LFC provides update on crime in BernCo and makes suggestions

A report from the Legislative Finance Committee says that New Mexico can alleviate its crime problems by trying to address the causes. This is the case in a report on the crime situation in the state's most populous county. “The crime rate in New Mexico is consistently above the national average, which is due to the high crime rates in […]

New Mexico can alleviate its crime problems by trying to address the root causes, according to a report by the Legislature's Finance Committee on crime in the state's most populous county.

“New Mexico's crime rate is consistently above the national average, reflecting the high crime rate in Bernalillo County, which continues to limit the state's potential,” the report said. “New Mexico could reduce crime by treating its root causes, such as addiction, increasing certainty that offenders are caught and held accountable, and reducing the likelihood that current inmates will reoffend after they are released.”

The state legislature has approved around $820 million to combat crime over the past three years. This money has gone towards prioritizing treatment, improving the speed and security of justice, and meeting the needs of victims and the community, the report says.

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This includes $50 million to build the mental health workforce, $65 million to increase Medicaid insurer rates, $259 million “to improve speed and legal certainty,” including $150 million for police recruitment and retention, and $40 million to improve the criminal justice information system, the report said.

Additional funding was provided for grants to violence intervention programs and for the reemployment and training of young people.

On July 18, the state legislature met in a special session to address the public safety crisis in New Mexico.

As a result of the special session, a bill was passed that, in addition to funding the special session and providing funds for wildfire relief, also provides funds for court-sponsored mental health programs.

Related: Lawmakers pass disaster relief funding, end special session quickly

This bill, HB 1, was only a small part of Governor Michelle Lujan Grisham's special session agenda.

Lawmakers said many of the items on Lujan Grisham's agenda were not ready in time for the special session, but they were prepared to debate the bills during the 2025 regular session.

“Evidence-based prevention, diversion and behavioral therapy programs can help address the root causes of crime, but are available to only a fraction of the people who could benefit from them. Crime is influenced by a variety of social and economic conditions, such as poverty, lack of education, inaccessible housing, unemployment, lack of mental health services and addiction,” the report said.

However, LFC's investigations revealed that there is an accountability gap in Bernalillo County's criminal justice system.

The LFC found that there is a gap between arrests, criminal convictions and prison admissions. The penalties for these convictions, arrests and prison admissions are not keeping pace with crime trends, the report said.

“This accountability gap is problematic because it means the criminal justice system is not effectively holding offenders accountable,” the report says. “Even during times of rising crime rates in New Mexico, LFC research has found declining clearance rates (percent of reported crimes solved), low prosecution rates, and low conviction rates.”

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This represents a change from the 2018 report, which showed that “a relatively small proportion of defendants (33 percent) accounted for the majority of arrests for serious crimes (61 percent), suggesting that police and prosecutors must prioritize arresting and convicting the highest-risk offenders,” the report said.

The report shows that 74 percent of offenders who commit multiple serious crimes ultimately end up in prison. Multiple alleged offenses are required before offenders are charged and convicted of a serious crime.

“Most criminal cases are dismissed due to insufficient evidence or witness cooperation. This suggests that New Mexico could reduce the accountability gap through initiatives and investments to improve evidence collection and witness cooperation in the highest-risk cases,” the report said.

LFC proposals to curb crime

The LFC suggests that the Legislature consider establishing minimum standards for pretrial services; require regular validation of risk assessments and conduct needs assessments for services; require rules for when and for whom mandatory 24-hour live pre-release monitoring via ankle bracelet is appropriate; require reporting and use in-court performance data to improve safety and report outcomes on publicly accessible dashboards; provide funding to the court administration to hire certified competency evaluators; and authorize the Board of Pharmacists and the New Mexico Department of Health to make medication-assisted treatment available.

The LFC suggests that the Court Administration work with each judicial district to increase participation in pre-prosecution treatment courts and diversion programs and provide public reports of decisions and outcomes prior to trial.

The LFC suggests that the 2nd Judicial District Attorney's Office report to the LFC on the effectiveness of its specialized units in prosecuting different case types, reducing case dismissal rates due to problems in evidence collection and victim-witness cooperation, and focusing on diverting low-level offenders into treatment programs.

The LFC proposes that the Albuquerque Police Department hire and retain the number of sworn police officers that meets staffing standards; partner with the Bernalillo County Sheriff's Office on joint patrols and community outreach; and staff field units and specialized crime units to work toward improving evidence collection and clearance rates.