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If it is signed into law, the proposed bill would prevent NM residents from serving lifelong sentences for serious crimes they committed while underage.

About The Bill

Legislators in New Mexico reviewed Senate Bill 64 (SB64) which is titled: An Act Relating To Juvenile Justice Reform; Prohibiting The Imposition Of A Sentence Of Life Without Parole On A Child; Providing Parole Procedures.

SB64 says that when an alleged serious youthful offender is found guilty, they should not be sentenced to life imprisonment without the possibility of release or parole. It notes that with some exceptions, an inmate of an institution who was sentenced to life imprisonment becomes eligible for a parole hearing after the inmate has served thirty years of the sentence. Before approving parole, the Board will be expected to:

• Interview the inmate at the institution where the inmate is committed;
• Consider all pertinent information concerning the inmate, including:
• The circumstances of the offense;
• Mitigating and aggravating circumstances;
• Whether a deadly weapon was used in the commission of the offense;
• Whether the inmate is a habitual offender;
• The reports filed under Section 31-21-9 NMSA 1978; and
• The reports of such physical and mental examinations as have been made while in an institution;
• Make a finding that a parole is in the best interest of society and the inmate; and
• Make a finding that the inmate is able and willing to fulfill the obligations of a law-abiding citizen.

The bill also stated that if parole is denied, the inmate may have additional hearings every two years. Learn more.

Status Of The Proposed Law

Members of the New Mexico House of Representatives reviewed the bill and moved it forward. Some believe that getting it signed into law will help their state become aligned with second chance practices that are becoming more common throughout the country. This was a bipartisan effort with an overall goal of allowing people to transform their lives after being incarcerated for crimes they committed as children.

SB64 was sent to the desk of Governor Michelle Lujan Grisham. A spokesperson noted that it is being seriously considered, but also that it is: “Critical that the right balance is struck between the rights of victims and their families and the chance for youthful violent offenders to be rehabilitated. To that end, we continue to have conversations with victims and their advocates as well as criminal justice advocates, which have been ongoing since last year.”

What Employers Should Know

Employers in New Mexico should be aware of SB64 and know that if it becomes law, then some residents will be empowered to avoid lifelong prison sentences and rejoin society. They should know that Second Chance laws are created to help former inmates find employment and avoid recidivism. In return, they can also create opportunities for businesses to have larger applicant pools.

Second Chance laws typically encourage organizations to run comprehensive background checks and use the data they find to help them make informed decisions and maintain safe workplaces. We recommend consulting with legal counsel to ensure your hiring and screening policies are compliant with laws that are in effect wherever you operate.

Running Background Checks

If your organization needs background checks for employment purposes, please contact us. Our highly trained team can help you customize screening packages that are well suited for your specific needs, industry requirements and applicable laws. We are available to assist you Monday through Friday from 5am to 6pm PT.