A New Mexico district court ruled that the state’s landmark 2023 Second Chance Law (SB64) means exactly what it says: people sentenced as children are eligible for parole to the community–regardless of consecutive sentences from the same case.

In 1996, Jesse Tooker was sentenced to life in prison plus two consecutive 11-year terms for an offense he committed at age 17. In August 2025, the New Mexico Adult Parole Board unanimously found Mr. Tooker rehabilitated and fit for release, granting him parole under SB64. In October 2025, the New Mexico Attorney General (AG) issued an advisory opinion interpreting “parole,” under SB64, to not mean “freedom.” Instead, the AG concluded it meant paroling Mr. Tooker into his next consecutive sentence, totaling 22 additional years of incarceration before being released to the community.

In May 2026, a New Mexico First District Court affirmed that “parole” means release to the community, not continued incarceration. The court ordered Mr.Tooker’s release.

In 2023, CFSY worked with advocates in New Mexico to pass SB64, recognizing that children sentenced to a lifetime behind bars deserve a meaningful opportunity to demonstrate their transformation and earn a chance at freedom. Critically, it applies retroactively to all people currently serving adult sentences for crimes committed as children.

As the district court made clear in Tooker, SB64 is clear on its face: “Parole eligibility and a parole hearing shall occur whether the offender is serving concurrent or consecutive sentences for multiple convictions arising from the same case.”

This ruling is a relief for the many people paroled under SB64 who carry consecutive sentences, some of whom have already been rebuilding their lives in the community for years.

This ruling is a reminder that second-chance laws only work when they are successfully implemented.

Congratulations to the advocates at (De)ServingLife, the ACLU of New Mexico, directly impacted leaders, and all who worked to make this moment possible. Welcome home Mr. Tooker.

To learn more: Read CFSY’s press release on New Mexico’s landmark ban on juvenile life without parole in 2023 here.