Felony Murder Elimination Project asking our dedicated and tireless supporters and advocates to help us protect New Mexico Second Chances legislation from potential action that could see people paroled from life sentences for crimes committed as children being called back to prison.
New Mexico Attorney General Raúl Torrez released an advisory opinion that is facially incorrect, advising the New Mexico Department of Corrections and the parole board that people paroled from life sentences for crimes committed as children must remain in custody on consecutive sentences. Now, the New Mexico Department of Corrections is using the advisory opinion to threaten the reincarceration of people who have been released under the juvenile reform law to “finish their sentences.” The non-profit organization (De)serving Life, a non-profit that empowers people impacted by incarceration through legal and reentry services, is now working around the clock to file emergency action in court to stop this and challenge the Attorney General’s troubling framing of the law.
This advisory letter from the Attorney General is causing trauma to people who have been released on parole from their full sentences and who now worry about going back to prison despite doing well on parole and in the community. These are people who committed crimes as children, have served their time, and worked diligently to grow, learn, and prepare for release, demonstrating their fitness before the parole board, and are now being threatened with being taken into custody unjustly.
FMEP is asking people to write to the Secretary of Corrections and ask that Corrections not act on the letter until it is resolved by the court. We need supporters ASAP to email Secretary of Corrections Alisha Tafoya Lucero (alisha.tafoyalucero@state.nm.us) and demand the Department of Corrections take no action under the advisory letter until the court can decide the issue.
You can also take action through a form provided by FAMM (Families Against Mandatory Minimums) and contact the New Mexico Department of Corrections, telling them to keep them paroled persons in their homes and communities as this legal matter is considered before the courts —>>> Keep New Mexicans Home!
See below for an email template, as well as structured talking points if you wish to compose your own email. As always, we are very greatful and deeply indebeted to the advocacy of our supporters as we work toward our shared goals of a more fair justice system.
Draft email template to Secretary of Corrections Alisha Tafoya Lucero (alisha.tafoyalucero@state.nm.us)
Dear Secretary of Corrections Alisha Tafoya Lucero, my name is ________________________ and I am affiliated with _____________________________.
I am reaching out to respectfully ask that the New Mexico Corrections Department (NMCD) refrain from enforcing the Attorney General’s Advisory Letter 2025-1.
This issue is currently pending litigation, and NMCD should not enforce an advisory letter that is under legal review.
This advisory letter is causing trauma to people who have been released on parole from their full sentences and who now worry about going back to prison despite doing well on parole and in the community. These are people who committed crimes as children, have served their time, and worked diligently to grow, learn, and prepare for release—demonstrating their fitness before the parole board—and are now being threatened with being taken into custody unjustly.
Enforcement of the advisory letter would undermine the very spirit of the law that was passed and harm people who have just begun to rebuild their lives.
As such, I respectfully ask that NMCD not enforce the harmful advisory letter until it can be fully litigated in court.
Thank you,
(your signature)
Talking points if you wish to create your own email:
1. The Legislature drafted clear language. The advisory letter violates the canons of statutory construction that lawmakers carefully follow to avoid confusion.
The Attorney General’s office suggests that the statute’s application to “stacked” sentences is unclear. It is not. The Legislature debated this issue in depth and drafted the law explicitly to ensure that youth sentenced to consecutive terms for a single case are entitled to a meaningful opportunity for release. The language reflects intent, not ambiguity. The Advisory Letter’s reading produces results that are both counterproductive and unconstitutional — denying release opportunities to the very people the law was designed to help and protect. When a statute’s plain meaning, purpose, and context all point in one direction, to read it otherwise is not interpretation; it is usurpation.
2. The issue of “stacked” sentences goes to the heart of the harms this law was meant to fix.
The Legislature enacted this reform so that children sentenced to long adult terms — often decades “stacked” end-to-end — could demonstrate growth, maturity, and readiness for release. The Attorney General’s position would undo that protection, keeping people in prison despite clear evidence of their rehabilitation and readiness for release. That is the exact injustice this law was designed to end.
3. The New Mexico Department of Justice is exceeding their constitutional role.
By issuing and enforcing an “advisory opinion” that redefines the meaning of Section 31-21-10.2, the Attorney General is not merely interpreting law — they are rewriting it. Under New Mexico’s Constitution, only the Legislature may enact laws, and only the courts may interpret them. The Attorney General’s interpretation directly invades both powers, disregarding the statute’s plain text, legislative intent, and constitutional purpose.
4. No action should be taken under the Advisory Letter until the courts decide the issue.
At minimum, the Department of Corrections and Parole Board should pause any action based on the Advisory Opinion. The matter raises serious constitutional and separation-of-powers concerns that only the judiciary can resolve. Acting on the Attorney General’s letter now would risk violating both state law and the rights of those it was enacted to protect.
