Bill eliminating life sentences without parole for youths goes to governor

Mar. 13—Supporters of legislation that eliminates life sentences without parole opportunities for youthful offenders convicted of first-degree murder cheered the early-morning passage of the controversial bill.

The House voted 37-25 along partisan lines Monday to approve Senate Bill 64, which entitles children convicted before they are 18 to a parole hearing — and potentially, parole — after 20 or 25 years in prison, depending on the initial sentence.

According to Senate Bill 64, if the conviction is for either first-degree willful and deliberate murder or first-degree depraved mind murder, the offender could be eligible for a parole hearing at 20 years.

If the offender is serving a life sentence for two or more more convictions of first-degree murder he or she would be up for parole in 25 years.

Karen Weaver of Sandia Park said in an interview Monday the bill's passage means her daughter, Darcy Weaver, likely will get a parole hearing this summer — more than 25 years after she was sent to prison on a felony charge of murder.

"It's just a miracle," Karen Weaver said Monday morning, hours after the House approved the measure. "It means a lot to have some recognition (from lawmakers) that there are extenuating circumstances — especially for children."

Under current New Mexico law, anyone serving a sentence of life imprisonment is eligible for parole after 30 years.

A committee amendment adopted for the bill makes it clear that in the case of an offender serving sentences for convictions resulting from multiple cases "the time counted toward parole eligibility for a particular case does not begin to accrue until that sentence for the case is being served," according to the bill's fiscal impact report.

The debate, which lasted about three hours, once again highlighted the differences between Republicans and Democrats on violent crime and gun violence.

Democrats argued the legislation gives children who may have acted out of passion or immaturity an opportunity to be rehabilitated and leave prison to become useful contributors to society.

"This bill is about a second chance," said Rep. Gail Chasey, D-Albuquerque, one of four Democrat sponsors of SB 64.

House Republicans countered there are some cases in which there should be no second chance and that such potential releases from prison further hurt bereaved family members and friends.

The bill "is not good for communities or grieving parents," said Stefani Lord, R-Sandia Park.

Though the House members were civil to one another as the debate moved from Sunday to Monday, language surrounding the crimes committed by some juveniles sometimes turned raw as Republicans cited violent cases of murder and sexual assault.

When Lord pitched an amendment to prohibit juveniles who committed or attempted to commit murder or criminal sexual penetration from being included in the legislation, Rep. Andrea Romero, D-Santa Fe, said Lord was "chasing ghosts" and inciting "fear-mongering of a crime that has not been committed."

Rep. John Block, R-Alamogordo, countered with a 2019 news story about a violent crime involving a juvenile offender.

"This is happening in our state... this is not fearmongering," he said.

The provisions of the bill would retroactively apply to all offenders currently serving an adult sentence for an offense committed as a child.

According to the bill's fiscal impact report, the Children, Youth and Families Department reports "no one is currently serving a sentence as a youthful offender without the possibility of parole."

But advocates for the bill say if Gov. Michelle Lujan Grisham signs the legislation, it will affected about 75 people, including Darcy Weaver, who may have a chance at a parole hearing five years earlier than planned, her mother said.

Sen. Antoinette Sedillo Lopez, D-Albuquerque, said in an interview Monday she does not believe any juvenile offender "deserves to be thrown away" in the prison system.

Sedillo Lopez, one of the sponsors, said the measure simply ensures there will be a parole hearing — which will not necessarily lead to a granting of parole.

"We have to trust our system of justice," she said.

It's unclear if Grisham Lujan will sign the bill. Sedillo Lopez said the governor is "going to look at it" but said she had not yet heard anything more on the issue.

Maddy Hayden, a spokeswoman for the governor, did not respond to a request for comment on the bill.