Within the City of Albuquerque, there exists what are referred to as Metropolitan Redevelopment Areas.  There are 19 known and approved Metropolitan Redevelopment Areas (MRA) and they are as follows:

The North Corridor Redevelopment Area 

Saw Mill Wells Park Redevelopment Area

Downtown 2025 Redevelopment Area

Easdowntown/Hunning Highlands/South Martinez Town Redevelopment Area

Railroad Yards Metropolitan Redevelopment Area

Historic Central Redevelopment Area

The St. Joseph Hospital Redevelopment Area

Barelas Redevelopment Area

Sucamore Redevelopment Area

South Barelas Industrial Park

South Broadway Redevelopment Area

The West Central Redevelopment Area

The Central/Highland/Upper Nob Hill Redevelopment Area

The East Central Redevelopment Area

West Central Redevelopment Area

Near Heights Redevelopment Area

The Soldiers and Sailors Park Redevelopment Area

The Clayton Heights/Lomas Del Cielo Redevelopment Area

East Gateway Redevelopment Area

A map of the city identifying the specific location of the 19 MRAs can be found at this link:

https://www.cabq.gov/mra/redevelopment-areas

ADOPTED REDEVELOPMENT PLAN GUIDLINES

Each redevelopment area has an adopted redevelopment plan that guides the City’s redevelopment strategy. Applicants who want to create a city sanctioned Redevelopment Area must be the current  property owner or an entity with a fully executed option to purchase the property. There is a $2,000 application fee.

In order to create a Metropolitan Redevelopment Area the following criteria will be considered:

1. The property’s current zoning, zoning of surrounding properties and the property’s potential for medium- and/or high-density development;
2. The property’s designation in the 2017 Comprehensive Plan including designation as an area of Change/Consistency, location in a Center/Corridor, location on a Main Street Corridor, or other;
3. The property’s potential for reinvestment given site location
4. Whether the property itself meets the criteria for MRA inclusion OR
5. Whether reinvestment in the property would catalyze investment in the MRA area broadly;
6. How inclusion would further the goals and strategies articulated in the existing MRA plan.

Since the inclusion of the property runs with land and would be in place for future owners and projects, the MRA shall not take into consideration the specifics of the current applicant’s proposed use and project.

THE MENAUL METROPOLITAN REDEVELOPMENT AREA PLAN

There is a  20^th MRA being applied for city approval and developed known as the Menaul Metropolitan Redevelopment Area plan. The Menaul Boulevard corridor is characterized by its important role within the economy of Albuquerque. The area is well located and central to the city with access to both Interstate 40 (I40) and Interstate 25 (I25) and in close proximity to the rail lines and the airport. There are stable and well-established neighborhoods to the north.

Menaul is home to many locally owned small businesses that provide retail, dining options, and other services, as well as larger retail and hospitality chains. Generally, the retail and service business are located along Menaul, with hotels located in proximity to I25 and I40. Generally, light industrial and storage uses are located between Menaul and I40, and between Menaul, Candelaria, I25 and the North Diversion channel.

While this is a very important area for supporting Albuquerque’s economic development, it is also an area that has problems with crime, and vacant or under-utilized buildings. The purpose of this project is to support the redevelopment and ongoing economic development of the Menaul Boulevard area. The area that this report will be focusing on are all of the non-residential properties in the area bounded by I25 (west), Candelaria (north), San Mateo (east), and I40 (south).

https://www.cabq.gov/council/find-your-councilor/district-7/district-7-projects/menaul-boulevard-redevelopment-report

MENAUL METROPOLITAN REDEVELOPMENT AREA PLAN MOVES FOREWARD

On February 16, the Albuquerque Development Commission heard a presentation on the Menaul Metropolitan Redevelopment Area plan where adoption was urged and considered.   Presenters said the Menaul Metropolitan Redevelopment Area plan is a potential lifeline of hope for an area that’s been plagued with crime.  Simply put the plan would revamp the Menaul Corridor area. The Albuquerque Development Commission voted to recommend that the City Council  approve the  Menaul Metropolitan Redevelopment Area plan to revamp the area and now awaits it awaits  approval from City Hall.

The area of focus  run along Menaul between I-25 and the Diversion Channel, extending south to I-40, as well as one block north. It comes after a study into the chronic crime that has prompted longstanding businesses to abandon the area in recent years.  The study recommended upgrades like better lighting, cameras, trail upgrades and a police substation. Last year the council passed a resolution prioritizing funding for those improvements.

Multiple businesses have closed down in the area in the last few years, including the Range Café in 2020.  Crime is stretched out through the area, but other things have warranted concern from some business owners, like the homeless population. Tyler Fabian, owner of Urban 360 Pizza said told the commission this:

“I’m pretty sure that turns away business, especially since we have a patio out here, people like to sit outside and not be bothered.”

The city is hoping to change a few main lots of land in the area. The city also wants to work on better communication between business owners who reside there. The development commission is really hammering to fix public safety in the area.

https://www.kob.com/new-mexico/albuquerque-plans-to-revitalize-menaul-corridor/

https://www.krqe.com/news/politics-government/push-to-revitalize-menaul-east-of-i-25-moves-forward/

https://www.krqe.com/news/albuquerque-metro/city-of-albuquerque-rolls-out-plan-to-revitalize-downtown/

“SAFE OUTDOOR SPACE” TO HOUSE VICTIMS OF SEX TRAFFICKING IN TENTS BORDERING ON MENAUL CORRIDOR METROPOLITAN REDEVELOPMENT AREA

 A “Safe Outdoor Space” is a lot, or a portion of a lot, developed to permit homeless encampments with 40 designated spaces for tents, allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, fencing and social services offered. It was Mayor Tim Keller who in his Apri 1 proposed city buget, which was approved by the city council, that initially came up with the “Safe Outdoor Spaces” concept when he included and received city council approval of $950,000 in his 2022-2023 budget for establishment and development of the city sanction tent encampments.

 APPROVED SAFE OUTDOOR SPACES

The city Planning Department has approved 3 Safe Outdoor Spaces and they will be allowed to exist and operate.  Two are designed for people to sleep in cars rather than tents and are located outside existing homeless shelters.  The first is operating outside the city’s Westside Emergency Housing Center.  The second a is due to open in January outside the Albuquerque Opportunity Center shelter at 715 Candeleria NE. The city has partnered with the nonprofit Heading Home to launch the first two.

A third  Safe Outdoor Space is Dawn Legacy Point homeless encampment to be located at 1250 Menaul Blvd, NE.  It is intended to provide accommodations for upwards of 50 women who are homeless and who are “sex-trafficking victims” and other vulnerable populations.  It would operate under a 6 month licensing agreement with a possible 6 month renewal.  It was first approved by the Planning Department behind closed doors without giving proper and legally required  notice to surrounding property owners. 

The Dawn Legacy Point  safe outdoor space homeless encampment has generated major opposition and there are 6 appellants.  Opposing it are the   Santa Barbara Martineztown Neighborhood Association, the nonprofit LifeROOTS , the Crowne Plaza hotel, Sunset Memorial Park cemetery, the Greater Albuquerque Hotel & Lodging Association and the company that runs the Ramada Plaza hotel.

In December 22,  the Planning Department once again granted approval for the safe outdoor space at the Menaul  site.   At least 7  entities are fighting Dawn Legacy Pointe’s new approval. They argue that the project will harm an area already grappling with problems, that Dawn Legacy Pointe’s plans, including for security, are all insufficient and that the city is not protecting the community.

The Legacy Point encampment is within walking distance of Menaul School, across the street from the T-Mobile Call Center and a Quality Inn & Suites, it borders Sunset Memorial Park and one block Carrington College and two apartment complexes and immediately East of the Freeway is the massive TA Travel Truck which is known in law enforcement circles for prostitution and illicit drug activity. Immediate south of the truck stop on University Blvd is the Crown Plaza Hotel. Six appeals have been filed and a hearing officer sent the approval back to the Planning Department and finding that the city had not required the operator to first notify all the necessary property owners nearby.

LifeROOTS, one of the appellants, wrote in its appeal that the city “has no plan whatsoever to address and mitigate the impacts on the surrounding property owners and community at large.”

Menaul School and the Santa Barbara Neighborhood Association have argued that the City Planning Department and the Family Community Services Department gave the Dawn Legacy Point applicant preferential treatment by searching for and  identifying city own property to be used for the Safe Outdoor Space and  with the Family Community Services Department committing funding for the safe outdoor space before it was approved,

Menaul School wrote in its appeal:

“It is clear that the issuing of the permit to Dawn Legacy Pointe has been tainted from the start by the weighing of the (city’s) Department of Family & Community Services’ thumb upon the scales.”

Dawn Legacy Pointe for its part has said its operations plan, including the cite’s security plan, underwent a review as part of its approval process  and all such projects must have fences with lockable gates, background checks for operators and residents and 24/7 staffing. Katie Simon, a spokesperson for Dawn Legacy Pointe, said this:

“Data from other cities demonstrate that Safe Outdoor Spaces do not contribute to an increase of crime. … Safe outdoor spaces are a useful resource for people living on the street and to mitigate unsanctioned encampments.”

Links to news source material are here:

https://www.abqjournal.com/2561731/mayor-kellers-veto-put-safe-outdoor-spaces-on-the-city-council-agenda-again.html

APPEAL HEARD BY CITY LAND USE HEARING OFFICER

On February 27, a daylong hearing on the appeal of the city’s orginal  approval of the Dawn Legacy point Safe Outdoor Spaces to be located at 1250 Menaul Blvd, NE. was held before a Land Use Hearing Officer Steve Chavez.  The appeal has been pending for 6 months.  Although some prep work has been done by the city on the property, the lots are still empty.

The six appellants include the Albuquerque Hotel Lodgers Association, the Ramada Plaza Hotel, Sunset Memorial Park, Life Roots, Menaul School, and the Santa Barbara Martinez Town Neighborhood Association. The groups told the hearing officer that security measures are some of their biggest concerns.

All Seven organization appealing the approval expressed their frustrations against the site  saying the city failed in notifying them of the looming sanctioned encampment.  Attorney John Salazar,  representing the Crowne Plaza Hotel,  told the hearing officer “The problem is that this [aproval of the SOS] was a secret proceeding. We had no opportunity to discuss their application until now”. Attorney Jacques Chouinard added “The application is insufficient under the terms of the Integrated Development Ordinance.  … It fails to adhere to the use specific standards for security plans and services provisions.

The city council passed an amendment passed last November  requesting the sites include security measures through a new ordinance.  Albuquerque’s Planning Department’s Code Compliance Manager  Angelo Metzgar said  the  Menual  SOS cite is exempt and said  “This application was deemed complete before that took effect so therefore it would not need to.”

Kylea Good with Dawn Legacy Pointe told the hearing officer that   security has been contracted to oversee the site 24/7 once operations are up and running.  Good said their focus is to help those in need and she said “That is what nonprofits do. If we can’t serve you I’m going to try and find some but that can…it’s not like we are looking at doing the intakes on site.”

Santa Barbara Martinez Town Neighborhood Association President, Loretta Naranjo-Lopez  told the hearing officer “The continuation of these services that are coming in brings even more homeless to our area”.  Crowne Plaza Hotel Manager, Joani Jones said  “I feel like it’s going to be a magnet for the homeless to come down to that particular area.”

Karl Holme, executive director of the Greater Albuquerque Hotel and Lodging Association  testified on behalf of his association during the hearing, She said this:

“We feel this encampment will only attract more illicit traffic and hasten the decline of midtown.  Just because the SOS application meets all the IDO requirements, it doesn’t mean it’s a good idea for this location.”

Lindsey Gilbert, president and head of Menual School, also testified against the SOS. Menaul School, a faith-based boarding school that’s been part of the neighborhood for decades. Gilbert said this:

“Based on who our community is– children, international students who don’t know America well, who don’t know what’s safe and unsafe, and we’re saying we’re going to mix those two communities together, we can anticipate that this is going to cause problems. … Anything that makes our campus look less safe is bad for our community.”

Elizabeth Holguin, the City’s Deputy Director of Homeless Solutions and Clinical advisor for the city assisted with the cite selection and has spoken in support of the safe outdoor space from the very beginning. Holguin said there are misconceptions about the unhoused population, like they have bad intentions or might be involved in criminal activity. But this space would cater to women who are victims of human or sex trafficking or domestic violence, a population that Holguin says mostly just wants a safe haven.

Holguin  said this during the hearing:

“It’s not the only location, it doesn’t have to be this location, but it’s one that met the zoning code, it’s right next to the highway. … It’s actually away from the neighborhood so I thought it would be a good location. … I think that everybody wants to have a solution but every time we propose one it’s maybe not here, not like this. … So it’s difficult to make real progress and be able to test new ideas.”

The hearing officer will take about a month to review the appeal and give a recommendation to City Council. Councilors will then have the final say whether the Safe Outdoor Space Space use for 1250 Menaul Blvd, NE. will move forward.

The links to quoted news sources are here:

https://www.krqe.com/news/albuquerque-metro/appeals-heard-against-albuquerque-sanctioned-homeless-camp/

https://www.kob.com/new-mexico/second-appeal-hearing-for-approved-safe-outdoor-space-in-ne-albuquerque/

PROTEST AGAINST SOS ORIDINANCE

On Monday, February 27, several groups gathered at One Civic Plaza to protest the  approved Safe Outdoor Space (SOS) ordinance designed to help ease the city’s homeless crisis, but protests continues to fall on deaf ears. Many voiced their frustrations against the Safe Outdoor Spaces amendments to the Itegrated Development Ordinance aimed at providing temporary relief for those in need, including sex trafficking survivors.

Judy Young with Women Taking Back Our Neighborhood said this:

“This is another piecemeal, throw it together, slap it around. This is not a solution. … It’s not going to help the city. It’s not going to help these sex trafficking victims. There is nothing good that can come out of this. … They have violated so many of our rights to protect those that are trafficked, to protect the neighborhood, to protect the integrity of Albuquerque. They have violated this in every way possible. This site is going to be a disaster not just for the neighborhood, but for the victims who have already been trafficked.”

Some argued the safe outdoor space would be no different than Coronado Park, an unsanctioned encampment shut down by mayor Tim Keller in 2022. Santa Barbara Martinez Town Neighborhood president, Loretta Naranjo Lopez said this:

“We’ve already experienced this with Coronado Park. This isn’t the right location. We think … [victims of sex trafficking] should be in a house, in a facility where they’re getting the treatment that they need and they’re indoors getting indoor showers, indoor bathrooms.”

https://www.koat.com/article/space-groups-appeal-space/43110812

MENAUL PROPERTY  BEING LOOKED AT FOR  GARBAGE TRANSFER STATION

In addition to the Dawn Legacy Pointe plan to establish and operate a “safe outdoor space” at 1250 Menaul Blvd, NE  to provide a tent encampment for 50 women who are homeless and who are “sex-trafficking victims”, the city’s Solid Waste Department wants to use 1 of the 2 adjoining city owned parcels  of land for a garbage transfer station.  The transfer station would allow individual city trash trucks to drop off their loads so larger vehicles could then transport the garbage to the landfill. It has been reported that while the city  has looked at other sites for the garbage transfer station, the Menaul property is the only location currently under consideration. Solid Waste spokeswoman Emily Moore said  the city has not taken steps necessary as of yet  to open a transfer station, such as seeking the requisite zone change or the state permit needed for such a facility.

Both KOAT Channel 7 and KRQE News 13 have reported that city bought the 14-acre property on the Northwest corner of the interchange for $6.8 million with the intention of turning it into a solid waste transfer station. There are concerns about the school, businesses, and hotels just across the street as  well as the cemetery next door.

Albuquerque Solid Waste Director Matthew Whelan  had this to say:

“It’s a great location because it’s centralized in the city and it’s near both of the freeways.  … And, by having a centralized location, not only are you going to save time, you’re going to save truck wear and tear, and you’re going to save emissions because now we’re just going to be putting the refuse there, and they’re going to be sending one truck to the landfill.  … Our goal is to make it more appealing looking  …  [This one] … will look like a normal industrial building, you know, it’ll be, like, brown. It’ll have landscaping. … It’ll be,  it won’t be like an open pit where we’re just dumping into.”

The Santa Barbara Martineztown Neighborhood Association and Crown Plaza Hotel,  two of the appellants  of the Dawn Legacy Point Safe Outdoor Space at 1250 Menaul Blvd, NE, are also strongly opposed to the city’s plans for a garbage transfer station at the same location.

Loretta Naranjo Lopez, president of the Santa Barbara Martineztown Neighborhood Association had this to say about the garbage transfer station:

“They’re hiding this from us and they’re not talking to us at all. … And, we’re outraged. I would be asking all these people here, what do you want to see here before they even consider it?  … We’re already dealing with the freeway. We have done a health impact statement study and it says 10 miles out, the impact to our health is bad from the freeway. Anything added to it is just going to be a catastrophe. …  Every 30 seconds, a [city garbage]truck coming down Menaul and people having their funeral services at the Sunset Memorial with all that noise [is a concern]. 

Joani Jones, general manager of the Crown Plaza Hotel, which sits just across Interstate 25 from the property said this:

“We’re the heart of the city. The Midtown area is truly in the heart of the city,” … We don’t need the smell. We don’t need people to see that.”

The nearby Stronghurst Neighborhood Association is also opposed to both the Safe Outdoor Space and the garbage transfer station being located at 1250 Menaul Blvd, NE.   Bill Sabatini is a very well know and highly respected business person in Albuquerque and he is the president of  Stronghurst Neighborhood Association.  He said  local business owners and others opposing the city’s plans have been meeting for months.

Sabatini said he would like to see the city establish the safe outdoor space and as well as the transfer station in another part of town. He said his organization and those he represents believes that a safe outdoor space will bring more unhoused to the area.  He also said a garbage transfer station will be a waste of prime real estate.  Sabatini argued that the site could be a showcase for Albuquerque given its location near several hotels and two interstates.

Bill Sabatini had this to say this about the garbage transfer station:

“It’s a bad idea; it’s a dumb idea. … It’s just totally inappropriate for here. … We know it’s not going to smell,  they have figured out ways to do that,  but the amount of traffic, truck traffic, from the entire east side of the city to that location is ungodly.  … That’s just not a good location.  That’s a terrible location to put something of that nature right in the middle of the city – (it’s) a highly visible location! … It’s a perfect place to make a positive statement about Albuquerque. …  There could be a lot of things that happen here that could be much more beneficial. One idea, for instance, is this would be a great location for either a history museum or some kind of education center.”

Links to the quoted news sources are here:

https://www.koat.com/article/city-wants-to-build-trash-transfer-station-at-the-big-i/41067692

https://www.krqe.com/news/albuquerque-metro/its-a-dumb-idea-martineztown-residents-say-garbage-transfer-station-bad-fit-for-neighborhood/

https://www.abqjournal.com/2561741/city-could-use-menaul-property-for-garbage-transfer-station.html

COMMENTARY AND ANALYSIS

Only in the screwed up “Burque World” of Mayor Tim Keller can it be imagined that  2 adjoining lots of prime commercial property own by the city worth upwards of $7 million would be used for a Safe Outdoor Space  for  a tent encampment for women who are “sex-trafficking victims” and then the city would  construct and run  a “garbage transfer station” next to it.  Now both the Safe Outdoor Space and the Solid Waste Transfer station will literally border on the West of the Menaul Metropolitan Redevelopment Area. The optics are so very representative of the kind of failed  Mayor Tim Keller really is and how messed up he operates and thinks.

First, Mayor Keller advocates for “Safe Outdoor Spaces” and sneaks $950,000 in his general fund budget which the City Council haplessly agrees to and allocates. The general public has legitimate concerns that Safe Outdoor Space homeless tent encampments will become crime-infested nuisances, such was the case with Coronado Park. The homeless crisis will not be solved by the city but must be managed with permanent housing assistance and service programs, not nuisance tent encampments.

It’s Keller’s sneaky conduct like this and lack of communication and transparency and ignoring the general public that has resulted in Mayor Tim Keller and his Administration being viewed as very heavy handed and incompetent in dealing with the homeless crisis. In August of last year, the city released the Citizen Perception Survey.  The survey found that 70% of citizens surveyed rate the city poorly for its performance in dealing with the homeless crisis.  This includes 41% who gave city hall the lowest possible rating.  Meanwhile, only 9% gave the city’s homelessness response a favorable review. In other words, 7 times more people rate the city poorly on the issue of the homeless  than offer a positive assessment.

Second, Mayor Keller takes steps asking for 100 amendments to the Integrated Development Ordinance with one amendment allowing 2 Safe Outdoor Spaces in each of the 9 City Council Districts for a total of 18.  The amendments pass on the slimmest 5-4 vote.  When the City Council realizes the mistake they had made as a result of major public outrage and push back, the City Council seeks to reverse course, votes to defund the financing and votes to  remove Safe Outdoor Spaces as a permitted use but votes 5-4 for repeal.  Keller vetoes the repeal and the defunding despite public opposition and outrage claiming he was elected to make the hard decision essentially ignoring the will of the voters and not wanting to admit how very wrong his policy actually is and the damage it will do.

Third, Keller’s own Family and Community Services Department and Planning Department Officials go out of their way to give preferential treatment and financial aid to the applicants for a Safe Outdoor Space for unhoused woman who are “sex-trafficking victims”. Never mind the fact that victims of sex trafficking need stable and permanent housing and services and placing such women in tents to live is very degrading and revictimizes them again.  Safe Outdoor Space city sanctioned homeless encampments are not just an issue of “not in my back yard,” but one of legitimate anger and mistrust by the public against city elected officials and department employees who have mishandled the city’s homeless crisis and who are determined to allow them despite strong public opposition.

Fourth, the Safe Outdoor Space tent encampment to house victims of sex trafficking and the solid was transfer station will now be immediately west of the Metropolitan Redevelopment Area.  Both will likely destroy all efforts to revitalize the Menaul corridor and make the city a magnet for the homeless.

With any luck, Tim Keller will move on sometime  mid-second term, something he has twice, first  as a State Senator and then as State Auditor, because the city cannot afford 3 more years of his failed leadership and hapless zoning changes.

On March 1 and March 2  KOB News 4 staff reporter Giuli Frendak reported on how the City of Albuquerque is moving  forward with its plans to transform hotels and motels into housing units for low income housing. The plan is part of Mayor Tim Keller’s Housing First plan to address what he claims is a crisis in low income housing for the poor and near homeless.  Following is the full Channel 4 report:

“The City of Albuquerque is asking local hotels and motels to play a role in one of its creative ideas to bring more housing units online quicker, and at a lower cost. 

The city recently pushed out a request for information from any and all property owners who might be interested in selling. The city would then take the lead in renovating them into housing units.

“We’re just inviting property owners to submit some information to us about their property,” said Lisa Huval, deputy director of Housing in the Family and Community Services Department. “Things like number of rooms, what is the current zoning, are there kitchenettes, what is the condition of the property.”

The city is casting a wide net and won’t rule out any property size or location. 

“I think for some folks maybe that property just isn’t producing the level of income it needs to be producing, maybe they’re interested in getting into a different line of business,” said Huval. “That could really be a range of properties across the city.”

The approach is just one piece of the city’s Housing Forward initiative it launched last fall.

“We know we have a housing crisis and part of solving the housing crisis is urgency,” said Huval. “We have to be able to bring more units online more quickly. This isn’t going to solve all of it, but this will help solve a chunk of it if we can do it well.”

Huval says communities in California, Texas, and Colorado have already used this model, and have proven conversion can be successful. 

If you’re an owner considering selling your property, you can find the city’s request for information here.”

The link to the full news report is here:

https://www.kob.com/new-mexico/albuquerque-moves-forward-with-plan-to-transform-hotels-motels-into-housing-units/

KELLER’S “HOUSING FORWARD ABQ” PLAN

It was on November 10, 2022 that Mayor Tim Keller announced his “Housing Forward ABQ” plan to add 5,000 housing units to the existing housing supply by 2025.  Keller called his plan “transformative” and it includes updates to Albuquerque’s Integrated Development Ordinance (IDO)  to carry it out and motel conversion plan.

MOTEL CONVERSIONS

Mayor Keller’s “Housing Forward ABQ” places great emphasis on “motel conversions”.  A  zoning change already enacted by the city council in early 2022 year eased the process for city-funded motel conversions by allowing microwaves or hot plates to serve as a substitute for the standard requirement that every kitchen have a cooking stove or oven.   “Motel conversions” includes affordable housing where the City’s Family & Community Services Department will  acquire and renovate existing motels to develop low-income affordable housing options. Keller’s plan calls for hotel or motel conversions to house 1,000 people by 2025.

The Keller Administration proclaims that motel conversions are a critical strategy for addressing the city’s housing shortage. The city proclaims motels conversions are a simpler, lower-cost alternative to ground-up construction. It will require city social services to regularly assist residents.  The homeless or the near homeless would be offered the housing likely on a first come first served basis and with rules and regulations they will have to agree to.

The existing layout of the motels makes it cost-prohibitive to renovate them into living units with full sized kitchens.  An Integrated Development Ordinance amendment provides an exemption for affordable housing projects funded by the city, allowing kitchens to be small, without full-sized ovens and refrigerators. It will require city social services to regularly assist residents.  The homeless or the near homeless would be offered the housing.

CITY BUYS “SURE STAY”  HOTEL

One area of the city that has been targeted in particular by the Keller Administration for motel conversions is “Hotel Circle” in the North East Heights. The area is considered  a “high crime”  volume area  because of the thousands of APD calls for service to deal with crime at the motels. Located in the area are not only a number of motels but it is also  the largest shopping area in SE and NE Albuquerque near I-40. The businesses in the area include Target, Office Depot, Best Buy, Home Store, PetCo and the Mattress Store and restaurants such as Sadies, the Owl Café, and Applebee’s and other businesses.

On February 11 it was reported that the City of Albuquerque has executed a purchase agreement for the purchase of the Sure Stay hotel located at 10330 Hotel NE for $5.7 million to convert the 104-room hotel into 100 efficiency units. The $5.7 million purchase price for the 104-unit complex translates into $53,807.69 per unit ($5.7 Million ÷ 104 = $53,807.69 per unit). At a December 6, 2022  meeting on motel conversions, city officials said that the city’s estimated cost is $100,000 per unit to fix up or remodel existing motels.

Therefore, using the city’s own estimated remodeling costs for the Sure Stay Motel, an additional $10 Million will be needed to remodel the motel for low income housing. ($100,000 per unit X 100 efficiency apartments = $10 Million). Therefore, the entire Sure Stay conversion project will have an estimated cost of $15,700,000.  ($5.7 purchase cost + $10 Million remodeling cost = $15,700,000)

The City Department of Family & Community Services purchased the Sure Stay Hotel by using Housing and Urban Development (HUD) funding of $3,059,662.12 in Community Development Block Grant and available funding from the city’s  Public Facilities monies and from Foreclosure Prevention  monies for a total property purchase of $5.7 million.  The Department of Family and Community Services submitted a request to the HUD Albuquerque Field Office for the release of CARES and HOME American Rescue Plan funding to be used to purchase Sure Stay Hotel and the renovation project for the permanent housing with supportive services.

City officials said the purchase should close this spring and said the project’s total cost, including necessary renovations of the Sure Stay hotel will not be known until later this year as the city still must put the work out to bid. The goal is to have the housing open within a year. City officials have said funding is available for at least one additional motel purchase and is asking the New Mexico Legislature for funding.

CITY’S MOTEL CONVERSION PLAN EXPLAINED

It was On December 6, 2022, the City’s Family and Community Services Department and the Planning Department held a public meeting at the Albuquerque Convention Center to discuss the Keller Administration’s motel conversions plans.   In attendance to present the program were Family Community Service Director Carol Pierce,  Deputy  Director Lisa Huval and Planning Department Officials.  Notably absent from the meeting was Mayor Tim Keller with no explanation given. Not a single Albuquerque City Councilor attended the presentation.

The City presented a short “power point” slide to the audience entitled “THE PATH FORWARD”.  The power point said in part that there are “several possible paths all of which the Department of Family and community services is exploring” to deal with the housing shortage.

Those options listed in the power point were:

“The city can acquire motels, contract with a contractor/architect to complete renovations and then identify an entity to own and operate the facility through a Request for Proposal (RFP), which is the city bidding process.

The city can acquire motels and then identify and entity to rehabilitate, own and operate through an RFP process.  The RFP would include funding to rehab the motel.

The city can use an RFP to select one or more entities to acquire, rehab, own and operate a motel.

Currently, [the]  City has funding available to complete at least two motel conversions.”

City officials with the Planning Department and the Family and Community Services Department said that the city’s estimated cost will be  $100,000 per unit to fix up or remodel existing motels. The estimated cost per unit is ostensibly  determined by the total cost of the remodeling and design plans to repurpose and entire structure or motel complex and bring it up to city construction codes (electrical, plumbing, and water and sewers codes)  and complete clean up and remediation preparation of the structure and property.  The total number of units is then divided into the total cost of the remodeling and repurposing of the structure itself.

City officials identified the “qualifying incomes” of the population that would be served by the motel conversions in terms of income levels.  Those qualifying income levels listed were “Supplemental Social Security Income” recipients, “Social Security Disability” recipients, “Warehouse Workers”, “In Home Care” workers and “Tipped Workers”.   The power point noted that the fair market value for an efficiency apartment in Albuquerque is approximately $666 per month.

According to the power point, the monthly cost of $666 is “naturally affordable for single adults who earn $27, 000 a year” which is 50% of the city’s Median Income level.  It was noted that some of the units will be for subsidized or for affordable housing for those making $16,000 a year which is 30% of the city’s Median Income.

COMMENTARY AND ANALYSIS

One big take away from the City’s plans for motel conversions is that they are not intended to be used as “homeless shelters” such as the new Gateway Homeless Shelter on Gibson, but there is no guarantee that will not happen.  The intent is that those who will be housed in them must have some sort of income, either through social security or other government assistance or be gainfully employed, and they must pay rent. The city has yet to publicly identify the screening criteria that will be utilized for occupants and the minimum income levels.

The second and most serious takeaway from the city’s plans for motel conversions is that the city’s estimated cost of $100,000 per unit to fix up or remodel existing motels is likely a huge waste of taxpayer money and financing.  Mayor Keller and the city’s announced goal is to purchase enough motels and add 1,000 units to be made available by 2025.  If the city in fact spends $100,000 per unit to fix up or remodel 1,000 units as it has stated, the estimated cost for the planned 1,000 units  will be $100,000,000 not including purchase price of the motels.

Mayor Tim Keller at one of his telephone “town hall” meetings a few weeks ago  announced that he wanted to purchase all the “derelict motels” on Central and convert them into low-income housing. It was a statement that took many of the public  off guard and a reflection of his sure ignorance.

There are upwards of 150 motels along Central from the West side all the way to the Eastside of Albuquerque to Tijeras Canyon.  Central is in fact historic Route 66.  Many of those motels were constructed decades ago when Central was part of Route 66. Simply put, many times it is cheaper and makes more sense to demolish and rebuild.

Approximately 15 years ago, the city’s Safe City Strike Force took civil code enforcement action against a number of the 150 motels up and down central with many ordered shut down.  The motel owners were ordered to bring their properties into code compliance that usually cost thousands before they were allowed to reopen.

The Safe City Strike Force was responsible for the demolition of at least seven (7) blighted motels that were beyond repair. Those motels were demolished because it was cheaper and made more sense to tear them down rather than spends hundreds to remodel. The Central motels that the Safe City Strike Force took action against include the Gaslight (demolished), The Zia Motel (demolished), The Royal Inn (demolished), Route 66 (demolished), the Aztec Motel (demolished), the Hacienda, Cibola Court, Super-8 (renovated by owner), the Travel Inn (renovated by owner), Nob Hill Motel (renovated by owner), the Premier Motel (renovated by owner) the De Anza (purchased by City for historical significance), the No Name, the Canyon Road (demolished), Hill Top Lodge, American Inn (demolished), the El Vado (purchased by City for historical significance), the Interstate Inn (demolished).

Simply put, Mayor Keller’s “motel conversion” plan is severely lacking on many levels. There has been a total lack of transparency by the city with the public and it has been very sketchy and short on details as to what motels have been targeted, the projected overall funding for the program, no details as to the private-public partnerships and no identifying those in the real estate and development community and the construction industry the Keller administration is working with.

The city is spending between $60 million and upwards of $100 million a year on affordable and supportive housing.  Over the last two years, Keller  has increased funding to the Family Community Services Department for assistance to the homeless with $35,145,851 million spent in fiscal year 2021 and $59,498,915 million being spent in fiscal 2022  with the city adopting a “housing first” policy. In 2021, the City spent $20.7 million for affordable and supportive housing.  In the 2022-2023 budget, the City spent $42,598,361 total for affordable housing and community contracts with a major emphasis on permanent housing for chronically homeless. It is $24,353,064 more than the  2021-2022 fiscal year.

The biggest unanswered question is does the city have any business whatsoever  going into the “hotel conversion” business and begin operating such facilities in addition to what it is already being spent?  It is not at all likely that the city has a realistic plan in place to achieve its goal of 1,000-units relying on motel conversions.

What is down right troubling is that the City Council has been derelict in its oversight of Mayor Keller when it comes to his motel conversion plans and appears to be 100% on board with it. The Albuquerque City Council is essentially giving  Keller a blank check to run around town with a smile on his face and a grin in his voice to buy all the derelict motels he wants along Central.

On March 18, a mere 17 days away, the 2023 New Mexico legislature comes to a sudden end at 12:00 Noon.  The term used for the abrupt ending of legislature is “sine die” and all pending  legislation not voted on and passed is moot and rendered dead.  Feeling the heat of the end in sight, Governor Michelle Lujan Grisham is now pulling out all stops to get passed gun control legislation.  Lujan Grisham said she is meeting with legislative leaders as she seeks support for firearms and public safety legislation.

On February 28, at a  rally in the capitol rotunda Roundhouse she spoke in no uncertain terms about the  gun restriction legislation she wants enacted before the end of the session.  She characterized  the legislation as her “must have” legislative priorities.  Her “must have” legislative priorities include a waiting period for firearm purchases and raising the minimum age to buy certain guns to 21 as New Mexico.

The Governor  acknowledged the proposed ban on “assault weapons”, such as AR-15-style rifles, will  likely  be struck down by the legislature in committee without any full Senate or House votes. The assault weapon ban has run into  questions over how to define “assault weapons” and what would be banned.

The Governor said this at the rally:

“When it’s hard, it means that you’re on to the precipice of change. … We’re going to get many of these proposals over the finish line.”

HEAVY COMMITTEE SCUTINY

All the gun control legislation has resulted in intense debate. The measures have resulted in supporters and opponents packing committee hearings to testify. It has been the Judiciary Committee in both legislative chambers that have been the key test for passage of the bills.

On the Senate side, the legality of Senate Bill 171 was questioned by both Democrat and Republican lawmakers. Senate Bill 171 seeks to ban the sale of hollow point ammunition, machine guns and certain other kinds of firearms. It was rejected  on a bipartisan vote.

On the House side, House Bill 101 is the legislation to ban the sale or possession of “assault weapons”, defined as semiautomatic rifles and handguns with certain characteristics. HB 101  has been held up in the Judiciary Committee as lawmakers evaluate amendments.

There are  bills that are advancing quickly such as  House Bill 9 that would make it a crime to negligently store a firearm that a minor obtains.  Charges could be brought only if a minor brandished the firearm or used it to injure or kill someone.  HB 9 has passed the full House and one Senate committee.  If it makes it out of the Senate Committee it could be quickly scheduled for a vote by the full senate.

SENATE JUDICIARY COMMITTEE CHAIRMAN JOSEPH CERVANTES

Senator Joseph Cervantes, a Las Cruces Democrat and chairman of the powerful Senate Judiciary Committee, has become one of the most influential Senators during the 2023 legislative session because of the gun control measures introduced,  including proposals to establish a 14-day waiting period for the purchase of firearms, a ban on guns at polling places and a ban on AR-15-style rifles.  Senator Cervantes is also a highly respected New Mexico trial attorney giving his opinion far more credibility than most Senators.

Cervantes has said repeatedly that he isn’t interested in passing bills that will be struck down in court. Cervantes has made it clear that he disagrees with recent U.S. Supreme Court decisions limiting gun laws but  he also acknowledged and understands the legal landscape shaped by those decisions.

Cervantes has repeatedly opposed the “rebuttable presumption” legislation supported by the Governor  where a defendant charged with certain violent felonies would be held in jail pending trial, a measure that  Cervantes has characterized as short cutting constitutional rights of the accused.

On February 27, 2023, the Senate Judiciary Committee voted to  block  Senate Bill 171,  the  proposal to ban the sale of hollow-point ammunition and automatic firearms.  Cervantes joined a mix of Democrat and Republican lawmakers who voted 6-3 to reject the legislation.  Senate committee members raised questions about its legality.  The vote was a bipartisan rejection of the measure.  However, the committee also voted approval of  House Bill 9, the proposal intended to require the storage of firearms away from children.

Cervantes said  he believes the safe storage bill is permissible under recent U.S. Supreme Court decisions.  But proposals to broadly prohibit “assault weapons,” he said, are on much shakier ground.

Cervantes joined fellow Democrats on the Senate Judiciary Committee in supporting House Bill 9, the safe storage legislation, which would make it a crime to store a firearm in a way that negligently disregards the ability of a minor to access the gun. Cervantes said this about HB 9:

“It may be one of the few guns bills we’re seeing that may withstand that (constitutional) scrutiny”.

PENDING LEGISLATION

There are  10  measures that are still pending enactment. The legislation is  as follows:

House Bill 9, unlawful access to firearm by minor. The legislation is  sponsored by Albuquerque area Democrat Representative Pamelya Herndon. It makes it a crime to store a firearm in a way that negligently disregards the ability of a minor to access it. Criminal charges could be brought only if the minor later brandishes or displays the firearm in a threatening way or uses it to kill or injure someone. House Bill 9 would make it a misdemeanor to negligently allow a child access to a firearm, and would make it a felony if that negligence resulted in someone dying or suffering great bodily harm.  On February 9, House Bill 9 passed the House on a 37-32 vote after a three-hour debate and it now being considered by 2 Senate committees

House Bill 50 prohibits magazines with more than 10 rounds and is a waiting first House committee hearing.

House Bill 72 prohibits possession of semiautomatic firearm converter that allows the weapon to fire more rapidly and has not been scheduled for hearings

House Bill 100  would establish a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm. The bill includes exclusions for sales between law enforcement officers and between immediate family members. House Bill 100 has passed  through two house committees. However, House Bill 100  has been on the House’s floor agenda for a week but has not been brought up for a vote amounting to speculation that there will be a narrow vote margin and it may not pass the  full House chamber to make it over to the Senate.

House Bill 306: Illegal straw purchases is a waiting first House committee hearing.

House Bill 101 as written  would make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.  It would restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms with certain characteristics, such as semiautomatic rifles with detachable magazines, or semiautomatic pistols with a fixed magazine capable of loading more than 10 rounds of ammunition. The bill would prohibit the sale or possession of assault weapons, which are defined as semiautomatic rifles and handguns with certain characteristics. House Bill 101 also states any semi-automatic rifle that has the capacity for a large magazine would be considered prohibited in addition to attachments like grenade launchers and flash suppressors. The legislation does include limited exceptions to the ban including police officers and members of the armed forces. A substitute bill introduced during a committee hearing included a clause to allow current assault weapon owners to keep those firearms, provided they register them with the New Mexico State Police. The bill has raised concerns from the New Mexico Attorney General that it could be contested in court due to potential Second Amendment violations. House Bill 101 has  passed  one House committee. Amendments are being considered in a second committee.

House Bill 306 is sponsored by Minority Floor Leader Ryan Lane, a Republican from San Juan County. It seeks to prevent gun straw purchases, a type of firearm purchase where someone buys a firearm for another person who is legally banned from owning firearms, such as a convicted felon.

Senate Bill 44 would make it a misdemeanor to carry a firearm within 100 feet of a polling location on election day or during early voting. On-duty law enforcement officers and security personnel would be exempt.  On February 16, the New Mexico Senate voted on a 28-9 vote to approve Senate Bill 44 after lengthy debate where Republicans lawmakers unsuccessfully attempted to amend the bill to extend exceptions to individuals who have permits to carry a concealed firearm. The amendment failed on 13-23 vote. The bill has advanced through one of two committees in the House.

Senate Bill 116 would establish a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine. The bill would effectively raise the minimum age for buying an AR-15-style rifle from 18 to 21. Senate Bill 116 has  passed one Senate committee. On March 1, Senate Bill 116 stalled in the Senate Judiciary Committee as a result of dueling motions to reject or pass the bill where each failed on 4-4 votes. The tie votes occurred  because of the absence of Sen. Bill O’Neill, D-Albuquerque. The lack of a successful motion leaves the bill in the Senate Judiciary Committee, where it could be scheduled for another hearing, at the prerogative of the Chairman Senator Joseph Cervantes, D-Las Cruces.  Given the shortness of time remaining in the session  and the amount of other legislation pending, another hearing is not likely.

Senate Bill 171 seeks to ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics. Those characteristics include a detachable magazine that attaches outside the pistol grip, a threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip or silencer; or a shroud that is attached to the barrel that allows the shooter to hold the firearm with the second hand without being burned. The legislation also applies to firearms that can be modified to shoot automatically by a single pull of the trigger.  Senate Bill 171 seeks to ban the sale of hollow point ammunition, machine guns and certain other kinds of firearms. It would prohibit the sale of ammunition coated with materials designed to penetrate metal or pierce protective armor, along with ammunition designed to explode or segment on impact. Ammunition coated with materials designed to penetrate metal or pierce protective armor is often referred to as “cop killer” ammunition in that such ammunition is not necessary for hunting or target practice. Lawmakers of both parties questioned the legality of a proposal and Senate Bill 171 was  rejected by a Senate committee.

Links to quoted and relied upon news sources are here:

https://www.abqjournal.com/2573520/senate-endorses-firearms-ban-at-new-mexico-polling-places.html

https://www.abqjournal.com/2577191/as-assault-weapon-ban-faces-opposition-lujan-grisham-calls-for-waiting-period-age-restriction-on-new-mexico-gun-sales.html

https://www.abqjournal.com/2576985/new-mexico-lawmakers-reject-one-gun-bill-support-another-as-proposals-take-shape.html

https://www.abqjournal.com/2577709/tie-vote-blocks-advancement-of-age-restriction-for-gun-purchases-in-new-mexico.html

HIGH CRIME RATES REFLECT NEED FOR GUN CONTROL AND PUNISHMENT

The backdrop to all the gun control  measures being considered by the 2023 New Mexico legislature is New Mexico’s and Albuquerque’s high crime rates.  Every year, the Federal Bureau of Investigation (FBI) compiles data from police agencies across the nation.  The data from 2021, with 2022 data yet to be released, showed New Mexico had the nation’s second highest rate of total crimes against persons.

The FBI numbers show New Mexico’s per-population kidnapping and abduction rate was the highest in the nation. New Mexico’s firearm ownership and fatality rate is among the nation’s highest. In 2016 over 37% of adults in the state lived in a household with a firearm which is 5% higher than the national average according to the think tank Rand Corp.

In 2021 New Mexico law enforcement reported over 28,000 crimes against persons. That includes crimes such as murder, rape, assault, and kidnapping.  Given New Mexico’s population, the state’s crime rate against persons per population is the second highest in the nation. FBI data shows for every 100,000 people in New Mexico, law enforcement reported 2,189 crimes against persons in 2021. The only state with a higher rate was Arkansas, which reported 2,276 crimes per 100,000 people.

New Mexico law enforcement agencies reported nearly 25,500 instances of assault in 2021. That’s 1,872 more than the state reported in 2020. New Mexico law enforcement also reported more homicides in 2021 than the year before. Across New Mexico, police reported 193 homicides to the FBI in 2021. That’s 67 more than in 2020.  Not at all surprising is that the majority of the state’s reported homicides were in Albuquerque.

New Mexico isn’t at the top of the list in all crime categories. While New Mexico law enforcement reported 1,663 instances of sex offenses in 2021, 6  other states had higher rates of sex offenses per population. That includes states like Alaska, Utah, and Montana.

New Mexico law enforcement reported 822 kidnappings and abductions to the FBI in 2021. That puts New Mexico at the top of the list regarding kidnappings and abductions per 100,000 people. Kansas, Colorado, and Utah also rank high on the list of kidnappings and abductions per population.

New Mexico’s firearm fatality rate is among the nation’s highest. According to the New Mexico Department of Health, there were a total of 562 state residents who died in 2021 due to firearm-related injuries.  This figure is up significantly from the 481 firearm-related deaths in 2020. Of the 562 state residents who died in 2021 due to firearms, 319 cases, were classified as suicides and 243 were classified as homicides. In New Mexico, the rate of 14.9 firearm-related deaths per every 100,000 residents in 2010 nearly doubled over the last decade and there were 23 such deaths for every 100,000 residents in 2020.

ALBUQUERQUE AT FOREFRONT OF CRIME WAVE

Albuquerque is at the forefront of New Mexico’s high violent crime rate.  According to legislative data released, the city had about half of the state’s violent crime in 2022 but has just 25% or so of its total population.  The Albuquerque Police Department reported that in November, gun law violations spiked 85% this year alone. The last two years have also been two very violent years for Albuquerque.  The number of homicides in the city have broken all-time records.  In 2021, there were 117 homicides, with 3 declared self-defense reducing homicide number to 114. In 2022, there were 121 homicides, a historical high.  

It has been reported that there have been more APD police officer shootings in 2022 than during any other year before.  In 2022, there were 18 APD Police Officer involved shootings,10 of which were fatal.  In 2021 there were 10, four of which were fatal.

Crime rates in Albuquerque are high across the board. According to the Albuquerque Police’s annual report on crime, there were 46,391 property crimes and 15,765 violent crimes recorded in 2021.  These numbers place Albuquerque among America’s most dangerous cities.

All residents are at increased risk of experiencing aggravated robbery, auto theft, and petty theft.  The chances of becoming a victim of property crime in Albuquerque are 1 in 20, an alarmingly high statistic. Simple assault, aggravated assault, auto theft, and larceny are just some of the most common criminal offenses in Albuquerque. Burglary and sex offense rates In Albuquerque are also higher than the national average.

COMMENTARY AND ANALYSIS

Given the fact that there is a mere 17 days left of the 2023 legislative session, it is becoming painfully obvious that not much of the Governor’s “must have” gun control legislation is going to get enacted and it’s  a damn shame.  Democrats in the 2023 legislative session hold a 45-25 majority in the House and a 27-15 in the Senate. New Mexico Democrats are looking very foolish  not  enacting reasonable and responsible gun control measures as New Mexico Republican legislators continue with their national party’s failure to do anything but cater to the National Rifle Association (NRA) not believing the country has a gun crisis.

What was needed from the get go is a balance between crime and punishment and gun control that in a real sense they go hand in hand to deal with reducing the state’s high violent crime rates.  The message must be loud and clear: “You use a gun during the commission of a crime, or you are negligent with your gun, you go to prison with mandatory enhanced sentences.”

The Governor said this in an interview with the Albquerquerqu Journal after the February 28 rally:

“I’m having conversations with leadership about ‘must have’ bills upstairs [in my office]. …  This is where I start to bring everybody up and tell them what’s important for me to have … because if we don’t have those, you know, then we might have to stay longer or do it again.”

The governor’s comments about staying longer or doing it again should not be dismissed as last-minute political rhetoric and needs to be taken very seriously. It’s a reflection of the leverage she has over the legislature.  Her leverage power includes the power to veto but she can also call  a Special Session immediately after the current session ends  and set the agenda  on gun control.  A special session is the exact strategy employed to enact recreational marijuana legalization.

Governor Michelle Lujan Grisham should reach out immediately to State Senator Joseph Cervantes and Speaker of the House Javier Martinez and broach the subject with them about sponsoring and “Omnibus Violent Crime and Gun Control Act” that could be enacted in the remaining days of the 2023 session or calling a Special Session immediately after when the 2023 Legislative session ends.

The act would include the following gun regulation measures:

• Outlaw possession and sale assault weapon style weapons such as AR-15-style rifles and pistols with magazines of 10 rounds or more making it a third degree felony with a 6 year mandatory sentence.
• Outlaw the sale of “ghost guns” parts.
• Outlaw possession of semiautomatic firearm converters.
• Limit all retail gun purchases of all types of guns per person to one gun per month.
• Institute mandatory extended waiting period to a full month for gun purchases.
• Outlaw the straw purchase of guns for someone who isn’t legally able to make the purchase themselves.
• Outlaw the sale in New Mexico of “bump-fire stocks” and other accessories.
• Allow crime victims to sue gun manufacturers for actual and punitive damages.
• Require the mandatory purchase of “liability insurance” with each gun sold.
• Implement in New Mexico mandatory handgun licensing, permitting, training, and registration requirements.
• Expand gun ownership age limitation to 19 for rifles and shotguns.
• Expand the prohibition of deadly weapons from a school campus to school zones making it a third-degree felony.
• Call for a constitutional amendment to repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a statewide vote and would ensure a healthy debate.

The following crime and sentencing provisions should be included in the “Omnibus Gun Violence And Gun Control Act”:

• Making possession of a handgun by someone who commits a crime an aggravated third-degree felony mandating a 6-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Make it a third-degree felony for failure to secure a firearm mandating a 3-year sentence. Gun owners would have to keep their firearms in a locked container and make them inaccessible to anyone but the owner or authorized users.
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Allow firearm offenses used in a drug crime to be charged separately.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.
• Mandate public school systems and higher education institutions to “harden” their facilities with more security doors, security windows, security measures, including metal detectors at single entrances designated and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.
• Make organized retail crime a specific offense punishable by felony charges when value of goods stolen exceeds certain threshold.
• Cases of juveniles arrested in possession of a weapon are to be referred the District Attorney for automatic prosecution as an adult for sentencing.
• Make it a 3rd degree felony if a person recklessly stores a firearm and a minor gains access to it to threaten or harms someone.

The Omnibus Violent Crime and Gun Control Act must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department.

Until the New Mexico Legislature gets serious about responsible gun control and crime and punishment, the State will continue to suffer high violent crime rates.

On February 6, the online news outlet New Mexico Sun published a 750 word Pete Dinelli guest opinion column entitled “Enact Omnibus Violent Crime and Gun Control Act”.  It is a longer version of a 550word guest column published by the Albuquerque Journal on January 31.

Headline: Enact Omnibus Violent Crime and Gun Control Act

By Pete Dinelli

Feb 6, 2023

“In an effort at “bipartisanship”, Governor Michelle Lujan Grisham held a high-level news conference with top Democratic and Republican legislators to ask for enactment of a wide range of “solutions” to deal with the state’s violent crime. The Governors efforts at “bipartisanship” is commendable but her approach is piecemeal at best.  It does not even come close to what is actually needed to have an impact on preventing gun violence.

 A far more comprehensive approach is what is needed. Enactment of an “Omnibus Violent Crime and Gun Control Act” is needed to deal with the state’s violent crime.

What is needed is a balance between crime and punishment and gun control. The message must be loud and clear. You use a gun during the commission of a crime, or you are negligent with your gun, you go to prison with mandatory enhanced sentences.  

CRIME AND PUNISHMENT

The following crime and sentencing provisions should be included in the “Omnibus Gun Violence And Gun Control Act”:

• Making possession of a handgun by someone who commits a crime an aggravated third-degree felony mandating a 6-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Make it a third-degree felony for failure to secure a firearm mandating a 3-year sentence. Gun owners would have to keep their firearms in a locked container and make them inaccessible to anyone but the owner or authorized users.
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Allow firearm offenses used in a drug crime to be charged separately.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.
• Mandate public school systems and higher education institutions to “harden” their facilities with more security doors, security windows, security measures, including metal detectors at single entrances designated and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers. 
• Make organized retail crime a specific offense punishable by felony charges when value of goods stolen exceeds certain threshold.
• Cases of juveniles arrested in possession of a weapon are to be referred the District Attorney for automatic prosecution as an adult for sentencing.
• Make it a 3rd degree felony if a person recklessly stores a firearm and a minor gains access to it to threaten or harms someone. 

 GUN CONTROL MEASURES

The act would include the following gun regulation measures:

• Outlaw possession and sale assault weapon style weapons such as AR-15-style rifles and pistols with magazines of 10 rounds or more making it a third degree felony with a 6 year mandatory sentence.
• Outlaw the sale of “ghost guns” parts.
• Outlaw possession of semiautomatic firearm converters.
• Limit all retail gun purchases of all types of guns per person to one gun per month. 
• Institute mandatory extended waiting period to a full month for gun purchases.
• Outlaw the straw purchase of guns for someone who isn’t legally able to make the purchase themselves.
• Outlaw the sale in New Mexico of “bump-fire stocks” and other accessories.
• Allow crime victims to sue gun manufacturers for actual and punitive damages.
• Require the mandatory purchase of “liability insurance” with each gun sold.
• Implement in New Mexico mandatory handgun licensing, permitting, training, and registration requirements.
• Expand gun ownership age limitation to 19 for rifles and shotguns.
• Expand the prohibition of deadly weapons from a school campus to school zones making it a third-degree felony.
• Call for a constitutional amendment to repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a statewide vote and would ensure a healthy debate. 

 The Omnibus Violent Crime and Gun Control Act must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department.”

Pete Dinelli is a native of Albuquerque. He is a licensed New Mexico attorney with 27 years of municipal and state government service including as an assistant attorney general, assistant district attorney prosecuting violent crimes, city of Albuquerque deputy city attorney and chief public safety officer, Albuquerque city councilor, and several years in private practice. Dinelli publishes a blog covering politics in New Mexico: www.PeteDinelli.com.

https://newmexicosun.com/stories/639331422-enact-omnibus-violent-crime-and-gun-control-act

The link to the Dinelli Albuquerque Journal guest column is here:

https://www.abqjournal.com/2569022/we-need-to-enact-omnibus-crime-and-gun-law-package.html

______________________________

POSTSCRIPT

ABOUT THE NEW MEXICO SUN

The New Mexico Sun is part of the Sun Publishing group which is a nonprofit. The New Mexico Sun “mission statement” states in part:

“The New Mexico Sun was established to bring fresh light to issues that matter most to New Mexicans. It will cover the people, events, and wonders of our state. … The New Mexico Sun is non-partisan and fact-based, and we don’t maintain paywalls that lead to uneven information sharing. We don’t publish quotes from anonymous sources that lead to skepticism about our intentions, and we don’t bother our readers with annoying ads about products and services from non-locals that they will never buy. … Many New Mexico media outlets minimize or justify problematic issues based on the individuals involved or the power of their positions. Often reporters fail to ask hard questions, avoid making public officials uncomfortable, and then include only one side of a story. This approach doesn’t provide everything readers need to fully understand what is happening, why it matters, and how it will impact them or their families.”

The home page link to the New Mexico Sun is here:

https://newmexicosun.com/

On February 23 and after a 3 hour contentious hearing the NM Senate Finance Committee voted 6 to 5 to approve Senate Bill 11 that will create and fund a new state program that would make payments to employees who take time off for the birth of a child or to attend to serious medical situations for themselves or family members.  Senate Bill 11 is  fiercely  opposed by business groups and Republican legislators who described it as a tax on both workers and employers alike.

Senate Bill 11 is sponsored by Albuquerque area Democrat and Senate Pro Tem Mimi Stewart.   The Senate Finance Committee held a specially convened hearing to hear from members of the Paid Family and Medical Leave Task Force. The task force had representation from advocacy groups, business owners and labor unions that met last summer and issued a final report in October.  The task force drafted SB 11.

HOW IT WILL WORK AND FUNDING REQUESTED

The program would, if enacted, provide up to 12 weeks of paid time off for an employee who has a new child,  is a victim of domestic violence, sexual assault or stalking or has a serious medical illness or to care for a family member with a serious medical illness.

Under the SB11 the Department of Workforce Solutions would administer the program. Employees would pay $5 for every $1,000 of income and employers with 5  or more employees would pay $4 for every $1,000 of income into a fund.  Starting in 2026 the fund  be used to compensate employees who qualify for the paid leave.

Senate Pro Tem Mimi Stewart said she thinks that over time the Department of Workforce Solutions would likely be able to lower the contributions.

The formula to be paid the benefits is 100% of minimum wage plus 67% of wages above minimum wage. Only minimum wage earners would earn their entire pay during the paid leave. The employee requesting time off would have to show documentation to establish the request for the leave and the Secretary of Workforce Solutions can impose fines on anyone who tries to commit fraudulent claims.

Senate Pro Tem Mimi Stewart is asking for $36.5 million in nonrecurring funds from the general fund over the next 2 years. Stewart said that the program once it is up and running by January 1, 2026 would begin paying back the state the money and it is expected to take a full 6 years.

Department of Workforce Solutions Secretary Sarita Nair said her department supported the bill but said the worst-case scenario would be an “unfunded mandate” by the Legislature.

AMENDMENTS OFFERED

Stewart sponsored and introduced several amendments at the beginning of the February 23 hearing which she said were based on recent meetings with the business community.  One  of the amendments cleaned up language to add a definition for Indian Tribes and ensure consistency of that throughout the bill.

Another amendment removed a waiver for businesses that have an equal program to the 12 weeks of paid leave to a waiver for businesses that offer a substantially similar program to the 12 weeks of paid leave.

Stewart also sponsored a changed to the minimum amount of time an employee can take from 4 hours to 8 hours. Stewart said upon completion of an intermittent leave claim, both the Department of Workforce Solutions and the employer would receive a finding and an ending on the claim,

Stewarts amendments passed on a 5-4 party line vote.

REBUBLICAN OPPOSITION

Not at all surprising, Republicans on the Senate Finance Committee expressed strong objections to SB 11.  Republicans expressed concern about small business owners in New Mexico and said this is a “mandate” and that does not need to be imposed.

Farmington Republican State Senator Bill Sharer had this to say:

“[My] real heartburn here, especially as a small business owner myself, is New Mexicans are still struggling. It feels like they just had the snot beat out of them. … We want to be compassionate. … We just don’t want to have our hands tied about how compassionate we have to be.”

Elephant Butte Republican State Senator Crystal Diamond  said she feared a kind of reverse discrimination could happen if the bill is enacted. She said she feared employers would not hire women of child-bearing age because the employer would fear the woman would take up to 12 weeks of paid maternity leave. Diamond raised a rhetorical question and asked this:

“By law, they [employers] shouldn’t discriminate. But if I’m applying for a job, I’m more of a liability for an employer, for women who’ve worked so hard, we’re creating a setback here. By law [the employer] shouldn’t do that. But clearly I’m more of a liability than Senator Sharer if I’m applying for the same job. Do you see how this creates a form of unintended discrimination?”

Senate Pro Tem Mimi Stewart Stewart responded to Diamond saying this:

[T]hat’s what’s happening now. Why do we have half of the women of workforce age not working? They have to stay home with babies. They don’t get help from employers. They fire people. They have to quit because they had a C-section and need 6 weeks off, not one or two. I think this helps women more than men actually. It helps businesses because it’s a way to keep employees and not have to pay. It’s an insurance program. It’s a way to keep employees coming back, keep their job and they want to come back because they’re not getting the whole of their salary, only 67% of it.”

Silver City area Democrat Senator Siah Correa Hemphill who voted “YES”   referenced her experiences as a mother and said the proposal would help women in particular.  Hemphill cited data showing only 53.2% of New Mexico women age 16 and older held jobs over a recent five-year period and said this:

“This bill will protect women in the workplace.”

Last year, New Mexico lawmakers enacted a separate paid sick leave law that also  took effect last year.   Some business groups said the cumulative effect of the policies could prompt some small employers to leave the state. Terri Cole, the president and CEO of the Greater Albuquerque Chamber of Commerce had this to say:

“If you pass this bill, New Mexico will become more corporate and less unique.”

In response to Cole, Senator Stewart said about two-thirds of the state’s roughly 44,000 businesses with more than one employee would not have to pay into the leave fund, though their workers would have to do so.

LEGISLATIVE FINANCE COMMITTEE ANALYSIS SUGGEST $516 MILLION DEFICIT

Opponents of  Senate Bill 11 cited a Legislative Finance Committee (LFC)  analysis that said the Paid Family and Medical Leave Task Force likely underestimated how many people would file and take paid family leave under the proposed law.  The LFC bill analysis projected the fund could face a $516 million deficit by the 2028 budget year. It’s an amount that could cause the state Workforce Solutions Department to order an increase in the premium amount that businesses and employees would have to pay into the fund.

Supporters of Senate Bill 11  insist the bill has been thoroughly vetted and said it could actually help businesses by providing a level playing field across the state. Supporters dispute the LFC  analysis saying it relies on U.S. Department of Labor surveys about the federal Family and Medical Leave Act which requires employers to provide up to 12 weeks of unpaid leave in certain circumstances  and not on other states’ experiences with paid family leave laws. Senator Mimi Stewart said this:

“We want employees to want to go back to work. … The “[fiscal impact report]  is wrong. … It used an inaccurate study.”

Gallup area State Senator George Muñoz was the sole Democrat to vote against the bill even though he voted against a motion to table the bill.   Muñoz said  he opposed Senate Bill 11 because the Fiscal Impact Report questions “the solvency of the fund and we need to fix that.”

Senate Bill 11 will now go to the Senate floor for a final vote and if it passes the Senate, it goes onto the House.

Links to quoted and relied upon news sources are here:

https://nmpoliticalreport.com/2023/02/24/paid-family-and-medical-leave-bill-heads-to-senate-floor/

https://www.abqjournal.com/2575962/paid-family-bill-advances-to-senate-floor-but-fight-appears-far-from-over.html

Some New Mexico employers already provide paid family leave, and could decide whether to join the state program, as long as they offer similar benefits. Under a 2019 executive order issued by Gov. Michelle Lujan Grisham paid family leave is already required of some employers and the list of employers  includes the University of New Mexico, Netflix and the state of New Mexico. However, the Governor  has not taken a stance on Senate Bill 11 with a spokeswoman saying  she was still evaluating the proposal.

COMMITTEE VOTE PROMPTS SENATE FLOOR OUTBURST DELAYING FLOOR PROCEEDINGS

On February 24, Senate Republicans on the Senate floor challenged as inappropriate the manner and method the Senate Finance Committee voted 6 to 5 to approve the Paid Family and Medical Leave  SB 11.  Pandemic-related rules and the Senate Finance Committee vote on paid family leave bill prompted Senate Republicans to slow virtually all Senate floor proceedings to a crawl. The Republican  delay tactics included a 30-minute mini-filibuster by Farmington Republican Senator William Sharer and requests that bills being voted upon be read in their entirety.  The reading of pending legislation before a vote is taken is usually “suspended” or waived by a sperate vote so as to save hours of time with the underlining presumption that legislators have already read and understand the legislation they are about to cast their final vote on.

The Republican procedural protests caused Senate Democratic leaders to cut short the day’s planned floor session.  It  halted action on the 178-page elections reform bill that was on the daily agenda, legislation also strenuously opposed by Republicans so Republican’s were able to delay two major Democrat initiatives with their obstructionist antics.

The Senate floor dispute centered on Republican false accusations that Senate Democrats broke a Senate procedural rule during the February 24 Senate Finance Committee hearing  when the final committee vote on the  Paid Family and Medical Leave bill was cast via telephone by Senator  Roberto “Bobby” Gonzales, D-Ranchos de Taos, who is self-isolating at his home because of COVID-19.  Under the Senate procedural rule in question, senators who have tested positive for COVID-19 can participate remotely and also vote  on bills, but only if they are “visually present” via online technology.

During the committee hearing, Gonzales voted “YES” on the legislation joining 5 other Democrats in voting in support resulting a 6-5 vote after Democrat Senate Majority Whip Michael Padilla called him and then held his phone close to a committee microphone to record the vote, but was not visually present on the committee’s webcast. Not once did anyone on the committee even suggest that someone else was on the telephone line nor that they did not recognize the voice.

Senate Republican Minority Leader Greg Baca of Belen said on the Senate Floor
“That’s well outside the Senate rules.” Senate Minority Whip Craig Brandt, R-Rio Rancho for his part self righteously said “We have rules for a reason.”  There is also obstruction that goes on for a reason.

Democrats strongly defended the legality of the committee vote.  Senate Finance Committee Chairman George Muñoz  said  Gonzales had been participating in the committee hearing via zoom before encountering technical difficulties while trying to vote.

Republicans argued the bill should be sent back to the committee for another vote, but their attempt to do that was rejected by the entire State Senate on a party-line vote.  The Senate vote triggered the requests for bills to be read in their entirety. This led to the Senate’s official reader, Harry Montoya  to read aloud much of a 37-page licensing bill before the request was dropped.

The link to the relied upon and quoted news source is here:

https://www.abqjournal.com/2576245/did-a-vote-via-telephone-violate-a-senate-rule-republicans-say-yes-and-want-a-revote.html

COMMENTARY AND ANALYSIS

There is no getting around it. Republican votes and obstructionist antics to derail the Paid Family and Medical Leave bill and other Democrat legislation go way beyond mere “loyal opposition.”  Simply put, when Republicans find themselves on the losing end of a vote, they will go to any lengths to obstruct the business of the majority without seeking any compromise nor concessions.

Democrats and the voting public need to remember that it was Republican Senator William Sharer, R-Farmington who effectively killed the Democrat House sponsored  Voting Rights Bill last year with a filibuster on the Senate floor. Last year the Voting Rights bill had the endorsement of Governor Michell  Lujan Grisham, Secretary of State  Maggie Talouse Oliver and Democratic leadership measure. In order to run out the clock on the 2022  legislative session, Sharer talked about San Juan River fly-fishing, baseball rules, Navajo Code Talkers and the celestial alignment of the sun and moon during his lengthy filler buster on the Senate floor and it worked.

Republican Shaerer and his Republican colleagues are once again doing whatever they can, where ever they can,  to stop the passage of Democrat initiatives.  Democrat initiatives  Republicans  oppose this year include the Paid Family and Medical Leave Act, this years HB 4  Voting Rights Act and  HB 7  the Reproductive and Gender-Affirming Healthcare Act that prohibit discrimination in reproductive healthcare and gender-affirming healthcare and that prohibits  municipalities and counties from passing ordinances that directly or indirectly discriminate against either reproductive and gender-affirming care.

Democrats in the 2023 legislative session hold a 45-25 majority in the House and a 27-15 edge in the Senate and this year’s session is a 60 day session.  With less than 3 weeks left of the 2023 legislative session, Senate and House Democrats need to move as quickly and as aggressively as possible to get a final votes on all of their pending legislation in order to avoid embarrassing Republican filibusters. If not, they will have only themselves to blame.

Governor Michelle Lujan Grisham for a second time is advocating major changes to the state’s  criminal justice pretrial detention system  in the form of enacting “rebuttable presumption” to make it easier to hold defendants accused of violent crimes until trial.  The legislation would create a “rebuttable presumption” of dangerousness for defendants charged with violent crimes and that they be held without bond pending trial.

The aim of “rebuttable presumption” is to make it easier for more defendants to be held in custody before they’ve been convicted and to keep them from committing new crimes. Proponents of rebuttable presumption say it will reduce violent crime.  Opponents of rebuttable presumption say courts can already keep a defendant behind bars and that reputable presumption shifts the burden of proof to defendants and violates the basic constitutional right of presumption of innocence until proven guilty.

District Attorneys throughout the state have argued the changes to the bail bond laws, as well as rules imposed by the New Mexico Supreme Court, make it way too difficult for them to do their jobs and prove to a judge that a defendant poses a threat to the public justifying that a violent felon be denied bail and be held in custody pending trial. As crime rates increased judges were accused of allowing “catch and release of violent felons”.

Over the last 6 years, prosecutors, law enforcement and elected officials have repeatedly slammed judges and the court system for letting out until trial those accused of violent felonies, particularly when they re-offend. Judges are bound by the Code of Judicial conduct and no judge can comment and defend themselves on any pending case or even make any kind of an attempt to publicly defend themselves in the court of public opinion.

https://www.abqjournal.com/1318399/da-to-unveil-new-pretrial-detention-proposal-ex-some-defendants-would-have-to-prove-they-should-be-released-pending-trial.

LAWMAKERS BLOCK REBUTTABLE PRESUMPTION

On February 15 the New Mexico Senate Health and Public Affairs Committee voted narrowly on a 4-3 vote to table Senate Bill 123 the rebuttable presumption bill sponsored by State Senator Linda Lopez. The bill would have directed judges to presume that defendants charged with certain crimes, such as first-degree murder and felony child abuse, are too dangerous to release before trial, subject to rebuttal by defense attorneys thereby shifting the burden of proof to the defense.   Senate Bill 123 outlined serious violent felony offenses charges that would trigger a “rebuttable presumption against release” of the defendant.  Under the bill, a judge could still order the person released if the defense offered arguments that outweighed the presumption. Legislative analysts estimated the bill could cost the state about $15 million a year in additional detention costs.

Committee Republican lawmaker members supported the measure while Democrats members were split.  Voting in favor of tabling  Senate Bill 123, thereby killing the measure, were Democratic Sens. Gerald Ortiz y Pino of Albuquerque, Brenda McKenna of Corrales, Bill Tallman of Albuquerque and Sedillo Lopez of Albquerquerqu. Voting to oppose tabling the bill were Republican Sens. Gregg Schmedes of Tijeras and David Gallegos of Eunice, in addition to Democrat Senator Moe Maestas, a former state prosecutor.

The committee’s vote to table the bill keeps it from advancing further and is likely a fatal blow.  However, the committee could vote to reconsider, which is not likely, or it could be resurrected in separate legislation which is in fact pending.

OPPOSITION TO REUBTABLE PRESUMPTION

During the Senate Committee hearing, opponents of Senate Bill 123 said the bill would violate the rights of people accused, but not convicted, of a crime. It was argued that serious violent crime charges alone are not a good predictor of whether a defendant will commit a new crime upon release.

Opponents of Senate Bill 123 included the American Civil Liberties Union of New Mexico and the Law offices of the New Mexico Public Defender office.  Kim Chavez Cook of the Law Offices of the Public Defender outlined a series of recent state Supreme Court decisions that she said suggest the “rebuttable presumption” approach based solely on a person’s charges wouldn’t survive a legal challenge. Cook said this:

“We need to find a solution that does not violate our state Constitution.”

Albuquerque area Democrat State Senator Antoinette Sedillo Lopez, a retired UNM law professor, for her part  said this:

“There’s nothing that shows this statute is actually going to make us safer than what’s happening now. … I believe our system is worse if we convict innocent people and we hold innocent people [pending trial].”

SUPPORT FOR REUBTABLE PRESUMPTION

Albuquerque Democrat State Senator Linda Lopez, a co-sponsored of the bill, told the committee about the terror she and her family suffered when her own home was shot at in a politically motivated attack.

Albuquerque area Democrat Sen. Antonio “Moe” Maestas, who has worked as a prosecutor, said it’s clear New Mexico needs more aggressive monitoring of defendants who are released before trial.  Maestas suggested judges in the Albuquerque area have sometimes set the bar too high by rejecting detention motions filed by prosecutors.   Maestas also argued the bill would intrude into the domain of the judiciary.  Notwithstanding his reservations, Maestas voted NOT to table the legislation.

DA SAM BREGMAN SUPPORTS WHAT GOVERNOR WANTS

Democrat Bernalillo County District Attorney Sam Bregman, who was appointed on January 3  to his job by Governor Michelle Lujan Grisham testified before the committee alongside of State Senator Linda Lopez, the  sponsor of the legislation,  in favor of the reputable presumption bill.  Bregman told committee members:

“[New Mexico’s] pretrial system is broken … plain and simple. … I’m not blaming anybody. I’m asking for help.”

This coming from former high-profile defense attorney Sam Bregman who for decades made a lucrative living defending defendants who were released pending trial, including one former APD police SWAT officer who was charged with killing homeless camper James Boyd.  As a criminal defense attorney, Bregman never said New Mexico’s pretrial system is broken.  He is  known for taking advantage of it whenever he could as a defense attorney to help his clients stay out of jail pending their trial.  Now that he is responsible in part for making the criminal justice system work, he changes his tune.

Bregman was confronted by Democrat State Senator Joseph Cervantes, the Chairman of the Senate Judiciary Committee and a highly respected trial attorney, who in no uncertain terms asked Bregman point blank why Bregman was supporting a rebuttable presumption measure that Bregman knows is unconstitutional.  Bregman made history for being at a loss for words and gave no credible answer. It is unknown what promises DA Bregman made to Governor Michelle Lujan Grisham to secure his appointment as Bernalillo County District Attorney.   It is more likely than not Bregman agreed to support “rebuttable presumption” despite whatever reservations he had as a private defense attorney given that the Governor has made passage of it a priority.

Another promise Bregman likely made to the Governor was to serve only 2 years as Bernalillo County District Attorney and not run for reelection.  Two  years is no way  long enough to correct the deficiencies in the Bernalillo County District Attorneys office, no matter how great or bombastic Bregman is as an attorney in a courtroom.  At least Governor appointed Bernalillo County District Attorney Sam Bregman is not pointing fingers at the courts as being the cause of our high crime rates which is something his predecessor Raúl Torrez did for the 6 years to embellish his reputation so he could run for Attorney General.

It’s DA Office conviction rates that really matters when it comes to reducing crime.  District Attorney Sam Bregman would be wise to concentrate on fixing his own broken office that is now his for 2 years after being appointed by the Governor.  The Bernalillo County District Attorneys’ Office has a 65% combined dismissal, acquittal and mistrial rate with cases charged by grand juries. A report prepared by the Second Judicial District for the New Mexico Supreme Court showed in part how overcharging and a failure to screen cases by the District Attorney’s Office was contributing to the high mistrial and acquittal rates.

As of November 21,2022, according to the New Mexico State Government Sunshine Portal, the Bernalillo County District Attorney’s Office has a $30,350,800 million operating budget with an adjusted operating budget of $36,680,800 which includes all sources of financing including federal grants.  The office is budgeted for 337 full time positions.  The office is fully budgeted for 102 attorneys  who are “at will” and 255 other “classified” employees consisting of paralegals, administrative assistants, victim advocates, investigators, IT managers and personnel and finance division personnel who can only be terminated for cause under the state personnel rules and regulations. 276 of the positions are “active” meaning filled. The office has an alarming 61 vacancies, which includes attorney vacancies. The number of vacancies in the office is larger than most other District Attorney’s offices in the state.

Bregman said he has hired 13 additional attorneys since he took office 7 weeks ago which is a good start bringing to 85 the number of prosecutors in the DA’s office which means he still has 17 attorney vacancies. (102 fully funded positions – 85 filled positions filled = 17 vacancies).  Bregman  said he plans to hire an additional 40 prosecutors this year, but that is easier said then done given the high turn over rate of the office and the need for a substantial increase of the DA budget by the 2023 legislature.

What is also a positive sign is that there has  been a major uptick in the scheduling of criminal trials in 2023 by the Second Judicial District Court. But for how long the uptick in jury trials will continue remains to be seen.  District Court Judge Brett  Loveless, who oversees the 2nd Judicial District Court’s criminal division had this to say:

“I do think that there will be an uptick in trials.  Whether it will be as substantial as nine a week, on average, remains to be seen. And if it is, I think it will be short-lived.”

Links to quoted news source material are here:

https://www.abqjournal.com/2574736/surge-in-trials-packs-bernalillo-courthouse.html

https://www.krqe.com/news/politics-government/murder-case-backlog-prompts-increased-trials-in-2022/

OTHER LEGISLATION PENDING

There are two other pretrial-detention measures still pending. One is House Joint Resolution 9 calling for a constitutional amendment to make more defendants eligible for pretrial detention. It’s sponsored by Republicans Reps. Andrea Reeb of Clovis, Bill Rehm of Albuquerque and Stefani Lord of Sandia Park. Joint Resolution 9 has cleared one House committee and is awaiting action in another. If approved by lawmakers, it would go to voters.

The second proposal is Senate Bill 174  sponsored by Republican Senator Gregg Schmedes of Tijeras. Senate Bill 174 is very similar to Senate Bill 123  tabled by the committee. It centers on pretrial defendants charged with new crimes. If enacted, it would require and direct judges to presume that a defendant who is charged with first-degree murder while out on pretrial release is too dangerous to release again subject to rebuttal by defense attorneys. There is also a provision in the bill dealing with defendants who pick up other new charges. Senate Bill 174 cleared one Senate committee and is awaiting action in another.

The link to quoted and relied upon news source material is here:

https://www.abqjournal.com/2573671/new-mexico-lawmakers-block-pretrial-detention-bill-citing-legal-questions.html

COMMENTARY AND ANALYSIS

Many legislators remain very skeptical of rebuttable presumption. Las Cruces area Democrat Senator Joseph, a highly respected and seasoned trial attorney in his own right  and the Chairman of the influential Senate Judiciary Committee, said he believes the current system is largely working as intended under a 2016 bail reform constitutional amendment.  Cervantes described a rebuttable presumption as a “unconstitutional shortcut.” Cervantes in the past has said not all of New Mexico is beset by crime.  He cited Sunland Park as one of the state’s safest communities and said this:

“We operate under the same laws as the rest of the state, and we have entirely different outcomes.”

LEGISLATIVE FINANCE COMMITTEE DISCREDITS REBUTABLE PRESUMPTION

It was last year on January 20, 2022 the powerful Legislative Finance Committee released a 14-page memo analysis of the proposed “rebuttable presumption of violence” legislation for  pretrial detention. The report was also a status update on crime in Bernalillo County, law enforcement and bail reform.

LFC analysts found that low arrest, prosecution and conviction rates have more to do with rising violent crime rates than releasing defendants who are awaiting trial. The LFC report called into serious question if violent crime will be brought down by using a violent criminal charge to determine whether to keep someone accused of a crime in jail pending trial.

According to the LFC report, rebuttable presumption is “a values-based approach, not an evidence-based one.” The LFC report said  that while crime rates have increased, arrests and convictions have not. It goes on to say the promise of “swift and certain” justice has a more significant impact on crime rates and  that rebuttable presumption does not.

The LFC memo states in pertinent part:

“Research shows the certainty of being caught is a more powerful deterrent to crime than severity of punishment. … For the criminal justice system, this means it is important to prioritize solving crimes and securing convictions, particularly for serious offenses… Neither arrests nor convictions have tracked fluctuations in felony crimes, and in 2020 when felonies began to rise, accountability for those crimes fell.

…
“Albuquerque’s violent crime rate rose by 85% from 2012 to 2017 and has since remained stuck at a persistently high level. … Over the same time period, arrests for violent offenses rose by only 20%, resulting in a widening accountability gap for the most serious offenses. Closing this gap should be the key legal goal for APD and the 2nd Judicial District Attorney’s Office.”

The LFC memo states that the percentage of cases that ended with a conviction in 2011 was 80% compared to 59% in 2020. The LFC memo did say the conviction rate deduction could be partly explained by the implementation of case deadlines or bail reform, which resulted in fewer plea deals since people were not being held in jail and had less incentive to enter a plea in a case. According to the report:

“Low conviction rates compromise the certainty of justice and suggest law enforcement agencies and prosecutors need collaborative strategies to improve communication and to build better cases and bring them to swift resolution.

FINAL COMMENTARY

The Governor’s and Legislator’s continued support of Rebuttable Presumption for pretrial detention is a real waste time. They need to turn their attention elsewhere where it will do some good and that would be  enhancement of the  sentences of violent criminal in cases where they have actually been convicted and not merely holding pending their trial.

The following enhance sentencing provisions should be considered by the New Mexico legislature:

Making possession of a handgun by someone who commits a crime an aggravated third-degree felony mandating a 6-year minimum mandatory  sentence.

Increase the firearm enhancement penalties for the conviction of the sale and distribution of illicit drugs and for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.

Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is brandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years

Make it a third-degree felony for failure to secure a firearm mandating a 3-year sentence. Gun owners would have to keep their firearms in a locked container and make them inaccessible to anyone but the owner or authorized users.

Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.

Allow firearm offenses used in a drug crimes to be charged separately.

Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

Cases of juveniles arrested in possession of a weapon are to be referred the District Attorney for automatic prosecution as an adult for sentencing.

Make it a 3rd degree felony if a person recklessly stores a firearm and a minor gains access to it to threaten or harms someone.

The message must be loud and clear to the violent criminal:  You use a gun or weapon during the commission of your crime, especially fentanyl drug dealing, you go to prison with mandatory enhanced sentences for a very long time.