Committee Hears Hours of Testimony on HB 533 to Limit Solitary Confinement; Decision Rolled for Further Work

The House Consumer & Public Affairs Committee heard more than an hour of testimony and invited discussion on HB 533, the Solitary Confinement Enforcement and Accountability Act, which would limit restrictive housing to no more than 15 consecutive days and 90 days in a 12‑month period and add reporting and protections for specified groups.

Supporters urged the committee to pass the bill to end what they described as harmful and arbitrary uses of restrictive housing. Salinda Guerrero, of Millions for Prisoners, described individual accounts from people in New Mexico facilities and said the practice “is called solitary confinement,” adding, “We need you to understand that we do torture people here in New Mexico, hundreds of them every single day.” Representatives of the ACLU, Bold Futures and local reentry organizations told the committee that prolonged isolation causes lasting psychological harm and undermines reentry.

Correctional leaders and staff testifying in opposition said the bill, as drafted, would remove an essential safety tool. Alicia Tafoya Lucero, secretary of corrections, testified in opposition and warned “if it were to be enacted and made law, that it would end up resulting in a very dangerous and violent prison system,” citing concerns about staff, contractors and inmate safety, staffing shortages and the operational capacity of county jails. Representatives of AFSCME, county governments and multiple correctional facilities gave examples of assaults and said restrictive housing is sometimes necessary to protect people and preserve facility order.

Committee members raised technical and policy questions about the bill’s exclusions and implementation. Lawmakers and witnesses discussed the bill’s carve‑outs for people under 21, people 55 and older, LGBTQ people and people who are pregnant or recently postpartum; sponsors said the exclusions are meant to prevent identity‑based placement in restrictive housing, while some legislators and corrections officials asked for language clarifying that the exclusions do not apply when a person has committed violent acts that threaten others. Witnesses also referenced international standards, with supporters urging alignment with United Nations guidance and opponents pointing to operational differences across New Mexico facilities. The department of corrections’ fiscal impact estimate was discussed; committee members referenced testimony that the department’s fiscal-impact report estimates roughly $31 million in FY26 and $47 million over three years if certain changes are implemented.

After extended testimony and questions, the committee did not vote on HB 533. Members said they wanted more time to reconcile safety concerns, statutory language and fiscal and operational impacts. The sponsor and several members said they intend to continue discussions during the interim and to work on amendments to address implementation and carve‑outs.

The committee’s action was to roll/postpone further consideration to allow negotiation and additional technical work; no final vote on the bill was taken during this hearing.