HOUSE DEMOCRATS NEWS RELEASE

Legislation expands treatment options for people who may pose a threat to themselves or others

Today, the House of Representatives sent Senate Bill 3 to the Governor’s desk to be signed into law. SB 3 makes it easier to proactively intervene and direct someone into treatment if they are suffering from severe mental illness and pose a high risk of harming themselves or others.

SB 3 had to return to the House after the Senate only partially concurred with amendments previously made in the House Judiciary Committee. Today, the House voted to concur with the Senate.  

Under current statute, it can be difficult to direct individuals who may be a danger to themselves or others into treatment, unless they have already caused serious bodily injury, experienced repeated hospitalizations, or been incarcerated multiple times. SB 3 provides clear and expanded criteria for what constitutes a risk of “harm to self” and “harm to others,” so judges can make informed decisions based on a person’s recent conduct, rather than having to speculate about their future actions. 

“We are creating more avenues to mental health treatment for members of our communities who are struggling with serious mental illnesses that puts them at risk of hurting themselves or others,” said House sponsor Rep. Pamelya Herndon (D-Albuquerque). “By providing our courts with clear guidelines for high-risk behaviors that may warrant intervention, we can get help to those in need, while also keeping communities safe.”

SB 3 allows doctors, close family members, law enforcement, or the courts to petition for an individual to receive supervised, outpatient mental health treatment through the state’s community-based Assisted Outpatient Treatment (AOT) program. SB 3 also resolves constitutionality concerns raised by legislators in prior versions of similar legislation.

The bill has more than a dozen bipartisan sponsors, including Rep. Herndon and Senators Antonio Maestas (D-Albuquerque), Crystal Brantley (R-Elephant Butte), and Pete Campos (D-Las Vegas). 

The House also passed several additional bills today to expand the state’s support for law enforcement and improve the safety of communities across the state, including: 

• Senate Bill 40, which would ensure routine state surveillance data cannot be sold or misused by those looking to misuse it for immigration enforcement, to prosecute protected healthcare activity, or other Constitutionally-protected activities. SB 40 now heads to the Governor to be signed into law.
• Senate Bill 264, which protects New Mexicans’ voting rights and the integrity of state elections, by prohibiting state or federal agencies from: keeping armed staff at polling places or ballot boxes, changing voter qualifications, conducting elections in ways contrary to state law, interfering with the right to vote and access polls, or interfering with the work of the Secretary of State, clerks or poll workers. SB 264 now heads to the Governor to be signed into law.
• House Bill 132, which expands the list of medical conditions for which police officers can receive workers’ compensation, to include PTSD, noise-induced hearing loss that results in physical impairment, and heart injury or stroke suffered within 24 hours of an emergency call or supervised physical training. HB 132 now heads to the Senate. 

House Democrats introduced a broad package of legislation and investments this session to ensure all New Mexicans feel safe in their communities. A non-comprehensive list of these legislative priorities is below. 

The Roundhouse will be open to the public for the entirety of this year’s 30-day session. Members of the public can also view floor sessions and committee meetings on the New Mexico Legislature’s Webcasts tab, and provide comment via phone or Zoom as directed on the daily schedule.   

Select Community Safety Priorities 

A non-comprehensive list of community safety investments and legislation introduced by House Democrats this session includes: 

• Continuing investments in law enforcement and our communities to address root causes of crime (HB 2)*
• Investing in evidence-based diversion programs at CYFD, to help prevent at-risk youth from becoming involved in crime and lead those with minor offenses down a better path (HB 2)*
• Allocating $2 million for crime-reduction grants through the New Mexico Sentencing Commission (HB 2)*
• Appropriating $2 million for intelligence-led policing (HB 2)*
• Directing $1.25 million to the Organized Crime Commission (HB 2)*
• Making dedicated investments in our justice system, including additional funding to support District Attorneys statewide, expand Juvenile and Teen Drug Court and add a family court judge in New Mexico’s Second Judicial District (HB 2)*
• Improving the courts’ ability to proactively intervene if a person suffering from serious mental health issues poses a threat of harm to themself or others (SB 3 )*
• Preventing the state from contracting with private ICE detention facilities to detain innocent immigrants, through the Immigrant Safety Act (HB 9)* 
• Ensuring routine state surveillance data cannot be misused by ICE (SB 40*)
• Addressing juvenile justice proactively, with age-appropriate accountability measures and improved services for at-risk youth (HB 5)
• Implementing commonsense gun safety solutions, like closing loopholes that allow dangerous individuals to have access to firearms (SB17, HB 49)
• Creating a Public Safety Workforce Building Program to help recruit, retain, and train public safety staff, including police, firefighters, corrections and detention officers, and district attorneys and public defenders (HB 255)*
• Supporting victims of crime by expanding eligibility for financial assistance through the state’s Crime Victims Reparations Commission (HB 206)* 

*Indicates legislation has passed House