New Mexico Governor Michelle Lujan Grisham is planning a special legislative session in July, during which she will propose changes to state law. The proposed changes are aimed at helping individuals who pose an extreme danger to themselves or others. However, the governor’s previously proposed overhaul of “assisted outpatient treatment” will not be part of the July agenda, as it is too extensive for the special session. Instead, a more focused version will be presented.
The proposed changes to the “assisted outpatient treatment” law would require judges in certain circumstances to advise local district attorneys to consider starting the process of involuntary commitment in a locked mental health facility. The court could confine someone for up to a week if they are not competent to participate in their own legal defense, are not dangerous, and the judge dismisses the criminal case. If the criminal charges are a serious violent offense, involve a gun, or if the defendant has been found incompetent to stand trial at least twice in the past year, a judge could put that person into a locked mental health facility for up to a week.
Another proposal would change the legal definitions of “harm to self” and “harm to others” in the state law that governs commitment in a locked mental health facility. The proposed definitions are broad and could potentially affect many people, leading to concerns about their appropriateness.
Critics of the proposed changes argue that they criminalize homelessness and do not address the root causes of the issues. Instead, they suggest using Medicaid funding to pay for housing as a more effective solution. Retired attorney Peter Cubra, who helped dismantle state-run institutions for people with developmental disabilities, has asked for the proposals to be slowed down, stating that they are too controversial and impactful to be addressed in the special session. He also expressed concern about the potential harm to individuals with disabilities who are not eagerly seeking treatment, and the lack of access to treatment for those who are begging for it.
