Burden Before Trial
Santa Fe’s district attorney weighs the pros and cons of New Mexico’s pretrial detention rules as a governor-backed reform effort stalls in the Legislature BY J E F F P RO CTO R j e f f p r o c t o r @ s f r e p o r t e r. c o m
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FEBRUARY 2-8, 2022
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SFREPORTER.COM
ew Mexico’s pretrial detention system has taken center stage as this year’s 30-day legislative session hits its halfway point and politicians, including Democratic Gov. Michelle Lujan Grisham, gear up for election season. The debate over who should be held in jail before a judge or jury decides their guilt or innocence comes as the state struggles with violent crime rates higher than the national average. Albuquerque drives much of the brutality—the state’s largest city recorded 117 murders last year, eclipsing the previous grim record of 82, set in 2020. But other cities have seen far too many victims in recent years as well. That includes Santa Fe, where prosecutors say they’re tracking a 43% increase from 2019 to 2021 in a class of crimes that includes homicide, armed robbery and aggravated battery. There’s broad agreement among advocates, policymakers and frontline criminal justice system workers that government can and must do more to bolster public safety. Many have even agreed on some proposed fixes: increasing penalties for certain gun crimes, ending the statute of limitations for second-degree murder and spending $100 million to hire more cops. That’s where the consensus ends. Lujan Grisham’s signature public safety legislation, House Bill 5, has drawn support from police, some prosecutors and Republicans—and derision from public defenders, data analysts and members of her own party. Rep. Marian Matthews, an Albuquerque Democrat, and others are carrying the bill for the governor. During its first legislative hearing in the House Government, Elections and Indian Affairs Committee on Jan. 24, Rep. Daymon Ely, D-Corrales, borrowed a phrase from his daughter to call the bill a “hot mess,” then vowed to pick it apart in the House Judiciary Committee. Opponents say the bill aims to fix an Albuquerque problem with a statewide law that wouldn’t reduce violent crime and is likely unconstitutional, besides. Civil rights lawyers have promised litigation if the proposal becomes law. Government, Elections and Indian Affairs passed the bill on a 7-2 vote. It’s headed to House Judiciary next, and its path forward appears fraught.
