State Sen. Moe Maestas, an Albuquerque Democrat, wants civil commitment to \u201cbecome a thing.\u201d<\/p>\n
\u201cI want the average legal practitioner, the average person dealing with family members struggling with mental health issues, that they know it\u2019s a thing,\u201d Maestas said. \u201cThis is an option for families and for providers.\u201d<\/p>\n
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Moe Maestas<\/p>\n
New Mexico has two legal mechanisms \u2014 one civil, one criminal \u2014 that could result in court-mandated treatment or evaluation for people with severe mental illness. A process called civil commitment authorizes family members, health care providers, district attorneys or police officers to petition the court to mandate treatment when individuals pose a danger to themselves or others. Meanwhile, when the issue of competency is raised in a criminal case, it halts prosecution pending a forensic evaluation.<\/p>\n
Both systems have been subject to heavy revisions by the Legislature in recent years, as lawmakers attempt to address the intersecting issues of homelessness, mental health and public safety.<\/p>\n
The changes have received mixed reviews from advocates and family members of people with severe mental illness, but most agree there are wide gaps that render the systems insufficient: Providers are scarce and treatment is expensive. Some argue the new legislation relies too heavily on the legal system to manage behavioral health issues.<\/p>\n
Public Defender Tess Williams cited a law change in recent years that would direct some defendants with mental illness to a community-based program: \u201cHowever, no such program exists in New Mexico,\u201d she said, \u201cso it\u2019s sort of an empty pathway.\u201d<\/p>\n
The new legislation also has sparked concerns from civil libertarians, who argue the reforms could infringe on New Mexicans\u2019 freedoms.<\/p>\n
But Maestas framed the Legislature\u2019s changes in recent years as a \u201creasonable\u201d reaction to the realities of today.<\/p>\n
\u201cWe\u2019re just recognizing problems that exist within a modern world and coming up with a modern legal structure to deal with those problems,\u201d he said.<\/p>\n
Civil commitment<\/p>\n
Senate Bill 3, passed earlier this year as a piece of priority legislation from Gov. Michelle Lujan Grisham, provides a definition for \u201cserious harm to self\u201d and \u201cserious harm to others\u201d within New Mexico\u2019s mental health laws, a change Maestas, the bill\u2019s sponsor, said will ensure the law is applied consistently across the state.<\/p>\n
The bill focused on reforming civil commitment \u2014 a process by which a court can mandate treatment \u2014 after a personal tragedy: A family member had died by suicide, despite efforts to help her stabilize her mental health.<\/p>\n
\u201cWhat it comes down to is, how do we get our loved ones the help they deserve?\u201d Maestas said. \u201cIf your loved one has behavioral health issues and is suicidal, how do you prevent that person from ultimately committing suicide?\u201d<\/p>\n
He continued, \u201cYou either tell a judge to throw them in jail for a year, or you petition the court through this assisted outpatient treatment statute.\u201d<\/p>\n
SB 3 updates definitions in New Mexico\u2019s mental health and disability law, as well as the state\u2019s Assisted Outpatient Treatment Act, to clarify what it means for people to pose \u201cserious harm\u201d to themselves or others \u2014 including high likelihood of self-inflicted injury or death or lack of capacity to take care of themselves. Previous versions of the law did not specifically delineate the latter.<\/p>\n
Signed by the governor in March, the bill will go into effect May 20.<\/p>\n
SB 3 garnered broad bipartisan support, with Republican Sen. Crystal Brantley of Elephant Butte signing on as a key supporter of the legislation.<\/p>\n
The bill was intended to confront a \u201chard truth,\u201d she wrote in a message to The New Mexican. <\/p>\n
\u201cWe\u2019ve seen too many cases where dangerous behavior is identified, but the tools to intervene meaningfully aren\u2019t used or aren\u2019t clear,\u201d Brantley wrote. \u201cSB 3 was designed to close that gap and to ensure that when someone poses a risk to themselves or others, there is a path to act decisively while still protecting due process.\u201d<\/p>\n