Santa Fe, N.M. –Today, New Mexico Senate Democrats, together with their colleagues in the House of Representatives, took the final steps to pass major behavioral health and public safety legislation. This marks a key achievement in their commitment to enhance community safety by tackling crime and investing in behavioral healthcare and substance use treatment programs, ensuring New Mexicans receive the support they need, when and where they need it.
The New Mexico House of Representatives today concurred with the Senate’s amendments to House Bill 8, a significant reform package that addresses the state’s criminal justice system and public safety. The bill, which passed the Senate with overwhelming support (38-3), is now on its way to Governor Lujan Grisham for final approval.
Criminal Competency and Treatment
A key component of HB 8, the Criminal Competency and Treatment provision, expands options for individuals suffering from serious mental or behavioral health issues, offering more pathways to treatment. Currently, when a person is deemed not competent to stand trial, their case is often dismissed without appropriate treatment. This bill seeks to address the issue of the “revolving door” of individuals returning to the criminal justice system without proper care, a problem that impacts law enforcement, businesses and communities across New Mexico.
“This legislation is a great step forward in addressing critical gaps in the criminal justice system and mental health services,” said Senator Joseph Cervantes (D – Las Cruces). “By expanding the options for treatment, we will reduce recidivism, improve public safety, and ensure more individuals receive the care they need.”
The bill allows for individuals deemed not competent but dangerous to be sent to involuntary inpatient treatment, also known as criminal commitment. Additionally, it offers more options for those who are not considered dangerous by connecting them to assisted outpatient treatment programs.
Public Safety Reforms
HB 8 also includes several other important public safety measures:
- Fentanyl Trafficking Sentences: Enhances penalties for high-volume fentanyl trafficking in New Mexico, addressing the growing public health crisis caused by the drug’s potency.
- Fourth-Degree Felony for Mass Shooting Threats: Increases penalties for making mass shooting threats toward schools or public places, aligning it with penalties for bomb threats.
- Possession of Weapon Conversion Devices: Prohibits the possession of devices that convert semiautomatic weapons into fully automatic ones, aligning with federal law.
- Penalties for Vehicle Thefts: Strengthens penalties for repeat offenders in vehicle theft cases, ensuring harsher consequences for habitual offenders.
- DWI Blood Testing: Provides law enforcement with additional tools to enforce DWI laws, enabling them to test for controlled substances when probable cause exists.
These provisions are designed to make New Mexico’s communities safer while ensuring that individuals who need help receive the treatment and support they deserve.
Behavioral Health Reform Package
HB 8 is part of a broader effort to address public safety and criminal justice reform, which includes the Behavioral Health Reform Package. The package consists of three key bills: Senate Bill 1, Senate Bill 2, and Senate Bill 3.
- Senate Bill 1 (Behavioral Health Trust Fund) establishes a trust fund for behavioral health initiatives across the state, ensuring sustainable financial support for mental health and substance abuse treatment. The fund will also help secure matching funds from federal, local, and private sources. The measure passed with broad bipartisan support in both the Senate and the House, and now heads to the Governor’s desk to be signed into law.
- Senate Bill 2 earmarks $200 million to expand regional behavioral health services, including crisis response, outpatient care, housing, and other community-based needs, ensuring that more New Mexicans receive the care they need. This funding will come from the budget.
- Senate Bill 3 (Behavioral Health Reform and Investment Act) creates a new Behavioral Health Executive Committee to oversee the development of regional behavioral health resources and identify service gaps, tailoring solutions to meet local needs. The legislation establishes necessary guardrails and oversight to make sure these investments in behavioral healthcare reach the communities most in need. Today the Senate concurred with House amendments to SB 3, and the bill now goes to Governor Lujan Grisham for her signature.
“The behavioral health bills are the key to the success of the public safety package,” said Senate Majority Leader Peter Wirth (D-Santa Fe), sponsor of Senate Bill 3. “We will never incarcerate our way out of the addiction crisis we face. We now have treatment off-ramps so the repeat offenders can be diverted to the help they need.”
With these critical reforms, New Mexico is taking bold steps to reduce crime, improve public health, and enhance the effectiveness of its criminal justice system. The passage of these bills marks an important milestone in the 60-day legislative session, but lawmakers emphasize that their work is far from over. Efforts to improve public safety and behavioral health services will continue throughout the session.
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