SANTA FE, N.M. — Late yesterday, a state district court judge ordered the New Mexico Adult Parole Board to release Jesse Tooker to the community, ruling that New Mexico’s landmark 2023 second chance law,Senate Bill 64, requires that people sentenced to prison as children be eligible for parole regardless of whether they carry consecutive sentences from the same case. De(serving) Life represented Jesse in the litigation. The American Civil Liberties Union (ACLU) of New Mexico was central to the 2023 campaign to end juvenile life without parole and joined in advocating for the law’s full implementation.
“I have watched my brother grow into someone I am so incredibly proud of — a man of deep faith, compassion, and integrity who has spent decades pouring himself into others,” said Sarah Htoutou, Jesse Tooker’s sister. “This is a joyful day. Our family has waited a long time to bring him home.”
Jesse Tooker had a childhood shaped by adversity. In 1996, at age 17, he was convicted and sentenced to life in prison plus two consecutive 11-year terms for a serious crime he committed. He has spent 31 years — more than two-thirds of his life — in the adult prison system. Over the last three decades, he has transformed. He carries deep remorse for the irreversible harm he caused as a child, has completed extensive education and behavioral health programs, and serves as a ministry mentor to fellow incarcerated people.
In August 2025, the Parole Board unanimously found Tooker fit for release under SB 64, concluding he had been rehabilitated and “may reintegrate into the community as a law-abiding productive citizen.” However, the New Mexico Department of Corrections and the Attorney General took the position that he had to remain in prison on a consecutive sentence, despite being granted parole. Yesterday’s ruling reverses that action, finding that SB 64 expressly provides that parole eligibility “shall occur whether the offender is serving concurrent or consecutive sentences for multiple convictions arising from the same case.” Tooker was orderedreleased and paroled to the community.
“Today, the court affirmed what we know to be true: that children, even those who commit serious harms, are capable of redemption and deserve a chance at life outside of prison,” said Stephen Taylor, Executive Director of De(serving) Life. “Jesse was sentenced in the ‘90s during a political moment much like this one, when young people and their struggles were weaponized to demand harsher laws. His story asks something different of us. It asks us to hold our systems accountable for the harm they inflict in the name of justice, and to believe in something better — and to build it.”
Senate Bill 64, passed in 2023, created a pathway for people like Jesse condemned to die in prison for offenses committed as children to demonstrate their transformation and earn a chance at freedom. It applies retroactively to all people currently serving adult sentences for crimes committed as children.
“New Mexico believes in redemption,” said Lena Weber-Salazar, Policy Director of the ACLU of New Mexico. “Children are among the most vulnerable members of our society and must be protected from the harshest punishments of the adult criminal legal system. True accountability requires investing in their capacity for change. Yesterday’s ruling honors what the legislature enshrined in law in 2023. Jesse has spent 31 years demonstrating who he is. He is deserving of the freedom he was granted, and we are grateful the court has honored that decision.”
About De(serving) Life
De(serving) Life is an Albuquerque-based nonprofit organization that supports incarcerated people navigating the discretionary parole process and whose mission is to build bridges for people to go from serving life to living it. (De)serving Life envisions a New Mexico with a public safety system centered on healing for everyone impacted by harm and advocates for policies that reflect their values of accountability, dignity, community, and healing. For more information, visit: de-serving.org
About the American Civil Liberties Union of New Mexico
The American Civil Liberties Union (ACLU) of New Mexico is a nonprofit, nonpartisan organization dedicated to defending and advancing civil liberties and civil rights for all people in New Mexico. For more information, visit: aclu-nm.org
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