April 9, 1999

The Honorable Raymond G. Sanchez and

Members of the House of Representatives

Executive-Legislative Building

Santa Fe, New Mexico 87503

Honorable Speaker and Members of the House:

I have this day VETOED and am returning HOUSE BILL 491, as amended, enacted by the Forty-Fourth Legislature, First Session, 1999.

This legislation would allow a district court to suspend a sentence for juvenile offenders, mandates ninety days of parole for every juvenile offender released from a CYFD facility and allows parents access to law enforcement records in possession of CYFD. This legislation is vetoed because suspended sentences allow a juvenile offender to avoid actually serving their sentence of punishment. This would effectively lessen the deterrent which currently exists when a consequence is provided at the time of sentencing. Furthermore, mandatory parole would significantly lessen CYFD’s discretion concerning the release of juveniles from their facilities.

Sincerely,

Gary E. Johnson

Governor