Albuquerque Journal

Tougher sentences, death penalty urged

Gov. also wants to make it easier to keep suspects in jail awaiting trial

- BY DAN MCKAY

Republican Gov. Susana Martinez will push again this year to reinstate the death penalty and toughen criminal sentences for numerous offenses, setting up another clash with the Democratic majorities in the Legislatur­e.

But there’s a hint of bipartisan support for at least one of her anti-crime priorities — making it easier to keep suspects in jail after they’ve been arrested but not yet convicted of a crime.

House Republican Leader Nate Gentry and

Democratic Sen. Daniel Ivey-Soto, both of Albuquerqu­e, say they plan to introduce legislatio­n directing judges to keep suspects in custody when there’s probable cause to believe the person committed a felony while out on court-ordered supervisio­n for an earlier felony, among other requiremen­ts. Defendants would have an opportunit­y to rebut the presumptio­n that they’re dangerous and should stay in jail.

The proposal would be part of a three-bill package that also would:

Enroll inmates in Medicaid so they can get care for mental illness, addiction or other health problems. Any inmate in jail for at least 100 days would have to be screened for mental illness or any substance abuse problem. Those found to need care would be referred for case management and behavioral health services.

Make state matching funds available to cities and counties so they could offer $15,000 retention bonuses to police officers and sheriff’s deputies with 20 years of experience. The state would cover half the cost as an incentive to keep seasoned officers on the job.

“These bills offer practical solutions to reduce New Mexico’s escalating crime rates,” Ivey-Soto said in a written statement.

Democrats in the Legislatur­e have repeatedly rejected Martinez-backed proposals to reinstate the death penalty — after conviction for killing a child or a police or correction­s officer — and other proposals to enhance criminal sentences. They argue the proposals aren’t an effective way to deter crime.

But Senate Majority Leader Peter Wirth, D-Santa Fe, has said he expects bipartisan support this year for a “balanced” approach to crime that keeps dangerous people off the streets but gets suspects who aren’t dangerous either out of the system or into the treatment they need. He has also suggested a legislativ­e solution may not be necessary on pretrial detention if the judiciary takes action on its own to update court rules.

House Speaker Brian Egolf, D-Santa Fe, said focusing solely on penalty enhancemen­ts is an incomplete approach to the state’s crime problem.

“Every other state that’s looking at this is going in the other direction,” he said, referring to bills that reduce penalties for nonviolent offenses and place a greater emphasis on treatment and interventi­on programs.

“People don’t just want more laws on the books — they want more police officers on the streets,” Egolf added.

But Martinez said Monday that she thinks lawmakers will take a closer look at her crime proposals this year as they respond to pressure from constituen­ts over the state’s escalating crime rate.

New Mexico had the nation’s highest property crime rate and the second-highest violent crime rate in 2016, the last year for which FBI data are available.

Repeat offenders “are making a mockery of the criminal justice system,” Martinez told an Albuquerqu­e news conference.

Making it easier to keep dangerous people in jail once they’ve been arrested, she said, is one of her priorities.

To that end, the Gentry and Ivey-Soto proposal would create a presumptio­n that a suspect is dangerous — and that no condition of release would keep the public safe — under certain circumstan­ces, such as when offenders commit a new felony when they’re already out on bail for an earlier felony. At least one of the charges would have to involve violence or the potential for violence, such as the use of a weapon or infliction of bodily harm.

Gentry said the three-bill package represents “a few common-sense ideas that will keep New Mexico’s most dangerous criminals off our streets, connect inmates with needed drug and mental health treatment and offer incentives for experience­d law enforcemen­t officers to stay on the beat.”

A 30-day session of the Legislatur­e begins next Tuesday. It is largely dedicated to budget matters, but Martinez has authority to add other topics to the agenda.

Martinez, a former prosecutor, is entering her eighth year as governor and cannot run for re-election due to state term limits. Next week’s session is the last regular session of her tenure.

 ?? GREG SORBER/JOURNAL ?? Gov. Susana Martinez talks about her anti-crime proposals at an Albuquerqu­e news conference Monday. Behind her are State Police Chief Pete Kassetas, left, and Department of Public Safety Secretary Scott Weaver.
GREG SORBER/JOURNAL Gov. Susana Martinez talks about her anti-crime proposals at an Albuquerqu­e news conference Monday. Behind her are State Police Chief Pete Kassetas, left, and Department of Public Safety Secretary Scott Weaver.

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