New Mexico considering new system for dealing with mentally ill criminals

SANTA FE, N.M. (KRQE) – New Mexico might get a revamped system for handling accused criminals that are mentally ill. The changes are likely on the agenda for the upcoming special legislative session.

“What we have is a complete re-tooling of our system,” Holly Agajanian, the chief general counsel for the Office of the Governor, told lawmakers in a committee meeting on Monday. “It has to be a complete overhaul.”

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The overall idea is to bring mental health treatment to individuals in the criminal justice system across the state, essentially bringing Assisted Outpatient Treatment-type services that exist in Albuquerque to the rest of New Mexico.

Currently, the court serving Albuquerque offers a court-supervised mental health treatment program they say results in decreased drug use, decreased violence against others, and decreased homelessness. There are also plans to re-tool the civil commitment process, Agajanian said. “At the end of the day, what it means is that each judicial district has to have a whole set of wraparound services.”

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The governor’s office is also considering a “crisis stabilization” system, which would allow police officers to not arrest an individual for misdemeanor violations. Instead, law enforcement could offer treatment services to the individual, Agajanian explained to lawmakers.

The governor’s office is also considering a pedestrian roadway safety bill. Earlier this year, a bill to address panhandling on public roads faced constitutional questions. Now, Sen. Antoinette Sedillo Lopez (D-Abq.), said she’s expecting similar debates over a new safety bill, although representatives from the governor’s office say the focus is not on panhandling.

Overall, lawmakers reacted with hesitation, particularly when it came to a broad re-tooling of mental health interventions.

“You’re asking 112 people to make a decision in two days, that out of those 112, there are maybe five that understand the intricacies of this issue,” Rep. Alan T. Martinez (R-Sandoval) said. And Martinez wasn’t alone in that sentiment.

“It terrifies me that we’re talking about a bill that includes a civil component and a criminal component and that somehow, in a special session, we’re going to look at those elements and get it right,” Rep. Micaela Lara Cadena (D-Doña Ana) said.

Agajanian responded to concerns: “It’s going to just require a lot of work. But again, that’s why we want to get to it now.”

Lawmakers were also less than enthusiastic about the other proposals. Sen. Joseph Cervantes (D-Doña Ana) pointed out that the state has tried several times to address the issues of felons in possession of firearms. He noted that the legislature tried increasing penalties in previous years. And during the most recent session, they considered a bill but stalled it in a committee hearing because the changes to penalties didn’t seem to be “moving the needle.” So, “perhaps we have to ask ourselves a little harder question – whether this is really the solution,” Cervantes said.

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