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Law change might ease Albuquerque jail crowding

Ticket or time?

• Traffic offenses that could be decriminalized under a proposal being pushed by Bernalillo County include:

• Not using your turn signal.

• Failure to yield.

• Improper lane change.

• Parking in a handicapped space.

• Some speeding violations.

• The proposal calls for such offenses to be decriminalized if there were no aggravating circumstances, injuries or accidents involved, said John Dantis, the county's public safety director.

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Bernalillo County officials want to decriminalize some traffic offenses to keep minor scofflaws out of its ever-crowded jail.

The proposal could mean 3,600 fewer people a year would face alternative punishments for their misdeeds, county officials say.

With the Metropolitan Detention Center almost 400 people over capacity on July 25, the plan might not come soon enough.

"I don't think you need to take someone to jail because of a warrant for no light for their license plate," said Bernalillo County Sheriff Darren White, who supports the idea.

Law enforcement officials take plenty of people to jail for both minor traffic offenses and warrants related to those offenses.

Between 75 and 100 people per month are booked on petty misdemeanor traffic violations, said John Dantis, the county's public safety director.

Between 240 and 270 people a month are booked for violating warrants for minor traffic offenses, Dantis said.

White said that of the 70,000 outstanding warrants in Bernalillo County, 50,000 are for traffic violations.

While the county wants to control its jail population, White said he doesn't want to send the message that minor violations are OK.

"I think you can hold people accountable without filling up the jails with people who are there for traffic offenses," he said.

County officials plan to present the idea on July 26 in Santa Rosa during a meeting of the Legislature's interim Corrections, Courts and Justice Committee in hopes lawmakers will consider the proposal at next year's legislative session.

Under the proposal, violators would face civil rather than criminal sanctions. The plan would require changes to the state's traffic code.

Details are still being worked out, Dantis said, but punishments could include fines, revoked licenses, vehicle impoundments, bad credit reports and community service.

Although the idea would only apply to minor offenses, Dantis said it would make a difference in the jail's population, which on JUly 24 was 2,725.

"The impact here is obviously substantial," Dantis said.

The county is under pressure to keep its jail numbers down as attorneys for inmates once housed at the Downtown jail at Fourth Street and Roma Avenue Northwest are keeping tabs on conditions at the jail on the West Side. Another status conference in that 12-year-old lawsuit is scheduled on July 27.

The New Mexico Association of Counties is considering including the proposal in its package of proposed legislation next year.

Albuquerque Mayor Martin Chavez said he supports the idea and is working with the county.

"I think it's a good move," he said.

Metro Court Chief Judge Judith Nakamura said she'll leave it up to lawmakers to weigh in on whether the offenses should be criminal or civil.

Nakamura said any change probably wouldn't affect the court's workload, which includes 65,000 traffic cases in a typical year.

"When an officer cites someone or issues a ticket, it's going to come to court whether it's a criminal or civil system," she said.

"I don't see it at all impacting who is coming through the front door."

Nakamura said she'd be happy with either a civil or criminal system as long as people show up in court, something about 20 percent of people don't do.

Money from traffic tickets doesn't go directly to the court, Nakamura said. But the court does receive money collected on warrants to pay 25 people who enforce warrants, she said. Should the county's proposal become law, Nakamura said she wants to be sure that funding continues.