ACLU Members – especially in Gallup and Espanola areas:

Please call Senator Rainaldi @ 1.505.986.4310 and Senator Martinez @ 1.505.986.4389 to oppose Representative Tom Swisstack’s Bills (# 60 and # 65) adding additional, mandatory penalties for crimes involving gangs.

These bills will be in the Senate Judiciary Committee. We are opposing Representative Swisstack’s bills because

1. Generally the ACLU opposes mandatory sentences and enhancements of any kind because they lessen the judge’s ability to consider individual cases and their specific circumstances – such as the age or mental ability of the defendant, or the past criminal history (or lack of one) of the defendant, and especially the rehabilitative potential of the defendant through education or treatment programs.

2. These bills threaten the individual’s right to freedom of association primarily because they are vague in defining what a gang is. In addition, the bills do not define what constitutes being a member of a gang; e.g., Is being in the same room with other gang members who have felony records “membership” in a gang?

3. In practice, we believe these bills would most negatively impact Hispanics and African- Americans and would increase the use of racial profiling

4. We believe the taxpayers’ monies are better spent on educational and treatment programs than on additional prisons.

Please call State Senators Rainaldi and Martinez today to oppose HB 60 and 65

Joyce Briscoe
Legislative Advocate
ACLU of New Mexico
PO Box 566
Albuquerque, NM 87103