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THURS: New Mexico crime package heads to the full Senate, + More

Reps. Christine Chandler (left) and Marianna Anaya present their criminal competency bill to the House Consumer & Public Affairs Committee on Jan. 28, 2025.
Leah Romero
/
Source NM
Reps. Christine Chandler (left) and Marianna Anaya present their criminal competency bill to the House Consumer & Public Affairs Committee on Jan. 28, 2025.

Crime package headed to New Mexico Senate - By Austin Fisher,

After three hours of debate, the Senate Judiciary Committee on Wednesday night voted 7-1 in favor of , a package of six bills intended to reduce crime.

The House of Representatives already passed the omnibus legislation, leaving the package one Senate vote away from reaching Gov. Michelle Lujan Grishams desk.

Committee members focused on , which would give prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are deemed dangerous and unable to stand trial.

Supporters at Wednesday nights committee included the , the Albuquerque Police Department, the Department of Public Safety, the , the and .

Jim Jackson, a former executive director of Disability Rights New Mexico, told the committee the organization supports most of the bills competency-related provisions, particularly the one establishing community-based competency restoration programs.

This will spare people the trauma of being sent to the forensic unit at the state hospital in Las Vegas, and provide this kind of service on the local level, Jackson said. We dont have that capacity yet, but if we can develop that, I think it will be really useful.

Criticism of HB 4 remains, however, in part because in New Mexico.

For instance, nearly all of the mental health professionals who evaluate people for their abilities to stand trial oppose HB4, according to Dr. Bronwyn Neeser, a forensic psychologist and former competency evaluator contract manager for the state Behavioral Health Services Division.

According to Neeser, out of the 12 competency evaluation contractors working in New Mexico, 10 of them oppose HB 4, accounting for 25 of the 27 evaluators doing this work. She said theyre concerned about not being able to obtain records needed to complete the evaluations; a lack of legal immunity for evaluators in their decision making; lack of additional compensation for the bigger workload; and the potential for competency evaluations to become unsealed.

Neeser said shes handed amendments about competency evaluators to Rep. Christine Chandler (D-Los Alamos) and the other HB 4 sponsors but as of Wednesday, none of those concerns have been addressed.

To me, this is a blatant disregard for the professionals who will be adding a tremendous burden to their already cumbersome evaluation process, she told the committee. If any legislator had bothered to reach out to the contract evaluators, they would have understood the number of evaluators with concerns.

Later in the hearing, Sen. Anthony Thornton (R-Sandia Park) asked Chandler if she has worked with the evaluators to see whether theyll be able to handle the increased workload. Chandler said she spoke with an unnamed University of New Mexico representative about the need for more forensic psychologists. She didnt mention any conversations with evaluators.

We are investing in expanding our behavioral health system. The Senate has been on that in coordination with the House, Chandler said. It is our expectation that the investments that were making on the behavioral health side will also be investments on needs of the courts and other evaluation systems, so if there is a gap and I wouldnt dispute there may be a gap the intent is to expand on services.

Thornton noted that Neeser, who was sitting in the audience, was shaking her head, and asked Neeser to comment on any concerns. Committee Chair Sen. Joseph Cervantes (D-Las Cruces) stopped him and said, We dont do that.

We dont go back to the audience, Cervantes said. I assure you that its a good practice not to do that, because youll be here for weeks.

Opponents also included the , on the grounds that it is not tough enough on crime, and the , because it focuses on new crimes, increased criminal punishment and forced hospitalization.

Reformed version of Paid Family and Medical Leave Act moves forward - Megan Gleason,  

A significantly reworked Paid Family and Medical Leave Act, with lower premiums and less paid time off for medical purposes, is on its way to the House floor after passing a committee on Wednesday where it died two years ago. If it passes the floor, House Bill 11 will likely wind up on the governors desk.

After a four-hour debate, the House Commerce and Economic Development Committee voted 6-5 to move the legislation along. Rep. Marian Matthews, D-Albuquerque, joined committee Republicans in voting against the bill.

Under the revised bill, businesses and employees would no longer be taxed to pay for parental leave; rather, the states Early Childhood Education and Care Department (ECECD) would front the cost. Employers with five or more workers and employees would still pay into a wellness fund for medical or sexual harassment safety leave, with employers paying a 0.15% premium $1.50 for every $1,000 earned and employees paying a 0.2% premium $2 for every $1,000 earned.

The committee substitute bill also reduces the amount of paid leave for bereavement, foster, medical, exigency or safety purposes to six weeks rather than nine weeks. Parents could still get up to 12 weeks of paid time off with a $3,000 monthly benefit per child from the separate ECECD fund.

The state would start assessing premiums on employees and employers in 2027, and workers could start taking paid leave in 2028.

Theres an old saying that you know its a compromise when everyones a little bit unhappy, said bill sponsor Rep. Linda Serrato, D-Santa Fe, speaking to the two main changes in the bill decreasing the amount of medical time off and lowering premium rates by 0.55%.

Thirteen other states and Washington, D.C., offer paid family and medical leave, but House Speaker Javier Mart穩nez, D-Albuquerque, noted in a news conference before the committee meeting that this approach would be unique to New Mexico.

Its a win-win, Mart穩nez said. Its a win for the families, its a win for the workers, its a win for the babies and its a win for the small business community.

The changes to HB11 didnt sway Republicans or business leaders who have stood in steady opposition to the Paid Family and Medical Leave Act, many of whom voiced concerns about having to fill workforce gaps.

Minority Floor Leader Gail Armstrong, R-Magdalena, still labeled the bill as burdensome and called it the largest health tax increase in New Mexicos history.

The more taxes that we implement and the more mandates that we put on employers and employees take away the ability for employers to help make those decisions as a group, with the people that they care about that are doing a fantastic job, she said.

Democrats have been working on the bills changes for the past couple of weeks, signaling a reason the legislation hasnt moved at all . It now has about a month to pass the House floor, then the Senate.

The bill has made it through the Senate side twice in past years, always dying on the House side. The legislation failed to pass the House chamber by two votes last year, and three Democrats who voted against the bill all lost their seats in the 2024 election cycle.

Matthews pointed out in her closing remarks that she won her election despite voting against the Paid Family and Medical Leave Act last year, when she also proposed her own narrower version of the bill that died.

The committee tabled an amendment she introduced largely aimed at exempting caregiving employers from having to pay the premium, .

I will remain a no vote on this until and unless we start to treat these people (well), she said after the vote.

Senate President Pro Tem Mimi Stewart, D-Albuquerque, earlier this week told the Journal the proposal, if it makes it to the Senate, could pass with unanimous Democratic support in the chamber.

But she also said she decided not to file a Senate bill on the subject this year, after passing the bill through the chamber the last two years.

I got tired of being the straw man, Stewart said.

Its now up to Mart穩nez when to schedule the bill to be heard on the House floor.

Keller vows to kill funding shift from the Rail Trail to Westside sports complex - By Elizabeth McCall, City Desk ABQ

Mayor Tim Keller said he would veto the City Councils decision to move funding from a high-profile, multi-use trail project to a planned sports complex project on the Westside after a group of Albuquerque residents pleaded with city councilors Wednesday night to reconsider.

The City Council approved the move during their Feb. 3 meeting. Councilors voted to transfer $500,000 from the ongoing Rail Trail project a that will connect the citys historic destinations to the planned Ken Sanchez Indoor Sports Complex.

I hope you continue to have an open mind and consider options to backtrack that decision, Albuquerque resident Andrew Keleher told city councilors Wednesday night. I attended, taught at and continue to coach youth sports at St. Pius, so I am very much in favor of the Westside youth sports complex. However, the way in which this funding was secured, I believe, sets a very troubling precedent of councilors looking to other projects, other districts, to secure funding.

Keller issued a statement after the meeting saying he would veto the bill in light of the public outcry.

We stand with the community who are urging the City Council to restore funding to the Rail Trail, a project thats already under construction and will be a transformative addition for the entire city, Keller said in a statement. Im ready to line-item veto this unfortunate decision and work with the City Council to reinstate the funding for the Rail Trail.

Deputy Director of Council Services Mark Motsko during Wednesdays meeting said the funding came from a gross receipts tax bond and that the council moved some interest within a GRT bond, so we bonded against our gross receipts tax income. He also confirmed that no state funding was moved within that clean-up bill.

We moved a half a million from the Rail Trail to Ken Sanchez Indoor Sports Complex, Motsko said. Then, because these are bonds and we do earn interest on those bonds, staff found that there was about $600,000 in interest that we were able to take another half million and put it into Ken Sanchez that way. Ken Sanchez Indoor Sports Complex is fully funded, and the Rail Trail, which is a multi-phased, multi-year project, is also funded for several phases.

Councilor Tammy Fiebelkorn was the only councilor to vote against the effort and said it is a dangerous precedent to start taking funds from fellow councilors projects, and she hopes to not see it again. Fiebelkorn asked Chief Administrative Officer Samantha Sengel if she agreed that the projects are fully funded.

Sengel said the Keller administration disagrees that the councils decision fully funds the Rail Trail project.

We had $1.5 million for the Rail Trail from the GRT tax interest specifically because we have that project underway and we are continuing to fund that project, Sengel said. Removing the $500,000 from that and moving it to the Westside sports complex does reduce the current available funds for the Rail Trail.

Councilor Dan Lewis said its normal to shift funding around and its how the council gets multiple projects done.

We do this all the time, Lewis said. Mr. Motsko just explained exactly how both of these projects are fully funded. So whether the administration agrees with that or not, it doesnt change the fact that its fully funded匈 wouldnt have voted on that if I didnt know that these projects would be fully funded as well. I think its a great example of councilors working together to get projects done for the people of the city.

Former councilor Ken Sanchez, who died in 2020 while still in office, initially presented the idea of the sports complex and Councilor Louie Sanchez continued the plan after he was elected.

I support the rail trail 100% and I know everybody else does as well, but were looking at a $100 million project over many, many, many years, Louie Sanchez said. Its less than 0.5%, so less than half a percentage point is going to actually get another facility built and running.

The sports complex is planned to go between Coors Boulevard and Atrisco Drive NW, south of St. Joesphs Drive NW and is expected to include basketball and volleyball courts to host tournaments and other events.

 

 

 

Child welfare reform experts oppose NM lawmakers CYFD plan - Austin Fisher,

Two of the people who oversee reforms to New Mexicos foster care system say lawmakers plans to create an independent agency and remove oversight from the executive branch would only make things worse.

would move the Children, Youth and Families Department out of the governors direct responsibility and place governance of the agency in the hands of an appointed five-member commission.

On Tuesday, two state child welfare reform experts expressed their opposition to HJR 5 in a letter to New Mexico Children, Youth and Families Department Cabinet Secretary Teresa Casados and Tara Ford, the attorney for the plaintiffs in the against New Mexicos child welfare system known as Kevin S.

The letters authors, Judith Meltzer and Kevin Ryan, are the two co-neutrals appointed by a federal court to oversee New Mexicos progress in the landmark settlement agreement resulting from the lawsuit.

The co-neutrals genuinely are the most skilled and experienced experts in the nation, said Mike Hart, the attorney who initially took the state government to court over its failed foster care system, during a Senate Judiciary Committee last month.

They turned around New Jersey, they turned around Oklahoma, they turned around Tennessee, Hart told the committee. These folks know what theyre doing.

Meltzer and Ryan wrote that while they generally dont comment on legislative matters we believe it is important that we share our views on this proposed change, based on both of our experiences in multiple states involved in child welfare reform.

While we understand fully the need for effective leadership and accountability to improve the performance of CYFD on behalf of New Mexicos children and families, we feel strongly that this change will not help and may, in fact, make improvement efforts even more difficult, the co-neutrals wrote.

Rep. Eleanor Ch獺vez and House Speaker Javier Mart穩nez, both Albuquerque Democrats, are sponsoring HJR 5.

In a written statement on Wednesday, Ch獺vez referred to Meltzer and Ryan as out-of-state co-neutrals and said she was not previously aware of their concerns.

New Mexicans know that the problems at CYFD are longstanding and pre-date the Kevin S. settlement, she said. Since the settlement agreement, CYFD has failed to make any progress and New Mexicos children continue to pay the price. There should be absolutely no doubt that we have to make significant changes.

HJR 5 is one of several solutions lawmakers and experts have worked on for months to better protect children, she said.

We trust the voters of New Mexico to evaluate the merits of this proposal and believe they deserve a say in improving the outcomes for our states children, Ch獺vez said.

Mart穩nez had not responded to Sources request for comment as of press time.

The states Risk Management Division, with child welfare cases playing a heavy role. In 2024, CYFD settled for $18 million across 12 settlements, according to a Source NM review of the settlement data available on the . The settlements ended lawsuits alleging the departments responsibility for the or severe injuries of children in state custody, from years ago.

In a written statement on Wednesday, Gov. Michelle Lujan Grisham said she is grateful that the co-neutrals took the extraordinary step of sharing their concerns about the legislation.

These neutral monitors, who oversee child welfare reforms across multiple states, rarely comment on legislation, she said. Their intervention highlights the serious risks this proposal poses to our reform efforts. The letter also points to successful transformations in New Jersey, DC, and Oklahoma all achieved through direct executive accountability. I thank them for sharing their expertise and weighing in on this legislation.

Meltzer and Ryan said in other states where theyve both worked, part of what led to better outcomes was creating child welfare departments as cabinet-level agencies reporting directly to governors.

In states where we have witnessed reform take root, the Governors direct oversight and support played a significant role in prioritizing child welfare reform within government, eliminating barriers and advancing accountability, they wrote.

The House Government, Elections and Indian Affairs Committee voted 4-3 in favor of HJR 5 on Feb. 10. The House Health and Human Services Committee is scheduled to hear the joint resolution Friday.

Proposed alcohol tax passes first committee - By

Lawmakers on Wednesday introduced a proposal to raise New Mexicos tax on alcohol for the first time in 30 years and re-direct revenue toward treatment and programs.

The House Health and Human Services Committee voted 6-4 to advance , Liquor Tax Changes and Programs. It now heads to the House Taxation and Revenue Committee.

The bill specifically creates a new 6% sales tax also called a surtax on alcohol sold in retail establishments, and eliminates distribution of revenue from the existing alcohol excise tax to the general fund, which currently receives a portion of that money.

Instead, the bill creates a new Local Alcohol Harms Alleviation Fund to allocate funding to counties and target the communities most in need by prioritizing counties with the highest death rates from alcohol use, a news release on Wednesday said. Counties that receive the funding could use these funds for grants to raise awareness of the harms and risks associated with substance misuse, promote prevention, get people into treatment, and address issues like impaired driving.

HB417 also creates a new Tribal Alcohol Harms Alleviation Fund and Program to provide grants to the states tribes, nations and pueblos, as well as entities that serve Native Americans.

Lawmakers say the bill arrives after months of discussion. The proposal also follows several years of failed efforts to raise the tax on alcohol, and increasing scrutiny of New Mexicos

Representatives Micaela Lara Cadena (D-Mesilla), Joanne Ferrary (D-Las Cruces) and Cristina Paraj籀n (D-Abuquerque) and Senators Shannon Pinto (D-Tohatchi) and Antionette Sedillo-Lopez (D-Albuquerque) co-sponsored the bill.

Far too many of us have lost a loved one to alcohol, Ferrary said in a statement. With this bill, we are taking an important step that is many years in the making to help improve access to treatment, reduce excessive drinking, and hopefully begin saving lives.

A of the bill estimated that the proposed surtax imposition will generate $45.7 million in FY26, and that HB417 would reduce recurring general fund revenue by $24.7 million by redirecting revenue to the alcohol prevention and treatment programs.

New Mexico again considers ban on immigrant detention - By Austin Fisher,

A proposal to ban state and local governments in New Mexico from collaborating with the federal government to do immigrant detention passed its first committee on Tuesday afternoon.

The House Consumer and Public Affairs Committee on Tuesday afternoon voted 4-2 to pass , known as the Immigrant Safety Act.

The legislation would prohibit state agencies and local governments from entering into agreements used to detain people for violations of civil immigration law, and would require any existing agreements to end as soon as possible. It doesnt affect enforcement of criminal law.

U.S. Immigration and Customs Enforcement (ICE) is holding approximately 1,500 people inside the three in New Mexico, said Sophia Genovese, asylum and detention managing attorney with the and an expert on the bill.

We have the power to hold the line in New Mexico and not let the Trump administration and ICE use our state as a laboratory for cruelty, said Jessica Inez Martinez, director of policy and coalition building for the New Mexico Immigrant Law Center, and another expert on the bill.

The proposal comes as with the federal governments deportation plans.

Reps. Eleanor Ch獺vez (D-Albuquerque), Angelica Rubio (D-Las Cruces), Andrea Romero (D-Santa Fe) and Christine Chandler (D-Los Alamos) are sponsoring HB 9.

Ch獺vez told the committee on Tuesday she is concerned that the federal government is using New Mexico counties as pass-throughs and shields in a scheme to detain immigrants.

She said rather than directly hiring the private prison corporations, ICE enters into contracts with New Mexico counties, who turn around and subcontract with the companies to run the detention centers under documents called Intergovernmental Service Agreements.

ICE does this in order to avoid the Competition in Contracting Act, Ch獺vez said, which requires the federal government to competitively select contractors.

Agreements with local public entities like New Mexicos counties create a loophole through the competition and transparency that is otherwise required in federal contracts, she said.

Democratic senators have twice joined Republicans to reject similar legislation and the , in starkly different political climates.

HB 9 would also prevent any local government from passing an ordinance that would contradict the law.

It would give the New Mexico Attorney General and local district attorneys the authority to enforce the law through a civil lawsuit.

Federal oversight officials in 2022 told ICE to move everyone out of the Torrance County detention center in Estancia after finding conditions inside to be unsafe and unsanitary. ICE responded less than a month later by people into the detention center.

That August, a Brazilian asylum seeker named Kesley Vial while being held in Torrance.

If not for systemic failures in medical and mental health care, almost all of the people who died in immigration detention in the U.S. between 2017 and 2021 could still be alive today, according to a released last summer. 

City goes all in on Route 66 at 100 - By Damon Scott,

The Mother Road is poised to get a mother lode of attention and money leading up to its 100th birthday in 2026. City officials and an array of partners met this week to tout plans for the centennial celebration of one of Albuquerques (and the countrys) most famous roads Route 66.

Plans have been brewing for at least two years primarily led by the citys Arts & Culture Department and involve a collection of ideas to pay tribute to the citys 18-mile stretch, officially known as Central Avenue. During an event at the , Mayor Tim Keller used a crossroads analogy to illustrate the roads historic and cultural significance.

Fundamentally, Albuquerque is a city at a crossroads thats why were here as a community and that story actually goes back to time immemorial, he said. Of course, as you fast forward, eventually, around 1926, someone decided to pave that

crossroads, and its the very same road that became Route 66. Its the beginning of modern Albuquerque.

Keller described Route 66s path through the Rio Grande River, the Southwestern plains and near the Sandia Mountains, including its role as a critical trade route for Indigenous communities. He said it became a representation of the citys blend of Native American and Hispanic cultures.

Route 66 was also sort of the ultimate symbol of the Anglo colonization that happened, Keller said. But all of that created the city that we know and love today, a city at a crossroads that is the home of the Mother Road.

Keller said he wants to leverage the centennial lead up to keep momentum on efforts to clean up crime-ridden and trash-strewn stretches of Central Avenue. He said the city would continue to target substandard and dangerous hotels that are symbols of decay and crime and clean up streets with dedicated street sweeper vehicles. Keller said hes counting on state lawmakers to help fund some of the costs.

Were going to try and do as much as we can through the heart of our city. Its an extra challenge, he said.

100 CANDLES DOESNT COME CHEAP

While it all takes considerable funds to pull off, officials hope the resources and investments will draw scores of tourists to the city to give small businesses an economic boost. The Route 66 Summerfest scheduled for July 19 will be the first official centennial event.

Plans include hundreds of thousands of dollars for both new and refurbished neon signs, street banners, new art installations and many events including a lowrider parade. Arts & Culture is also developing a series of large-scale mural and interactive art installations in partnership with . Visit Albuquerque, the citys marketing arm, created a $34,000 for the occasion.

Officials said the city has secured about $1 million in grant funding from the New Mexico Tourism Department, National Park Service and the National Endowment for the Arts for different aspects of the celebration. Other city departments are expected to pitch in on infrastructure improvements and new lighting.

One of the biggest ongoing expenses, however, is the $14 million and counting West Central Route 66 Visitor Center, which is still not open to the public even though it was completed years ago. The 21,000-square-foot, two-story facility with sweeping views of the city and the Sandia Mountains is considered by officials to be essential for centennial events, also serving as the site of immersive Route 66 art installations and augmented reality experiences.

well before the city took it over about nine months ago (and dropped West Central from the name). Once it landed under the purview of Arts & Culture, at least $400,000 in upgrades to the still not ready for prime-time facility began including the installation of a security system, elevator repairs, water leak remediation and fire alarm and fire suppression system inspections that were two-years overdue.

Arts & Culture officials have said the center could open as early as May. Once up and operating, they hope some costs can be recouped over time by hosting public and private events, such as weddings and concerts, at the site. The venue features a high-end commercial kitchen, tap room and ballroom space. The exterior layout includes an outdoor amphitheater and ample parking with space for food trucks.

Public input sought for Mountain View plan - By Rodd Cayton,

Bernalillo County is seeking the publics input as it moves toward creating a sector development plan for the South Valleys Mountain View community.

The county will host a kick-off meeting Thursday at Mountain View Elementary School, 5317 2nd Street SW.

Officials will present an overview of the plan, which county staff say will address critical issues such as land use, public facilities, transportation, housing, economic development and environmental concerns.

We are committed to hearing what the community has to say, and we value their input on the future of the Mountain View neighborhood, District 2 County Commissioner Frank Baca said. This plan will guide the communitys growth and ensure that residents priorities are reflected in future development, which makes their input of paramount importance.

Residents of the neighborhood have long complained of unfair development policies that have overburdened them with pollution and its resultant health hazards. The Environmental Protection Agency announced last month it is based on those practices.

The meeting will begin with a brief presentation, followed by small-group discussions on planning issues relevant to the community. It is scheduled from 5:30 to 7 p.m.

Dinner will be provided, as will childrens activities.

The planning process began last fall and will continue with more public meetings and activities. County officials expect to present draft recommendations this summer, then solicit more feedback. A final plan is expected to be adopted in spring 2026.
Anyone seeking more information or wishing to stay updated on the Mountain View Sector Development Plan may click .