New Mexico faces critical public safety gap: Competency and behavioral health treatment

New Mexico faces critical public safety gap: Competency and behavioral health treatment

Despite several gun control bills left sitting on the House floor, the governor confirmed she really wanted lawmakers to approve a bill reworking how the courts address competency and behavioral health treatments.

SANTA FE, N.M. — It’s been one week since the 30-day legislative session ended, and it’s been one week since Gov. Michelle Lujan Grisham hinted she may call for a special session to get more public safety bills across the finish line.

Despite several gun control bills left sitting on the House floor, the governor confirmed she really wanted lawmakers to approve a bill reworking how the courts address competency and behavioral health treatments.

Usually the “revolving door” refers to criminals who are arrested, released before trial with conditions, and then arrested again for committing more crimes. State lawmakers did approve a bill this year addressing that part of the issue, but law enforcement leaders say the revolving door also includes suspects who are arrested, deemed incompetent to stand trial, and then released back on the streets – only to be arrested again.

It’s a gap in the system that state leaders want to close, but changing state law is only part of the solution.

“Right now we just keep doing the same thing and we’re just having people go through the system with no real help for them, and it’s not good for the community,” Bernalillo County District Attorney Sam Bregman said.

Bregman believes state lawmakers were on the right track with Senate Bill 16. It is a proposal to allow judges to order certain low-level suspects into behavioral health treatments to restore their competency, so they’re able to stand trial.

“A tremendous amount of cases are being dismissed because if someone’s not competent, they can’t help in their defense,” Bregman said. “And that’s not the way our criminal justice system works.”

It’s an issue that New Mexico’s top public defender agrees needs to be fixed.

“It’s important that people know that treatment, instead of incarceration, isn’t just to be nice to the person facing the charge,” Chief Public Defender Bennett Bauer said. “It’s really what builds community safety.”

Both Bregman and Bauer suggest that court-mandated treatment could help.

“We, as a community, need to step in, but much of that is stepping in and providing assistance to lift those folks up,” Bauer said.

Albuquerque city councilors cast their support for the proposal during a meeting Wednesday, but not before addressing the elephant in the room.

“We don’t have the health system to help even meet any of this,” Albuquerque City Councilor Nichole Rogers said. “Who’s going to do these mental evaluations? We don’t have enough providers, we don’t have enough facilities for folks to go to.”

Bauer said it’s a good thing SB 16 died in the Roundhouse because he believes lawmakers and law enforcement leaders need more time to work through those health care capacity issues.

“Creating the capacity for treatment in the 33 counties in New Mexico, and at the same time, we create a court system that supports that community safety is critical,” Bauer said.

It’s still unknown if the governor will actually call a special session to try to get this legislation through.

However, Bregman and Bauer suggested a special session wouldn’t provide enough time to make sure lawmakers get this right the first time. They believe this is something for lawmakers to tackle during next year’s 60-day session.