House hearing on HB 533 spotlights push to limit solitary confinement, stalls for further work

Representative Andrea Romero brought HB 533 before the House Consumer and Public Affairs Committee as a proposal to tighten the state’s Restricted Housing Act and limit prolonged solitary confinement in New Mexico prisons and jails.

Supporters told the committee the bill would narrow and clarify when restricted housing can be used, strengthen reporting to improve accountability and align New Mexico with international guidance by capping solitary confinement at 15 consecutive days and 90 days in a calendar year.

The bill’s sponsor, Representative Andrea Romero, described the measure as an effort to “open up the conversation around this issue” and to update statute that she said had last been substantially revised in 2018. Celinda Guerrero, a policy advocate with Millions for Prisoners, urged lawmakers to treat long-term isolation as torture and cited the United Nations’ standards and a 2019 ACLU report during testimony: “We need you to understand that we do torture people here in New Mexico, hundreds of them every single day, and it's called solitary confinement,” Guerrero told the committee.

ACLU of New Mexico legislative fellow Courtney Montoya testified in strong support, saying long-term isolation “causes permanent psychological harm” and does not make prisons safer. Several family members and formerly incarcerated speakers recounted personal harms they linked to restrictive housing and urged passage.

The Department of Corrections, represented by Secretary Alicia Tafoya Lucero and other corrections staff, opposed the bill in its current form. Secretary Tafoya Lucero said the department uses restrictive housing to separate predatory or violent individuals and voiced concern that categorical exclusions based on age or identity would hamper facility safety and staffing. “There are several areas of it where we are very concerned that if it were to be enacted ... it would end up resulting in a very dangerous and violent prison system,” she said.

Union and county officials echoed the safety and operational concerns. Carter Brandy of AFSCME, which represents correctional officers, said removing management options could lead to more violence and lawsuits. Mark Allen, general counsel for New Mexico counties, warned county jails lack the space and staffing the bill’s protections would require.

Committee members pressed both sides on data and implementation. Members asked whether state reporting currently captures incidents of identity‑based placements and whether comparable laws in other states had operational problems; sponsors pointed to several states that enacted similar limits and to the United Nations guidance as models. Concerns raised included gaps in statewide data about who is placed in restricted housing, potential costs to expand facilities or staffing (a fiscal impact report cited during testimony referenced multi‑million dollar costs over multiple years), and the difficulty of applying categorical protections while maintaining safety in small county jails.

After more than three hours of testimony and questioning, Representative Romero said she intended to continue working with stakeholders and “roll” the bill for further refinement rather than seek a committee vote that day. The committee did not take a formal vote on HB 533.

Supporters said the bill would provide clearer limits and required reporting; opponents said the draft as written risked staff and inmate safety in some facilities. Committee members signaled interest in amendments to clarify that identity alone should not be the sole basis for placement decisions and to establish clearer review and documentation procedures.

The committee recessed the item for further work; sponsors and agency staff agreed to continue negotiating language and follow up with the committee.