New Mexico Participating in Data-Driven Review of State Criminal Justice System

SANTA FE — New Mexico's newly established Justice Reinvestment Working Group

met today to work on a data-driven approach to analyze and address challenges in the state's criminal justice system. Those challenges include increased rates of property and violent crime, the lack of behavioral health treatment options in local communities and the recent growth in the prison population.

New Mexico is participating in the Justice Reinvestment Initiative, a federally funded approach aimed at helping states get maximum value out of their corrections spending and reinvest uncovered savings in initiatives that can reduce recidivism and increase public safety. The Council of State Governments (CSG) Justice Center, a national nonprofit organization that provides nonpartisan advice and evidence-based strategies to increase public safety and strengthen communities, is assisting New Mexico in this effort with funding from the U.S. Department of Justice's Bureau of Justice Assistance (BJA) and The Pew Charitable Trusts (Pew).

"Through justice reinvestment, we will take an in-depth look at our criminal justice data in order to better understand trends in crime, recidivism, behavioral health and corrections spending", said Senator Sander Rue (R-Bernalillo) co-chair of the legislature's interim Criminal Justice Reform Subcommittee. "This approach will help us identify tailored solutions that address New Mexico's distinct challenges and maximize the impact of every dollar we spend."

During the meeting, the CSG Justice Center presented initial analyses of the state's criminal justice system. New Mexico had the highest property crime rate in the United States in 2017 and is one of only four states that did not see a decrease in the property crime rate between 2007 and 2017. In 2017, New Mexico's violent crime rate was the highest in the country and was at a 10-year high for the state.

New Mexico has also battled significant issues related to drug overdose deaths. In 2006, the state had the highest rate of overdose deaths in the country, with 22 overdose deaths per 100,000 residents.  By 2016, this rate had risen to 25 overdose deaths per 100,000 residents.

However, 11 states had higher rates of overdose deaths than New Mexico. The federal Bureau of Justice Statistics has found that 58 percent of individuals in state prisons and 63 percent of individuals sentenced to jail nationally meet the criteria for drug dependence or abuse, and multiple studies have indicated that individuals who have opioid addictions and who are released from prison or jail face a significantly higher risk of overdose and overdose-related death.

"The proportion of people in the criminal justice system who suffer from mental illness or substance addiction is much higher than it is in the general public", said Senator Richard C. Martinez (D-Los Alamos, Rio Arriba, Sandoval and Santa Fe), chair of the Senate Judiciary Committee and co-chair of the legislature's interim Courts, Corrections and Justice Committee. "By improving how New Mexico's behavioral health and public safety systems work together, we can make a real difference in the lives of many people who are struggling, better addressing their needs and helping them avoid ongoing contact with the criminal justice system."

The analyses also revealed that New Mexico is managing a growing prison population. Between fiscal year 2008 and fiscal year 2018, New Mexico's prison population increased 11 percent, and it is projected to increase by an additional 16 percent over the next decade. With a state-operated prison capacity of 4,059 and a prison population of 7,402 inmates as of June 2018, New Mexico's Corrections Department has contracted with private prisons to accommodate this growth. In 2016, 43 percent of the state's prison population was housed in private facilities, the highest percentage in the nation.

In August, Governor Susana Martinez, New Mexico Supreme Court Chief Justice Judith Nakamura and legislative leadership formally requested support from the BJA and Pew to use a justice reinvestment approach to address challenges in the state's criminal justice system.

More than 30 states have successfully used the Justice Reinvestment Initiative approach to date, and these efforts have had significant impacts on controlling criminal justice spending, averting growth in prison populations and increasing public safety. Between 2010 and 2016, participating states reported initial collective savings or averted costs exceeding $1.1 billion.

Additionally, states reported collective reinvestment of $441 million between 2010 and 2017 in initiatives to improve public safety, with nearly one of every four dollars going to community- based treatment and services. Most of these states saw a drop in crime rates during the period of cost reductions and reinvestment.

"All three branches of New Mexico's government recognize the importance of working together to improve our criminal justice system", said retired New Mexico Supreme Court Justice Edward Chavez, who chairs the Bernalillo County Criminal Justice Coordinating Council. "This process will allow us to survey a variety of reform efforts currently happening across the state and establish a coordinated response to our most pressing public safety concerns."

CSG Justice Center staff will provide assistance throughout this process by collecting and analyzing data and supporting the state's Justice Reinvestment Working Group in developing appropriate policy options to help increase public safety and contain the cost of corrections. CSG Justice Center staff will collect input from criminal justice system stakeholders throughout the state in order to inform the process and identify solutions.

The Justice Reinvestment Working Group will present a series of policy proposals to the state legislature during its 2019 session. Members of the group include state legislators, the attorney general, cabinet secretaries and representatives from the Navajo Nation, local government, law enforcement and public interest groups.

"We hope a broad coalition of stakeholders will share their input, priorities and recommendations with us to lower recidivism and be smart on crime", added Representative Antonio Maestas (D-Bernalillo), co-chair of the interim Criminal Justice Reform Subcommittee. "It is a crucial part of the process."