Santa Fe, June 26, 2024 – New Mexico’s Governor, Michelle Lujan Grisham, has unveiled a series of legislative proposals aimed at modifying state laws concerning mental health treatment. These proposals were discussed by top officials from the governor’s office with lawmakers from both the House of Representatives and the Senate in a session held on Wednesday.
Holly Agajanian, the governor’s general counsel, emphasized that the intent behind these bills is to take incremental steps to aid individuals deemed at severe risk either to themselves or to others. She highlighted the need to prevent cases where defendants are repeatedly found incompetent to stand trial, resulting in dismissals due to their inability to participate in legal proceedings.
Among the key proposals presented to the legislative Courts, Corrections, and Justice Committee is one that would compel judges to advise district attorneys to initiate proceedings for involuntary commitment in secured mental health facilities. According to the draft legislation shared during the meeting, individuals judged incompetent to assist in their defense, yet not considered dangerous, could be confined for up to a week. The draft also stipulates that those facing serious violent charges or repeat incompetence findings could be subject to involuntary commitment.
Agajanian underscored the goal of these changes, stating they aim to assess individuals who may require separate mental health treatment. She acknowledged concerns about the broad language used in defining terms like “harm to self” and “harm to others” under the proposed amendments to state law governing involuntary commitment.
Senator Katy Duhigg (D-Albuquerque) expressed reservations about the expansive scope of these definitions, suggesting they could inadvertently encompass individuals for whom such measures may not be appropriate. The discussion also touched on clarifying terms such as “extreme destruction of property,” which Agajanian acknowledged as needing refinement to avoid unintended consequences.
During the committee hearing, Winter Torres from the New Mexico Eviction Prevention and Diversion Program criticized the proposals, arguing they could unfairly target homeless individuals instead of addressing underlying social issues like housing instability. Torres advocated for utilizing Medicaid funds to support permanent housing solutions rather than resorting to incarceration as a response.
Peter Cubra, a retired attorney, voiced similar concerns about the potential impact on individuals with disabilities, urging lawmakers to proceed cautiously and allow for more thorough consideration of the proposals.
The final versions of these bills are expected to undergo further refinement before the special legislative session convenes on July 18 in Santa Fe. The debate underscores ongoing challenges in balancing public safety concerns with ensuring appropriate care and support for vulnerable populations.