Missing Pieces: The Big Picture | 4 Investigates

Missing Pieces: The Big Picture | 4 Investigates 6:30 p.m.

Public safety took center stage as the Roundhouse reconvened for the start of the 2025 legislative session. Notably absent from Gov. Michelle Lujan Grisham's State of the State address were mentions of juvenile justice reform.

SANTA FE, N.M. — Public safety took center stage as New Mexico state lawmakers convened at the Roundhouse to kick off the 2025 legislative session. 

Notably absent from Gov. Michelle Lujan Grisham’s State of the State address were mentions of juvenile justice reform.

While Sam Bregman, the prosecutor she appointed as district attorney for Bernalillo County, has been recruiting lawmakers from both parties to carry juvenile justice reform legislation, the path forward for wide-sweeping reforms remains uncertain. 

What does the big picture data show? 

The scope of the problem 

New Mexico data mirrors national data, showing an uptick in juvenile arrests after the pandemic. However, New Mexico is following larger national trends – juvenile delinquency has dropped significantly over the last twenty years. 

“I spend most of my time up here as an advocate just educating people because, sometimes, they just don’t know,” said Nick Costales, a juvenile justice advocate. 

Costales worked with New Mexico’s Children Youth and Families Department for 18 years and oversaw the juvenile probation division for nearly a decade. He had a firsthand look at how reforms changed New Mexico’s juvenile justice system.

“I don’t think there’s been any study that’s ever proven that locking up a juvenile for a longer period of time keeps them from coming back,” Costales said. 

Data from the New Mexico Legislative Finance Committee showed an improving picture for juvenile justice:

  • Referrals to CYFD declined by 76% from 2009 to 2022 (referrals measure when juveniles enter the justice system)
  • Recidivism rates for juvenile crime are routinely lower for kids on probation vs. kids in detention
  • Overall recidivism rates have dropped between 2018 and 2022

“The things that were put in place, work. Do they need to be tweaked? Absolutely,” Costales said. “We should always be looking to improve things that aren’t working well.” 

Why increase penalties? 

“The intent would be that, as we deal with these heinous crimes, the issue is going to be, how are we all going to move forward as a state?” said state Sen. Pete Campos, D-District 8, covering Colfax, Guadalupe, Harding, Mora, Quay, San Miguel and Taos counties. 

Bregman recruited Campos and other Democrats to support sweeping changes to the state’s children’s code, including expanding which charges can lead to adult consequences for juveniles. 

“Young people particularly will think twice, hopefully before they take one of these drastic measures and possibly take a life or destroy property,” Campos said. 

4 Investigates asked if there is data showing that stiffer consequences for juvenile offenders leads to safer communities. 

“We have that data. But as we go forward, that’s been one of the things that we haven’t totally applied. But it’s time to go ahead and consider it,” Campos said. 

Campos pointed toward the National Council of State Legislatures, without specifically offering data. The NCSL found that community-based services and science-driven policy have led to large decreases in juvenile crime. 

The vexing examples of failure 

Miguel Rivera is 18 years old and in adult jail after the juvenile justice system failed to divert him away from the criminal justice system. Charged with stealing a car four times as a juvenile and once as an adult, the probation and services route did not correct Rivera’s behavior. 

“Those are probably the toughest cases to work as a probation officer,” Costales said. “I don’t think there’s a line where you don’t look at a kid and say [pertaining to detention], this is a huge risk to public safety. I mean, that’s the purpose of juvenile detention, but it’s making sure that those are the kids that we’re talking about and not just blanket policy that we just lock up kids.” 

“We’re recognized as a state that’s going to go ahead and treat each case fairly,” Campos said. “But if there is the need for additional punishment, that’s going to be provided as well.” 

The data suggests Rivera is in the minority of kids committing new crimes after getting put on probation and is more likely to commit another crime after getting out of jail. 

Rivera’s criminal case has been scheduled for a competency hearing.