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A MEMORIAL
REQUESTING THE LEGISLATIVE FINANCE COMMITTEE TO CONVENE A
TASK FORCE TO DEVELOP A TEN-YEAR PLAN AND FUNDING STRATEGY TO
ADDRESS MODERNIZATION AND SYSTEMIC PROBLEMS IN THE NEW MEXICO
CRIMINAL JUSTICE SYSTEM THAT INTERFERE WITH SYSTEM
PERFORMANCE, PUBLIC SAFETY AND EQUAL JUSTICE UNDER THE LAW.
WHEREAS, Policy Spotlight: Felony Arrests and Outcomes,
a report by the legislative finance committee, examines
levels of serious crime in New Mexico in comparison to other
states; and
WHEREAS, Policy Spotlight: Felony Arrests and Outcomes
documents major impediments in the processing of individuals
arrested for crimes across law enforcement, district attorney
offices, the courts and corrections and reveals high rates of
case dismissals both prior to and at adjudication, resulting
in repeat offenses that often escalate in violence over time;
and
WHEREAS, Policy Spotlight: Felony Arrests and Outcomes
describes a lack of consistent reporting of crime, case
dismissals and case dispositions across the criminal justice
system, despite such reporting being required by law and
necessary for the legislature, the executive and the courts
to clearly identify justice system performance problems; and
WHEREAS, the New Mexico Law Enforcement Academy Job Task
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and Curriculum Analysis final report published by the
international association of directors of law enforcement
external assessment under contract to the department of
public safety concluded that initial law enforcement
certification training is outdated and misaligned with
national standards, contributing to an undertrained public
safety workforce that is not consistently prepared to provide
scientifically valid evidence or respond effectively to
evolving criminal activity, and continuing education and
advanced and specialized training were found to be similarly
outdated; and
WHEREAS, training and education functions for criminal
justice system positions, currently located within operating
agencies, are understaffed and underfunded and should be
transferred to institutions of higher education to allow for
updated and enforceable standards; and
WHEREAS, program evaluation reports conducted by the
legislative finance committee have been shared with
legislative interim committees, and the testimony of experts
indicates consistently high vacancy and turnover rates in
critical positions within the criminal justice system
statewide, exacerbating inadequate responses to community
needs, delays in case processing and adjudication and
challenges in safely managing corrections and community
reentry functions; and
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WHEREAS, local agencies with significant vacancy and
turnover rates lack both the resources and expertise to
evaluate alternative staffing strategies and deploy effective
recruiting strategies; and
WHEREAS, justice system positions are largely shaped by
diverse local practices and, with limited local exceptions,
have not adapted to twenty-first-century challenges, failing
to provide clear career pathways to retain existing personnel
or attract talented youth and mid-career professionals and
contributing to the loss of experienced New Mexico
professionals to other states; and
WHEREAS, the lack of oversight for law enforcement,
prosecution, adjudication and corrections undermines public
confidence in the criminal justice system; and
WHEREAS, presentations by the New Mexico association of
counties, the New Mexico municipal league and other
stakeholders report high rates of litigation and settlement
costs for alleged civil rights violations across the criminal
justice system, posing a threat to the financial viability of
local governments;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES OF THE STATE OF NEW MEXICO that the
legislative finance committee be requested to convene a task
force to develop a ten-year plan and funding strategy to
address and modernize systemic problems in the New Mexico
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criminal justice system that interfere with system
performance, public safety and equal justice under the law;
and
BE IT FURTHER RESOLVED that the legislative finance
committee be requested to develop and lead a task force to
develop recommendations for the legislature to:
A. establish a planning and oversight strategy to
elaborate and monitor implementation of the plan;
B. create a funding strategy to support the plan;
and
C. identify critical first legislative actions
responsive to key critical issues; and
BE IT FURTHER RESOLVED that the task force consist of
representation from stakeholders within the criminal justice
system and interested citizens that represent the geographic
and cultural diversity of the state, including justice system
prevention program leaders, 911 agency leaders, law
enforcement agency leadership, tribal and pueblo law
enforcement, the New Mexico state police division of the
department of public safety, prosecutors, diversion program
leaders, public defender and defense bar leadership, juvenile
probation and parole leaders, juvenile detention center
leaders, magistrate and district court judges, specialty
court and children's court judges, correctional officer
leadership, probation officer leadership, representation of
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sentencing commission, interested citizens at large and
legislators; and
BE IT FURTHER RESOLVED that the membership not exceed
thirty members and that applicants be selected by four
legislators, one from each party within the house of
representatives and senate to be appointed by the speaker of
the house and the president pro tempore of the senate in
consultation with the legislative finance committee staff
assigned to administer the task force; and
BE IT FURTHER RESOLVED that the legislative finance
committee leadership for the task force be requested to
provide opportunities to present information and
recommendations to the task force by the administrative
office of the courts, the administrative office of the
district attorneys, the corrections department, the
department of public safety, the children, youth and families
department, the state department of justice, the higher
education department, the regulation and licensing
department, the New Mexico association of counties and the
New Mexico municipal league; and
BE IT FURTHER RESOLVED that the task force elect a chair
and co-chair to facilitate task force decision making on
recommendations and that legislative finance committee staff
develop agendas and prepare materials for task force
deliberations with input from members, as well as
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consultation with experts; and
BE IT FURTHER RESOLVED that recommendations be made
regarding establishing a fund to be invested such that income
generated will support the goals established by the task
force; and
BE IT FURTHER RESOLVED that the task force's goals
include:
A. establishing a planning and oversight body to
integrate local planning into a state-level modernization
plan for the justice system and monitor implementation for at
least ten years;
B. establishing a process for modernizing justice
system position descriptions, educational requirements and
staffing adequacy;
C. ensuring ongoing updating of all educational
curriculum and training methods to national standards and
best practices;
D. establishing a planning function at the
judicial district level to adapt and link state programs to
meet local needs and link that planning system to the system
established in 2025 for behavioral health services as
administered by the administrative office of the courts;
E. identifying work groups and a process to define
standardized data elements needed to evaluate system
performance at system institutions and for the system as a
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whole;
F. establishing a process to plan for career paths
for justice system professionals, with linkage to the state
college system; and
G. recommending legislation for the 2027
legislative session to address the most immediate needs
related to these goals; and
BE IT FURTHER RESOLVED that the task force be requested
to submit a report on its findings and recommendations to the
interim committee that studies courts, corrections and
justice issues by November 26, 2026 and by January 5, 2027 to
the governor and the legislature for consideration during the
first session of the fifty-eighth legislature; and
BE IT FURTHER RESOLVED that copies of this memorial be
transmitted to the staff of the legislative finance committee,
the office of the governor, the attorney general, the
administrative office of the courts, the administrative office
of the district attorneys and the chief public defender.