Second-chance law brings critics, support

Apr. 1—The net effect of Gov. Michelle Lujan Grisham signing Senate Bill 64 into law March 17 is the stroke of her pen abolished juvenile life sentences without any opportunity for parole.

Depending on the severity of the crime the juvenile committed, a parole hearing would be allowed anywhere from 15 to 25 years after sentencing, instead of up to 40 years.

Denali Wilson, staff attorney with the Las Cruces office of the American Civil Liberties Union is pleased with the so-called second-chance law.

"It's been really wonderful to witness our state take this very important moral step that other states have," Wilson said.

Wilson said New Mexico is the 27th state to end life without parole "as a sentencing option for children."

"Justice is not a zero sum game," Wilson said. "To extend compassion to people who have caused harm doesn't diminish our compassion for people who've experienced it."

Wilson knows the new law is a sensitive topic in eastern New Mexico because of the deadly shooting at the Clovis-Carver Public Library on Aug. 28, 2017. Two people were killed and several wounded in the incident perpetrated by Nathaniel Jouett, then 16.

Andrea Reeb, former 9th Judicial District Attorney now area legislative representative, does not like the new law.

"I think the amount of years where someone is eligible for parole is too low, less than other states," Reeb told The News on Thursday. "Similar laws are in place in 25 to 28 states. In Texas it's 40 years before consideration of parole. New Mexico ends up at the low end of how much time you need to serve before you're eligible for parole."

Reeb particularly doesn't like how the crime of felony murder is in the low category.

"Commit felony murder as a juvenile and you can go before the parole board in 15 years," Reeb said. "Premeditated murder, depraved mind murder it's 20 years, 25 years if more than one person is killed."

"I don't think that's just," Reeb said.

Reeb said there's nobody serving life without parole, sentenced when they were a juvenile, in New Mexico.

"This law actually takes away judicial discretion," Reeb said. "The judge is in the best position to understand the case, not a parole board. I don't trust a parole board to make a correct decision in every case."

Tate Turnbough, office administrator, part-time farmer and chair of the Democratic Party of Roosevelt County, believes the matter of juveniles sentenced in serious crimes should be handled on a case-by-case basis.

"Just because a juvenile offender comes up for parole doesn't mean that person will be granted parole," Turnbough said.

Turnbough said someone "making a really, really stupid mistake when they're 10-years-old" shouldn't equal them to someone who made the same mistake when they were 50.

"I would just think children always need a second chance even if it's serious circumstances," Turnbough said. "Those second chances are considered by the courts that are run by the people."