In October, the Albuquerque Journal published a series of reports on the results of an extensive poll on major issues. The poll was done by Albuquerque-based Research & Polling Inc whose President is Brian Sanderoff. The Journal report  headline read “Journal Poll: Majority of voters favor cracking down on juvenile offenders.”   The article was written by award winning and longtime Albuquerque Journal investigative and staff reporter Colleen Heild. The article reads in pertinent part as follows:

“With violent juvenile crime escalating in Albuquerque and elsewhere in New Mexico, most Albuquerque voters want tougher sentences for youth offenders a new Journal Poll found.

A total of 72% of voters surveyed said they supported increasing criminal penalties for juvenile offenders convicted of certain violent crimes, with 17% opposed. Five percent surveyed responded it “depends,” with 6% either undecided or don’t know or declined to say.

…

[In Septeber] officials with the Bernalillo County Youth Services Center, a 78-bed juvenile detention facility in Albuquerque, reported that 37% of the center’s population was charged with murder.

Moreover, the Bernalillo County District Attorney’s Office reported a 57% increase in cases involving juvenile criminal defendants from 2022 to 2023. But the latest effort to overhaul the state Children’s Code earlier this year ended without any legislation being passed.

Among the voting public in Albuquerque, however, there’s strong support for more punitive measures to combat especially violent juvenile crime.

The Journal Poll showed a slightly greater share of Hispanic voters than Anglo voters surveyed supported increased penalties for juveniles convicted of certain crimes … . 

Of those surveyed, 53% of those 18 to 34 years old supported increasing penalties, while among those ages 50 and up, 76% favored tougher sentencing laws for juveniles.

While a majority of voters from all educational attainment levels support tougher sentences, those with a college degree or graduate degree are much more likely to be opposed (23%) compared to those without a college degree (8%).

… .”

President of Research and Polling Brian Sanderoff summarized his firm’s poll in the article as follows:

“Regardless of one’s political affiliation, the majority of Democrats (61%), Republicans (91%) and independents (68%) support increasing penalties; however, Democrats are less supportive. … The overall political outlook of the voters is a big predictor of feelings on this topic, as 92% of conservatives supported tougher sentencing compared to 48% who identified as liberal.”

JOURNAL POLL QUESTIONS

The poll’s  line of questioning and the poll results were reported by the Journal  in the form of pie chart as follows:

 Do you support or oppose increasing criminal penalties for juvenile offenders convicted of certain crimes?

• Support:                            72%
• Oppose:                            17%
• Depends:                            5%
• Undecided/Don’t Know:      6%

Based on political party affiliation, the results of those who support or oppose increasing criminal penalties for juvenile offenders convicted of certain crimes was reported by the Journal in a pie chart as follows:

DEMOCRAT

• Support: 61%
• Oppose: 26%

REPUBLICAN

• Support: 91%
• Oppose: 2%

INDEPENDENT

• Support: 68%
• Oppose: 19%

The link to read the full Journal column with pie charts is here:

https://www.abqjournal.com/news/article_d6c97b39-b021-4889-b565-546d061cab81.html

REVSITING THE 2025 SIXTY DAY LEGISLATIVE SESSION

The 2025 sixty-day New Mexico legislative session began on January 21 and ended on March 22.  In October before the session and then during the session, Bernalillo County District Attorney Sam Bregman aggressively advocated for major changes to the Children’s Code that deals with the charging and prosecuting juveniles who commit violent crimes.

It was House Bill HB 134 that would have expanded the definition of youthful offender, allowing prosecutors to respond to violent youth crimes and seek harsher punishments. Upon convictions, Juveniles would have faced potentially stiffer sentences and longer stints on probation.  The House Public Affairs Committee voted 4-2 along party lines to table the proposed overhaul of the state Children’s Code, with two Republicans opposing the action, thereby killing the legislation in committee.

Less than two weeks after House Bill HB 134 was voted down, an 11-year-old boy, a 16-year-old, a 15-year-old and a 13-year-old were charged with the crime of intentionally running down and killing Scott Dwight Habermehl on May 29, 2024. Habermehl, 63, was riding his bike to work at Sandia National Laboratories around 4:40 a.m. when he was struck by the car which was allegedly stolen. The boys recorded the crash from inside their  car as the driver swerved onto a dedicated bike lane to strike and kill Habermehl. According to the Albuquerque police investigation, the teens saw the flashing light on the bicycle and audio of the recording indicated they planned to hit the bicyclist

Bregman said this:

“These violent incidents are happening in every corner of New Mexico. … We are facing a juvenile crime crisis. … It’s one that continues to get worse every single day in New Mexico. There are teens or younger who are committing crimes all over the state and are getting away with it because they know they can. …  I’ve said before and I’ll say it again, that it isn’t, unfortunately, until they are charged with murder that they finally face any real consequences. And then it’s too late. … This isn’t just a statistic. People are dying. These are real victims. … Our leaders in Santa Fe, with the notable exception of the governor, have been tone-deaf to the crisis on the ground.”

District Attorney Sam Bregman said his office had linked 70 different homicides to 53 juveniles in his two and a half years as District Attorney. Bregman said the evidence of the worsening “juvenile crime crisis”  has been increasingly clear to him since taking office. He also said the state Legislature has failed to address the rising crime rates among juveniles and involving in particular violent juveniles.  Bregman expressed the identical concerns last October  2024 before the 60 day 2025 legislative session that began on January 21 and ended March 22.

DRAMATIC SPIKE IN VIOLENT CRIMES COMMITTED BY JUVENILES WITH GUNS

Since January 4, 2023, when Bregman was first appointed by the Governor to fill the vacancy caused by then District Attorney Raul Torrez being elected Attorney General, his office received  well over 1,400 juvenile cases, including 119 felony gun crimes up and through 2024 alone. There was a 57% increase from 2022 to 2023 in cases “involving kids with guns” according to data provided by the Bernalillo County District Attorney’s Office.

From January 1, 2023 to January 1, 2025 the District Attorney Office received 24 murder cases, 42 armed robbery cases, 48 rape cases and 65 drive-by shooting cases all involving juveniles. 374 juvenile cases where a received where a  handgun was involved in one way or another. There are upwards of 80,000 juveniles between the ages of 10 and 18 living in Bernalillo County. The 553 felony cases cited make up less than 1% of the population.

Last year, Bregman said it was  time to make changes to the “Delinquency Act” of the Children’s Code because times have changed in the 3 decades since it was last updated. Bregman said teens have been sentenced to decades behind bars for murders after being given lenient penalties for lesser crimes.  As an example, Bregman said  one teen was given probation for a hit-and-run crash that killed someone while another teen was given probation after shooting at a county employee. Bregman said this:

“The reality of this case is, if he had better aim, perhaps someone would have been dead. … What we’re trying to do [with the changes in the law] is build in some consequences when a juvenile first gets in the criminal justice system, so they learn something about how you can’t violate certain laws and norms. You can’t continue that behavior.”

Bregman said each case can have ripple effects that devastate families on both sides. He said he hopes the proposed changes to the Children’s Code can stem some of the effect being felt by the community. Bregman said this about juvenile gun violence:

“I understand kids make bad decisions. Every kid makes a bad decision, but when you put a gun in that mix of a bad decision, people die, unfortunately. … each case can have ripple effects that devastate families on both sides. … Those victims of violence committed by juveniles and their families have had their lives destroyed”  

Bregman said in the past that  he hoped changes to the juvenile code would teach juveniles a lesson before it’s too late and the intent is not to “lock up juveniles and throw away the key”. Bregman said this:

“What we’re trying to do is build in some consequences when a juvenile first gets in the criminal justice system, so they learn something about how you can’t violate certain laws and norms. You can’t continue that behavior.”

Bregman said addressing juvenile crime goes beyond lawmakers addressing the problem and he said this:

“This takes an entire community, including parents and family members, to make a difference in these young people’s lives. We all have to come together as a community and as a state, if you will. … Let’s give them the chance to get on the right path and be productive citizens, because if we don’t give them consequences early on, we end up with juveniles who are sentenced for decades in the corrections department.”

DA BREGMAN’S PROPOSED CHANGES TO DELINQUENCY ACT

The juvenile code has not been updated in decades. District Attorney Sam Bregmasn has proposed a slate of legislative changes to the Children’s Code which embodies the juvenile justice system for the 2025 legislative session. None of Bregman’s proposed legislation passed during the 2025  sixty day Legislative session and much of the legislation didn’t even get one hearing in a 60-day session.

Under the existing Children’s Code, a “Serious Youthful Offender” is a child 15 to 18 years of age who is charged with and indicted or bound over for trial for first degree murder. A child upon conviction can be sentenced as an adult for the crime. There are no other crimes other than first degree murder that a “Serious Youthful Offender” can be charged with.

Bregman said this:

“Currently, the only crime that you can charge as an adult is first degree murder. … We want to expand that to include second-degree murder, voluntary manslaughter, rape, shooting at or from a motor vehicle causing great bodily harm or death.”

Under the existing children’ s code a  “Youthful Offender” is defined as a delinquent child subject to adult or juvenile sanctions who is 14  to 18  years of age at the time of the offense and who is adjudicated as committing at least one of several listed serious felonies. Those listed felonies are:

• Second degree murder
• Kidnapping
• Robbery
• Aggravated battery (with a weapon)
• Criminal sexual penetration (rape)
• Aggravated burglary
• Aggravated arson
• Shooting at a dwelling or occupied building
• Shooting at or from a motor vehicle.

The proposed changes to the Children’s Code District Attorney Sam Bregman offered for enactment during the 2025 legislative that were not even given a committee hearing and that failed include the following:

1. Expanding the definition of “Serious Youthful Offender” to include second degree murder, voluntary manslaughter, criminal sexual penetration (rape), armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death.
2. Extending the age of possible imprisonment for “Youthful Offenders” from 21 to 25 years old. As the law is currently written, once a juvenile offender turns 21, in most cases, the criminal justice system automatically loses jurisdiction. Extending jurisdiction to age 25 would provide more time to get youthful offenders to get the treatment and supervision they need, while also monitoring the progress they are making.
3. Making it a felony for unlawful possession of a firearm for people under 19 to have any guns, including rifles, and not just handguns. Right now, it is illegal for anyone under the age of 19 to be in possession of a handgun. However, it is not illegal for anyone under the age of 19 to possess an assault rifle. The law would be updating language from “handgun”to “firearm,”which will include assault rifles. Bregman is also proposing to increase the penalty for this crime from a misdemeanor to a fourth-degree felony.
4. Moving a person to an adult facility once they reach the age of 18.  Bregman believes that when a juvenile convicted of a violent crime turns 18, they should go to an adult facility because he does not want an 18-year-old in custody with a 13-year-old.
5. Remove the use of the “Risk Assessment Tool”to determine if a child is to be detained and allow prosecutors to file charges without having to first consult the juvenile probation office. Bregman said detention risk assessments also often stand in the way of holding young people who have been arrested, adding the assessments fail to give judges enough discretion and law enforcement officers enough credit as people with firsthand knowledge of a crime.   Bregman said this:  “I say that if a police officer determines that that person needs to be arrested at the time, they need to be booked into the [detention center], and within 24 hours or so, a judge needs to hear and determine whether or not that person should be detained pending adjudication of the charges”.
6. Unsealing juvenile records during certain court hearings proceedings. This would consist of removing the secrecy laws that seal juvenile records from public review for the most serious offenders. This would allow juvenile records to be used during any adult conditions of release or sentencing hearing without having to obtain a court order to unseal the records. Every judge has the right to know and consider if the person in front of them has a violent past when determining conditions of release or sentencing. This change would allow for additional information to be heard and considered and will ultimately promote public safety.
7. Requiring judges to preside over juvenile detention hearings.
8. Grant judge’s discretion on the length of probation or commitment terms based on  a juvenile’s history.

Bregman said this about his proposed changes:

“This is not about a kid going into a store and shoplifting candy or even a new set of headphones. … This is about kids who are willing to steal cars, drive down the road, videotape their friend while he’s shooting off 20 rounds of bullets that are going into houses and killing 5-year-olds.”

“Currently, the only crime you can charge a juvenile as an adult is first-degree murder We want to expand that to include: second-degree murder, voluntary manslaughter, criminal sexual penetration — rape, armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death. … there must be consequences when juveniles first enter the criminal justice system.”

https://www.abqjournal.com/news/article_6fed2680-eca5-11ef-9e76-275f030494ce.html#tncms-source=home-featured-7-block

“The most significant thing we can do on crime in the Legislature …  is truly amend the Children’s Code to deal with the unbelievable spike in juvenile crime that we’re seeing out there. … If they don’t pass anything when it comes to juvenile crime, it leaves a big hole in people’s guts, like what’s going on here? Because this is a big problem. … As time goes by, you start to lose the idea that you have any momentum or that it’s moving forward.”

https://www.kob.com/news/top-news/da-bregman-talks-lack-of-juvenile-justice-reform-in-public-safety-package/

COMMENTARY AND ANALYSIS

The Albuquerque Journal poll is the first piece of evidence that should be presented to New Mexico legislators during the 2026  legislative session that clearly shows  the public is fed up with juveniles committing violent crime. The poll help to justify the updating of  the Children’s Code.

Democratic Governor Michelle Lujan Grisham has voiced support for updating state laws to reflect the growing problem of juveniles committing crimes with firearms and it is likely she will put legislation  on the 2026 New Mexico Legislative agenda.  However,  some Democrat legislators  have pushed back, advocating alternatives to increasing penalties.

Simply put, New Mexico’s children are committing more and more violent crimes where guns are involved. The state’s Children Code and our Juvenile Criminal Justice System has not been able to keep up with changing times to deal with what now can only be considered a “juvenile violent crime crisis”. 

Part of the problem is just how complicated the children’s code really is and its application. The ultimate question that must be addressed under the current law  is what is in the “best interest of the child”. The goal of the existing law is to keep  a family together versus punishment, incarceration and making sure justice is served and the public is protected.

It is very clear that the primary emphasis and purpose of the current Children’s Code is not punishment in the form of confinement of child for crimes committed but only rehabilitation, services, counseling and social services.  

It is commendable that the  primary goal of the Children’s Code and the Juvenile Justice System is to keep the family unit intact and what is in the best interest of the child whenever you are dealing with delinquency cases involving  children of tender age.  However it  is  teenage juveniles that pose the biggest problem of what approach is in order. 

Under the children’s code there is no mandatory sentencing and confinement when delinquency is found and when it does happen it can only be up and until the child reaches 18. Things get very complicated when gun violence is involved, protecting the public from gun violence and when it comes to sentencing a child as an adult when charges are brought against the child as a “youthful offender” or “serious youthful offender.”

REASONABLE AND NECESSARY CHANGES

All the major proposals and changes to the Children’s Code as outlined and proposed by District Attorney Sam Bregman are reasonable and necessary given the violent crimes being committed by juveniles and should be adopted by the 2026 legislature. No doubt many will argue that the proposals run afoul of the purpose and intent of the Children’s Code which is to do what is in the best interest of a child.

DA Bregman’s proposals to expand the definition of “serious youthful offender” so more types of crimes could lead to children being tried as adults is reasonable and necessary given the types of violent crime that is being committed. The challenge for the legislature is to decide what types of offenses for which a juvenile over 15 can be charged as an adult. Right now, that can only happen for first-degree murder. 

What should be included are all violent crimes involving a weapon and should include the crimes of aggravated assault, aggravated battery armed robbery with a firearm, and child abuse resulting in death.  The legislature should also fix the law that currently allows a teenager to wield an assault rifle, though handguns are still illegal.

The New Mexico legislature must decide during the up coming 2026 legislative session just how many more innocent people need to be killed  or be injured by juveniles before legislature confronts the juvenile violent crime crisis.

_____________________________________

POSTSCRIPT

POLL METHODOLOGY

The Journal poll was conducted September 19 through September 26. The voter sample size of 514 has a margin of error of plus or minus 4.4 percentage points. The margin of error grows for subsamples.

“The Journal Poll is based on a random sample of 514 voters who cast ballots in the 2021 and/or 2023 local government election, and a sample of adults who registered to vote since January 2024 and who said they are likely to vote in the upcoming local government election.

To ensure a representative sample, Research & Polling Inc. sets quotas for race, gender and age, and weights by education level and party affiliation, if necessary, based on traditional voting patterns in local government elections. All interviews were conducted by live, professional interviewers, based in Albuquerque, with multiple callbacks to individuals that did not initially answer the phone. Both cellphone numbers (96%) and landlines (4%) of likely voters were used.”

The link to read the full article with  images and  pie graphs is here:

https://www.abqjournal.com/news/article_d6c97b39-b021-4889-b565-546d061cab81.html