STEPS TAKEN TO REDUCE HARM OF FAILED "WAR ON DRUGS"
by Governor Gary E. Johnson, Governor of New Mexico
On March 1, l signed five drug reform bills passed by the 2002 Legislature that are steps towards reducing the harm caused by the failed “war on drugs.” I think these bills are common sense drug reforms, and I commend New Mexico's legislators for passing them.
These bills, I believe, will head New Mexico in the right direction—helping to treat people with drug problems rather than locking them up in prison. The bills will improve public health and fiscal responsibility.
Here is a brief synopsis of the five bills sponsored by New Mexico Legislators:
SB 5: Forfeiture Act (Senator Manny Aragon, D-Albuquerque)
This bill will amend the current law allowing police officers to seize property used in certain crimes by requiring criminal conviction prior to loss of property, a court order before property seizure, and proof by clear and convincing evidence that the property is subject to forfeiture.
Under this bill, a person whose property is seized will be provided certain guarantees with regard to the forfeiture proceeding. Money obtained by the state from property seizures will go into the state’s general fund, instead of directly into the funds of the law enforcement entity that accomplished the seizure.
HB 26 Sentencing of Habitual Offenders (Rep. Ken Martinez, D-Grants)
Current law in New Mexico provides that if a prosecutor charges an offender as a “habitual offender,” the sentencing judge must apply an enhancement to the person’s sentence. This bill will provide that the sentencing judge would have the discretion to enhance the person’s sentence, but will no longer be mandated to do so automatically in every case.
HB 11 Medicaid for Convicted Drug Offenders (Representative Joe Thompson, R-Albuquerque)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, a federal law passed in 1996, gives states the option to allow individuals who have fully completed their sentences for drug offenses to once again qualify for federally funded benefits, such as TANF and food stamps. Because these benefits are often important to people transitioning back into the community and getting back on their feet, 29 states have opted to do so already. This bill will provide for such a waiver in New Mexico.
SB 129 Drug Treatment for Convicted Offenders (Senator Linda Lopez D-Albuquerque)
(This bill is identical to HB 11: Medicaid for Convicted Drug Offenders. The description of SB 129 is the same as HB 11)
HB 263 Corrections Population Control Act (Representative Mimi Stewart D-Albuquerque)
This bill will create the Population Control Commission to address the problem of overcrowding in our correctional institutions and help migrate the accompanying public safety concerns.
The commission is to be composed of seven individuals, including the Secretary of Corrections, appointed by the Executive, the Judiciary, and the Legislature. The commission will be empowered to consider early release of non-violent drug offenders who are within 180 days of their release date from facilities with a prison population over 100% capacity. If an inmate under consideration for early release failed a drug test within ten days of scheduled release or committed a crime while incarcerated, that person would be automatically ineligible. Furthermore, if the early release would result in a loss of federal funds to any agency in the state, the release in question would be cancelled.
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