On April 17, New Mexico Gov. Michelle Lujan Grisham announced she will call state legislators into a Special Session starting July 18.  The session will focus on addressing public safety proposals. The governor said she expects the session to wrap up within several days. She decided to convene the session to allow lawmakers to finish what they started during the regular 30-day session.  The upcoming special legislative session will be the fifth special session the governor has called while in office.

According to a news release, the session will focus on public safety. The Governor’s news release says in part:

“While we made some progress toward a safer New Mexico during the 30-day day session, we agree that we must do more. The special session in July will enable us to deliver additional statutory changes that reduce the danger and risk New Mexico communities face every day. The best proposals for making our state safer will be under consideration, and I welcome input from my colleagues in the legislature.”

https://www.governor.state.nm.us/2024/04/17/gov-lujan-grisham-announces-special-session-starting-july-18/

Senate Majority Leader Peter Wirth said  the special session will give lawmakers more time to work through details on complex public safety bills. Wirth said this in a press release:

“The Governor’s announced date for a special session gives us enough time to find consensus public safety legislation that can pass both chambers. Discussions between the Governor and legislative leadership to date have focused on bills from the recent 30-day session that required more work due to their legal complexity, namely: criminal competency, felon in possession of a firearm and panhandling. We have agreed additional gun safety and pre-trial detention bills will wait for the sixty-day session in January. In the next several months, we will also focus on finding ways to expand the critical safety net of mental health and treatment services that are vital to the success of the legislation that will be considered.”

The links to quoted news sources relied upon are here:

https://www.krqe.com/news/politics-government/governor-lujan-grisham-calls-for-special-session-in-july/

https://www.kob.com/new-mexico/new-mexico-governor-calls-special-session-on-public-safety/

https://www.koat.com/article/governor-announces-special-session-public-safety/60524385

https://www.abqjournal.com/news/special-legislative-session-on-crime-slated-for-july/article_e0033e54-fcce-11ee-a2cc-972f1ab7c84e.html

FOUR MEASURES BEING DISCUSSED

In a March 26 interview with the Santa Fe New Mexican, Governor Lujan Grisham said there are 4 measures she might include in a Special Session:

The first bill would send criminal defendants who are found incompetent to stand trial to a mental health or behavioral health treatment program. Supporters, like Bernalillo County District Attorney Sam Bregman, say there are far too many suspects who are arrested, deemed incompetent to stand trial, and then released back on the streets only to commit more crimes. It’s one version of the so-called “revolving door” that the governor clearly wants to close. It appears that bill,  which did not make it very far in the previous legislative session, is at the top of the special session agenda.

The second bill would be “sort of a civil counterpart to [to the first]”  Lujan Grisham said. It would offer mental or behavioral health programs to people with “a significant mental health issue and a chemical dependency” when family members are unable to have them involuntarily held in an inpatient facility. The bill would allow for treatment for at least 90 days according to the Governor. The governor said this:

“Judges want this tool. … They can meaningfully use it.”

The third measure would restrict panhandling and in particular when people are camping out on medians or standing near busy intersections. The governor said she has seen people lying down in roadways and chasing vehicles, including hers. The Governor said this:

“This has to end because someone on the streets is going to get killed. A child is going to get killed. A motorist is going to get killed or kill someone.”

According to the Governor, the 3 bills together would “allow us then to focus on the remaining supports and remedies — housing, income, the ability to provide meaningful behavioral health for people who couldn’t get access.”

The fourth bill would increase penalties for some crimes, such as being a felon in possession of a firearm.

https://www.santafenewmexican.com/news/legislature/governor-special-session-on-public-safety-measures-more-likely-than-not/article_9e392f96-ebb3-11ee-85fb-c3469c35fa27.html

COMMENTARY AND ANALYSIS

Ever since the 2024 legislative session ended on February 16, Governor Lujan Grisham has more than once hinted at calling a Special Session.  Now that it’s official, the Special Session called by the Governor for public safety should include the statewide expansion of the existing Second Judicial District Mental Health Court to include mental health commitment hearings by district attorneys and public defenders.  There is a critical need for a civil mental health and drug commitment court for the homeless suffering from mental illness and/or drug addiction and who pose a threat to themselves, their family or to the general public. Such courts do in fact exist in the other parts of the country and have proven to be highly successful.

The existing Second Judicial District Mental Health Court program is 100% voluntary, and is an alternative to the standard judicial process and that should be changed.  It should be made mandatory to function as outreach and treatment court for the drug addicted and the mentally ill in a hospital or counseling setting and not involving jail incarceration.

CREATE A 14^TH JUDICIAL DISTRICT MENTAL HEALTH TREATMENT COURT

Warehousing the mentally ill or drug addicted in jails for crimes committed is not the answer and does not address treatment and the court’s must be looked to as part of the solution.

Governor Michelle Lujan Grisham and the New Mexico Legislature need to proceed with the Special Session, but one primary emphasis should be the creation of a new 14^th Judicial District Court with 3 separate regional divisions one located in Albuquerque, one in Las Cruces and one in Las Vegas, New Mexico with the creation of at least 3 District Court Judge positions with 6 year terms appointed by the New Mexico Supreme Court.

Appointment by the Supreme Court would ensure rapid filling of the new positions and take the elective partisan politics out of the process.  The Administrative Offices of the Courts must play  a pivotal role in setting up the new court process, including locating the new Mental Health Treatment Court in existing court houses in all 3 locations.

Governor Michelle Lujan Grisham and the legislature should seek to designate the 14^th Judicial District Court a specialty “Mental Health Treatment Court” functioning as outreach and treatment court for the drug addicted and the mentally ill in a hospital or counseling setting and not involving jail incarceration.  The existing Second Judicial District Mental Health Court would be consolidated into the Albuquerque District Mental Health Treatment Court.

There is an even bigger need for the construction and staffing of a mental health facilities or hospitals to provide the services needed to the mentally ill or drug addicted. As it stands now, there exists less than adequate facilities where patients can be referred to for civil mental health commitments and treatment. There is glaring need for a behavioral health hospital and drug rehabilitation treatment facility.  The Bernalillo County Behavioral Health Center and the Las Vegas Mental Health hospital could be expanded to accommodate for court referrals and a new behavioral health facility could be constructed in Las Cruces to handle mental health commitment and treatment.

New Mexico is currently experiencing historical surplus revenues and this past legislative session the legislature had an astonishing $3.6 Billion in surplus revenue. Now is the time to create a statewide Mental Health Court and dedicate funding for the construction of behavioral health hospital and drug rehabilitation treatment facilities the courts can rely upon for referrals.

Creation of a new court system must include funding for District Attorneys and Public Defenders with dedicated personnel resources for the filing and defending of civil mental health commitments as prescribed by law.

A statewide mental health court with mandatory civil commitments will get treatment to those who need it the most, help get the unhoused off the streets and help families with loved ones who resist any mental health treatment.

The link to a related blog article is here:

ABQ Journal Dinelli Guest Opinion Column: “Lawmakers should set up statewide mental health court”; Related Column: Laws, Statistics, and Resources Needed To Create 14th Judicial District Court For Mental Health Commitment Court

On February 17 APD Chief Harold Medina and his wife were in a city unmarked APD truck on their way to a press conference with Mayor Tim Keller. Medina decided to stop and call APD to clear a homeless encampment   Medina witnessed two people fighting, a gun was pulled and pointed at Medina and a shot was fired. In response Medina fled from the scene and drove through a red light and he T-boned a 1966 Ford Mustang. Chief Medina admitted he ran a red light. The other driver sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung and was taken to the hospital in critical condition where he underwent 7 hours of surgery for injuries. Medina referred the car crash to APD Internal Affairs and the Superintendent of Police Reform Eric Garcia for investigation.

On April 3 Superintendent Garcia gave an update to the Albuquerque City Council on the Internal Affairs investigation of Chief Medina.  He said the APD Fatal Crash unit conducted an investigation, prepared a final report and forwarded it to the Crash Review Board.  The report concluded that while Chief Medina “did enter an intersection failing to obey the traffic control devise (sic) without activating his emergency lights and sirens … resulting in a vehicle crash causing injury”  the car crash was “non preventable”.  The APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable.”  APD has now said that Chief Medina will not be charged.

In response to Superintendent Garcia’s remarks that the crash was “non-preventable” City Councilor Louie Sanchez said this:

“If the chief would have made a police action and executed his police powers and made an arrest immediately, we would not have a traffic accident. We would not have an investigation. How can you say that this is not preventable?”

SURVEILLANCE VIDEO OF MEDINA’S CRASH REVEALS CRASH WAS PREVENTABLE

On Tuesday, February 20, Chief Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel.  He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel and he gave his version of what happened and what lead up to the crash. Medina said on the video he thought the oncoming Mustang would pass through intersection before he got there. Medina said this in his video statement:

“I looked to my left, and the intersection was cleared. … And I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”

APD lapel camera video of Chief Medina being interviewed by APD police soon after the February 18 crash has been released. In the video, Medina says this:

“The individual that was facing east through a handgun, I heard the shot go off and still had the handgun up in his. We tried to get across out of the line of fire because my wife was on the passenger side as we tried to get out of the line of fire so I could get out and try to confront the individual. As we were crossing, we struck that gold card. And I think I think I tried to slow down and still trying to clear the intersection and get away from the spot.”

The link to the quoted news source is here:

https://www.koat.com/article/new-body-cam-video-shows-moments-after-impact-in-apd-chief-crash/60457197

On February 21, APD released a surveillance video that shows Chief Harold Medina running a red light and crashing into the Ford Mustang seriously injuring the driver of the Mustang.   The surveillance video reveals that the intersection was not clear as Medina has proclaimed when Medina ran the red light. The surveillance video shows Medina  cutting  in front of another car before accelerating at a high rate of speed through the intersection and T-boning the other vehicle. The video shows Medina drives his truck into westbound oncoming traffic, he drives between two vehicles, one of which appears to stop to avoid a crash. Medina’s truck then accelerates at a high rate of speed and crosses the two west bound lanes of Central and crashes into the classic Mustang that was headed East.

The crash resulted in both vehicles doing a half circle turn in a counterclockwise direction. Medina’s truck came to rest against the southeast corner of the intersection with front end and rear end damage including a collapsed rear wheel reflecting an apparent broken axle. The Mustang was struck on the driver’s side with the door ripped opened and it also struck the south curb just east of the intersection and skid and rolled east for a distance before coming to rest, facing west, in the eastbound lane.

MEDINA ORDERS MANDATORY PERSONNEL MEETINGS INCLUDING INTERNAL AFFAIRS OFFICERS AND SUPERINDEDANT OF POLIC REFORM INVESTIGATING MEDINA

On Wednesday, April 3, the Albuquerque City Council voted on a City Council Resolution to remove and terminate APD Chief Harold Medina for cause. However, no final vote was taken and the Resolution was withdrawn by Westside City Councilor Louie Sanchez. Prior to the City Council meeting APD Chief Medina ordered all APD sworn and civilian staff to attend personnel meetings where he discussed the “No Confidence Resolution”, the APD bribery and conspiracy scandal to dismiss DWI cases and his February 17 car crash. All the meetings were held at the APD academy. According to sources, 4 meetings were ordered.

KOAT TV Target 7 obtained audio recordings of one of the meetings where  Chief Harold Medina talked  about the investigations into himself and the department.  During the meeting Chief  Medina made highly critical remarks of the city council’s attempts to remove him as Chief. He tells the assembled officers and civilian employees and makes it very clear he has no intent of going anywhere and will remain chief.

Sources have confirmed that Medina refers to himself in the third person and attacks his critics, including city councilors and even bloggers at times individually by name, and says the person “does not like Chief”.  Medina simply does not understand that it’s not an issue of people hating him as an individual, but people taking issue with his  incompetency and what he has done to APD to destroy it. Medina goes so far as to say he intends to remain as Chief until December 2025 when Mayor Tim Keller’s second term ends.

It’s common knowledge that Mayor Tim Keller is preparing to seek a third term in 2025 and Medina will without a doubt be an issue in the race for Mayor. Mayor Tim Keller has repeatedly gone to the defense of Medina, he says Medina has done a good job and has refused to terminate Medina saying with a straight face that  Chief Medina “is arguably the most important person right now in these times in our city.”

During the meeting KOAT TV reported on, Chief Medina can be heard making comments about the FBI investigation into APD’s DWI Unit. Medina said this:

“We trace it back to some of the people who have resigned who were in DWI in the early 2010s. The ongoing investigation will continue. There’s not widespread corruption within the department.”

Medina mentions concerns regarding the corruption investigation and how it will affect the DOJ consent decree and the federal oversight of the department. Medina says this:

“I worry about some paragraphs in terms of investigation, and we’ll see how this goes. ”

Chief Medina then talks about his February 17 car crash. At the meeting are Internal Affairs investigators and Superintendent of Police Reform Eric Garcia.  Some of the Internal Affairs officers in attendance are assigned to investigate whether Chief  Medina violated any policies when he ran a red light and crashed into another car. Medina says this:

“Once again, one city councilor [known to be City Councilor Louie Sanchez] decides this case should be shipped off to another agency for investigation of the traffic crash. … .  What are they going to discover? That I didn’t cause the accident. Like what is in dispute? We probably will send it off somewhere else so they can look at it, to appease everybody.”

The Chief then criticized the city council, which took a vote of no confidence later that week, saying he will be fine because he plans to retire soon.

“Am I pissed? Yes, I am pissed. But you know what? I’m fine. I’ll go through that tomorrow. I have my plan. They have their plan. We will play this game until December 2025, when I decide to retire.”

He then concludes by talking about how  years ago Superintendent of Police Reform Eric Garcia reprimanded him. Garcia was standing next to the chief during the meeting, he did not dispute anything the Chief was saying as if he had no problem with what Medina was saying to APD sworn.  Medina jokes about how Garcia is now the Superintendent of Police Reform and is in charge of disciplining the chief. Medina said this:

“The last person to discipline me was [Eric Garcia]  the day I got promoted to sergeant. Eric Garcia gave me a letter of reprimand as my lieutenant. Thanks, Eric. And hopefully, you will give me that last discipline in the course of my career.”

https://www.koat.com/article/albuquerque-police-chief-recorded-lets-appease-everyone-crash-investigation/60473617

COMMENTARY AND ANALYSIS

The Office of Internal Affairs and the Office of Superintendent of Police reform are supposed to be fair and impartial in their investigations of police misconduct. They are supposed to be above reproach and above influence of the Chief, the Mayor and City Council. No Chief can dictate nor order the outcome of any Internal Affairs Investigation, but that does not stop Medina from trying.

It is downright obscene that Chief Harold Medina would have mandatory staff meetings to discuss his car crash in front of all sworn personnel which included the very Internal Affairs officers who are investigating him as well as the Superintendent of Police Reform Eric Garcia who stood beside the Chief during his comments which was totally inappropriate.  It is clear Medina was lobbying both the Internal Affairs officers and the Superintendent for Police Reform for a favorable outcome of their investigations. Their presence at the mandatory staff meeting sent the undisputable message to all  APD sworn personnel and civilian staff they have the Chief’s  back and that the investigations are going nowhere and neither is the Chief.

AN AVOIDABLE AND PREVENTABLE ACCIDENT

It is obscene and an insult to the general public’s intelligence that the APD Crash Review Board voted unanimously to deem Chief Medina’s crash as “non-preventable.” It is an absolute farce that Chief Medina’s car crash that put another driver in the hospital in critical condition was ruled “unavoidable” by APD officers who are under his command. It’s a no brainer that an independent, outside investigation should have been ordered immediately by Mayor Tim Keller and that Medina should have been placed on administrative leave pending that investigation. Instead, we have a sham of an investigation by police officers who work for Medina and who he is clearly influencing.  (Editor’s Note: The postscript to this article provides the definitions of “preventable” and “non preventable” crashes.)

Simply put, the crash was  preventable  and could have been avoided by simply stopping at Central, or turning right to go West on Central.  Instead, Medina ran through a red light in a panic and floored the  gas pedal of his vehicle  and went forward.  The APD Crash Review Board voting unanimously to deem Medina’s crash “non-preventable” is nothing more than a cover up of a preventable accident that gives Chief Medina a defense and APD an excuse not to charge Medina with reckless driving. The finding will allow the City to argue the other driver was contributorily negligent as to crash responsibility.

Surveillance video shows Medina cutting in front of another car before accelerating at a high rate of speed through the intersection. Medina’s actions and the car crash fit the very definition of reckless driving by a person who “drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger … any person or property.”  APD policy for responding to calls says when officers are responding to a call they must “exercise due regard for the safety of all persons and property.” It adds that they have right of way while responding to a call, but it does not relieve them from the duty to drive with due regard for the safety of all others.

STANDARD OPERATING PROCEDURES VIOLATED

Based on all the news accounts and the comments, statements and the admissions against interest and admissions of liability made by Chief Harold Medina, it is clear Medina violated one or more of APD’s Standard Operating Procedures. Medina has his wife in the vehicle as he engaged in a law enforcement call.  Chief Medina has admitted that he did not have his body camera on. Medina has admitted he did not have his police radio on in his truck which is a standard operating procedure violation.  Medina also admitted he did not turn his body camera on in a timely manner which is a violation APD Standard Operating procedures. At no point did Medina have any emergency equipment on during or after the event which is another violation.

APD PROVES AGAIN UNABLE TO POLICE ITSELF

APD has repeatedly shown it is unable to police itself.  APD’s inability to police itself is proven by the Department of Justice Court Approved Settlement agreement that mandates 271 reforms after it was found that APD engaged in a pattern of excessive use of force and deadly force and finding a culture of aggression within APD. It has been proven recently that it can not police itself by the DWI dismissal and bribery scandal that is still being investigated by the FBI and that has resulted in the resignations of 5 APD officers. And now APD has found that the February 17 crash was none preventable and that Medina will not be charged. The February 17 crash should have been investigated by another law enforcement agency to eliminate any doubt of a cover-up by APD.

Any other APD police officer involved in such a crash that caused serious bodily injury to another would have been charged and immediately placed on administrative leave and investigated and perhaps terminated. Any private citizen involved with such an accident would have been charged and arrested and hauled off to jail. APD Chief Harold Medina must be held 100% responsible for the car crash critically injuring another.  Chief Medina should be charged with Reckless Driving and be terminated “for cause” for the numerous violations of APD’s Standard Operating procedures.

_____________________________________________________________

POSTSCRIPT

APD STANDARD OPERATING PROCEDURES

It is 2-50 of APD’s Standard Operating Procedures that creates the Crash Review Board. The purpose of the Crash Review Board (CRB) is to review and classify all Albuquerque Police Department-issued vehicle crashes as preventable or non-preventable. The CRB reviews all preventable crashes for cause analysis to prevent similar types of crashes in the future

Section 2-50-3 of APD’s Standard Operating procedures that defines a crash as “An unintended event resulting in injury or damage involving one (1) or more motor vehicles as defined by the National Highway Traffic Safety Administration (NHTSA) and defines a  Non-Crash as Damage caused by an intentional act that is not a crash, under normal driving conditions, which strikes a motor vehicle likely to cause damage this includes, but is not limited to a Pursuit Intervention (PIT) maneuver.”

Section 2-50-3 C  of APD’s Standard Operating procedures defines a “Non-Preventable” crash as  “A crash that involved a motor vehicle that could not have been averted by an act, or failure to act, by the driver when the driver exercised normal judgment and foresight and was unable to avoid it or which steps would have risked causing another kind of mishap.”

Section 2-50-3 D of APD’s Standard Operating procedures defines a “Preventable Crash” as “A crash in which the driver failed to do everything that reasonably could have been  done to avoid the crash, and if a driver, who exercises normal judgment and foresight could have foreseen the possibility of the crash, and avoided it by taking steps within their control which would not have risked causing another kind of mishap.”

Links to related blog articles are here:

https://www.petedinelli.com/2024/04/05/vote-of-no-confidence-and-resolution-to-remove-apd-chief-harold-medina-withdrawn-apd-crash-review-board-votes-unanimously-that-february-17-medina-crash-non-preventable-internal-aff/

https://www.petedinelli.com/2024/04/03/apd-lapel-camera-video-footage-released-from-february-17-chief-medina-crash-reveals-apd-failed-to-follow-standard-operating-procedures-with-medina-given-preferential-treatment-by-apd-and-failures-to/

https://www.petedinelli.com/2024/03/28/victim-of-chief-medinas-reckless-driving-comes-forward-and-speaks-out-about-injuries-demands-that-chief-be-held-accountable-lawsuit-to-be-filed-mayor-keller-eviscerated-for-praising-medina/

On April 14, 2024 the Albuquerque Journal published the below 550 word guest opinion column on the proposal to create a statewide mental health court. Many thanks are given to the Journal for publishing the column.

The Journal guest column is a very abbreviated version of a News and Opinion column published on April 8, 2024 by www.PeteDinell.com entitled “Gov. MLG Says 80% Chance For Special Session; COMMENTARY: Special Session Should Be Convened To Expand Mental Health Court; Create 14th Judicial District Court With 3 Regional Divisions For Mental Health Commitment Hearings; Build Regional Treatment Facilities And Hospitals For Mandatory Treatment”. 

The link to the full news and commentary blog article is here:

https://www.petedinelli.com/2024/04/08/gov-mlg-says-80-chance-for-special-session-commentary-special-session-should-be-convened-to-expand-mental-health-court-create-14th-judicial-district-court-with-3-regional-divisions-for/

Below is the guest column:

ALBUQUERQUE JOURNAL GUEST OPINION COLUMN

HEADLINE: “Lawmakers should set up statewide mental health court”

BY PETE DINELLI

“Gov. Michelle Lujan Grisham is saying there’s an 80% chance she will call state lawmakers back to the state Capitol for a special session to approve new public safety laws.

Legislation being discussed includes mandatory sentencing of criminal defendants who are found incompetent to stand trial to mental or behavioral health treatment programs.

A civil commitment process where there would be mandatory treatment of at least 90 days in a state facility setting for mental or behavioral health or drug and chemical dependency is being touted. The state could initiate civil action when family members are unable to have a relative involuntarily held in an in-patient facility.

There are laws on that books that deal with when and under what circumstances formal civil commitment hearings can be initiated for three-day, seven-day and even 30-day observation and diagnostic evaluations for the mentally ill and the drug addicted.

All deal with the civil commitments of those who are a danger to themselves and others. The laws also provide that district attorneys can initiate civil mental health commitment actions for evaluations and treatment and these laws should be expanded.

The Point In Time Survey for the unsheltered for the years 2009 to 2022 reports 46% of the unsheltered suffer from serious mental illness and that 44% of the unsheltered suffer from substance abuse, for a staggering 89% combined total.

In Albuquerque, 30.19% of the unhoused self-report as having a serious mental illness and 25.5% self-reported as substance abusers. New Mexico’s homeless numbers increased 48% in 2023 going from upwards of 2,600 people to 3,842.

The Bernalillo County Second Judicial Court has the only specialized Mental Health Court. It is a state-certified specialty treatment court specifically for individuals whose involvement with the legal system is directly related to an untreated mental health or drug addiction disorder. The court serves individuals charged and/or convicted of felony level charges and provides intervention, treatment and support.

Warehousing the mentally ill or drug addicted who are unhoused in jails for crimes committed is not the answer and it does not address treatment.

There is a need for statewide mental health facilities or hospitals to provide services needed to the unhoused mentally ill or drug-addicted. There exists less than adequate facilities where patients can be referred to for civil mental health commitments and treatment and a need for behavioral health hospital and drug rehabilitation treatment facilities.

The courts must be looked to as part of the solution. A special session of the Legislature for public safety should be for the creation of a statewide Judicial District Mental Health Treatment Court functioning as a mandatory outreach treatment court for the drug-addicted and the mentally ill in a hospital or counseling setting not involving jail incarceration.

Regional divisions located in Albuquerque, Las Cruces and Las Vegas could be created for mandatory mental health and drug treatment programs.

Creation of a new court system must include funding for district attorneys and public defenders with dedicated personnel resources for the filing and defending of civil mental health commitments as prescribed by law.

A statewide mental health court with mandatory civil commitments will get treatment to those who need it the most, help get the unhoused off the streets and help families with loved ones who resist any mental health treatment.”

Pete Dinelli is a former chief public safety officer, former chief deputy district attorney and former Albuquerque city councilor.

On March 28, the New Mexico Secretary of State’s Office announced those who have qualified to run for county offices in Bernalillo County for the June 4 primary with the general election to be held on November 5.  Second Judicial District Attorney Sam Bregman will face former United State Attorney for New Mexico Damon Martinez. Progressive Democrat and Assistant Public Defender Mathias Swonger announced in March that he dropped out of the race.  There is no Republican running so whoever wins the Democratic primary on June 4 will be Bernalillo County District Attorney.

EDITOR’S NOTE: The postscript to this article reports on the other Bernalillo County elected positions that will appear on the June 4 ballot.

DISTRICT ATTORNEY SAM BREGMAN

District Attorney Sam Bregman, age 60, is a prominent criminal defense attorney who has handled high profile cases and has over 30 years of trial experience in both civil and criminal law including in his early years as an attorney serving as a Bernalillo County Assistant District Attorney. He is a former chairman of the state Democratic Party, a former Albuquerque City Councilor (1995 -1999) and a former member of the State  Racing Commission where he served as chairman. Last year, the Governor appointed Bregman Chairman of the Governor’s Organized Crime Commission.  On January 4, 2023 Sam Bregman was appointed Bernalillo County District Attorney by Governor Mitchell Lujan Grisham to serve out the remaining 2 years of the 4-year term of Raúl Torrez who was elected Attorney General and took office on January 1, 2023. At the time of his appointment, Bregman said he would not run for a full term as District Attorney.  On Thursday, June 29, 2023, a full 6 months after his appointment as District Attorney, Bregman announced he was running for a full 4 year term.

FORMER UNITED STATES ATTORNEY DAMON MARTINEZ

Damon Martinez, age 58, has over twenty years of prosecutorial experience. For 17 years, he worked at the New Mexico U.S. Attorney’s Office, where he rose from a line prosecutor to a supervisor of the wiretap section prosecuting drug cartels. In 2013 Martinez was appointed United States Attorney for New Mexico by President Barack Obama and unanimously confirmed in the United States Senate in 2014 and served until March 11, 2017. He holds the rank of Colonel and serves as the Army Staff Judge Advocate  for the New Mexico National Guard.  As United States Attorney for the District of New Mexico, Mr. Martinez played a critical role in the Court Approved Settlement Agreement (CASA) involving the Albuquerque Police Department after a Department of Justice (DOJ) investigation found a “culture of aggression” within APD.  In 2018 after Martinez ran for the Democratic nomination for U.S. House, District 1 coming in second, he was appointed Deputy City Attorney and Senior Policy Advisor working for the City of Albuquerque and APD.

Bregman and Martinez were among 14 attorneys who applied for the appointment by Governor Lujan Grisham after then Bernalillo County District Attorney Raúl Torrez won the Attorney General contest in November 2022. Bregman announced in June that he planned to run to keep the job. Martinez announced in October his bid to unseat Bregman in the primary.

CASH CONTRIBUTIONS AND EXPENDITURES

On  April 1, the New Mexico Secretary of State released the campaign finance reports for all 530 candidates state wide listing them in alphabetical order on the Secretary of State  Campaign Finance Reporting System.  The period covered is for October 3, 2024 to April 1, 2024.  Both Sam Bregman and Damon Martinez are listed as the  number 3  and 4 respectively by the New Mexico Secretary State as the top spenders thus far of all candidates in primary 2024 .

The link to the New Mexico Secretary of State’s Campaign Finance  Reporting System  is here:

https://login.cfis.sos.state.nm.us/index.html#/index

According to the Secretary of State, District Attorney Sam Bregman has raised $417,601  and former US Attorney  Martinez has raised $302,200 in contributions.  Sam Bregman campaign has spent $98,364 and the Damon Martinez campaign has spent $98,061.

Following is the breakdown of contributions raised, expenditures and the top 5 donors for each candidate:

SAM BREGMAN

Total Contributions: $417,601.01

In-Kind Contributions: $14,815.88

Expenditures: $98,363.60

Current Cash Balance: $319,237.41

Current Debt Balance:  $0.00

The five top donors to the Sam Bregman Campaign listed are:

1. Holmans USA: $11,000
2. All Amercan Ruidoso Downs, LLC: $11,000
3. The New Beginings, LLC: $10,000
4. Stephen Slatton: $5,500
5. Plaza Ladera, LLC

ANALYSIS

The $11,000 donation from “All Amercan Ruidoso Downs” to the Bregman campaign should come as no surprise in that long time respected businessman Paul Blanchard is one of the major principals of Ruidoso Downs race track.  DA Sam Bregman was a member of the State  Racing Commission from 2003 to 2009, where he served as Chair.

Other noteworthy contributions made to the Bregman campaign include well known trial attorneys Lisa Curtis who donated $2,000  and  Lisa Torraco who donated $1,000. Torraco is a Republican and was a State Senator from January 15, 2013 to January 15, 2017 and she was also the  Republican nominee for Bernalillo County District Attorney some 20 years ago.

DAMON MARTINEZ

Total Contributions: $302,200

In-Kind Contributions: -0-

Expenditures: $98,061

Current Cash Balance: $204,138

Current Debt Balance: $170,000  (Candidate loan)

The five top donors to the Damon Martinez Campaign listed are:

1. Damon Martinez (Damon for DA): $170,000.00 (Candidate loan)
2. Julie Rochman: $5,500.00
3. Ian McKinnon: $5,500
4. Jessica Carothers: $5,500
5. Clinton Marrs: $5,500

ANALYSIS

Former US Attorney Damon Martinez has went into his own pocket and loaned himself $170,000. Other noteworthy donations to the Damon Martinez campaign include Bueno Foods who gave $2,500, respected trial attorney Antonia Roybal Mack who donated $1,000 and a $2,500 donation from the political action committee “CrossPartisan PAC”.

The link to a related news article is here:

https://www.abqjournal.com/news/bernalillo-county-das-race-draws-six-figure-donations/article_6b8a5584-f789-11ee-8516-c7ecac6302a4.html

COMMENTARY AND ANALYSIS

There is no doubt that both Sam Bregman and Damon Martinez are the most qualified candidates that have ever run for Bernalillo County District Attorney given their combined years of experience as trial attorneys and the past positions they have held. Both are considered highly successful in their own right as trial attorneys and both appear to really want the job. They both appear to be running for the right reason which is a dedication to public service.

Both  Bregman and Martinez have raised significant amounts of money for their campaigns and likely will raise far more before the primary.  It is not likely that they are running for the job for the money given that the job pays $156,000 a year and they both will be spending upwards of $500,000 each to get elected.

There is absolutely no doubt that the race for Bernalillo County District Attorney is the most contentious race of all the county races.  It will be the most expensive race for the job in its history. Voters can expect far more money to be raised and a major onslaught of negative TV ads as well a series of dueling press releases.

______________________________________________

POSTSCRIPT

This election year, there are 7 Bernalillo County elected positions on the ballot.  18 candidates have filed declarations of candidacies and have qualified by submitting the required number of qualifying nominating signatures from registered voters.   In addition to the race for Bernalillo County District Attorney, following is the breakdown of the other Bernalillo County races:

Treasurer Nancy Bearce cannot run for reelection after serving two consecutive terms.  Former New Mexico State Treasurer Tim Eichenberg has filed as a Democrat to run for the seat. Eichenberg served as Bernalillo County Treasurer in the 1970s and was the youngest County Treasurer to have ever been elected and also served as a State Senator before running for State Treasurer. Eichenberg will face Democrat Kenneth Scott, who previously served as Deputy Treasurer and Deputy Assessor for Bernalillo County, in the primary. Lelan Morrison will run for the seat as a Republican.

Two Democrats and two Republicans are vying to replace County Clerk Linda Stover. The Democratic candidates are Deputy County Clerk Michelle Kavanaugh and Karen Montoya, who previously served on the New Mexico Public Regulation Commission and before that two terms as Bernalillo County County Assessor. The Republican candidates are Robert Kwasny and Clayton Pryor.

District 2 Commissioner and Democrat Steven Michael Quezada cannot run for reelection because he will have served two consecutive four-year terms. Two Democrats, Frank Baca and William Walker, and one Republican, Mary Ingham are now running to fill the seat.

District 3 Commissioner, Democrat Adriann Barboa, is running for reelection. She will have two Democratic primary challengers, Robert Padilla and Laura Nasaria-Chavez, and one Republican opponent, Rene Coronado.

District 4 Commissioner, Republican Walt Benson, is running for reelection with no opposing candidates.

Division 11 Metro Court Judge Shonnetta Estrada will also reclaim her position with no opposition.

The link to the news source relied on is here:

https://www.abqjournal.com/news/bernalillo-county-candidates-2024/article_b7ce8202-eb8c-11ee-a169-bbb4b7e19516.html#tncms-source=home-featured-7-block

On April 1, the Mayor Tim Keller Administration released the proposed city operating  budget for fiscal  2025 and submitted it to the Albuquerque City Council for final review and approval. The fiscal year begins July 1, 2024 and ends June 30, 2025.The proposed budget is a whopping $1.4 billion budget.  The General Fund Budget, which is funding for the individual city departments, is $845.9 million, an increase of $19.3 million or a 2.3% increase above the 2024 budget. Non-recurring spending will drop from $49.9 million last year to $28.4 million in the proposed budget.  The budget leaves 12% in reserves and a $5 million fund balance.

As the city adapts to inflationary pressures, normalizes revenues and prepares for a “tight economic year,” city officials say the plan is to “do more with less” in its $1.4 billion budget proposal. According to proposed budget, the city will use or obligate its COVID-19-era American Rescue Plan Act dollars by the end of this calendar year.

City Hall Employment as a whole has remained largely stagnant. Mayor Keller’s Fiscal Year  2024 proposal budgeted was for 7,014 employees. The coming fiscal year’s budget is for 7,015.

REVENUES

Total operating resources for all funds is projected at $1.39 billion in Fiscal Year 2025 (FY/25). This is $23.7 million higher than the FY/24 original approved budget of $1.37 billion. The increase is the result of estimated additional tax and enterprise revenue.

In addition, the City budget includes increases to revenue through fee adjustments in several departments. The following revenue categories continued to demonstrate economic growth from FY/24 original budget as the City normalizes economic impacts of COVID-19: $18.3 million in Gross Receipts Tax (GRT), $13.8 million in property tax, $8.2 million in enterprise revenue, and $15.5 million in service charges/fines/permits.

Gross Receipt Tax  (GRT) enterprise revenues, and property taxes together make up 66.1% of the City’s total revenues. GRT is the City’s major source of revenue and is estimated at $569.5 million or 40.8% of total resources for FY/25. Property Tax comprises 13.8% of total revenue.

The various enterprises operated by the City are estimated to generate 11.5% of total revenue in FY/25. Interfund transfers and the use of available fund balances make up the next category of revenue at 17.4%, while the other categories that include payments from other governmental entities, permits, fees, and other charges, comprise 16.4% of overall remaining City revenue.

CITY DEPARTMENTS

There are a total of 27 separate city hall departments with each having their own budgets. Those 27 departments are:

1. Animal Welfare
2. Arts & Cultural Affairs
3. Aviation
4. Chief Administrative Office
5. City Support
6. Civilian Police Oversight Agency
7. Community Safety
8. Council Services
9. Economic Development
10. Environmental Health
11. Finance and Administrative Services
12. Fire And Rescue General Services
13. Health, Housing, and Homelessness
14. Human Resouces
15. Legal
16. Mayor’s Office
17. Municipal Development
18. Office of the City Clerk
19. Office of Inspector General
20. Office of Internal Audit
21. Planning
22. Police
23. Senior Affairs
24. Solid Waste
25. Technology & Innovation
26. Transit
27. Youth Family Services

The link to review the entire proposed 2025 fiscal year budget and the individual 25 departments proposed budget is here:

https://www.cabq.gov/dfa/documents/fy25-proposed-budget-web-version.pdf

BUDGET HIGHLIGHTS

Major highlights of the proposed budget include:

$14.5 million for various pay raises subject to city union negotiations and $1.9 million increase for employee medical insurance costs.

$30.1 million will be allocated to support Transit Department Operations.

The proposed budget increases funding for public safety, including funding for  1,000 police officers and an increase in police service aides. The budget also gives Albuquerque Community Safety (ACS) money to hire more field responders.

The proposed budget allocates $8 million in non-recurring funding towards housing support and voucher programs and $100,000 towards emergency housing vouchers for domestic violence victims.

The budget allocates $1.5 million towards the medical respite facility at the Gateway Center as well as $1.5 million towards the Westside Emergency Housing Center.

The proposed budget allocates funding towards job training, economic development, and a range of other programs.

BUDGET HIGHLIGHTS OF MAJOR DEPARMENTS

The budget highlights of 11 of the largest budgets out of the  27 city hall  budgets are as follows:

PUBLIC SAFETY

As has been the case for the last 6 years, public safety continues to be a major priority.

The Albuquerque Police Department and the Fire and Rescue Department  are two of the largest departments of the 25 departments for City operating appropriations, primarily due to their large workforces. The two departments together comprise 29.2% of the total fund appropriations of $1.4 billion and 46.3% of the General Fund appropriations of $845.9 million in FY/25. Other departments such as City Support, Finance and Administrative Services, and Human Resources have large appropriations because of the number and type of funds within their departments.

ALBUQUERQUE POLICE DEPARTMENT

The Albuquerque Police Department (APD) continues to be the largest funded department budget and it is about a fifth of the total. The proposed Fiscal Year 2025 General Fund budget for the Albuquerque Police Department is $271.5 million, which represents an increase of 5.2% or $13.4 million above the Fiscal Year 2024 budget.  1,840 full time positions will be funded which includes funding for 1,010 sworn police positions.

The budget includes funding for 1,010 sworn police officers which is identical to last year. However, the city has yet to hit its goal of 1,00o sworn police.  APD had 856 sworn officers last year and this year  there are 880 sworn police officers in the department and 50 people are currently going through the police academy.

The proposed budget includes the following:

• Funding for positions across the Albuquerque Police Department,  – including 1,110 officers, with an increase in Police Service Aides and civilian support staff
• $22 million again for the use of crime-fighting technology through the Real-Time Crime Center and the APD Crime Lab
• $800,000 is allocated for support for the Office of the Superintendent of Police Reform and the Independent Monitoring Team  for  federal oversight and consent decree related expenses so that APD can reach reform goals.
• Funding for the Automated Speed Enforcement program, including hearing officers.

ALBUQUERQUE FIRE AND RESCUE DEPARTMENT

The proposed Fiscal Year 2025 General Fund budget for the Albuquerque Fire and Rescue Department is $119.9 million and reflects an increase of 4.3% or $4.9 million above the Fiscal Year 2024 original budget. 821 full time positions will be funded. There is funding to support wage increases for Albuquerque Fire Rescue so the department can continue emergency response and run important community programs.

ALBUQUERQUE COMMUNITY SAFETY DEPARTMENT

The FY/25 proposed budget continues the Albuquerque Community Safety Department’s service of responding to calls for service 24/7 and performing outreach for inebriation, homelessness, addiction, and other issues that do not require police or  emergency medical team response.

The proposed Fiscal Year 2025  General Fund FY/25  budget for the 3 year old Community Safety Department is $19.3 million, a $924 thousand increase of 5.4% increase from  the Fiscal Year 2024 original budget. The budget includes funding for 131 Full time positions. There is funding for the Albuquerque Community Safety to continue to hire more field responders. 

HEALTH, HOUSING AND HOMELESSNESS DEPARTMENT

Homelessness and housing continue to be a major priority of the Keller Administration.  The Health, Housing and Homelessness Department (HHH) is a new department in Fiscal Year 2025. Effective July 1, 2024, Family and Community Services Department split to create two departments:  Health, Housing and Homelessness and Youth and Family Services.

The Health, Housing and Homelessness Department provides a range of services designed to support people in need, improve neighborhoods, and enhance the quality of life for all members of the community in all stages of life. The services offered by the department directly or by contract with community providers include:

• Behavioral health services, which encompass mental health and substance abuse treatment and prevention;
• Homeless services;
• Domestic violence support;
• Health care;
• Gang/violence intervention and prevention;
• Public health services;
• Rental assistance and affordable housing developments.

HHH also operates four Health and Social Service Centers. Services are incorporated within programs to allow for performance measures and to align specifically to city goals and desired community conditions.

The proposed FY/25 General Fund budget for the HHH Departmernt is $52.2 million, which includes $48 million for strategic support, health and human services, affordable housing, mental health services, emergency shelter, homeless support services, Gibson Health HUB operating and substance use services from Family and Community Services Department, and $4.2 million for a move of Gibson Health HUB maintenance division form General Service Department.

There are 95 full-time positions transferred from Family and Community Services, and 5 full-time positions transferred from General Services. The FY/25 budget includes:

• $13.3 million of FY/24 one-time funding transferred from Family and Community Services, including $265 thousand for strategic support,
• $110 thousand for health and human services,
• $8.5 million for affordable housing,
• $1.5 million for mental health services,
• $1.2 million for emergency shelter,
• $200 thousand for substance use services,
• $1 million for homeless support services and $500 thousand for the Gateway Phase 1 and Engagement Center at Gibson Health Hub.

The FY/25 proposed budget increases recurring funding of $250 thousand for Family Housing Navigation Center/Shelter (Wellness-2), and recurring funding of $250 thousand for Gibson Health HUB maintenance. The proposed budget adjusts program appropriations of $776 thousand in FY/25 based on projected savings.

The Gateway Homeless shelter on Gibson, the city’s one-stop shop for shelter, housing and employment services, will receive $10.7 million in total funding fiscal year 2025.

The Westside Emergency Housing Center, which has been close to capacity all year, will receive $1.5 million.

The proposed budget includes $8 million in one-time funding for supportive housing and voucher programs, plus $100,000 for emergency housing vouchers for victims of domestic violence.

Other major budget highlights for the homelessness, housing and behavioral health include the following:

• $900,000 nonrecurring to fully fund the Assisted Outpatient Treatment program.
• $730,000 in recurring funding for operation of the Medical Sobering Center at the Gateway Shelter.
• $100,000 nonrecurring for emergency housing vouchers for victims of domestic violence.
• “Full funding” for service contracts for mental health, substance abuse, early intervention and prevention programs, domestic violence shelters and services, sexual assault services, health and social service providers, and services to abused, neglected, and abandoned youth.
• $1.5 million in recurring funding for the Medical Respite facility at the  Gateway Center.
• $100,000 nonrecurring for the development of a technology system that enables the city and providers to coordinate on the provision of social services to people experiencing homelessness and behavioral health challenges.
• $500,000 nonrecurring to fund Albuquerque Street Connect. According to the mayor’s office, Street Connect is a “proven program” that focuses on establishing ongoing relationships with people experiencing homelessness to help them into supportive housing.

DEPARTMENT OF MUNICIPAL DEVELOPMENT

The Department of Municipal Development (DMD) operates and maintains City streets, storm drains, traffic signals, street lighting, parking operations and the development and design of capital public buildings. Program initiatives include:

• Capital improvement projects;
• Design recovered for transportation and storm drain, street CIP/transportation infrastructure tax;
• Storm drainage;
• General Fund Street services;
• Special events parking;
• Street services;
• Plaza del Sol building;
• Parking services;
• Gas tax fund administration.

The FY/25 proposed General Fund budget for the Department of Municipal Development is $36.5 million, a decrease of 5.2% or $2 million below the FY/24 original budget.  There are 229 General Fund full-time positions within the Department of Municipal Development.

PARKS AND RECREATION DEPARTMENT

The Parks and Recreation Department serves the recreational needs of Albuquerque and the surrounding metropolitan area. The department is organized into the following divisions: park management, recreation, aquatics, open space, golf, design & development, construction, and administration.

The FY/25 proposed General Fund budget is $49.8 million, an increase of 3.6%, or $1.7 million from the FY/24 original budget. The department’s  Full Time Position  position count for the FY/25 proposed budget is 345.

PLANNING DEPARTMENT

The Planning Department function is to provide  leadership to facilitate quality growth and development in the  City. The department enforces zoning, building, and land use codes and regulations so that buildings and neighborhoods are safe and protected. It also creates development plans and strategies to ensure that growth conforms to adopted plans, policies and regulations.

Albuquerque Geographic Information Systems (AGIS) moves back to Planning from Technology and Innovation in FY/23 and provides up to date and innovative online mapping capabilities and information concerning property within the City of Albuquerque.

The MISSION of the Planning Department is to play a key role in developing the tools to implement and manage the future growth of Albuquerque, and enforce regulations to promote the health, safety, and welfare of the public.

The FY/25 proposed General Fund budget for the Planning Department is $22.2 million, a $1.5 million or 7.1% increase over the FY/24 original budget.  The FY/25 proposed budget includes funding of $448,000  for code enforcement enhancement of regulatory efforts which will result in 5 additional FTE positions.

The proposed budget adjusts program appropriations by $1.6 million in FY/25 based on projected savings. The FY/25 budget carried forward one-time funding of $300,000  property abatement. With the  mid-year and new positions created, the proposed staffing level will increase by 7 FTEs brining the FY/25 total headcount to 200. The FY/25 revenues are estimated at $5.9 million from proposed fee increases.

DEPARTMENT OF SENIOR AFFAIRS

The Department of Senior Affairs offers a broad range of programs and services responsive to the needs of senior citizens in Albuquerque/Bernalillo County. The department provides services through three program strategies: 1. well-being, 2. access to basic services, and 3.  volunteerism.

The well-being program strategy provides activities and services for seniors to prevent social isolation and includes socialization, nutrition, health and education.

Access to basic services supports independent living and provides intervention services that support primarily frail, low-income elders. Services include information, home delivered meals, transportation, in home services and senior center support services.

Volunteerism promotes community involvement, awareness and opportunities to get involved. The department maintains 6 senior centers, two multigenerational centers, two stand-alone fitness centers and 23 meal sites where seniors may gather for organized activities, socializing and services.

The FY/25 proposed budget is $11 million, which reflects an increase of 1.7% or $187 thousand above the FY/24 original budget. There are 62 full-time positions in the department.

YOUTH AND FAMILY SERVICES DEPARTMENT

The Youth and Family Services (YFS) was part of Family and Community Services Department prior to FY/25. Effective July 1, 2024, Family and Community Services Department split to create two departments, Health, Housing and Homelessness and Youth and Family Services.

The services offered by the YFS department directly or by contract with community providers include:

• Behavioral health services, which encompass mental health and substance abuse treatment and prevention;
• Homeless services;
• Domestic violence support;
• Health care;
• Early childhood education;
• Out-of-school time;
• Youth services;
• Inclusive recreation;
• Gang/violence intervention and prevention;
• Public health services;
• Rental assistance; and affordable housing developments.

The YFS department also operates multiservice centers and community recreation centers. Services are incorporated within programs to allow for performance measures and to align specifically to city goals and desired community conditions.

The proposed FY/25 General Fund budget for YFS  is $27 million. The FY/25 proposed budget for the department’s grants, which is appropriated in separate legislation, are estimated at $24.6 million in the Operating Grants Fund. The department’s total full-time position count is 258 for FY/25. The full-time position count in General Fund is 189, and the Operating Grants Fund is 69.

ARTS AND CULTURE

The Department of Arts and Culture is comprised of seven divisions. The Albuquerque Biological Park (BioPark) operates the Zoo, Aquarium, Botanic Gardens, Heritage Farm, Bugarium, and Tingley Beach. The Albuquerque Museum protects and displays the artwork and historical items of the middle Rio Grande valley and brings world renowned traveling exhibits to the City. The FY/25 proposed General Fund budget for the Department of Arts & Culture is $51.4 million, a $756 thousand or 1.5% increase over the FY/24 original budget.

ANIMAL WELFARE

The Animal Welfare Department is dedicated  to improving  the health and well-being of Albuquerque pets through a variety of programs and initiatives. These initiatives include animal shelters,  adoption centers, veterinary clinics,  “We Care” Community Pet Services Unit (providing vaccinations, microchipping and free to low cost spay/neuter for those that qualify),  a free dog training class with every adoption, Animal Protection Services (public-safety), foster program, a community-cat program, a public information initiative, dog house program,  dog tag program,  pet food bank,  a volunteer program.

The Fiscal Year 2025 proposed General Fund budget for Animal Welfare is $16.3 million, a $1 million or 6.9% increase over the FY/24 original budget.  The Animal Welfare Department has a total count of 158 full time employees FY/25 and this number is reported as “flat” or identical from last year.

OTHER BUDGET HIGHLIGHTS

Other budget highlights worth noting include:

• $1.25 million investment in the Job Training Albuquerque program to continue to fill workforce training gaps and help local workers gain valuable skills.
• “Full funding” for the Small Business Office, which helps support entrepreneurs and gives them access to valuable resources.
• Enhanced public safety technology and related staffing for the public transit system.
• $1 million for the Local Economic Development Act (LEDA) fund, which helps the city attract and retain key businesses.
• “Full funding” for the Head Start program and the highly successful Youth Connect programs so the city can continue to create productive, safe opportunities for thousands of youths.
• Funding for nuisance abatement efforts for Code Enforcement and the ADAPT program.  It was in July, 2019 that Mayor Tim Keller announced the creation of the “Addressing Dilapidated and Abandoned Property Team” (ADAPT). ADAPT is a program in the Fire Marshal’s Office that focuses on abandoned and dilapidated properties that have a pattern of serious criminal activity or pose an immediate threat to public health, safety and welfare. Keller’s ADAPT program replaces the Safe City Strick Force and the ADAPT program handles only a fraction of the number of substandard  properties the Safe City Strike Force handled which was upwards of 1,000 properties a year.
• Funding for the Duke City Ambassador program, formerly called Block by Block, “to provide outreach, hospitality, cleaning, and a positive presence in Nob Hill and Downtown areas.”

FEE INCREASES PROPOSED

There are a number of fee increases being proposed that are worth noting.  There hasn’t been an increase in ticket prices since 2017. The budget proposes fee increases to “better reflect the cost of city services”. In total, the rate changes will  bring in $2.5 million more to the city. The proposed budget predicts a 3.6% increase in total city revenues.

The fee increases include a $5 ticket increases for BioPark visitors from outside New Mexico, $1 increases for New Mexican children and $2 increases for the state’s adults.

Golf fees would will increase by $2 per round, and entry to public pools would increase by 50 cents but with the exception of swimming lessons.  The buget states “The City wants to continue keeping swim lessons as affordable as possible to promote this vital life skill.”

PRESS RELEASE ANNOUNCING BUDGET

Mayor Tim Keller had this to say in a press release announcing the proposed budget:

“We are focused on continuing to invest in public safety and fully supporting our frontline workers and the programs and services they provide to help address our city’s challenges ….. We’re implementing creative solutions to address homelessness and housing insecurity, and strengthening our neighborhoods to make our city better for all of our families.”

Donna Sandoval, the director of the Department of Finance and Administrative Services had this to say  in a press release:

“This budget continues to make important investments where they are needed, but takes a conservative approach, adjusting for past inflation and future revenue projections.”

LINKS TO QUOTED NEWS SOURCES

https://www.kob.com/new-mexico/albuquerque-mayor-submits-1-4b-city-budget-for-2025-fiscal-year/

https://www.krqe.com/news/politics-government/albuquerque-mayor-proposes-1-4-billion-budget-for-fiscal-year-2025/

https://www.abqjournal.com/news/keller-proposes-1-4-billion-city-budget-for-fiscal-2025/article_49cd464a-f13f-11ee-80eb-d308ba1f9c86.html

COMMENTARY AND ANALYISIS

It appears the belt-tightening because of COVID is over.  The proposed 2025 city fiscal year budget can be described simply as “frugal”.

The Albuquerque City Council will now schedule “budget hearings” on each of the 25 city departments and each city department budget will be reviewed and scrutinized. The Council will be able to amend and make changes to the budget as they see fit. The general public will also be allowed to attend all the budget meeting and give their input.

The city charter mandates a “balanced budget” and the council must enact it on or before May 31 with the fiscal year to begin on July 1, 2024 and ending June 30, 2025.

It has been reported that Governor Michelle Lujan Grisham says there’s an 80% chance she will call state lawmakers back to the state Capitol for a Special Session to approve new public safety laws. The governor has more than hinted at calling a special session ever since the 30-day legislative session ended on February 16. The Governor said the day the 2024 session ended she was disappointed the Legislature did not approve much of her public safety agenda and she’s not willing to wait until the 2025 legislative session to get it done.

Governor Lujan Grisham said this about a special session:

“[I am leaning] 80/20  in favor of a special session. … I want a special session that makes a difference for New Mexicans. …  I want to get something done, and I think that’s where I’m heading. “

A spokesperson with the Governor’s office said the governor has not made a final decision yet, but “she has been meeting with legislative leaders of both parties to evaluate which issues to put on the agenda.”

FOUR MEASURES BEING DISCUSSED

Governor Lujan Grisham said in an interview with the Santa Fe New Mexican there are 4 measures she might include in a Special Session.

The first bill would send criminal defendants who are found incompetent to stand trial to a mental health or behavioral health treatment program.

The second bill would be “sort of a civil counterpart to [to the first]”  Lujan Grisham said. It would offer mental or behavioral health programs to people with “a significant mental health issue and a chemical dependency” when family members are unable to have them involuntarily held in an inpatient facility. The bill would allow for treatment for at least 90 days according to the Governor. The governor said this:

“Judges want this tool. … They can meaningfully use it.”

The third measure would restrict panhandling and in particular when people are camping out on medians or standing near busy intersections. The governor said she has seen people lying down in roadways and chasing vehicles, including hers. The Governor said this:

“This has to end because someone on the streets is going to get killed. A child is going to get killed. A motorist is going to get killed or kill someone.”

According to the Governor, the 3 bills together would “allow us then to focus on the remaining supports and remedies — housing, income, the ability to provide meaningful behavioral health for people who couldn’t get access.”

The fourth bill would increase penalties for some crimes, such as being a felon in possession of a firearm.

A QUESTION OF IF, WHEN AND FOR HOW LONG

Whether the House and Senate would pass the measures in a special session is very unclear based on what happened in this year’s 2024 session. A bill to limit panhandling on public roadways stalled in a committee during the 30-day session, as did a bill that would have changed the procedures for determining whether a criminal defendant is competent to stand trial.

The Governor said she is reaching out to legislative leaders in both parties and “doing my vote counts” to see if she has enough support for special session initiatives.

Senate Majority Leader Peter Wirth, D-Santa Fe, confirmed the governor has been talking with Democratic leaders about a possible special session, which “has to be focused with a handful of specific bills that have been vetted on the front end.”  Wirth said that in most cases,  a special session can be accomplished in 1 to 3days. Wirth said he was uncertain when a session might be held and said this:

“The date will depend on these bills and whether they can be put together, and that’s going to take some time.”

Sen. Greg Baca, R-Belen, said the governor also spoke with him about a possible special session. Baca said this:

“We’re just awaiting word if we’re going to have it or not. …  [Senate Republicans are] always behind real crime prevention and addressing our crime issues in the state.”

IT’S COMPLICACTED

It is the mental health competency issue that is front and center of the special session discussions. District attorneys, public defenders, and lawmakers on both sides of the aisle agree that there needs to be a better way to handle suspects who are repeatedly deemed incompetent to stand trial and then released back on the streets. News reports are clear that the governor wants state lawmakers to approve a bill that would allow the courts to mandate behavioral health treatments for those suspects.

Speaker of the House Javier Martinez said says he’s not against a special session but the competency civil process is a complicated proposal.  Speaker Martinez’s said this:

“Some of them are very complicated bills from a technical perspective. And so we want to make sure we get it right before walking in. Because I don’t think anyone wants us to be up there for weeks at a time without there being an agreement on what we can pass or not.”

Martinez said he is still having conversations with the governor about a potential special session, but he’s also getting a head start on those complicated debates. The Speaker is planning to meet with a group of experts in April to discuss the competency issue.

“Anything that can help improve the lives of New Mexicans, I am for. Whether or not it should be in a 60-day session, or before that during a special session, I think it’s up to, you know, first of all up to the governor, because as I said, she’s the one who has the ability to call a special session. But if we can get something done before the regular 60-day session, I would be supportive.”

A special session costs roughly $50,000 per day.

https://www.santafenewmexican.com/news/legislature/governor-special-session-on-public-safety-measures-more-likely-than-not/article_9e392f96-ebb3-11ee-85fb-c3469c35fa27.html

https://www.kob.com/new-mexico/new-mexico-governor-considers-special-session-to-approve-public-safety-laws/

https://www.koat.com/article/new-mexico-possible-special-legislative-session/60329710

https://www.kob.com/new-mexico/new-mexico-governor-considers-special-session-to-approve-public-safety-laws/

https://www.aol.com/news/governor-special-session-80-likely-033300857.html

2024 LEGILSATIVE SESSION RECALLED

The 2024 New Mexico legislative session ended on February 15 at noon. During a news conference immediately after the session ended Governor Michelle Lujan Grisham said she may convene a “special public safety session” to possibly pass more public safety initiatives that did not make it through the 2024 legislature.

The governor said she really wanted lawmakers to approve a bill reworking how the courts address competency and behavioral health treatments. Senate Bill 16 was the criminal competency bill introduced in the 2024 session that would have mandated court-ordered treatment for a defendant deemed dangerous and incompetent to stand trial. Under current laws, individuals found incompetent largely have charges against them dismissed and are given information about services.

The bill never made it to the floor. Lujan Grisham said this:

“We need a tool for folks who are repeat offenders because of these issues — substance abuse, behavioral health, mental health issues — to make sure that they can get the required treatment for more than a minute.”

PROVSIONS FOR VARIOUS DEGREES OF CRIME

The legislation included provisions for the various levels of crimes.

For violent felonies, if the defendant regained competence, the prosecution would continue. If the defendant failed to gain competence, they will remain in the residential facility with intermittent reporting to the court about his progress.

For non-violent felonies only the defendant would be referred to a diversion to treatment program for no longer than 18 months. Upon completion, charges are dismissed.

If a defendant was unable or refuses to participate once referred, they would be assessed for civil commitment or assisted outpatient treatment.

For misdemeanors, the defendant could be diverted to treatment and “wrap around” services for up to 6 months.

https://ladailypost.com/gov-michelle-lujan-grisham-announces-legislation-that-increases-access-to-mental-health-services-for-repeat-defendants-in-new-mexico/

SUPPORT FROM PROSECUTION AND DEFENSE

The term “revolving door” is often used to refer to criminals who are arrested, released before trial with conditions, and then arrested again for committing more crimes. During the 2024 legislative session, state lawmakers did approve a bill that addressed to some extent 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.

Bernalillo  County District Attorney Sam Bregman said he  believes state lawmakers were on the right track with Senate Bill 16 to allow judges to order certain low-level suspects into behavioral health treatments to restore their competency so they’re able to stand trial. Bregman said this:

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

Chief Public Defender Bennett Bauer said he agrees the system need to be fixed. Bauer said this:

“It’s important that people know that treatment, instead of incarceration, isn’t just to be nice to the person facing the charge. … It’s really what builds community safety. … We, as a community, need to step in, but much of that is stepping in and providing assistance to lift those folks up.”  

Notwithstanding Bauer saying the system needs to be fixed, he said it was a good thing Senate Bill 16 died in the Roundhouse because he believes lawmakers and law enforcement leaders need more time to work through those health care capacity issues and a mental health care system that  does not have enough providers nor facilities to do mental health evaluations. Bauer said this:

“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.”

https://www.kob.com/new-mexico/new-mexico-faces-critical-public-safety-gap-competency-and-behavioral-health-treatment/

https://seconddistrictcourt.nmcourts.gov/home/programs-specialty-courts/pre-trial-services/jsdp-programs/mental-health-court/

MENTAL HEALTH COURT

It was in 2007 that the Second Judicial Court located in Bernalillo County established the states only specialized Mental Health Court (MHC).  It is a state-certified specialty treatment court program specifically for individuals whose involvement with the legal system is directly related to an untreated mental health disorder or untreated substance abuse disorders, indicating a clear need for intervention, treatment and support. The program serves individuals charged and/or convicted of felony level charges within Bernalillo County.

MISSION AND GOAL OF MENTAL HEALTH COURT 

The Mission and Goal of the Mental Health Court are very straight forward:

Engage individuals with serious mental health diagnosis who are involved in the criminal system. The program strives to improve one’s quality of life through treatment, linkage to community resources, specialized supervision and extensive supportive measures. … The overall goal of the MHC program is to minimize and/or eliminate involvement with the criminal justice system while improving one’s overall mental health and quality of living.

FOCUS OF MENTAL HEALTH COURT

The Mental Health Court has an overall focus on assisting with improving participants’ quality of life, appropriate treatment services and discontinuing involvement with the criminal justice system.  The program includes both pre and post plea tracks. The program serves individuals at high levels of risk and need, as assessed. The program duration typically ranges from 18-24 credit earned months. Time in the program is dependent on the severity of risk and need, level of participation and overall progression through the program.

The Mental Health Court (MHC) team members take into special consideration that participants typically have extensive trauma histories, limited support systems and a history of substance abuse, mental health and co-occurring disorders. In addition, participants often lack basic resources such as housing, education and/or employment.  In an effort to meet the individualized needs of each participant, MHC provides intensive clinical case management, individual, group, and family treatment services, housing, academic and vocational support through community service providers.

The services provided are unique to the person and are identified through individualized assessments and treatment planning. Each participant is given ample opportunity to receive the needed services to develop the life skills needed to live a life that is substance and criminal justice free.

The program is 100% voluntary, and is an alternative to the standard judicial process. The courts current capacity is 35.  The recidivism rate from September 1, 9/1/2017 to 1/1/2023 is  5.5% with a success rate of 94.5%

PRE-ADJUDICATION, POST-ADJUDICATION

Program referrals are accepted from attorneys, judges, treatment providers, community agencies, family members and from individuals involved in the justice system that are interested in participating in jail diversion programs, as an alternative to traditional court processes.

The MHC program accepts both pre-adjudication and post-adjudication referrals:

Pre-Adjudication: Participants can screen for the program pre-adjudication upon a referral to determine eligibility.

Post-Adjudication: Participants enter the program upon the filing of a formal plea agreement or upon a trial conviction. Sentencing is completed upon graduation of the program. Participants are advised appropriately of the possible sentence and penalties they may face, should termination or a voluntary withdrawal occur.

ELIGIBILITY FOR MENTAL HEALTH COURT

There are 4 major eligibility criteria to for the court:

1. MHC accepts individuals with a Serious Mental Health Illness (SMI) as a primary diagnosis.
2. Participants must have current felony charges-pending in Bernalillo County.
3. Participants must have identifiable substance abuse, mental health and/or social service needs, and be willing to participate in treatment for the duration of the program. Treatment services may include psychiatric evaluation, medication management, substance abuse individual and/or group counseling, and other behavioral treatment services as recommended.
4. Participants are not excluded from participation in MHC due to lack of residence and/ or stable residence.

All referrals are reviewed and considered on a case-by-case basis and a decision is made if a person is disqualified.

DISQUALIFICATION CRITERIA FOR MENTAL HEALTH COURT 

There are 5 areas where a person can be disqualified from court participation:

1. Individuals who have pending charges or who have been convicted of capital offenses and/or sex offenses are disqualified.
2. Individuals who have been found incompetent, or competency is pending and/or do not have the cognitive capacity to participate in the program are disqualified.
3. Individuals who do not engage in completing clinical assessments and who stop showing up for program requirements are disqualified.
4. Individuals unwilling to follow treatment recommendations (e.g. medication management, counseling, case management services), are disqualified.
5. Individuals with cognitive impairment or learning disabilities that prohibit the ability to advance through the program are disqualified.

SERVICE DELIVERY FOR MENTAL HEALTH COURT

Community treatment and case management is provided by many entities in the community. Referrals for clients are based on need and agency availability. Participants complete a therapeutic assessment and develop an individualized treatment plan that focuses on identifying strengths and addressing needs. Services are strength-based and client centered for individuals who are challenged by substance abuse and co-occurring disorders and/or are deemed high-risk to reoffend in the community. Clients are ideally engaged in MHC for a period of 18 to 24 (credit-earned) months by transitioning through four phases, with an ongoing relationship of care in the areas of treatment, case management, housing, medication, stability, job readiness, parenting, and educational referrals.

The link to the quoted source is here:

https://seconddistrictcourt.nmcourts.gov/home/programs-specialty-courts/pre-trial-services/jsdp-programs/mental-health-court/

CIVIL MENTAL HEALTH COMMITMENT HEARINGS

There are laws on that books that deal with when and under what circumstances formal civil commitment hearings can be initiated for 3-day, 7-day and even 30-day observation and diagnostic evaluations for the mentally ill and the drug addicted. All deal with the civil commitment of those who are a danger to themselves and others and provides that the District Attorney can initiate civil mental health commitment actions for evaluations and treatment.

The link to review the applicable New Mexico state statutes NM Statute §43-1-1 (2019), NM Stat § 43-1-1 (2019), NM Stat § 43-1-11 (2020) on civil mental health commitments is here:

https://law.justia.com/codes/new-mexico/2020/chapter-43/article-1/section-43-1-11/#:~:text=An%20interested%20person%20who%20reasonably,grounds%20exist%20to%20commit%2

NEW MEXICO’S CRIMINAL JUSTICE COURT SYSTEM

There are 13 Judicial District Courts in the State of New Mexico that are courts of general jurisdictions that handle both civil and criminal matters for the 33 counties in the State of New Mexico. Each of the 13 Judicial District Courts have primary jurisdiction over one or more counties based on population.

State District Courts are primary courts of jurisdiction over criminal cases, including felonies and misdemeanor cases. State District Courts have jurisdictions over civil matters with disputes of more than $10,000, domestic relations, mental health and civil commitment cases, appeals from administrative agencies, disputes over real estate, contract disputes, tort actions for personal injury.  District Court criminal convictions and criminal matters are appealable to the one New Mexico Court of Appeals and/or the New Mexico Supreme Court.

New Mexico also has a small claims court or Magistrate Court and Metropolitan Court System that are courts of limited jurisdiction that handle civil disputes of up to $10,000 and misdemeanor criminal matters and appeals are to the State District Courts.

An Administrative Office of the Courts (AOC) has been established and is funded by the New Mexico legislature to enable the courts to accomplish their mission by ensuring that the courts have adequate, equitable distributed resources. The AOC ensures that the courts have and use current technology and it provides a statewide human resources system. The AOC is responsible for developing and implementing improved court processes and supporting the courts in their use.  The AOC ensures sound financial, budgeting and procurement practices in the management of court resources.

https://www.nmcourts.gov/court-administration/administrative-office-of-the-courts-aoc/

GOVERNOR LUJAN GRISHAM ADVOCATED MANDATORY TREATMENT IN 2022 RELECTION CAMPAIGN

On September 30, 2022, the first debate between Democrat Governor Michelle Lujan Grisham and TV Weatherman personality Republican Mark Ronchetti.   Dominating the debate were heated exchanges and disputes on such issues as abortion, crime, the criminal justice system, the economy and public education. Notwithstanding, both the Governor and Ronchetti found common ground on the issue of homelessness.  Both said they would crack down on certain activities while expanding services to those willing to utilize them.

Governor Lujan Grisham for her part said she would push for legislation to restrict panhandling and criminal trespassing in the upcoming 2023 legislative session.  She said at the time her administration was working to expand substance abuse treatment programs in the state but pointed out some homeless reject treatment options. Lujan Grisham had this to say about those homeless who refuse treatment options:

“We’re going to need to do a little tough love and that’s going to mean probably more options for mandatory treatment.  …  I plan to propose in the next legislative session restrictions on panhandling and trespass for this population.”

Lujan Grisham said during the debate that more than half of New Mexico’s homeless population are teenagers. Lujan Grisham spokeswoman Nora Meyers Sackett said the governor’s plan is a comprehensive approach to homelessness and said:

“These proposals will seek to build on the work the governor has done to invest in housing and improve and increase access to behavioral health services throughout New Mexico.”

SUBSTANCE ABUSE, MENTAL ILLNESS, HOMELESS BIG PART OF CRIMINAL JUSTICE SYSTEM

On May 22, 2023  the NM Legislative Finance Committee (LFC) released a report on the state’s homeless and the affordable housing shortage which included the preliminary estimates of the 2023 Point In Time (PIT) annual homeless count. The “Point in Time” (PIT) survey is conducted once a year to determine how many people experience homelessness on a given night in communities across New Mexico. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD).

According to the LFC Report on Homelessness and Affordable Housing, New Mexico’s homeless numbers increased 48% in 2023 going from upwards of 2,600 people to 3,842. The increase was driven by an increase in the unsheltered count with 780 more people in Albuquerque and 232 more in the rest of the state.  About half the emergency shelter beds available were used indicating overall adequate bed numbers statewide. However, shelter accessibility was reported as significantly lowering utilization rates because some individual emergency shelters are full while others are extremely hard to reach.

According to the LFC report the causes of homelessness points to many risk factors representative of vulnerable situations and populations. The following 7 risk factors for homelessness and housing insecurity were identified:

BEHAVIORAL HEALTH:  Over 1-in-5 adults in New Mexico have a mental illness. Nearly 1 in 5 youths had a major depressive episode in the last year.  New Mexico ranks 29th for adult mental health disorders and 17th youth mental health disorders in the country.

SUBSTANCE ABUSE:  On average, every day five New Mexicans die of alcohol-related causes, and nearly three die from a drug overdose. New Mexico ranks 1st alcohol-related deaths and 2nd  in drug overdose deaths in the country.

POVERTY: Nearly 1-in-5 New Mexicans live below the federal poverty line. New Mexico ranks 3^rd in the country in poverty

LABOR FORCE PARTICIPATION: In 2022, the labor force participation rate in New Mexico was 55%, compared to 62% nationally. New Mexico ranks 4^th in labor force participation.

PHYSICAL HEALTH:  Nearly 1-in-10 adults in New Mexico have multiple chronic health conditions.

DOMESTIC VIOLENCE:  In New Mexico, over 1-in-3 women experience domestic violence in their lifetime. Nearly 6,000 children suffered maltreatment in New Mexico in 2021. New Mexico ranks 26th in the country for domestic violence and 8th for child maltreatment.

INCARCERATION:  New Mexico has a relatively low incarceration rate, with 203 individuals incarcerated per population of 100,000.

According to the LFC report, people experiencing unsheltered homelessness are more likely to exhibit multiple risk factors. These individuals tend to have higher service needs, tend to be more frequent users of community services, such as emergency room visits and inpatient and outpatient treatments, and require more acute care.

The Point In Time data breakdown for the unsheltered for the years 2009 to 2022 reports 46% of the unsheltered suffer from serious mental illness and that 44% of the unsheltered suffer from substance abuse for a staggering 89% combined total.  When it comes to the  homeless in Albuquerque, 30.19% of the homeless  self-reported as having a serious mental illness and  25.5% self-reported as substance abusers.

There is an overlap with homeless suffering both mental illness and substance abuse.  In other words, a whopping 55.69% combined total of those surveyed self-reported as having a serious mental illness or were substance abusers. When it comes to the balance of the state homeless numbers, 43% were identified as adults with serious mental illness and 40% were identified as adults with substance use disorders or a staggering 83% combined figure.

The link to the entire  2023  PIT survey is here:

https://www.nmceh.org/_files/ugd/6737c5_4ecb9ab7114a45dcb25f648c6e0b0a30.pdf

COMMENTARY AND ANALYSIS

The enactment of a new version of Senate Bill 16 in a Special Session of the legislature for Public Safety would be a good first start in dealing with the state’s drug addiction and mental health crisis. Any Special Session called by the Governor for public safety should include the statewide expansion of the existing Second Judicial District Mental Health Court to include mental health commitment hearings by district attorneys and public defenders.

Much more can and must be done.  There is a critical need for a civil mental health and drug commitment court for the homeless suffering from mental illness and/or drug addiction and who pose a threat to themselves, their family or to the general public. Such courts do in fact exist in the other parts of the country and have proven to be highly successful.

The existing Second Judicial District Mental Health Court program is 100% voluntary, and is an alternative to the standard judicial process and that should be changed.  It should be made mandatory to function as outreach and treatment court for the drug addicted and the mentally ill in a hospital or counseling setting and not involving jail incarceration.

CREATE A 14^TH JUDICIAL DISTRICT MENTAL HEALTH TREATMENT COURT

Warehousing the mentally ill or drug addicted in jails for crimes committed is not the answer and does not address treatment and the court’s must be looked to as part of the solution.

Governor Michelle Lujan Grisham and the New Mexico Legislature need to proceed with  a Special Session of the legislature for public safety, but the primary emphasis  should  be the creation of a new 14^th Judicial District Court with 3 separate regional divisions one located in Albuquerque, one in Las Cruces and one in Las Vegas, New Mexico with the creation of at least 3 District Court Judge positions with 6 year terms appointed by the New Mexico Supreme Court.  Appointment by the Supreme Court would ensure rapid filling of the new positions and take the elective partisan politics out of the process.  The Administrative Offices of the Courts must play  a pivotal role in setting up the new court process, including locating the new Mental Health Treatment Court in existing court houses in all 3 locations.

Governor Michelle Lujan Grisham and the legislature should seek to designate the 14^th Judicial District Court a specialty “Mental Health Treatment Court” functioning as outreach and treatment court for the drug addicted and the mentally ill in a hospital or counseling setting and not involving jail incarceration.  The existing Second Judicial District Mental Health Court would be consolidated into the Albuquerque District Mental Health Treatment Court.

There is an even bigger need for the construction and staffing of a mental health facilities or hospitals to provide the services needed to the mentally ill or drug addicted. As it stands now, there exists less than adequate facilities where patients can be referred to for civil mental health commitments and treatment. There is glaring need for a behavioral health hospital and drug rehabilitation treatment facility.  The Bernalillo County Behavioral Health Center and the Las Vegas Mental Health hospital could be expanded to accommodate for court referrals and a new behavioral health facility could be constructed in Las Cruces to handle mental health commitment and treatment.

New Mexico is currently experiencing historical surplus revenues and this past legislative session the legislature had an astonishing $3.6 Billion in surplus revenue. Now is the time to create a statewide Mental Health Court and dedicate funding for the construction of behavioral health hospital and drug rehabilitation treatment facilities the courts can rely upon for referrals.

Creation of a new court system must include funding for District Attorneys and Public Defenders with dedicated personnel resources for the filing and defending of civil mental health commitments as prescribed by law.

A statewide mental health court with mandatory civil commitments will get treatment to those who need it the most, help get the unhoused off the streets and help families with loved ones who resist any mental health treatment.