HOUSE JOINT MEMORIAL 24

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Jim W. Hall

A JOINT MEMORIAL

REQUESTING THE ADMINISTRATIVE OFFICE OF THE COURTS AND THE DEPARTMENT OF PUBLIC SAFETY TO STUDY THE FEASIBILITY AND COSTS OF ESTABLISHING A CRIMINAL BACKGROUND INFORMATION UNIT THAT WOULD PROVIDE COMPREHENSIVE CRIMINAL BACKGROUND INFORMATION ON CRIMINAL DEFENDANTS TO THE MAGISTRATE, METROPOLITAN AND MUNICIPAL COURTS.

     WHEREAS, magistrate, metropolitan and municipal courts are often the first courts to have contact with a person arrested for a crime; and

     WHEREAS, these courts make a determination of whether, and under what conditions, to release persons accused of crimes back into our communities; and

     WHEREAS, these courts currently have very limited access to the criminal history information or background of the defendants appearing before them; and

     WHEREAS, some defendants who are arrested for a crime, even a minor crime, have had several prior convictions and arrests and numerous aliases and social security numbers of which these courts are unaware; and

     WHEREAS, a typical example is a defendant who was arrested for shoplifting and the limited access to the defendant's background information at the Bernalillo county metropolitan court showed no prior criminal history when, in fact, a comprehensive criminal background check revealed that the defendant had twenty-eight prior felony arrests with twelve convictions and six prior misdemeanor arrests with three convictions and that the defendant had used eleven different aliases and nine different social security numbers; and

     WHEREAS, at times there are out-of-state warrants on defendants who have been arrested for a crime in New Mexico yet the judge before whom they appear does not have this information; and

     WHEREAS, district courts have the assistance of the corrections department, the children, youth and families department and the district attorney's office, providing them with comprehensive criminal background information of a defendant in most cases; and

     WHEREAS, the magistrate, metropolitan and municipal courts make daily determinations on the release of defendants back into our communities yet do not have access to critical information on the background of these defendants; and

     WHEREAS, it is necessary for the safety of our communities that the courts that determine the conditions of release of a person arrested for a crime be fully informed of any prior criminal activities of the person in order to properly assess danger and impose appropriate conditions of release;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the director of the administrative office of the courts and the secretary of public safety be requested to convene a task force to examine the feasibility and costs of establishing a criminal background information unit at the administrative office of the courts that would serve all magistrate, metropolitan and municipal courts by providing comprehensive criminal background information on criminal defendants; and  

     BE IT FURTHER RESOLVED that the task force examine how the criminal background information unit can utilize the resources of the department of public safety in obtaining comprehensive background information on defendants; and

     BE IT FURTHER RESOLVED that the task force include representatives from the corrections department, the administrative office of the district attorneys, the public defender department and any other appropriate and interested parties; and

     BE IT FURTHER RESOLVED that the task force report its findings and recommendations to the appropriate interim legislative committee by November 2012; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the administrative office of the courts, the department of public safety, the corrections department, the administrative office of the district attorneys, the public defender department and the children, youth and families department.

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