About Pete Dinelli

Pete Dinelli was born and raised in Albuquerque, New Mexico. He is of Italian and Hispanic descent. He is a 1970 graduate of Del Norte High School, a 1974 graduate of Eastern New Mexico University with a Bachelor's Degree in Business Administration and a 1977 graduate of St. Mary's School of Law, San Antonio, Texas. Pete has a 40 year history of community involvement and service as an elected and appointed official and as a practicing attorney in Albuquerque. Pete and his wife Betty Case Dinelli have been married since 1984 and they have two adult sons, Mark, who is an attorney and George, who is an Emergency Medical Technician (EMT). Pete has been a licensed New Mexico attorney since 1978. Pete has over 27 years of municipal and state government service. Pete’s service to Albuquerque has been extensive. He has been an elected Albuquerque City Councilor, serving as Vice President. He has served as a Worker’s Compensation Judge with Statewide jurisdiction. Pete has been a prosecutor for 15 years and has served as a Bernalillo County Chief Deputy District Attorney, as an Assistant Attorney General and Assistant District Attorney and as a Deputy City Attorney. For eight years, Pete was employed with the City of Albuquerque both as a Deputy City Attorney and Chief Public Safety Officer overseeing the city departments of police, fire, 911 emergency call center and the emergency operations center. While with the City of Albuquerque Legal Department, Pete served as Director of the Safe City Strike Force and Interim Director of the 911 Emergency Operations Center. Pete’s community involvement includes being a past President of the Albuquerque Kiwanis Club, past President of the Our Lady of Fatima School Board, and Board of Directors of the Albuquerque Museum Foundation.

2021 Point In Time Survey Is Yearly Snapshot Of City’s Homeless; We Have a Moral Obligation To Help Homeless

Each year the “Point in Time” (PIT) survey is conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs. The PIT count is done in communities across the country.

The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels.

The PIT count requires the use of the HUD definition of “homelessness”. PIT follows the HUD definition of homelessness and counts only people who are sleeping in a shelter, in a transitional housing program, or outside in places not meant for human habitation. Those people who are not counted are those who do not want to participate in the survey, who are sleeping in motels that they pay for themselves, or who are doubled up with family or friends

HUD requires that any community receiving federal funding from homeless assistance grant programs conduct an annual count. In even numbered years, only sheltered homeless are surveyed. In odd numbered years, both sheltered and unsheltered homeless are surveyed. Only those homeless people who can be located and who agree to participate in the survey are counted.

HUD defines sheltered homeless as “residing in an emergency shelter, motel paid through a provider or in a transitional housing program.” It does not include people who are doubled up with family or friends.

HUD defines “unsheltered homeless” as those sleeping in places not meant for human habitation including streets, parks, alleys, underpasses, abandoned buildings, campgrounds and similar environments.

https://www.cabq.gov/family/documents/2019-albuquerque-pit-count-final.pdf

The PIT count is viewed as a single night snapshot of homeless people and it is understood to be an undercount. The City of Albuquerque contracts with The New Mexico Coalition to End Homelessness to conduct the annual “Point in Time” (PIT). In even-numbered years, only homeless people who stay in shelters are counted. The PIT count represents the number of homeless people who are counted on one particular night. This year’s count occurred from January 26 to February 1.

2021 POINT-IN-TIME (PIT) REPORT

On June 22, Albuquerque’s 2021 Point-In-Time (PIT) report was released that surveyed both sheltered and unsheltered homeless. This year, the survey asked where people stayed the night of January 25.

Major highlights of the 2021 PIT report are as follows:

There were 1,567 sheltered and unsheltered homeless people living in Albuquerque, a slight increase over the 2019 count of 1,524 homeless.

Albuquerque’s unsheltered homeless decreased from 567 people in 2019 to 413 in the 2021 count.

42% of Albuquerque’s unsheltered were defined as chronically homeless, meaning they had been continuously homeless for at least a year and had a disabling condition
21% said they were homeless due to COVID
37% were experiencing homelessness for the first time
12% were homeless due to domestic violence.
30.19% of the homeless in Albuquerque self-reported as having a serious mental illness,
25.5% self reported as substance abusers.

In the rest of the state, 37.92% of the homeless self-reported a serious mental illness, while 63.3% self reported as substance abusers.
The combined PIT numbers for the areas outside of Albuquerque is defined in the report as “Balance of State” (BOS). The 2021 BOS PIT count reports that 1,180 sheltered and unsheltered homeless, a 31% decrease from the 1,717 counted in 2019.

Operators of programs that provide services to Albuquerque’s homeless say the actual number of homeless is far greater than indicated in the PIT count. The Albuquerque Public Schools says the number of homeless children enrolled in district schools, meaning kids from families that have no permanent address, has consistently been more than 3,000.

The link to quoted statistics is here:

https://www.abqjournal.com/2402560/homeless-numbers-see-little-change.html

https://www.cabq.gov/family/documents/2019-albuquerque-pit-count-final.pdf

PRIOR POINT-IN-TIME COUNTS

According to the 2019 Point-In-Time count, there were 1,524 sheltered and unsheltered homeless people counted in Albuquerque . This is 206 more homeless than the 2017 PIT count that recorded 1,318 homeless people in the city limits.

The 2017 survey found that there were 1,318 people reported experiencing homelessness on the night of the count, which then was an increase of 31 people over the 2015 PIT Count. The 2015 survey count found 1, 287 people reported experiencing homelessness on the night of the count.

For 2017, 379 people self-reported as chronically homeless, which was an increase of 119 people over the 2015 PIT Count. PIT counted 39 more people who self-reported as chronically homeless who were sheltered and 80 more people that self-report as chronically homeless who were unsheltered in 2017. The 2019 PIT report states that most people experiencing unsheltered homelessness in Albuquerque were residents of Albuquerque before becoming homeless.

The link to quoted statistics is here:

https://www.abqjournal.com/1355819/annual-count-shows-citys-homeless-numbers-up.html

ACTUAL NUMBER OF HOMELESS MUCH BIGGER

Government agencies and nonprofits report that the city’s homeless numbers are greater than those found in the PIT reports and that the number of homeless in Albuquerque approaches 4,500 to 5,000 in any given year.

The nonprofit Rock At Noon Day offers meals and other services to the homeless. Noon Day Executive Director Danny Whatley reported that there are 4,000 to 4,500 homeless people in the Albuquerque area. What is alarming is that according to Whatley, the fastest-growing segments are senior citizens and millennials (ages 23 to 38 in 2019).

Albuquerque Public Schools (APS) is New Mexico’s largest school district, serving more than a fourth of the state’s students and nearly 84,000 students. APS spokeswoman Monica Armenta stated the number of homeless children enrolled in district schools, meaning kids from families that have no permanent address, has consistently ranged from 3,200 to 3,500. APS serves many students in need with nearly two-thirds qualifying for the federal school meals program. The APS school district serves 29,000 breakfast per school day and 41,000 lunches per school day.

The centralized citywide system known as the Coordinated Entry System that the city uses to track the homeless and fill supportive housing openings reports that approximately 5,000 households experienced homelessness last year.

CITY OF ALBUQUERQUE SERVICES TO THE HOMELESS

The Family and Community Services Department is a key player in the City’s effort to end homelessness. The Departments services include prevention, outreach, shelter and housing programs and supportive services.

The City of Albuquerque has at least 10 separate homeless service provider locations throughout the city. The entire general fund budget for the Department of Family and Community Services is approximately $41 million. The $41 million is not just exclusive funding for services to the homeless.

The service offered by the Family and Community Services Department are directly provided by the city or by contract with nonprofit providers. The services include social services, mental/behavioral health, homeless services, health care for the homeless, substance abuse treatment and prevention, multi-service centers, public housing, rent assistance, affordable housing development, and fair housing, just to mention a few.

The following homeless services are funded by the City of Albuquerque, HUD’s Continuum of Care grants, Emergency Shelter Grants, and other grants administered by the City of Albuquerque:

1. Emergency Shelters for short-term, immediate assistance for the homeless for men, women, families, emergency winter shelter and after-hours shelter. The city’s West Side Emergency Housing Center has up to 450 beds available. The shelter is now open year-round. The operating cost of the facility is $4.4 million a year.
2. Transitional Housing assistance designed to transition from homelessness to permanent housing.
3. Permanent Supportive Housing for homeless individuals dealing with chronic mental illness or substance abuse issues
4. Childcare services for homeless families
5. Employment Services and job placement for homeless persons
6. Eviction Prevention or rental assistance and case management to prevent eviction and homelessness
7. Health Care services for homeless individuals and families
8. Meal program providing for homeless individuals and families in need
9. Motel Vouchers or temporary vouchers for homeless individuals with immediate medical issues and families with children, where emergency shelters cannot accommodate them. The city spends $8 million a year to provide 775 vouchers for rental assistance and to move homeless people from the street into housing. In the 2019-2020 approved city budget, an additional $2 million was added to the fund which will allow another 125 to 150 people to get into housing.
10. The Albuquerque Heading Home program initiative which moves the most medically fragile and chronically homeless people off the streets and into permanent housing. Since its inception in 2011 to January, 2017, it has placed 650 people into housing that assists with housing and providing jobs.

CITY BUYS GIBSON MEDICAL CENTER FOR GATEWAY CENTER

On Wednesday, May 7, 2020, Mayor Keller announced that the city was abandoning the development concept of a single, 300-bed homeless shelter and that the city would be proceeding with a “multi-site approach” to the city’s homelessness crisis. Mayor Tim Keller went so far as to state that the 300 bed Gateway Center was “off the table”.

The city officials said the new multi-site approach could mean a series of “smaller facilities” throughout the community. Ostensibly, there would be no single resource hub in one large facility as was originally proposed with the 300 bed Gateway Center. City Family and Community Services Director Carol Pierce offered insight into what the city means when it refers to small shelters and had this to say:

“We’re often talking 100 to 150 beds of emergency shelter that could be defined as a smaller shelter.”

On Tuesday, April 6, 2021, Mayor Tim Keller held a press conference in front of the Gibson Medical Center, formerly the Lovelace Hospital, to officially announce the city had bought the massive 572,000 square-foot building that currently has a 201 bed capacity, for $15 million using in part $14 million in voter approved bonds. The facility will be transformed into one of the Gateway Center for the homeless facilities.

In making the announcement, Keller said in part:

“The City of Albuquerque has officially bought the Gibson Medical Center, the cornerstone of our Gateway Center network. In total, this represents the largest capital investment that Albuquerque has ever made for the unhoused. We have roughly 5,000 homeless people. … what we’re looking at here is to move past this question of where … No matter how you feel about it, we’ve answered that question .”

Carol Pierce, the city’s Director of the Family and Community Services Department ad this to say about the Gateway project:

We know this Gateway Center won’t solve the issue of homelessness in Albuquerque, and this is not the end of the road – it’s another step that will expand the system of care for our unhoused neighbors. The city continues to invest in these priorities through $29.6 million in social services contracts with local partners that provide shelter and behavioral health services, along with rental assistance and case management to attain and retain housing. Our annual investment in supportive housing increased by 44% since FY18. More affordable housing will be made available through $11 million in the Workforce Housing Trust Fund and on top of the $5.4 million spent in FY21 to build/renovate affordable housing. Recently, a $21.6 million investment for emergency rental assistance added new support for landlords and tenants to keep people who are in danger of losing their homes.

COMMENTARY AND ANALYSIS

The greatness of a city is reflected by the commitment it makes to help its homeless who suffer from mental illness. The city does provide extensive services to the homeless that include social services, mental or behavioral health care services, substance abuse treatment and prevention, winter shelter housing, rent assistance and affordable housing development, just to mention a few.

Charitable organizations such as Joy Junction, St. Martins HopeWorks project, Steelbridge, The Rock at Noon Day and Albuquerque Healthcare for the Homeless provide services to the homeless, and do so by being where the homeless can be found and where the homeless can seek out, reach and have easy access to services.

All too often, we tend to forget our humanity, our political philosophy and our religious faith and beliefs of hope and charity, and condemn the homeless for what we think they represent or who we think they are. We condemn the homeless whenever they interfere with our lives at whatever level – such as pandering for money, begging for food, acting emotionally unstable, sleeping in doorways and defecating in public, and, yes, when we stand downwind from them and smell what living on the streets results in personal hygiene.

The sight of homeless camps, homeless squatters in parks and living under bridges usually generates disgust. People condemn the families of the mentally ill for not making sure their loved one has been institutionalized or is taking their medications.

All too often, the families of the homeless mentally ill are totally incapable of caring for or dealing with their loved one’s conduct. We easily forget the homeless are human beings who usually have lost all hope, all respect for themselves and are imprisoned for life in their own minds, condemned to fight their demons every hour, minute and second of their life until the very day they die.

One thing that must never be forgotten is the homeless have human rights to live as they choose, not as anyone says they should live. The homeless cannot be forced to do anything against their free will or change their life unless they want to do it themselves.

The homeless should not and cannot be arrested and housed like criminals or animals. Many homeless do not want to be reintroduced into society, and many have committed no crimes and they want to simply be left alone.

The homeless who suffer from mental illness cannot be forced or required to do anything for their own benefit without due process of law. Too often, the homeless are the victims of crimes, even being bludgeoned to death for fun as Albuquerque saw a few years ago when three teenagers killed two Native Americans sleeping in a vacant lot on a discarded mattress.

We as a city have a moral obligation to make every effort and make available to the homeless services they desperately need.

Sale of Historic Building Was Dereliction Of Duty By Mayor Keller That Benefitted His Donors

Mayor Tim Keller was on the Bob Clark on show on Thursday July 1. He told Clark’s listeners the city council approved the construction of a police station at 4th and Central. Mayor Keller failed to tell the radio listeners that it’s a lease of a mere 1,100 square feet of the historic Rosenwald Building the city bought for $1.7 million and Keller turned around and sold it for $360,000 to donors of his charitable foundation, a $50,000 donation, and donations to his reelection measured finance committee totaling $15,000.

Below is a guest column regarding the sale published by the Albuquerque Journal on July 5:

Headline: Sale of historic building was dereliction of duty

Subtitle: Mayor’s donor now has title to Rosenwald, which is on the National Historic Register

“On June 7, it was reported the City Council voted to approve the sale of the historic Rosenwald Building for $360,000 in a “private bid” to build condos. In 2009, the city had purchased the historic 42,000-square-foot building for $1.7 million. The city sold the Rosenwald Building to someone who made a $50,000 donation to Mayor Keller’s charitable foundation and $15,000 in donations to his measured finance committee. The sale also includes a 14-year lease by the city of 1,100 square feet for an APD police substation.

Built in 1910, the Rosenwald building on Downtown Central Avenue is the first reinforced concrete building in Albuquerque. It was added to the New Mexico State Register of Cultural Properties and the National Register of Historic Places in 1978.

Keller and the City Council have no clue of the importance of preserving a community’s history. Ostensibly they are ignorant of the teardowns of historic structures. First there was the Franciscan Hotel, then the Alvarado followed by the 1970s urban renewal that tore down many historical structures and residential areas and destroyed the Downtown area, making it a ghost town as the city grew to the Northeast Heights.

The Keller administration could have negotiated a 100-year lease, as opposed to a sale that gave title to the building. The Keller Administration should have demanded the purchasers give the city the option to use the entire first floor of the 43,000 square foot building for a substation and not a mere 1,100 square feet of it.

It is the land-title ownership that matters the most. Once title transfers, the new property owners can do whatever they want with it, including building the proposed condos, renovate it for office space, or just hold on to it as a vacant building. The building owners can even seek to have the building declared substandard as to making it a danger for occupancy, have it torn down and build a high rise. Many a Downtown structure on Central have been torn down and are now dirt parking lots.

A question the City Council should have asked is if the real purpose of the APD lease is to provide police protection for a residential development? Another question the Council never asked is how successful has the Downtown Public Safety District located in the Alvarado Transportation center been and why does APD need a 1,100 square foot office area in a condo building just a few blocks down from the Alvarado substation?

In order to prevent this from ever happening again, the City Council needs to enact an ordinance that strictly prevents City Hall from ever selling historical buildings once bought by the city. The ordinance would mandate maintenance, repairs and remodeling as the need requires for city use.

Simply put, the sale of the Rosenwald building should never have happened and was a dereliction of duty by Mayor Tim Keller and the City Council. The sale of a building on the National Register of Historic Places by the city is what you get with Keller, who is more interested in helping his reelection donors with no concern for the city’s history. The City Council failed miserably and was derelict in its oversight function to protect the city’s history.”

The link to the Albuquerque Journal guest column is here:

https://www.abqjournal.com/2406488/sale-of-historic-building-was-a-dereliction-of-duty.html

The link to a related blog article is here:

Historic Rosenwald Building Purchased By City For $1.7 Million Sold By City For $350,000 In “Private Bid”; City Leases Space For APD Substation; Following The Money Leads To Mayor Tim Keller; Council Derelict In Selling Historic Building

When A News Reporter Becomes The News, It’s Time For Them To Go; Ambush Journalism

KRQE-TV investigative reporter Larry Barker has gotten himself in one fine mess that just may cost him his job. On Wednesday, June 30, Barker, along with a news cameraman, went to the Albuquerque Convention Center where the New Mexico Cannabis Legalization Conference was being held and where Governor Michelle Lujan Grisham was expected to attend and speak. Barker did not go to the convention center to attend the conference but rather to try to get an unscheduled interview and an exclusive with the Governor on an unrelated matter.

VERBAL AND PHYSICAL ASSAULT

Once at the convention center, Barker proceeded to confront Governor press secretary Nora Meyers Sackett demanding an interview with the Governor. Things escalated to the point that Barker verbally and physically accosted Meyers Sackett to the point that he backed her into a wall.

Barker got inches away from Sackett’s face and began to jab and point his finger at her. Sacket Myers was wearing a light blue face mask and the full expression on her face at the time was obstructed. Barker on the other hand had no face mask. A KRQE-TV camera man with a shoulder news camera stood behind Barker and filmed the entire incident. Ostensibly, the camera man did not try to intervene and stop the confrontation.

Standing by within just a few feet was an unidentified man wearing a suit and tie with his hands crossed to below his waist in front him, also wearing a facemask, who ostensibly did absolutely nothing. A cell phone photo of the incident was taken by a third party posted on social media and all hell broke loose.

KRQE-TV APOLOGIZES

After the incident and after the photo was posted on social media, other news outlets contacted KRQE executives for comment. On Friday,July 2, Vice President and General Manager Bill Anderson, after reviewing video of the interaction, issued and apology for Barker’s conduct and said:

“I want to be very clear that regardless of the story he was pursuing, Larry’s conduct was completely inappropriate and inexcusable … we deeply regret what happened. … KRQE and its corporate parent have well-defined policies related to employee conduct: We expect employees to demonstrate high standards of business conduct in their relationships, to be exemplary citizens in the communities in which they live and work, and to treat everyone with respect. Larry violated these policies, and we are addressing his actions directly with him.”

SACKETT RESPONDS

Nora Meyers Sackett called the incident upsetting and unprofessional and commented on the incident on Twitter:

“The press and I don’t have to be best buddies all the time but I always respect them and their work, and them as people. [Wednesday] was a real low point in that relationship when I was physically accosted and practically assaulted by a KRQE reporter while doing my job at a public event.”

https://www.abqjournal.com/2405885/krqe-apologizes-for-barkers-inexcusable-behavior.html

REACTION BY RIO GRANDE CHAPTER OF THE SOCIETY OF PROFESSIONAL JOURNALISTS

The Rio Grande chapter of the Society of Professional Journalists (SPJ) condemned the incident. The SPJ Board of Directors posted in part on its website the following statement:

It’s one thing to read a description: “Pushing, shoving and a finger in the face.”

It’s quite another thing to see it.

In the photo, KRQE’s Larry Barker confronts Nora Sackett, press secretary for the Office of the Governor — her back is against a wall, his finger is in her face.

This is unacceptable.

Journalists and public information officers naturally butt heads in the name of protecting different interests. However, decency and respect during any interaction between the two is of utmost importance.

… Over the past year we have seen numerous assaults on journalists who were simply doing their jobs covering protests. Actions like Barker’s are not only reprehensible, they endanger all of us at a time when we already face numerous threats while we try to bring important news to the public.

The Society of Professional Journalists, Rio Grande Chapter calls for both KRQE and Barker to address the situation publicly and offer an apology to Sackett.

Very quickly, on Thursday, July 1, a photo of the encounter between Barker and Sackett surfaced on Twitter, in a quote tweet of Sackett’s thread laying out her thoughts on her interaction with Barker. She also was polite and didn’t name names aside from a mention of the news organization that employs Barker.

After seeing the photo and reading the accounts of Barker’s confrontation of Sackett, we, as members of the Society of Professional Journalists and the New Mexico journalism community, were appalled. No person, especially a journalist, should treat another human being the way Barker treated Sackett.

However frustrated, angry and just plain pissed off we get at each other, it is never, ever, ever — let us repeat — EVER even remotely acceptable to physically corner a source, no matter how important we think it may be.

… [I]t sounds like the altercation between Barker and Sackett got physical — pushing and shoving. The photo shows Barker’s face a bare 12 inches away from Sackett’s and his finger even closer.

It is actions like those displayed by Barker that give our community a bad name and jeopardize our reputation. We are ashamed that a long-time New Mexico journalist would resort to such means as physical confrontation, no matter the situation at hand.

The link to the statement by Society of Professional Journalists is here:

https://spjriogrande.org/

COMMENTARY AND ANALYSIS

“Ambush is the act or instance of lying concealed so as to attack by surprise. Journalism is the occupation of reporting, writing, editing, photographing, or broadcasting news. Ambush Journalism is commonly seen in American public affairs and tabloid programs. Ambush Journalism has been around for as long [time] … and will continue to be around in the future.

The question however is if Ambush Journalism is ethical or not. This is a very hard question to answer! First who decides what is ethical? That judgement is left in the hands of both journalist and the public. Some journalists use this technique to obtain the latest and hottest news [and] the outcome can sometimes be damaging or viewed as unethical. Other journalists refuse to use this technique because they feel that it violates the basic journalistic standards of balance and fairness.”

The link to the source quote is here:

https://www.megaessays.com/viewpaper/44182.html

There are many words that can be used to describe Larry Barker’s actions and his treatment of Governor Press Secretary Nora Meyers Sackett. Those words include inappropriate, unacceptable, unprofessional, terrible, bullying, intimidation, outrageous, verbal assault. Call it what it is: Ambush Journalism and “unethical conduct” which is what Larry Barker has gotten away with for decades.

What Larry Barker did to Governor Press Secretary Nora Meyers Sackett is referred to by public officials and elected officials as an “ambush” to get unrehearsed reactions to questions for a negative news story the reporter intends to write to place the official in a bad light. Frankly, blindsiding of public and elected officials by the news media is done all the time, and is to be expected and will continue, but that does not make it right. Larry Barker over decades as an investigative reporter has perfected it and has taken it to a new level of disrespect, something he is known for by his reputation.

It was good to see that Nora Meyers Sackett had a facemask on to protect her from Barker’s spittle. Any public or elected official who has been on the receiving end of Larry’s self-righteousness such as this knows he has bad breath.

All too often reporters like Barker demand respect but do not return it. It is conduct like this that results in absolute hostility by public officials towards the media. It is truly amazing that Barker has gotten away with this for decades no doubt because he edits it out in his stories. When a reporter becomes the news, it’s time for them to go and if they can simply retire.

If KRQE-TV executives such as Vice President and General Manager Bill Anderson intend to take any disciplinary action against Larry Barker, they need to include the cameraman for standing by and not doing anything to stop Barker’s outrageous conduct.

You Can Order Your Dinner And Booze For Restaurant Home Delivery; While You Waite For Food, Smoke A Joint In The Comfort Of Your Home

Effective June 30 and July 1, two major changes in New Mexico law are now reality:

1. The legalization and retail sales of recreational cannabis.
2. Expanded liquor license availability.

LEGALIZATION OF RECREATIONAL CANNIBUS

On June 29, 2021, the New Mexico Cannabis Regulation Act became law in New Mexico. It makes New Mexico the 18th state to legalize recreational marijuana. Personal possession and use are now legal throughout the state.

PERSONAL USE

The state law allows people 21 years or older to buy, possess and use marijuana outside the home of up to 2 ounces of marijuana. People will be able to buy no more than 2 ounces of cannabis or 800 milligrams of edible cannabis. There are also limits on extracts. If a person is found with more than 2 but less than 8 ounces of cannabis, 16 grams of cannabis extract, and more than 800 milligrams of edible cannabis in public, you can be charge with a misdemeanor under the new law.

Additionally, a person can legally possess more than 2 ounces inside their home with the caveat that it “must not be visible from a public place.” I guess that means do not leave your stash on top of the coffee table in front of the living room window. As for smoking a joint, you are not allowed to smoke in public places under the new law.

At your home, you can now grow cannabis under the new law but with a few limitations. A person can grow up to 12 plants within their home without a permit. (The second bathroom with the sun lamps is a go.) However, you cannot sell your home-grown stuff or operate like a business as a dealer anymore. Growing more plants or selling cannabis products without a license is a fourth-degree felony with a basic sentence of 18 months upon conviction.

Adults under the age of 21 are not allowed to possess cannabis. If you are under 21 and still in school do not take it to your middle school or high school. Doing so could lead to a mandatory four-hour educational program or 4 hours of community service.

The new law prohibits law enforcement from stopping or detaining a person solely because of the smell of cannabis. However, the law does not apply to people when an officer suspects someone might be using a vehicle under the influence and operating a vehicle.

RETAIL SALES OF RECREATIONAL CANNABIS

While the Cannabis Regulation Act is now in effect, retail sale of cannabis has yet to begin. The law provides that sales will start no later than April 1, 2022.

When it comes to the recreational cannabis industry, it will be heavily regulated by the state. The state will regulate all sellers and there will be no limits on the number of licenses issued. This is a dramatic departure from the limited number of licenses available in liquor licenses which have a cap based upon population. There will be a cap on the number of plants sellers can grow. Households would be permitted to grow up to 12 mature plants for personal use. Under the state law, cannabis establishments can also offer on-site consumption in certain circumstances.

The New Mexico Cannabis Control Division is in charge of making statewide rules and regulations for the new industry. On Tuesday, May 26, it was reported that the first proposed rules dealing primarily with marijuana producer license and plant fees were released. The link to the proposed regulations is here:
ccd.rld.state.nm.us

The state will issue licenses for “cannabis consumption areas” but until then cannabis use is restricted to private property. Anyone who breaks this law is subject to a $50 civil penalty.

The first proposed state regulations deal with marijuana producer license and plant fees. The drafted sets the cost of both producer and retailer licenses at $2,500 annually. Licenses for cannabis consumption areas, or designated places where adults can smoke, eat or drink cannabis products, would cost $2,500 annually under the draft rule. The state regulations must be adopted in order to meet the specific deadlines for implementing the law. The deadlines for the regulations under the state law are as follows:

No later than September 1: Start accepting and processing license applications from producers.

No later than Jan. 1, 2022: Start issuing licenses and server permits; begin training and education programs.

No later than April 1, 2022: Begin retail sales of recreational cannabis.

Links to news sources are here:

https://www.krqe.com/news/marijuana/recreational-marijuana-becomes-legal-in-new-mexico-on-june-29/

https://www.kob.com/new-mexico-news/new-mexicos-recreational-marijuana-law-takes-effect-tuesday/6155704/

https://www.abqjournal.com/2404689/cannabis-legalization-arrives-in-new-mexico.html

A link to a related blog article is here:

https://www.petedinelli.com/2021/04/01/recreational-cannabis-and-expungement-o

ABQ CITY COUNCIL ENACTS LIMITED ZONING RESTRICTIONS

A major highlight of the enacted legislation is that local jurisdictions, city and counties, cannot opt out of commercial sales, but can establish restrictions on operating hours and locations. The legislation gives local governments, city and county governments, limited authority to determine where cannabis dispensaries can be located.

The state’s counties do not have the authority to be able to prohibit cannabis sales nor prohibit the licensing of stores. In other words, local zoning law and regulations will able to be used to control the number of stores in an area where they the stores could be located. This is identical to zoning restrictions placed on retail stores that sell pornography.

On June 17, 2021, the Albuquerque City Council held a special council meeting to offer amendments to the Integrated Development Ordinance (IDO) that establishes the rules to regulate the recreational cannabis industry. The council approved amendments to the IDO to govern how newly legalized recreational cannabis market can operate in the city. Those zoning restrictions regulations include setting a distance of 600 feet between marijuana retailers unless the operator succeeds with a conditional use application that requires a public hearing before a city hearing officer and subject to appeal.

One major proposal Mayor Keller wanted was to strictly prohibit retail sales of recreational sale of cannabis from main street corridors such as Central Avenue. The council voted eight to one against the amendment.

The council also vote “NO” to implement a proposed rule from Mayor Tim Keller’s administration to keep cannabis retailers from opening new shops within 1,000 feet of each other or “adult entertainment” or “adult retail” operations. The council also voted NO on a ban on cannabis shops within 300 feet of religious institutions which was sponsored by City Council President Cynthia Borrego.

The council enacted separate standards for cannabis “microbusiness” licensees, giving them more latitude when it comes to locations.

A link to a related blog article is here: Links to news sources are here:

https://www.petedinelli.com/2021/06/24/city-council-enacts-zoning-restrictions-on-recreational-marijuana-sales-rejects-mayor-kellers-restrictive-zoning-changes-council-temporarily-bans-cannabis-shops-from-operating-in-old-town/

LIQUOR LICENSE REFORM

On July 1, House Bill 255, enacted in March by the New Mexico legislature, became effective. The sweeping and dramatic changes to the liquor laws was a bipartisan effort, highly contested by many in the liquor industry. It passed passed on a 41-27 vote in the New Mexico House and 29-11 in the New Mexico Senate.

The new law is the most dramatic change in liquor licensing law in 50 years. Among the major highlights of the law include:

HOME DELIVERY

The changes to the liquor control act allow for home delivery of alcoholic beverages by restaurants and grocery stores once delivery permits are issued later this year. Those permits will be issued sometime in August or September. The home delivery of alcoholic drinks will have restrictions. Restaurants will be limited to delivering alcohol with $10 of food. Large stores in some communities will only be allowed to deliver beer and wine, not spirits. Delivery to certain locations such as college dorms will be banned. There will also be requirements to check identification where deliveries are made to the door to keep drinks from going to underage buyers. The NM Alcoholic Beverage Control Division is accepting written public comment on proposed regulations to govern home delivery of drinks.

Delivery permits will not be issued until

NO MINITURES ALLOWED

Changes to the liquor control act prohibits the sale of hard liquor miniatures at liquor stores. Convenience stores and liquor stores can no longer sell individual 3-ounce miniatures for off-site consumption. However, miniatures can still be sold on golf courses, at hotel minibars or other locations where customers can legally drink them. Proposed rules under consideration include an exception for the sale of a “party package” of miniature’s bundled together by the manufacturer and intended for sale as one unit, similar to six packs of beer.

SUNDAY SALES ALLOWED

For many decades, New Mexico prohibited Sunday alcohol sales entirely. New Mexico then banned on-premise alcohol sales before 11 a.m. and package sales by a store before noon on Sunday. Now alcohol service can generally begin at 7 a.m., as with any other day of the week.

CHEAPER LIQUOR LICENSES TO BE MADE AVAILABLE

The changes to the liquor control act create a tier system for cheaper licenses to be issued intended to allow more restaurants to serve spirits and cocktails, not just beer and wine.

Under the new law, new liquor license options will be available to all restaurants. Up until now, restaurants were limited to just beer and wine sales unless they owned a more expensive “dispensers license” allowing the sale of all liquor. Dispenser licenses are capped in number based on population. Dispensers’ licenses are sold or subleased and cost as low as $350,000 and many times as high as $1 million placing them out of the reach of small, local business owners.

The NM Alcoholic Beverage Control Division is accepting applications for a $10,000 license designed for restaurants, allowing the sale of liquor and cocktails. Another license will be made available if the restaurant decides to sell locally distilled liquor, such as gin and vodka, rather than national brands, and that license will be less than $10,000. Restaurants seeking a Class B license, which expands existing beer and wine licenses to include spirits, must to wait until their applications are approved.

It was the owners of the highly expensive “dispensers licenses” that opposed vigorously the new licenses. They argued the new licenses would reduce significantly the value of their licenses that they have paid hundreds of thousands for destroying their investment. For decades, the New Mexico liquor lobby has been one of the most powerful lobbies in the state, and the passage of the new laws ends it dominate influence over the legislature.

Changes to the liquor control act also contain new reciprocity rules for local breweries and wineries. In addition to selling local beer they will be able to serve locally distilled spirits, if they choose. The Alcoholic Beverage Control Division said they won’t begin accepting applications for that until after a public hearing on agency rulemaking is held on July 26 to address some aspects of the law.

Links to news sources are here:

https://www.krqe.com/news/politics-government/nm-liquor-law-reform-bill-goes-into-effect-thursday/

https://www.santafenewmexican.com/news/local_news/major-overhaul-of-liquor-laws-takes-effect-in-new-mexico/article_d32d3c72-d501-11eb-b4fe-cf40041277a4.html

https://www.abqjournal.com/2405332/new-law-to-reshape-nm-liquor-sales.html

COMMENTARY AND ANALYSIS

The legalization of recreational cannabis as well as the sweeping changes to the New Mexico Liquor Control Act have been years, some would say decades, in the making.

ELECTIONS HAVE CONSEQUENCES

For a number of years, bills to legalize recreational cannabis went absolutely nowhere, especially in the NM Senate. This was in in large part to 4 conservative Democrats forming a coalition with Republican Senators to oppose all the legislation. The 4 conservative incumbent Democrats were ousted by progressive challengers in 2020 and 3 progressive Democrats went on to win election to the Senate. Long time serving Democrats Senate Finance Committee Chairman John Arthur Smith, Senate President Pro Tem Mary Kay Papen, Clemente Sanchez of Grants and Senator Gabe Ramos of Silver City were all defeated in the June primary. With the sure passage of time, many long serving conservative legislators in the house are no longer serving either because of retiring or being ousted by Democrats. It was not until they were gone was the draconian 1960′ state law outlawing abortions was repealed.

For decades, the New Mexico liquor lobby has been one of the most powerful lobbies in the state. The passage of the liquor control reform laws ends the dominate influence, some would say a strangle hold, over the New Mexico legislature.

LEGALIZATION OF RECREATIONAL CANNIBUS

Advocates of recreational legalization argue it will generate at least 13,000 jobs and millions of dollars for the economy. Rodriguez, also told lawmakers that legalizing recreational marijuana will generate up to $800 million a year, a $200 million increase from the last years estimate of $600 million. Rodriguez had this to say:

“It’s going to change New Mexico and ways we can’t imagine. … I think we will be a powerhouse, not only within the state, but we have the potential of being a powerhouse not only in this country, but you’d be surprised, we have the ability to also compete internationally.”

https://www.kob.com/albuquerque-news/recreational-marijuana-could-generate-up-to-800-million-a-year-according-to-new-estimates/5921047/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

LIQUOR LICENSE REFORM

There is little doubt that the changes to the liquor laws will promote the creation of new businesses by lowering the cost of starting a restaurant serving more than just beer and wine . Further, there are a few counties in New Mexico, that do not have a single establishment with a dispenser license. The price of the new licenses should encourage in more ways than one economic development

CONCLUSION

Change is never easy, especially for the hard core conservative moralists. Whether you like it or not the State Of New Mexico is at the cusp of a totally new day. Within in a few short months, and if your over 21, you will be able to make a home deliver order of beer and pizza from the Santa Fe Susana Martinez Pizzeria and while you wait for your pizza, light up a joint of “New Mexico Gold” or “Johnson and White’s Good Shit” all in the comfort of your home.

“Kids Count” Data Book: New Mexico Still At The Bottom With Our Kids As State Ranks 49th Overall, 50th In Education And 48th In Economic Well Being

“Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these.”
— Matthew 19:13-14

On June 21, the annual “Kids Count” data book prepared by the Annie E. Casey Foundation was release containing the data from 2019 the most recent statistics available. The Casey foundation is a nonprofit based in Maryland focusing on improving the well-being and future of American children and their families. State rankings by the nonprofit are based on 16 indicators that measure and track the well-being of children and their families in the domains of economic well-being, education, health, and family and community.

The links to the Kids Count Data Book is here:

https://datacenter.kidscount.org/

https://datacenter.kidscount.org/publications

EDITOR’S NOTE: Because the statistics released are for 2019, they do not reflect changes that may be attributed to the COVID-19 pandemic.

2021 KIDS COUNT DATA BOOK ON 2019 STATISTICS

New Mexico’s national child well-being ranking went from 50th to 49th displacing Mississippi, and following Louisiana. New Mexico overall was worse than the U.S. average in most of the categories measured .

Following are New Mexico’s statistics gleaned from the 2021 Kid Count Data Book:

NEW MEXICO RANKING OVERALL: 49th

ECONOMIC WELL BEING FOR CHILDREN New Mexico Ranking: 48TH

25% of New Mexico Children are living in poverty
116,000 children live in poverty

32% of New Mexico children’s have parents that lack secure employment
115,000 children’s parents lack secure employment

11% of New Mexico’s teens are not school and are not working
12,000 teens are not school and are not working

EDUCATION:

New Mexico Ranking: 50th

76% of New Mexico’s fourth graders are not proficient in reading
79% of New Mexico’s eighth graders are not proficient in reading
25% of New Mexico’s high school students do not graduate on time

HEALTH

New Mexico Ranking: 37th

9.3% low birth weights for children born in New Mexico
2,124 total children born in New Mexico with low birth weights

6% of New Mexico children are without health insurance
29,000 total New Mexico children without health insurance

36 is New Mexico’s child and teen death rates per 100,000

FAMILY AND COMMUNITY

New Mexico Ranking: 48%

44% of New Mexico children live in single parent families or 195,000 children living in single parent families

14% of New Mexico children live in families where the household head lacks a high school education or 69,000 children.

24 is New Mexico’s teen birth rate per 1,000 with 1,659 births

2019 COMPARED TO 2018 KIDS COUNT DATA BOOK

Comparing the 2019 data to the 2018 data, New Mexico’s numbers improved for children in Economic Well-Being” with New Mexico having fewer children living in poverty, fewer children whose parents lack secure employment and fewer teens neither in school nor working.

In the category of Education there were more 8th graders proficient in math and more high school students graduating on time in 2019 than in 2018.

In the category of Family and Community, in 2019 there were fewer children living in families where the head of household lacked a high school diploma, fewer children living in high poverty areas, and a lower teen birth rate per 1,000 births than in 2018.

In 2019, there was no improvement over 2018 in the category of Health. However New Mexico’s national ranking in Health improved from 41st to 37th .

2019, 2018, 2016 KIDS COUNT DATA BOOK COMPARISONS

It was in 2018 that for the first time in five years, New Mexico had fallen to last among states in the categories of Economic, Educational and Medical well-being of its children.

According to the 2018 Kids Count Data Book, 30% of New Mexico’s children were living in poverty in 2016, compared to 19% nationwide that year. In 2019 things have improve slightly by 5% with 25% of New Mexico’s children living in poverty.

In Education the report the 2018 report said 75% of the state’s fourth-graders were not proficient in reading in 2017, compared to 65% nationally, and 80% of eighth-graders were not performing up to par in math in 2017, compared to 67% across the U.S. In 2019, New Mexico now has hit rock bottom ranking 50th in the country for Education.

The most troubling in the 2018 Kids Count Data Book was New Mexico’s steep drop in ranking for health care measures. In 2019, things have improved in the Health category with New Mexico ranking 37th .

http://www.santafenewmexican.com/news/education/report-new-mexico-ranks-last-in-child-well-being/article_0f6865fc-d34a-5050-9f74-21680e98a2a5.html

TAX CREDITS

The 2021 child tax credit was included in the $1.9 trillion American Rescue Plan signed into law in March. The expanded child tax credit will have a massive effect on New Mexico’s children and their families New Mexico.

Starting July 15, hundreds of dollars will be deposited into family bank accounts The amount of the credit was increased from $2,000 per child under 17 years old to $3,600 per year per child under 6 years old and $3,000 for a child age 6 through 17, according to the IRS. The child tax credit was also changed to include families with no tax liabilities. And families will be able to choose if they want to receive the credit in monthly installments of $300 or $250 per child, depending on their age, or in an annual lump sum payment.

https://www.abqjournal.com/2391998/tax-credit-will-show-up-on-july-15-ex-most-nm-families-will-start-recieving-benefits-this-summer.html

There is a big difference with the tax credits this year. Instead of a single lump sum payment at the end of the tax year, the amount has been broken down into monthly payments so that those paid can better budget their incomes.

New Mexico Voices for Children spokeswoman Sharon Kayne had this to say about the tax credits:

“About 95% of children in the state will benefit from the expanded tax credit … Child poverty really underlies a lot of the other indicators. So kids whose families earn a very low income are less likely to have the resources they need to do well in school, are more likely to lack health insurance, and more likely to have parents who lack a college degree or high school diploma. … [The monthly payments will allow money to be spent in a way that the family deems is best for them.] Most will spend it on food, clothing and other necessities but parents can also get their car fixed so they can get to work or look for a job, or afford better childcare.”

The link to quoted source material is here:

https://www.abqjournal.com/2401956/nm-shows-improvement-in-child-wellbeing.html

HUNGER AND POVERTY NOT THE ONLY CRISIS FOR NEW MEXICO’S KIDS

In New Mexico, 71.6% of the state’s public-school students come from low-income families, and 14.4% are English-language learners. Further, 14.8 percent of students have disabilities.

10.6% of New Mexico children are Native American and proficiency rates for Native American students in the past 3 years was at 17.6% or 82.4% were not proficient in reading and their math proficiency was at 10.4% or 89% are not proficient in math.

https://www.abqjournal.com/1200069/questions-surround-ruling-on-nm-education-funding.html

2019 YEAR NEW MEXICO LEGISLATURE TACKLE THE PROBLEM

During the 2019 New Mexico Legislative session, the legislature approved an education budget of $3.2 Billion, 16% over last year’s budget, out of the total budget of $7 Billion. Included in the budget was a $500 million in additional funding for K-12 education and increases in teacher pay.

The massive infusion of funding to public education was the result of the District Court ruling that ruled the state of New Mexico is violating the constitutional rights of at-risk students by failing to provide them with a sufficient education. The District Court found that many New Mexico students are not receiving the basic education in reading, writing and math they should be receiving in our public-school system.

Early childhood programs were given a major increase in funding. Under the enacted 2019-2020 budget, every public-school district will be allocated significantly more funding. Teachers have not had any raises to speak of for the last 8 years. Teachers and school administrators will be given 6% pay raises with more money to hire teachers.

The new “Early Childhood Department” was created and started work in January 2020. The new department will focuses state resources on children from birth to 5 years of age. A major goal of the new department, coupled with other investments, will be more New Mexico children growing up to secure gainful employment as adults who don’t require government services.

2021-2021 BUDGET ENACTED

On March 19, 2021, the legislature enacted a 7.4 billion state. The 2021 New Mexico legislature increased state government spending by 4.8 percent, or $373 million.. Upwards of half of the $7.5 Billion dollar budget goes towards public education. $110-million will be spent to extend the school year by ten days with an additional $120-million for kindergarten to fifth-grade programs to add 25 extra school days to make up for lost learning time.

Part of the budget will be used to increase the governor’s Opportunity Scholarship, which helps provide funding for tuition at two-year universities, to $18-million. An additional $35-million will head towards addressing the needs of Native student’s education.

The 2021 New Mexico legislature also passed House Joint Resolution 1 (HJR 1) calling for a constitutional amendment to create a permanent fund for early childhood education programs passed the State Senate.

The bill is considered landmark legislation because it creates a permanent fund for early childhood education. The enactment of the Constitutional Amendment has the potential to transform and expand childhood education programs and provide additional support for K-12 across the state. The funding distribution is from New Mexico’s land grant permanent fund. For years, attempts have been made to dip into the state’s permanent fund which is currently valued at upwards $22 billion for early childhood programs. The Constitutional Amendment will be placed on the ballot as a Constitutional Amendment for the voters to decide its enactment.

As enacted HJR 1 would take an additional 1.25% from the Land Grant Permanent Fund and put it towards child education. The proposal would send an additional $127 million a year for early childhood education programs and an extra $85 million a year for Kindergarten to 12-grade schools. Roughly $33 million would also go to other beneficiaries of the Land Grant Permanent Fund, like the New Mexico Military Institute and the School for the Deaf, just to name a couple.

ALBUQUERQUE PUBLIC SCHOOLS

APS has an approved 2020-2021 approved budget of $1.56 billion budget. The budget provided funding for 12,600 full-time jobs. Albuquerque Public Schools (APS) is New Mexico’s largest school district, serving more than a fourth of the state’s students and nearly 84,000 students.

https://www.aps.edu/finance/budget-strategic-planning/2019-2020-budget-2/albuquerque-public-schools-annual-budget-2020-web

The ethnicity of the APS 84,000 students is:

65.8% Hispanic
22.9% Caucasian/White
5.5% American Indian
3.2% African American
2.3% Asian American
0.2% are “other”

Of the 84,000 APS students 16.6% are classified as “English Learners”, 17.2% are classified as “Students with Disabilities”, and 5.9% are in gifted programs. There are 29 APS authorized charter schools with 7,100 students attending the charter schools.

APS is among the top 40 largest school districts in the nation and the largest in New Mexico. APS operates 142 schools consisting of 4 K-8 schools, 88 elementary schools (K through 8th grade), 27 middle schools (6-8 th grade), 21 high schools (9th to 12th grade) and 2 alternative schools.

APS serves many students in need with nearly two-thirds qualifying for the federal school meals program. The school district serves 29,000 breakfast per school day and 41,000 lunches per school day.

COMMENTARY ANALYSIS

The rankings and financial numbers are depressing and staggering:

New Mexico ranks 50th in education. Despite the millions being spent each year on the state’s public education system, 76% of all New Mexico’s fourth graders are not proficient in reading and 79% of all eighth graders and not proficient in reading. For our native American population it’s even worse with 82.4% were not proficient in reading and their 89% are not proficient in math.

25% of New Mexico’s children are living in poverty, with New Mexico ranking 48th in Economic Well Being.

Child and teen death rates have skyrocketed reflecting 36 deaths per 100,000 in 2019 as opposed to 28 in 2013.

The number of low birthweight babies has increased slightly from 8.9% in 2013 to 9.3% in 2019.

The the number of teens who still are not working and not in school has also increase slightly going from 10% in 2013 to 11% in 2019.

When it is all said and done, and the money spent and long gone, there is no guarantee that New Mexico rankings will get any better when it comes to children living in poverty.

Notwithstanding, Albuquerque and New Mexico, and all of its leaders, have a moral obligation to do something to address poverty, children living in poverty and to protect our most venerable population, its children.

One glimmer of hope the state has would be the passage of the Constitutional Amendment where 1.25% from the Land Grant Permanent Fund would be dedicated and towards child education. If passed by voters, the proposal would send an additional $127 million a year for early childhood education programs and an additional $85 million a year for kindergarten to 12-grade schools.

Biden Announces Violent Crime Prevention Strategy As 2020 Becomes Deadliest Gun Violence Year In Decades; 2021 Shaping Up To Be Even Worse

Biden Announces Violent Crime Prevention Strategy As 2020 Becomes Deadliest Gun Violence Year In Decades; 2021 Shaping Up To Be Even Worse

According to a recent Washington Post article, through the first five months of 2021, gunfire killed more than 8,100 people in the United States, about 54 lives lost per day. “ The Gun Violence Archive, a nonprofit research organization, reported 14 more deaths per day than the average toll during the same period of the previous six years. Experts have attributed the increase to a variety of new and long-standing issues — including entrenched inequality, soaring gun ownership, and fraying relations between police and the communities they serve — all intensified during the coronavirus pandemic and widespread uprisings for racial justice. As far as Albuquerque is concerned, the city has made the top 100 list of most dangerous cities 5 years in a row. Se the postscript below to this article.

Links to the Washington Post article and the Gun Violence Archive are here:

https://www.washingtonpost.com/nation/2021/06/14/2021-gun-violence/

https://www.gunviolencearchive.org/

BIDEN”S VIOLENT CRIME PREVENTION STRATEGY

President Joe Biden has repeatedly said that the country is are experiencing an epidemic of gun violence. After years of decreasing crime statistics, the homicide rate has surged across the country in major cities. The surge began in 2020 and the trend is anticipated to continue this year.

According to a June 23, White House press release, Homicides rose 30%, and gun assaults rose 8% in large cities in 2020. The number of homicides in the first quarter of 2021 was 24% higher than the number of homicides in the first quarter of 2020, and 49% higher than in the first quarter of 2019. Black and brown Americans are disproportionately harmed by the direct and indirect consequences of gun violence.

On June 23, President Joe Biden announced a comprehensive strategy on violent crime prevention amid a nationwide surge in violent crime and mass shootings. The strategy implements preventative measures that are proven to reduce violent crime, and attacks the root causes of violent crime and includes addressing the flow of firearms used to commit crimes.

Not surprisingly, Biden again advocated that congress enact an assault weapons ban.

In making the announcement, Biden had this to say:

“Crime historically rises during the summer and as we emerge from this pandemic with the country opening back up again, the traditional summer spike may be more pronounced than it usually would be. … There are things we know that work to reduce gun violence and violent crime, and things that we don’t know about. … Things we know about [include] background checks for purchasing a firearm are important. A ban on assault weapons and high-capacity magazines — no one needs to have a weapon that can fire over 30, 40, 50, even up to 100 rounds, unless you think the deer are wearing Kevlar vests or something. Community policing and programs that keep neighborhoods safe and keep folks out of trouble — these efforts work, they save lives, but over time, these policies were gutted, are woefully underfunded.”

Biden took the opportunity to defend his administration against charges it would inappropriately curtail Americans’ Second Amendment rights. He also and countered the gun lobby’s arguments about rises in violent crime.

“The Second Amendment, from the day it was passed, limited the type of people could own a gun, and what type of weapon you could own — you couldn’t buy a cannon. The point is that there’s always been the ability to limit, rationally limit, the type of weapon that can be owned and who can own it.”

ZERO TOLERANCE POLICY

President Biden announced “a major crackdown to stem the flow of guns used to commit violent crimes,” warning his administration will pursue a “zero tolerance” policy “for gun dealers who willfully violate existing laws and regulations.” Biden said:

“If you willfully sell a gun to someone who is prohibited from possessing it, if you willfully fail to run a background check, if you willfully falsify a record, if you willfully fail to cooperate with the tracing requests or inspections, my message to you is this: We’ll find you and we’ll seek your license to sell guns.”

Biden’s crime prevention strategy initiates a number of measures among federal agencies. It also will allow states to use American Rescue Plan dollars for more flexible applications, including hiring law enforcement above pre-pandemic levels or using the funds toward community violence intervention programs.

The Biden strategy will address the direct link between gun violence and the rise in violent crime by taking immediate steps to keep guns out of the wrong hands, including strengthening the Alcohol, Tobacco and Firearms (ATF) efforts to stem the flow of firearms used in crimes, and launching multijurisdictional firearms trafficking strike forces to stop illegal gun trafficking across state lines.

Biden announced that his administration will convene and support a community violence intervention collaborative programs in more than a dozen jurisdictions. The jurisdictions must commit to using a portion of their American Rescue Plan funding or other public funding to increase investment in community violence intervention programs.

FEDERAL AGENCIES ANNOUNCE INITIATIVES

The Biden Administration is moving to act with a whole-of-government approach as the country enter the summer months when cities typically experience a spike in violence and as the country begins to reopen from the pandemic quarantine. On June 23, federal agencies announced initiative to combat violent crime.

The Treasury Department announced guidance that highlights that communities experiencing a surge in gun violence as a result of the pandemic may use American Rescue Plan funds for policing-related efforts.
The Office of Personnel Management will now consider whether to remove barriers for employment to formerly incarcerated individuals.

Housing & Urban Development Secretary Marcia Fudge issued a letter that addresses housing needs for formerly incarcerated individuals, including the use of 70,000 emergency housing vouchers funded by the American Rescue Plan.

Attorney General Merrick Garland said the Department of Justice is also taking steps to help solve the surging crime wave. Attorney General Garland said:

“The Justice Department’s violent crime reduction strategy, and our initiatives to stem the rising tide of illegal guns, will save lives. But these steps alone will not solve the problem of violent crime. … Success depends on all of us joining together — those of you in this room, the many like you across the country who are working to keep communities safe, and the people of our communities themselves.”

BIDEN’S “COMPREHENSIVE STRATEGY”

Biden’s “Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety” will focus on five major strategy goals:

1. Stem the flow of firearms used to commit violence, including by holding rogue firearms dealers accountable for violating federal laws;
2 Support local law enforcement with federal tools and resources to help address summer violent crime;
3 Invest in evidence-based community violence interventions;
4 Expanding summer programming, employment opportunities, and other services and supports for teenagers and young adults; and
5 Help formerly incarcerated individuals successfully reenter their communities.

Following is a discussion of each strategy goal as outlined by a White House press release:

1. STEM THE FLOW OF FIREARMS USED TO COMMIT VIOLENCE

“The Biden Administration announce that it is taking action to help stem the flow of guns into the hands of those responsible for violence. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is e stablishing a zero tolerance for rogue gun dealers that willfully violate the law. Gun dealers across the country are regulated by federal law that is enforced by the Dealers that fail to comply with their obligations under the law create risks for all of us.

The Justice Department is announced a new policy to underscore zero tolerance for willful violations of the law by federally licensed firearms dealers that put public safety at risk. Absent extraordinary circumstances that would need to be justified to the Director.

ATF will seek to revoke the licenses of dealers the first time that they violate federal law by willfully:

1) Transferring a firearm to a prohibited person,
2) failing to run a required background check
3) falsifying records, such as a firearms transaction form
4) failing to respond to an ATF tracing request, or
5) refusing to permit ATF to conduct an inspection in violation of the law.

ATF will notify every firearms dealer whose license is revoked about how to lawfully transfer any remaining inventory, as well as the potential criminal consequences of continuing to engage in the business of buying and selling guns without a license.”

ATF announced the following actions:

Better coordination with state and local officials with on-the-ground knowledge of which dealers are supplying firearms that show up at crime scenes.
Formalizing the use of data-driven prioritization of inspection resources. This data-driven prioritization will allow ATF to target its limited inspection resources to ensure compliance with federal law.
Equipping states that have their own gun dealer licensing systems with data from ATF inspections. ATF will begin sharing inspection data with these states so that officials there can determine whether to take their own steps to shut down dealers that fail to live up to their obligations under state law.

2. SUPPORT LOCAL LAW ENFORCEMENT TO HELP ADDRESS SUMMER VIOLENT CRIME

“In preparation for a possible increase in violence typically seen over the summer months, where needed and appropriate, the Justice Department is providing the following law enforcement support:

The FBI is making available cutting-edge analytical resources to support state and local law enforcement efforts to identify the most violent offenders and most dangerous criminal organizations in communities. The FBI is also deploying agents to assist with enforcement operations targeting these entities.

Where feasible, the ATF is embedding with local homicide units and expanding the availability of its National Integrated Ballistic Information Network (NIBIN) Correlation Center, which matches ballistics from crime scenes to other ballistic evidence nationwide.

The Enforcement Administration (DEA) will focus its efforts, in coordination with state, local and Tribal law enforcement, to disrupt the activities of the most violent drug trafficking gangs and egregious drug-trafficking organizations operating in the highest-crime areas.

The United States Marshals Service, in coordination with state and local authorities, is conducting fugitive sweeps throughout the country focused on individuals subject to state or local warrants for homicide, aggravated assault with a firearm, aggravated robbery, robbery with a firearm, rape or aggravated sexual assault.

The Treasury Department is notifying communities experiencing a surge in gun violence as a result of the pandemic may use the American Rescue Plan’s $350 billion in state and local funding for purposes such as:

A. Hiring law enforcement officials or paying overtime where the funds are directly focused on advancing community policing strategies in those communities experiencing an increase in gun violence associated with the pandemic.
B. Increase enforcement efforts to reduce gun violence exacerbated by the pandemic, including prosecuting gun traffickers, rogue dealers, and other parties contributing to the supply of crime guns, as well as collaborative federal/state/local efforts to identify and address gun trafficking channels.
C. Investing in technology and equipment to allow law enforcement to more efficiently and effectively respond to the rise in gun violence resulting from the pandemic.”

3. INVEST IN EVIDENCE-BASED COMMUNITY VIOLENCE INTERVENTIONS

“Community violence intervention (CVI) programs have been shown to reduce violence by as much as 60%. These programs are effective because they leverage trusted messengers who work directly with individuals most likely to commit gun violence, intervene in conflicts, and connect people to social, health and wellness, and economic services to reduce the likelihood of violence as an answer to conflict.

President Biden announced his Administration will convene and support a CVI Collaborative of 15 jurisdictions that are committing to use a portion of their America Recovery Fund funding or other public funding to increase investment in their CVI infrastructure, including to anticipate and respond to the potential rise in violence this summer.

Over the next 18 months, the Biden Administration will convene meetings with officials from these communities, facilitate peer-to-peer learning, and provide technical assistance. This effort will support both proven and new strategies that reduce gun violence and strengthen community-based infrastructure to enhance public safety for children, families, and communities and to advance equity.”

4. EXPAND SUMMER PROGRAMMING, EMPLOYMENT OPPORTUNITIES, AND OTHER SERVICES AND SUPPORTS, ESPECIALLY FOR TEENAGERS AND YOUNG ADULTS

“The Department of the Treasury and the Department of Education announced how American Rescue Plan funding of $350 billion in state and local funding and the $122 billion in school funding, can be used for a variety of public safety strategies. Within the parameters explained in those guidance documents, State and territory, local, and Tribal governments can:

Hire support personnel such as nurses, counselors, and social workers;
Pay court personnel and operations costs to return to pre-pandemic operation levels;
Provide and expand employment services, including summer jobs for young people and programs that provide training and work experience for formerly incarcerated persons and other individuals who live in communities most impacted by high levels of violence;
Provide and expand summer education and enrichment programs, including summer camp;
Scale up wraparound services—such as housing, medical and mental health care, trauma-informed care, substance use disorder treatment, food assistance, and job placement services—for victims of crime, young people, formerly incarcerated persons, and individuals and households facing economic insecurity due to the pandemic;

Youth Workforce Development Funds. Young people are disproportionately likely to be involved in gun violence, either as perpetrators or victims. Youth employment programs, including summer jobs programs, can reduce their involvement in violence by as much as 35% or 45%. Workforce development programs will be implemented to keep young people safe and give them a path to success.

On June 10, the Department of Labor awarded $89 million through its YouthBuild program to provide pre-apprenticeship opportunities for young people ages 16-24. Sixty eight grantee organizations will serve more than 5,000 youth in dozens of cities.

on June 10 The Department of Labor also awarded $20 million through its Workforce Pathways for Youth program to expand workforce development activities that serve youth ages 14-21 during “out of school” time (non-school hours). Through these grants, four national grantee organizations will serve approximately 7,000 participants in multiple cities across the country. The organizations will provide career exploration services; work readiness training; career counseling; work experience (internships, summer and year-round employment, pre-apprenticeships, and registered apprenticeships); mentoring; and assistance in placing youth in employment, education, or training.”

5. HELP FORMERLY INCARCERATED INDIVIDUALS SUCCESSFULLY REENTER THEIR COMMUNITIES.

“Employment is a key to formerly incarcerated individuals’ successful reentry into their communities. Individuals who secure employment after release have much lower recidivism rates than those who do not. Good, stable jobs promote public safety. The Biden Administration announced is taking steps to facilitate employment and associated services, such as housing assistance, for people who are formerly incarcerated.”

DEPARTMENT OF LABOR INITIATIVES

“On June 21, the Department of Labor awarded $85.5 million to help formerly incarcerated adults and young people in 28 communities transition out of the criminal justice system and connect with quality jobs. This includes $60 million for Pathway Home projects that will serve approximately 6,000 adults. By enabling services to begin while participants are still incarcerated and continue services post-release, the Pathway Home initiative eliminates the gap between release from incarceration and enrollment into a reentry program.

The Department of Labor also awarded $25.5 million in Young Adult Reentry Partnership grants to organizations that will help provide education and training services to young adults between 18-24 who were previously involved with the justice system or who left high school before graduation. The program will serve approximately 3,000 young people, offering accelerated and work-based learning such as registered apprenticeships in high-demand occupations with living wages. Grantees reduce barriers to labor market entry by providing career exploration activities, case management services, legal and other supportive services, and both job preparation and placement. Priority was given to organizations serving communities with high rates of poverty and crime.”

EXPANDING FEDERAL HIRING OF FORMERLY INCARCERATED PERSONS

“The Office of Personnel Management (OPM) will evaluate the existence of any barriers faced by formerly incarcerated persons in accessing federal employment and consider whether the federal government should take further action as appropriate, including creating a new “Schedule A” excepted service hiring authority for formerly incarcerated persons. This Schedule A hiring authority would allow federal agencies to hire qualified individuals for any job opening through the non-competitive, excepted service hiring process. Schedule A positions equip people with the skills and experience to become more competitive in the job market.”

IMPLEMENTING “BAN THE BOX” POLICY

The Office of Personnel Management will also publish proposed regulations to implement the Fair Chance to Compete for Jobs Act of 2019’s “ban the box” policy. The Fair Chance Act prohibits federal employers and federal contractors in all three branches of government from inquiring into arrest and conviction history until they have made a conditional job offer.

HIRING SECOND CHANCE ACT FELLONS

“The Department of Justice plans to post an application next month for a formerly incarcerated individual to work at DOJ as a Second Chance Act visiting fellow. This is a unique opportunity to draw on the expertise of a formerly incarcerated person as a policy advocate, legal or social services provider, or academic focusing on the successful reintegration of people returning home to their communities after incarceration. The fellow will develop innovative strategies that build upon and improve DOJ’s investments in reentry and reintegration.’

LEVERAGING TAX CREDITS TO INCENTIVIZE HIRING OF FORMERLY INCARCERATED INDIVIDUALS.

“The Department of Labor and Department of the Treasury will help employers leverage the Work Opportunity Tax Credit (WOTC), which includes incentivizes to hire formerly incarcerated individuals. Under WOTC, employers can receive up to a $2,400 credit against federal income taxes for hiring a person within one year of their conviction or release from prison for a felony offense. The Departments of Labor and Treasury will encourage employers to take up this opportunity to hire formerly incarcerated individuals. Specifically, within 90 days, the Departments will issue guidance, provide technical assistance to state workforce agencies, and release materials on ways employers can leverage this tax credit and other resources, such as the Federal Bonding Program and the American Rescue Plan’s Employee Retention Credit (ERC). For example, a small business that hires someone who was released in the last twelve months and employs them through the second half of the year could qualify for a credit of up to $16,400 per worker by claiming both the WOTC and the ERC. The Department of the Treasury will also revise online materials to make it easier to claim the tax credit.”

https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/23/fact-sheet-biden-harris-administration-announces-comprehensive-strategy-to-prevent-and-respond-to-gun-crime-and-ensure-public-safety/

DEPARTMENT OF JUSTICE REQUESTED FUNDING TO COMBAT VIOLENT CRIME AND GUN VIOLENCE

On Friday, May 28, 2021, the United States Department of Justice, Public Affairs Department, issued a press release regarding funding increases by the Biden Administration for the Fiscal Year 2022. The press release is entitled:

“Proposal Reinvigorates Civil Rights Enforcement, Counters International and Domestic Terrorism, Combats Violent Crime and Gun Violence, Advances Environmental Justice, Invests in Community Policing, Addresses Inequities in the Nation’s Criminal Justice System, and Reduces the Immigration Court Backlog

Below is the press release with the link:

On May 28, 2021, President Biden submitted his Budget for Fiscal Year 2022 to Congress, totaling $35.3 billion for the Department of Justice (DOJ).

The request seeks to sustain and enhance the Justice Department’s vital work to counter both international and domestic terrorism, reinvigorate civil rights enforcement, address inequities in the nation’s criminal justice system, combat gun violence, advance environmental justice and help reduce the backlog in the nation’s immigration courts.

“This budget proposal advances the Justice Department’s three overarching goals: keeping Americans safe, adhering to the Rule of Law, and seeking equal justice under law for everyone,” said Attorney General Merrick B. Garland. “These funds will strengthen our ability to counter international and domestic terrorism, support our efforts to curb violent crime, enhance our enforcement of voting rights and other civil rights laws, protect our nation from cyber-attacks, and double our resources dedicated to addressing gender-based violence and the support of survivors of domestic violence and sexual assault. Our request will increase public safety through investments in policing and criminal justice reform, as well as by dedicating funds to combating gun violence. Importantly, this budget makes a down payment on improving access to justice, a prerequisite to equal justice. The department looks forward to working with members of Congress on both sides of the aisle to help secure its timely passage.”

At the Department of Justice, the Budget would provide:

“• More than $1.5 billion to combat international and domestic terrorism – an increase of more than 12% over the FY 2021– which includes an additional $101.2 million to address domestic terrorism with a broadscale approach across the Department.
• $2.1 billion, an increase of $184.3 million, to combat gun violence while focusing on programs that address both gun safety and violent crime.
• $177.2 million over the FY 2021 appropriation to reinvigorate Federal civil rights efforts, including to re-establish and expand the Office for Access to Justice and to support the Community Relations Service with conciliators in local communities.
• $1.0 billion, an increase of $486.5 million, to address gender-based violence through the Office on Violence Against Women, nearly twice the FY 2021 investment in this effort.
• $1.6 billion, an increase of $669.3 million, to implement further reforms to the criminal justice system and continue critical investment in implementation of the First Step Act of 2018.
• $1.3 billion, an increase of $379.8 million, to support programs designed to further strengthen relationships between law enforcement and the communities they serve.
• $44.0 million in new resources to advance environmental justice initiatives, including facilities modernization and repair.
• $177.5 million more than FY 2021 to reduce the immigration court backlog and fund new legal support efforts for children and families.
• $1.1 billion, an increase of $150.7 million, to augment Cyber Investigations and Cyber Security.”

Countering International and Domestic Terrorism

“As the Nation’s top law enforcement agency, the Department of Justice is devoted to a broad-scale approach to counter the threat of both international and domestic terrorism. While the United States has seen unprecedented and troubling levels of domestic violent extremism, the department and its law enforcement agencies remain acutely aware of the threats posed by international terrorist organizations.

The budget request includes increased funding for the Federal Bureau of Investigation, the principal DOJ law enforcement agency charged with combating terrorism, to conduct domestic terrorism investigations, and for the U.S. Attorneys to manage increasing domestic terrorism caseloads. Further, the budget will support additional response capabilities at the U.S. Marshals Service and support research on the root causes of domestic radicalization at the National Institute of Justice.”

The FY 2022 budget invests more than $1.5 billion to combat international and domestic terrorism, including an additional an $101.2 million to address the rising threat of domestic terrorism.

Combating Violent Crime and Gun Violence

“The Department is committed to addressing the epidemic of gun violence and other violent crime that has taken the lives of too many people in our communities. As part of the department’s recently announced strategy to reduce violent crime, including through grantmaking opportunities, the budget request establishes innovative new grants for States to incentivize Red Flag and Gun Licensing Laws; creates a new $100 million Community Violence Intervention Initiative to tackle gun violence in our neighborhoods; provides grants for Project Safe Neighborhoods, and expands ATF’s Crime Gun Intelligence through the National Integrated Ballistic Information Network. A new pilot program promotes the development, adoption and use of programs designed to help communities address situations where people become legally prohibited from possessing the firearms they own.”

The FY 2022 budget invests $2.1 billion to address gun violence and gun safety, an increase of $184.3 million over FY 2021.

Reinvigorating Civil Rights Efforts

“Protecting our Nation’s civil rights is a top priority for the Department, as far too many of our citizens still face discrimination. To help protect marginalized communities, the budget request includes funding to re-establish the Office for Access to Justice, and increases funding for the Civil Rights Division, the Community Relations Service, the Office of Justice Programs and the Office on Violence Against Women. These funds will support the enforcement of voting rights and the protection of constitutional and civil rights; mediation and conciliation services for community conflicts arising from discriminatory practices; the prosecution of hate crimes across the nation, especially in communities uniquely impacted by bias, xenophobia and hate driven by the COVID-19 pandemic; and other civil rights activities.”

The FY 2022 budget invests a total of $307.2 million in civil rights efforts, an increase of $177.2 million over FY 2021.

Addressing Inequities in the Criminal Justice System

“The Department’s budget request addresses the need to ensure equal justice for all Americans. The budget request prioritizes improving community relations through the Office of Justice Programs. The budget request establishes new programs for community-based alternatives to prison, expands the Part B Formula Grants, and increases funding for the Second Chance Act program. The Department will implement Executive Order 14006 by transferring Federal Prisoner Detention detainees from privately operated to alternate State, local, and Federal facilities with an additional $75.0 million. Finally, the budget continues the historic investment of $409.5 million by the Bureau of Prisons in the First Step Act.”

The FY 2022 budget invests over $1.6 billion to address inequities in the criminal justice system in America, an increase of $669.3 million over FY 2021 levels.

Investing in Community Policing

“Creating strong, positive ties between law enforcement and the communities they serve is critical to making the Nation’s communities safer and to rooting out systemic inequities in the justice system. Providing resources to police departments to help them reform and gain the trust of communities is a priority of this Department and this Administration. The department’s budget addresses the need to further strengthen relationships between communities and police officers by hiring local police officers and investing in racial sensitivity, hate crime and implicit bias training.

The FY 2022 budget invests a total of $1.3 billion to support law enforcement agencies, including through programs that support community-oriented policing policies and practices, as well as training for law enforcement on racial profiling, de-escalation and the duty to intervene. This is a $379.8 million increase over the FY 2021 level.”

Advancing Environmental Justice

“The Department is committed advancing environmental justice and supports the President’s Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad.” The Executive Order establishes a “whole-of-government” approach to addressing the climate crisis and formalizes the government’s commitment to environmental justice. The budget request includes increased funding for the Environment and Natural Resources Division to expand its use of existing authorities in affirmative cases to reduce greenhouse gas emissions and address the impacts of climate change and to continue defensive and other work related to climate change. In addition, the Bureau of Prison will invest in energy saving modernization and repair projects to replace aging equipment with energy efficient models, resulting in reduced energy costs and consumption, as well as other environmentally-sound operational benefits.”

The FY 2022 budget invests $44.0 million to advance environmental justice, tackle climate change, and enhance environmental stability.

Reducing the Immigration Court Backlog

“Although the Executive Office for Immigration Review (EOIR) has doubled the number of Immigration Judges onboard since 2015, caseloads continue to grow at an even faster pace, and processing times continue to increase due to a rise in the number of complex adjudications, such as those of asylum claims. The FY 2022 budget addresses this challenge by both providing additional Immigration Judges, and by promoting efficiency initiatives within EOIR. The request supports hiring 100 new Immigration Judges, as well as necessary support staff and attorneys. The request would also enable EOIR to continue to modernize its IT capabilities.

The FY 2022 budget invests $177.5 million in new resources to reduce the immigration court backlog, as well as create the Legal Representation for Immigrant Children and Families Pilot, which supports the enhancement of legal representation of immigrant children and families who seek asylum and other forms of legal protection in the United States after entering at the borders.”

The link to quoted source material is here:

https://www.justice.gov/opa/pr/department-justice-fiscal-year-2022-funding-request

A link for more information on the President’s FY22 Budget is here:

https://www.whitehouse.gov/omb/budget

COMMENTARY AND ANALYSIS

As of June 24, the city has seen at least 6o murders. When it comes to Albuquerque, Bidens’ Violent Crime Prevention Strategy and the federal dollars it promises, it cannot come soon enough as the summer approaches.

https://www.koat.com/article/60-homicides-in-albuquerque-in-2021/36834487
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POSTCRIPT

ALBUQUERQUE MAKES THE TOP 100 MOST DANGEROUS CITIES IN 2021, 2020, 2019, 2018, 2017

Neighborhood Scout’s provides comprehensive database of real estate data and compiles a listing of what it considers are the 100 most dangerous cities in the United States based on violent crime rates and population. Over the last 5 years, the city has gone from the low rank of #74 to a current rank of #21.

Following is Albuquerque’s rankings in Neighborhood Scout’s for the last 5 years:

2021

#21 Ranking Out Of 100
Violent Crime Rate (per 1,000 residents): 13.7
Chance of being a victim: 1 in 72

2020

#23 Ranking Out Of 100

2019

#25 Ranking Out Of 100
Albuquerque Violent Crime Rate: 13.9
Chance of being a victim: 1 in 72

2018

#50 Ranking Out Of 100
Population: 559,277
Albuquerque’s Violent Crime Rate: 11.50
No. of Violent Crimes: 6,429
Assault: 3,859 | Robbery: 1,962 | Rape: 547 | Murder: 61
Chance of being a victim: 1 in 87

2017

#74 Ranking Out Of 100
Albuquerque Number of Crimes
Violent Crime 7,711
Property Crime 32,338
Total Crime: 40,049
Crime Rate (per 1,000 residents)
Violent crime rate: 13.76
Property crime rate: 57.69
Total crime rate: 71.45

https://www.neighborhoodscout.com/blog/top100dangerous