NARSOLs “Registry Matters” Podcast

Dear friend,

We have published a new article on our website : Registry Matters Episode 76: Social media ban upheld by 8th circuit for supervised release + Guy’s cats

RM76: Social Media Ban Upheld by 8th Circuit for Supervised Release + Guy's Cats

We were joined by Guy Hamilton Smith on this episode of Registry Matters! Guy brings an incredibly insightful point of view about the policies surrounding the registry.  We also cover: A listener question about being coerced into taking a polygraph – can you refuse and what would happen if you did so? A man with […]

You can read the full article by clicking this link : https://narsol.org/2019/05/registry-matters-episode-76-social-media-ban-upheld-by-8th-circuit-for-supervised-release-guys-cats/

 

 

P.O. Box 36123
Albuquerque, NM 87176
Phone: 888-997–7765

  

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Seeking Plaintiffs for NM Law Suit

The board of directors of Liberty & Justice Coalition is excited to announce that the Internal Revenue Service has granted us 501(c)(3) status as of January 9, 2019. This means all future support is now tax deductible, and any donation made after the effective date of the determination qualifies. If you have not supported us yet this year, this is a good time to do so.   Visit our website,  https://libjusco.net/  and donate.

LJC is now prepared to address some serious injustices facing New Mexico’s sex offender community and registrants because we now have funding to compensate our attorneys. We are preparing to launch our first lawsuit in the next 60 days. The lawsuit will seek to force the New Mexico Department of Public Safety (DPS) to provide a due process mechanism to those with non-New Mexico convictions. New Mexico law requires that an out-of-state conviction be “equivalent” to an offense on our list of registrable sex offenses. Despite this unambiguous language, the DPS has failed to provide a process, and we now have more than 500 in the category of “waiting for translation” listed on the website.

We have tentatively identified four areas of litigation:

  1. A Declaratory Judgment seeking a due process mechanism for translation of out of state offenses by the Department of Public Safety;
  2. Litigation to challenge the Parole Board for failing to release those who have served their time only because the parolee is unable to provide an acceptable address;
  3. A Declaratory Judgment seeking credit for time on registration dating back to enactment of retroactive registration requirements;
  4. A Declaratory Judgment to strike down the blanket imposition of GPS monitoring as violative of due process without individualized determination of need for such monitoring; and
  5. A possible fifth case is the state's failure to hold hearings as required by statute when the parolee has served five years of supervision.

We need your help to find the best possible plaintiffs for the first lawsuit. If your offense occurred in any state other than New Mexico, we will consider you as a possible plaintiff. The sole issue in the lawsuit is the lack of due process in making the equivalency determination. We will not be asking the court to determine whether or not the terms of registration are too harsh for a particular offense. Rather, we will be asking that the state be compelled to provide due process for making the determination. A proper determination of equivalency can be significant because: (1) the person’s out of state offense may not be registerable at all in New Mexico; or (2) the offense should be a 10-year registration period rather than lifetime. If you are interested in being considered, contact Larry via email at   [email protected]. You may also call me, Rick, at 505 832-4291.

THANK YOU for Helping Us, Help Us All!

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2019 Legislative Update #9

Legislative Update #9, March 17, 2019

The 2019 session concluded at noon Saturday March 16th and we are providing a short report with more details to follow in the coming days. The pace of activity during the final week got very hectic and your LJC team was in the capitol working until late Friday. We are pleased to report that our optimism regarding criminal justice reform proved true. Several good bills did pass and most of the really misguided bills were defeated.

 HB 342:  CRIMINAL JUSTICE REFORMS

The omnibus criminal justice reform legislation passed with overwhelming bipartisan support.

Final House Vote:      61-0    

Final Senate Vote:     39-0    

HB 564:  PROBATION/PAROLE REFORMS

This bill provides for good time for those on probation and parole and had bipartisan support. A more comprehensive analysis will be provided.

Final House Vote:      51-16

Final Senate Vote:     26-6

 HB 370:  LIMITED EXPUNGEMENT OF ARREST/CRIMINAL RECORDS

We are excited to report that the bill passed and is on the governor’s desk. Unfortunately, it did not have the broad bipartisan support we would have hoped to see. A significant number of Republicans opposed the bill in both chambers. Because there was opposition, it is our hope that this governor will not veto the bill which means we need your help now. Call Governor Lujan Grisham’s office at 505 476-2200 and encourage her to sign the legislation. We cannot suffer the same fate as we did with similar bills which we vetoed by Governor Richardson and Governor Martinez due to opposition from the business community.

Final House Vote:      52-17

Final Senate Vote:     28-13

SB 55:  STATUTE OF LIMITATIONS

Partial Victory! We have the most information on this bill because it was LJC’s top legislative priority. The trend throughout the country is abolish or significantly extend he statute of limitations so we knew it was a matter of time before we could no longer stop this train, but we did an amazing job with our allies in improving a bad bill. The final compromise will increase the statute of limitations to age 30 for only the crime of criminal sexual penetration. The original proposal was to have no time limit at all.

Final House Vote:      65-0

Final Senate Vote:     24-15

 SB 96: BAN THE BOX

This bill is a first step in ending discrimination by banning the box on all employment applications. Prospective employers may still inquire about criminal history later during the hiring process if they are interested in the individual. Based on previous comments from the governor’s office, we believe she is inclined to sign this legislation. Call Governor Lujan Grisham’s office at 505 476-2200 and encourage her to sign the legislation.

Final House Vote:      45-15

Final Senate Vote:     28-11

SB 323:  PENALTIES FOR POSSESSION OF MARIJUANA AND OF DRUG PARAPHERNALIA

This bill is on the governor’s desk. It will dramatically reduce the penalties for possession of small amounts of marijuana and paraphernalia.

Final House Vote:      44-20

Final Senate Vote:     30-8

 

Dead Bills

 HB 307 The intent of the bill is to significantly increase penalties for sexually related offenses as well as the registration periods for corresponding crimes. The proposal is dead for this session, but it will return in a future session which means we will have to fight it again.

HB 104 The proposal would extend the statute of limitations on certain offenses. This proposal will return because the law enforcement apparatus will not stop trying to abolish the statute of limitations.

The full text of all bills is available on the New Mexico Legislative website (bill tracker). Go to www.nmlegis.gov/Legislation/BillFinder/Number.

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2019 Legislative Update #8

Legislative Update #8, March 10, 2019

The 2019 session is moving into the final few days and our legislators are working extremely long hours. The session concludes at noon on Saturday March 16th. The pace of activity has been so hectic over the past week we can barely track the action. We are grateful that there is no SORNA bill pending because we have been busy with other legislation. We began this session optimistic that some criminal justice reform measures would pass. It now all but certain that there will be some good legislation sent to the governor.   

HB 342:  CRIMINAL JUSTICE REFORMS

We are pleased that HB 342, the omnibus criminal justice reform legislation, has nearly completed the journey and will become law if the governor approves. Thanks to a wise strategic decision by the sponsors to split what began as a larger bill into two parts, it is almost certain that HB 342 will reach the governor. The final remaining step is that the bill must return to the House of Representatives for concurrence because the Senate made changes. The separation of the bills was done to prevent HB 342 from dying due to anticipated opposition to the second component which gave relief to those on probation and parole.

HB 564:  PROBATION/PAROLE REFORMS

The anticipated opposition did materialize on HB 564 and the bill may not make it to the governor. It has cleared the House of Representatives after being watered down due to howls from families of victims and advocacy organizations. HB 564 is now in the Senate facing two hearings which means it will be difficult to make it to the finish line by Saturday. LJC supports the legislation and we will continue to try to move the legislation through the process.

HB 370:  LIMITED EXPUNGEMENT OF ARREST/CRIMINAL RECORDS

We are excited to report that the bill passed the full House on February 26th by a vote of 52-17. The bill is now in the Senate where has received a “do pass” recommendation from both committees and is now on the Senate calendar awaiting a final vote.  LJC feels that enactment of this legislation is long overdue because arrest records and criminal convictions are a significant barrier to employment and living a productive life. LJC feels confident that the full Senate will approve the measure and it will soon be on the governor’s desk. It is our hope that this governor will not veto the bill. That is the fate we suffered with previous expungement bills under Governor Richardson and Governor Martinez.

SB 55:  STATUTE OF LIMITATIONS

Sponsored by Senator Jeff Steinborn (D) from Dona Ana County. This bill would increase the statute of limitations for many crimes. Abolition of the statute of limitations is a top priority of victim advocacy organizations which makes it difficult to stop. We did reduce the potential reach of the bill in the Senate Judiciary Committee (SJC) from what was originally proposed. The Senate revisions reduced the time permitting an accuser to come forward to age 35. Existing law tolls the statute of limitations until the minor reaches age 18 and generally permits six years for the alleged victim to come forward. The bill is now awaiting a hearing in the House Judiciary Committee. LJC will continue trying to amend the bill or kill the proposal altogether.

SB 96: BAN THE BOX

This bill is sponsored by Senator Bill O’Neill (D) from Bernalillo County. This legislation states that “the employer shall not make an inquiry regarding an applicant's conviction on the employment application but may take into consideration an applicant's conviction after review of the applicant's application and upon discussion of employment with the applicant. The bill was approved by the full Senate and is now in the House of Representatives. It was heard on Wednesday by the House Labor, Veterans' And Military Affairs Committee and received a “do pass” recommendation. It has one more committee to clear before it goes to the full House for a final vote. LJC strongly supports this legislation as it represents a first step in eradicating employment barriers. 

SB 323:  PENALTIES FOR POSSESSION OF MARIJUANA AND OF DRUG PARAPHERNALIA

This bill is sponsored by Senator Joseph Cervantes (D) from Dona Ana County. It would dramatically reduce the penalties for possession of small amounts of marijuana and paraphernalia. The bill was approved by the full Senate and is now in the House of Representatives. Time is running short to get the proposal through the House of Representatives before adjournment because it must clear the House Judiciary Committee and the full House before noon on Saturday. LJC supports this legislation because harsh penalties for simple possession are detrimental to society.

BILLS LIKELY DEAD

 HB 307 The intent of the bill is to significantly increase penalties for sexually related offenses as well as the registration periods for corresponding crimes. For all practical purposes, the proposal is dead for this session, but it will return in a future session because the sponsor will not give up.

HB 104 This bill is dead for this session. The proposal would extend the statute of limitations on certain offenses. This proposal will return because the law enforcement apparatus will not stop trying to abolish the statute of limitations.    

HB 190 This legislation is probably dead for this session. The intent is to issue permanent no contact orders to restrain convicted sex offenders. We can be certain that this legislation will return in a future session because the sponsor will not give up.   

The full text of all bills is available on the New Mexico Legislative website (bill tracker). Go to www.nmlegis.gov/Legislation/BillFinder/Number.

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