussion of the status of efforts to reduce recidivism and improve public safety using the New Mexico Results First initiative, the department's budget, department staffing and staff training, inmate housing, gender-specific policies and practices of the department, inmate health care and other department programs and legislative priorities; 2. an update from the Department of Public Safety, including discussion of sexual assault examination kit testing and related policies developed by law enforcement agencies, other forensic evidence testing backlog and related policies and department staffing and legislative priorities; 3. an update from the Children, Youth and Families Department, including discussion of juvenile justice and the school-to-prison pipeline, the use of isolated confinement and community corrections for juveniles and department programs and legislative priorities; 4. the Administrative Office of the Courts unified budget and court updates and legislative priorities; 5. an update from the Public Defender Department, including discussion of the department's legislative priorities; 6. an update from the Administrative Office of the District Attorneys and the office's legislative priorities; 7. an update from the New Mexico Association of Counties, including discussion of issues affecting county jails and the association's legislative priorities; 8. an update from the New Mexico Sentencing Commission, including a presentation of the commission's New Mexico Prison Population Forecast; 9. criminal justice reform, including the Criminal Justice Reform Subcommittee's work on criminal justice reform issues and related legislation; 10. funding for sexual assault services and review of sexual-assault-related legislation; 11. domestic violence, including effects on children and programs for survivors and perpetrators and related funding; 12. the work of the state's Juvenile Justice Improvement Initiative Task Force; 13. human trafficking; 14. medical cannabis; 15. substance abuse, including drug decriminalization and legalization and substance abuse treatment; - 2 - 16. parole, including release eligibility, "in-house" parole and community corrections and reentry programs; 17. Albuquerque Police Department reforms and crime rates and methods used for crime reduction in cities comparable to Albuquerque; 18. government accountability; 19. bail and pretrial detention system and information technology systems reforms; 20. regulation of towing service providers; 21. law enforcement eyewitness identification procedures; 22. a report from the Office of the State Auditor on its pay equity audit; 23. legislation related to insurance risk and solvency assessments; and 24. legislation for committee consideration. The Criminal Justice Reform Subcommittee will focus on reforms to the state's Criminal Code and the state's criminal justice system. - 3 - Courts, Corrections and Justice Committee 2017 Approved Meeting Schedule Date Location June 21 Santa Fe July 31-August 1 Las Vegas, Springer August 23-24 Santa Fe September 12-13 Hernandez, Santa Fe October 16-18* Albuquerque November 8-9 Santa Fe *A joint meeting with the Legislative Health and Human Services Committee will be held on October 18. Criminal Justice Reform Subcommittee 2017 Approved Meeting Schedule Date Location August 14 Albuquerque September 27 Albuquerque October 10 Albuquerque October 27 Albuquerque - 4 - COURTS, CORRECTIONS & JUSTICE COMMITTEE AGENDAS AND MINUTES Revised: June 16, 2017 TENTATIVE AGENDA for the FIRST MEETING of the COURTS, CORRECTIONS AND JUSTICE COMMITTEE June 21, 2017 State Capitol, Room 322 Santa Fe Wednesday, June 21 10:00 a.m. Call to Order and Introductions —Representative Gail Chasey, Co-Chair —Senator Richard C. Martinez, Co-Chair 10:15 a.m. (1) Criminal Justice Reform: National Overview —Alison Lawrence, Criminal Justice Program Director, National Conference of State Legislatures 11:15 a.m. (2) Review of 2017 Committee-Endorsed Legislation —Monica Ewing, Staff Attorney, Legislative Council Service (LCS) 11:30 a.m. (3) Work Plan and Meeting Schedule Discussion —Monica Ewing, Staff Attorney, LCS 12:15 p.m. Public Comment 12:30 p.m. Adjourn MINUTES of the FIRST MEETING of the COURTS, CORRECTIONS AND JUSTICE COMMITTEE June 21, 2017 State Capitol, Room 322 Santa Fe The first meeting of the Courts, Corrections and Justice Committee (CCJ) was called to order by Representative Gail Chasey, co-chair, on June 21, 2017 at 10:09 a.m. in Room 322 of the State Capitol in Santa Fe. Present Absent Rep. Gail Chasey, Co-Chair Sen. Jacob R. Candelaria Sen. Richard C. Martinez, Co-Chair Rep. Zachary J. Cook Rep. Eliseo Lee Alcon Rep. Jim Dines Sen. Gregory A. Baca Rep. Javier Martínez Sen. Linda M. Lopez Rep. William "Bill" R. Rehm Rep. Antonio Maestas Rep. Sarah Maestas Barnes Sen. Cisco McSorley Rep. Angelica Rubio Sen. Sander Rue Advisory Members Rep. Deborah A. Armstrong Sen. William F. Burt Sen. Bill B. O'Neill Rep. Brian Egolf Sen. John Pinto