By Esteban Candelaria
The Santa Fe New Mexican
SANTA FE, N.M. — It’s what you do with your time that makes it matter.
That sentiment is at the center of a draft bill presented to lawmakers on the Courts, Corrections and Justice Committee on Wednesday aimed at modernizing the New Mexico Parole Board.
The measure would adjust pay for its members and require them to base their decisions more on how inmates spend their time in prison than the crime they committed. The bill was developed in collaboration with the state parole board, Executive Director Roberta Cohen wrote in an email, and will be sponsored in the 2025 legislative session by Sen. Leo Jaramillo, D-Española.
“We’re focusing on the areas that have [taken place] to ensure that this individual is successful when they come out, that they’ve taken steps to be productive members of society, and that they’re set up to succeed,” Jaramillo told The New Mexican.
As written, the bill would replace a requirement for the parole board to take into consideration whether a deadly weapon was used in committing the crime with one calling for them to consider whether the inmate has complied with the rules of the prison, including completing educational programs.
The proposal would also replace language calling for the board to consider whether the inmate was a habitual offender with language requiring them to consider whether the inmate has demonstrated “maturity, rehabilitation and a fitness to reenter society.”
During the committee meeting, American Civil Liberties Union of New Mexico staff lawyer Denali Wilson said such changes would help to shift the focus from “static factors” — things that cannot be changed, such as the nature of the crime or whether a deadly weapon was used — to “dynamic” ones, including how the inmate behaved while in prison.
In an interview after the meeting, Wilson noted the role of the parole board is not to be “judge and jury,” but to protect the community and facilitate safe transitions for people reentering society. She added, the board will always think about the original crime and circumstances surrounding it.
“When we see people 30 years after a crime, it doesn’t really make sense to just retry the crime, right? Really, our question should be, ‘Are you able to reenter society?’ ” Wilson said. “And the answer to that question has very little to do with what happened 30 years ago, and much more to do with what you’ve done with your time.”
The bill would also adjust pay for members of the parole board, allowing them to be paid for administrative services performed outside of a scheduled meeting or hearing. Under the bill, members could receive $45 per day when they work less than four hours and $95 for days when four hours or more are worked.
Those numbers, Wilson said during the committee meeting, are meant to mirror the state Per Diem and Mileage Act. Rep. Micaela Lara Cadena , D- Mesilla , encouraged Wilson to reexamine the compensation rate to account for inflation.
“These compensation rates seem very low,” she said. "... And specifically, because you’re putting dollars and cents in statute, of course, by the time the ink dries, these are going to be undervalued again.”
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In her email, Cohen called pay for parole board members a “longstanding issue of fair compensation.
“Our members have dedicated their expertise to making important decisions about public safety, and it is time to ensure their valuable contributions are compensated appropriately,” she wrote.
The bill received early support from House Majority Leader Gail Chasey, D- Albuquerque, during the committee meeting. She said she supported the idea of better pay for parole board members and the focus on the way inmates have spent their time in prison.
“We can honestly look at how well the inmate has completed his or her sentence and whether or not the inmate is actually ready to reenter society safely and contribute to society, rather than refocusing on what the crime was,” Chasey said.
The bill also includes provisions geared toward the families and representatives of victims, requiring the parole board to hear from them if they choose to participate and creating a new section of law calling for the board to refrain from scheduling hearings on or near the birth or death anniversaries of homicide victims.
“We also recognize the importance of sensitivity when scheduling hearings,” Cohen wrote. “We aim to avoid dates which may hold emotional significance for victims, and codifying this practice will further ensure their voices are heard and respected throughout the hearing process.”
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