New Mexico has a statute governing solitary confinement -- the 2019 Restricted Housing Act (HB 364) -- that defines restrictive housing as confinement of 22 or more hours per day without daily, meaningful, and sustained human interaction, prohibits it for pregnant women, juveniles, and people with serious mental illness, and requires quarterly transparency reports. New Mexico Corrections Department (NMCD) publicly states it does not use solitary confinement.
What NMCD actually operates is the Predatory Behavior Management Program (PBMP) at the Penitentiary of New Mexico (PNM) in Santa Fe. The PBMP places people in 8x10 foot cells, alone, for 23 hours per day, with one hour in a small outdoor cage on weekdays. The minimum stay is one year. Many people stay longer. NMCD spokesperson Jennifer Roembach described it this way: "To be clear, solitary confinement does not exist in the NMCD system. We utilize restrictive housing, like the PBMP, to fix behaviors."
On May 8, 2025, the ACLU of New Mexico and Keker, Van Nest & Peters LLP filed a class action lawsuit in state court in Santa Fe against NMCD and PNM, alleging that PBMP's conditions violate the New Mexico Constitution's ban on cruel and unusual punishment. The lawsuit asks the court to order NMCD to eliminate the PBMP and appoint a special master to oversee compliance.
What Solitary Confinement Is Called in New Mexico
NMCD uses "restrictive housing" and specifically the Predatory Behavior Management Program (PBMP) as its primary terms. NMCD denies that what it operates constitutes solitary confinement.
The 2019 New Mexico Restricted Housing Act (HB 364) defines "restrictive housing" as confinement in a locked cell or similar living quarters for 22 or more hours each day without daily, meaningful, and sustained human interaction. Under this definition, the PBMP -- 23 hours per day alone in an 8x10 foot cell -- meets the statutory definition of restrictive housing that the 2019 law was designed to regulate.
NMCD has used a pattern of terminology renaming: previously operating "Restrictive Housing Units" (RHUs); now operating the PBMP. Critics and attorneys describe this as "solitary confinement by any other name." Collins & Collins, P.C., a New Mexico law firm that has represented clients held in NMCD solitary, documented NMCD employees testifying in legislative hearings that solitary confinement "is like room service."
The Penitentiary of New Mexico and the PBMP
The PBMP operates at the Penitentiary of New Mexico (PNM) in Santa Fe, New Mexico's most secure state prison. As of May 2025, 147 people are in the PBMP at PNM. ACLU-NM estimates that approximately 400 people have been held in solitary over the last three years at PNM.
PBMP conditions documented in the May 2025 lawsuit:
- 8x10 foot cells.
- 23 hours per day alone in the cell.
- One hour in a similarly sized outdoor cage on weekdays only (some plaintiffs received recreation two or fewer days per week in practice).
- No programming access available in the cell -- people can only access courses they can complete individually.
- Minimum one-year stay; many people remain significantly longer.
- People with serious mental illness have been placed in the program.
NMCD's stated purpose for the PBMP: to "reduce predatory behavior" among incarcerated people. NMCD describes it as "a specialized year-long" program.
The May 2025 Class Action Lawsuit
On May 8, 2025, ACLU-NM and Keker, Van Nest & Peters LLP filed a class action lawsuit in Santa Fe state court on behalf of three named plaintiffs and all others held in the PBMP.
The lawsuit alleges:
- PBMP conditions constitute long-term solitary confinement.
- These conditions violate the New Mexico Constitution's ban on cruel and unusual punishment.
- People with serious mental illness are being placed in the PBMP in violation of the 2019 Restricted Housing Act's ban on such placements.
- Once labeled "predatory" by NMCD, people find it difficult to exit the program regardless of their behavior -- "that label sticks with people sort of regardless of what they do," said ACLU-NM Managing Attorney Lalita Moskowitz.
The lawsuit asks the court to:
- Order NMCD to make a plan to eliminate the PBMP.
- Appoint a special master to oversee compliance with court orders.
The Three Named Plaintiffs
GuJuan Fusilier, 34: Entered the PBMP in February 2024 and expects to remain until at least January 2026. Within 90 days of entering, he lost 40 pounds. He has received recreation time two or fewer days per week and has had no access to mental health care.
Mah-konce Hudson, 31: Entered the PBMP in July 2024 for his third time. He has spent approximately four years total in segregation across multiple PBMP placements. He is expected to complete the program in July 2025.
O'Shay Toney, 29: His fourth confinement in the PBMP. He has spent approximately five years total in the unit. He expects to complete the current stay in January 2026. "No programming combined with long-term segregation in harsh conditions leads to an increase in mental health and behavioral issues," Toney said.
The 2019 Restricted Housing Act
HB 364 (signed by Governor Michelle Lujan Grisham in April 2019) established state policy on restrictive housing in New Mexico. Key provisions:
Definition: Restrictive housing = confinement for 22 or more hours per day without daily, meaningful, and sustained human interaction.
Prohibited populations: Restrictive housing is prohibited for:
- Pregnant women.
- Juveniles.
- People with serious mental illness.
Quarterly transparency reports: NMCD must publish quarterly reports documenting restrictive housing use, including age, gender, ethnicity, reason for placement, and placement dates for every person in restrictive housing.
Pre-2019 context: Before HB 364, average stays in NMCD's Levels V and VI (supermax) were over 1,070 days -- nearly three years -- ranking New Mexico among the worst states for long-term isolation.
Whether the 2019 law's prohibitions apply to PBMP placements is a central legal question in the May 2025 lawsuit.
Prior Settlements
Attorney Matthew Coyte secured settlements from NMCD on behalf of clients held in solitary confinement before the 2025 class action. Those cases established that extended solitary confinement in New Mexico prisons has repeatedly led to legal liability.
What Families Can Do
If your person is in the PBMP or other restrictive housing at a New Mexico state prison:
Find where your person is housed. NMCD provides an offender search at cd.nm.gov. This confirms current facility and housing status.
Contact PNM directly. For people at PNM in Santa Fe, contact the facility through cd.nm.gov. Ask specifically what program your person is in, the start date, the expected release date from the program, and what out-of-cell time they are receiving.
Know the 2019 law's protections. If your person has a diagnosed serious mental illness, HB 364 prohibits their placement in restrictive housing. Document the diagnosis and whether NMCD followed its own law and the quarterly reporting requirements. If your person is pregnant or is a juvenile, they also cannot legally be placed in restrictive housing under HB 364.
Document conditions. Ask your person to report: exact daily out-of-cell time; recreation days per week (PBMP policy provides one hour on weekdays -- in practice, some plaintiffs received two or fewer days per week); access to mental health care; weight and health status. Document all of this in writing.
Request quarterly reports. NMCD is required by law to publish quarterly reports on restrictive housing. These are public documents. If NMCD is not publishing them, this is itself a violation of HB 364. Contact ACLU-NM if reports are not being published.
Contact ACLU of New Mexico. ACLU-NM (aclu-nm.org) filed the May 2025 class action and is the primary legal advocate on PBMP and NMCD solitary confinement. Contact them immediately if your person is in the PBMP and has a serious mental illness, is experiencing extreme weight loss or health deterioration, or is on their multiple placement in the program.
Contact Collins & Collins, P.C. Collins & Collins (collinsattorneys.com) is a New Mexico law firm that has litigated NMCD solitary confinement cases and has documented NMCD's terminology patterns for years.
File a grievance. NMCD has an administrative grievance process. Help your person file formal grievances for mental illness placement in violation of HB 364, inadequate out-of-cell time, denial of mental health care, and program conditions.
Seek legal help urgently if your person has a serious mental illness and is in the PBMP, if they are experiencing severe physical deterioration (such as documented weight loss), or if they are on a repeat PBMP placement. The May 2025 class action means ACLU-NM is actively engaged on this issue right now.
Frequently asked questions
What is solitary confinement called in New Mexico prisons?
NMCD uses "restrictive housing" and specifically the Predatory Behavior Management Program (PBMP) at the Penitentiary of New Mexico. NMCD denies operating solitary confinement. The 2019 New Mexico Restricted Housing Act defines restrictive housing as confinement for 22 or more hours per day without daily, meaningful, and sustained human interaction -- a definition the PBMP (23 hours/day alone) meets on its face.
What is the Predatory Behavior Management Program in NM?
The PBMP is a program at the Penitentiary of New Mexico (PNM) in Santa Fe. It places people in 8x10 foot cells for 23 hours per day, with one hour in a small outdoor cage on weekdays. The minimum stay is one year. As of May 2025, 147 people are in the PBMP. NMCD states its purpose is to "reduce predatory behavior." ACLU-NM and other advocates describe it as long-term solitary confinement. Once labeled "predatory" by NMCD, people find it difficult to exit the program regardless of subsequent behavior.
What are conditions like in New Mexico's PBMP?
8x10 foot cells. 23 hours per day alone. One hour in a similarly sized outdoor cage on weekdays -- in practice, some people receive recreation two or fewer days per week. No group programming. Individual in-cell work only. Minimum one-year stay. People with serious mental illness have been placed in the program. Plaintiff GuJuan Fusilier lost 40 pounds in his first 90 days and received no mental health care. Plaintiff O'Shay Toney described "no programming combined with long-term segregation in harsh conditions" leading to increased mental health and behavioral problems.
What is the 2025 ACLU-NM lawsuit about the PBMP?
Filed May 8, 2025 in Santa Fe state court, the class action lawsuit (ACLU-NM and Keker, Van Nest & Peters LLP) alleges that PBMP conditions violate the New Mexico Constitution's ban on cruel and unusual punishment, that people with serious mental illness are being placed in the PBMP in violation of the 2019 Restricted Housing Act, and that once labeled "predatory," people cannot exit the program regardless of behavior. The lawsuit asks the court to order NMCD to eliminate the PBMP and appoint a special master to oversee compliance.
What does New Mexico's 2019 Restricted Housing Act require?
HB 364 (signed April 2019) defines restrictive housing as confinement for 22 or more hours per day without daily, meaningful, and sustained human interaction. It prohibits restrictive housing for pregnant women, juveniles, and people with serious mental illness. It requires NMCD to publish quarterly reports documenting all restrictive housing placements, including age, gender, ethnicity, reason, and dates. Before HB 364, average stays in NMCD's supermax levels exceeded 1,070 days.
How long can someone stay in solitary in New Mexico?
The 2019 law does not set a maximum duration for adult restrictive housing placements (beyond the prohibited population bans). The PBMP has a minimum stay of one year. Many people stay significantly longer -- plaintiff Mah-konce Hudson has spent approximately four years total in the PBMP across multiple placements; plaintiff O'Shay Toney approximately five years total across four placements. ACLU-NM estimates 400 people have been held in solitary at PNM over the last three years.
Are mentally ill prisoners protected from solitary in NM?
In statute, yes. HB 364 (2019) prohibits restrictive housing for people with serious mental illness. In practice, the May 2025 lawsuit alleges that all three named plaintiffs have serious mental illness and were placed in the PBMP in violation of this prohibition. NMCD's denial that the PBMP constitutes "restrictive housing" may be the mechanism by which it claims compliance while continuing to place mentally ill people in the program.
Who are the plaintiffs in the NM PBMP lawsuit?
Three named plaintiffs: GuJuan Fusilier (34), who entered PBMP February 2024, lost 40 pounds in 90 days, received recreation two or fewer days per week, and has had no mental health care; Mah-konce Hudson (31), in the PBMP for the third time as of July 2024, approximately four years total in segregation; and O'Shay Toney (29), his fourth PBMP confinement with approximately five years total in the unit. The lawsuit is filed as a class action on behalf of all people held in the PBMP.
Can families visit someone in New Mexico's PBMP?
Visiting during PBMP may be restricted. Contact PNM directly through cd.nm.gov to confirm current visiting rules before traveling. Given the 23-hours-per-day isolation structure of the PBMP, visits may be non-contact or significantly limited compared to general population. Written mail generally retains stronger protections than phone or visits during restrictive housing.
What can families do if someone is in NM solitary?
Use NMCD's offender search at cd.nm.gov to find your person. Contact PNM to confirm program placement, start date, expected end date, and out-of-cell time. If your person has a serious mental illness, the 2019 law prohibits their placement -- document the diagnosis and contact ACLU-NM (aclu-nm.org) immediately. Document daily conditions including out-of-cell time, recreation days, mental health contacts, and health status. Request access to NMCD's quarterly restrictive housing reports. File grievances through NMCD's process. Contact ACLU-NM or Collins & Collins, P.C. (collinsattorneys.com) for legal referrals. ---