New Mexico House Committee Advances House Bill 428 to Reform Corrections Rulemaking Process

March 08, 2025 | Judiciary, House of Representatives, Committees, Legislative, New Mexico


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New Mexico House Committee Advances House Bill 428 to Reform Corrections Rulemaking Process
A proposed bill aimed at reforming the New Mexico Corrections Department's rulemaking process sparked significant debate during a recent House Judiciary Committee meeting. The legislation seeks to remove the department's exemption from the Administrative Procedures Act, thereby increasing transparency and public involvement in the adoption of rules.

Representative Hall, the bill's sponsor, emphasized the straightforward nature of the proposal, which includes provisions for a 45-day public comment period and mandates that notices be posted in all correctional facilities. "This bill comes from my time there and the learning that I've had since then about the work this agency does every day," Hall stated, highlighting the importance of public engagement in governance.

However, the bill faced opposition from Alicia Tafoya Lucero, the cabinet secretary for the New Mexico Corrections Department. She expressed concerns about safety and the need for specific exemptions related to emergency response and institutional security. "We have been working with the representative to add some broad language," Lucero noted, indicating ongoing negotiations to address these issues.

Supporters of the bill, including representatives from the American Federation of State, County, and Municipal Employees (AFSCME), argued for the necessity of a transparent rulemaking process. Carter Bundy from AFSCME stated, "There are some things that have to be kept confidential... to keep our members and inmates and other staff safe."

As discussions progressed, an amendment was proposed to shorten the public comment period from 45 to 30 days and to clarify security-related exclusions in the rulemaking process. This amendment was ultimately adopted, reflecting a compromise aimed at addressing the concerns raised by the Corrections Department while still promoting transparency.

The committee voted to pass the amended bill, with some members expressing hope that further collaboration could resolve remaining concerns. "It still seems the amendment is not really in line with what corrections is looking for," one member remarked, emphasizing the need for continued dialogue as the legislation moves forward.

This legislative effort underscores a significant shift towards greater accountability within New Mexico's corrections system, with potential implications for how rules are established and enforced in the future.

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