Veto of Senate Bills 84 and 187 a blow to New Mexicans
This past legislative session, the Legislature robustly approved Senate Bill 84 and Senate Bill 187, two effective and fiscally responsible criminal reform policies that are the fruit of a decade of legislative inquiry and debate. The Governor vetoed both. That they will not become law is everyone’s loss. Here’s why:
SB 187 would have removed felony drug possession for personal use from the habitual offender sentencing statute, which adds mandatory prison time to a sentence based on prior cases. If enacted, someone convicted for possessing small amounts of drugs would have still faced up to 18 months in prison, but not enhancements of up to eight additional years. Unlike the 18-month sentence, which the court can suspend for probation instead, courts must impose the enhancements as prison time in almost every case.
The habitual offender statute punishes repeat felons more harshly because they didn’t “learn their lesson.” In possession cases, though, the punishment far outweighs any benefit to public safety. Meanwhile, drug offenses are one of the top three reasons people are in our state prisons, largely because of the mandatory enhancements. The current law is bad policy.
In her veto message, the Governor suggests that the threat of mandatory prison time is a useful tool for prosecutors to force people into treatment. But that is nothow criminal law or substance use treatment should work. Treating addiction as a health issue is a more successful model for community health and safety. Studies show that punitive criminal responses are not effective tools to deter drug use or mitigate the harm it can cause.
In a similar vein, SB 84 sought to address non-criminal violations of probation and parole, like testing positive for drugs or alcohol, or missing appointments with a supervising officer. SB 84 would have limited the incarceration sanctions for first, second, and third “technical violations” of probation and parole, without changing the sanctions for serious violations, like committing a new crime or behavior that threatens others. Some New Mexico districts already employ this practice. The bill would have expanded the program statewide.
Complying with supervised release is extremely challenging, especially after spending time in prison and for people struggling with addiction. Punishing every stumble with incarceration is ineffective and wasteful. Studies have found that community-based sanctions for violating conditions of release are as effective, or more effective, than incarceration. Meanwhile, lengthy prison terms actually increase recidivism rates. SB 84 balanced rehabilitation with public safety and accountability.
While the Governor’s SB 84 veto message touts her administration’s recent progress in supervision strategies, those modest advances are not enough and nothing prevents the next administration from undoing that progress. Moreover, a model of “treatment not incarceration” requires both providing treatment and reducing incarceration. SB 84 and SB 187 would have saved millions of prison dollars that could be reinvested in restoring our communities. These vetoes are a blow to New Mexicans begging for a better path forward. We must do better.
This op-ed was co-authored by Bennett Baur, Chief Public Defender, Kim Chavez Cook, Appellate Defender, and Emily Kaltenbach, Senior Director of Criminal Legal and Policing Reform at the Drug Policy Alliance.
This article originally appeared on Las Cruces Sun-News: Veto of Senate Bills 84 and 187 a blow to New Mexicans
