2025 New Mexico Legislature Update: Legislature Passes Omnibus Crime Package; Sent To Governor For Signature; Juvenile Justice Reform Still In The Mix; Other Crime Bills Still Pending Hearings And Votes

Posted on February 27, 2025 by

NEWS UPDATE: ON FEBRUARY 27, 2025 GOVERNOR MICHELLE LUJAN GRISHAM SIGNED INTO LAW THE OMNIBUS CRIME PACKAGE, House Bill 8.

On February 22, the New Mexico legislature gave final approval to a high-profile package of crime bills contained in House Bill 8. The crime package is a compilation of six different bills that were consolidated into a single bill.

The package includes bills dealing with fentanyl trafficking, school shooting threats and auto theft, and was fast-tracked by top legislative Democrats in response to the governor’s call for more action on public safety issues. The governor signaled she will sign the legislation into law while urging lawmakers to also pass other public safety proposals during the final weeks of the 60-day legislative session.

During a February 22 press conference after the House adopted Senate technical changes to House Bill 8, Speaker of the House Javier Martinez said Democrats had followed through on their pledge to address public safety after a special session last summer ended with the governor’s crime-focused agenda being largely rejected. Speaker Martinez said this:

“I want to tell the people of the state, promises made, promises kept. … Can we do more? Of course, we can do more. That’s why we have been working on public safety for seven, eight years now. This is a process. There’s not one silver bullet.”

Democrat Senator Joseph Cervantes, Chairman of the Senate Judiciary Committee, said the legislature vowed to concentrate on public safety this session after the special session last summer. He and other supporters of the bills said that approving House Bill 8 is a promise fulfilled. Cervantes said this:

“We as legislators appreciate the frustration of the public and law enforcement the courts with what’s perceived to be a revolving door, and we hear that and see that frustration.”

https://www.kob.com/news/top-news/state-senate-approves-public-safety-bills/

House Bill 8 has a heavy focus on criminal competency. The bill looks to improve the court system and makes sure that individuals who may be having a mental health crisis when they commit a crime have access to the treatment, they need so they are able to stand trial.

New Mexico Democrat Speaker of the House Javier Martinez said this:

“Public safety is not just the people who are victims of crime. In many cases, the people who are committing the crimes, who are suffering from drug addiction, who are suffering from mental health issues, we are going to deliver the help that they need as well.”

THE CRIME PACKAGE BILL IN A NUTSHELL

The six house bills embodied in House Bill 8 are:

House Bill 4 is the criminal competency legislation. It gives prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are found to be dangerous to themselves or others and unable to stand trial. Under House Bill 4, when a court determines that a defendant is not competent to proceed in a criminal case the court shall determine if the defendant is dangerous. A defendant who is not competent is dangerous if the court finds by clear and convincing evidence that the defendant presents a serious threat of:

Inflicting great bodily harm, as defined in Section 30-1-12 NMSA 1978, on another person;
Committing criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
Committing criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; (4) committing abuse of a child, as provided in Subsection D of Section 30-6-1 NMSA 1978;
Violating a provision of the Sexual Exploitation of Children Act;
Committing human trafficking, as provided in Section 30-52-1 NMSA 1978;
Committing a felony involving the use of a firearm; or
Committing aggravated arson, as provided in Section 30-17-6 NMSA 1978.

Democrat Senator Peter Wirth, majority floor leader, said this about House Bill 4:

“I think the governor’s focus really in the special session was on this competency bill, and it took everything we had during an interim process, 30 days’ worth of hearings, to have that be the centerpiece of the public safety package this year.”

https://www.koat.com/article/public-safety-package-heads-to-the-governors-desk-after-approval-from-house-and-senate/63884739

The link to review House Bill 4 is here:

https://legiscan.com/NM/text/HB4/2025

House Bill 16 would increase sentences for trafficking fentanyl, depending on how many pills the defendant is convicted of possessing. Under Hose Bill 16, where a person is found guilty in possession of fentanyl in relation to a crime of trafficking a controlled substance, the basic sentence of imprisonment shall be enhanced as follows:

Three years, if the person is in possession of between one hundred and five hundred pills, capsules or tablets containing a detectable amount of fentanyl, regardless of its concentration, or between ten and fifty grams of fentanyl powder, whichever is less;
Five years, if the person is in possession of more than five hundred pills, capsules or tablets containing a detectable amount of fentanyl, regardless of its concentration, or more than fifty grams of fentanyl powder, whichever is less; or
Five years, if the person has recruited, coordinated, organized, supervised, directed, managed or financed another to commit trafficking fentanyl.

The enhancement shall be in addition to, not a replacement of, charging conspiracy to commit trafficking.

The link to review House Bill 16 is here:

Click to access HB0016.pdf

House Bill 31 would more severely punish the crime of threatening to shoot people by increasing the attached penalty from a misdemeanor, which carries a maximum possible jail sentence between six months and one year, to a fourth-degree felony, which comes with 18 months in prison. Under House Bill 31, making a shooting threat consists of intentionally communicating to another person an intent to bring a firearm to a property or use the firearm with the intent to:

Place a person or group of persons in fear of great bodily harm;
Prevent or interrupt the occupation or use of a public building;
Cause a response to the threat by a law enforcement official or volunteer agency organized to deal with emergencies.

The link to review House Bill 31 is here:

Click to access HB0031.pdf

House Bill 38 would ban devices that can convert semi-automatic firearms into fully automatic ones. House Bill 38 provides as follows:

“Unlawful possession of a weapon conversion device consists of a person knowingly having in that person’s possession a weapon conversion device or knowingly transporting a weapon conversion device.

Each weapon conversion device found in violation of this section constitutes a separate offense.
A person who commits unlawful possession of a weapon conversion device is guilty of a third degree felony.”

The link to review House Bill 38 is here:

Click to access HB0038.pdf

House Bill 50 would group together the sentences for four different crimes related to stealing motor vehicles. State law already requires longer prison terms if someone commits one of these crimes on multiple occasions, but HB 50 would make subsequent convictions carry greater sentences for having violated any of the four statutes. It is essentially a stacking of sentences provision.

The four different crimes related to auto theft are:

Unlawful taking of a vehicle or motor vehicle. (Theft)
Embezzlement of a vehicle or motor vehicle. (Converting to own use a vehicle entrusted with the fraudulent intent to deprive the owner of the vehicle.)
Fraudulently obtaining a vehicle or motor vehicle (Obtaining by means of fraudulent conduct, practices or representations.)
Receiving or transferring a stolen vehicle or motor vehicle

Under House Bill 50, the penalty enhancement for first and subsequent offenses are as follows:

Fourth degree felony for a first offense;
Third degree felony for a second offense, regardless of which provision was the first offense; and
Second degree felony for a third or subsequent offense, regardless of which provision was the first or second offense.

The link to review House Bill 50 is here:

Click to access HB0050.pdf

House Bill 106 would allow police officers to test someone’s blood for drugs or alcohol if they refuse to take a breath test and the police have probable cause to believe they committed a misdemeanor. Existing law only allows police to test someone’s blood when they drive under the influence and either kill or seriously injure someone, or when they drive impaired and the officer has probable cause to believe they also committed a felony while doing so.

The link to review House Bill 106 is here:

https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0106.pdf

REPUBLICAN CRITICISM

During the February 21 Senate floor debate on House Bill 8, Republican senators tried to expand the crime package by proposing a series of amendments. The amendments would have expanded the state’s serious youthful offender law, changed the penalty for possession of a stolen firearm and made “swatting,” or directing law enforcement to respond to invented threats, a crime. The proposed changes were rejected with the argument made they should be vetted in legislative committees before being attached to a bill nearing final passage.

Though House Bill 8 was bipartisan legislation, its final passage still received criticism from Republican lawmakers, saying that it does not go far enough. Senate Republicans expressed criticism that House Bill 8 passed with no amendments requested by the party. Senate Republican Leader Bill Sharer said this in a statement:

“House Bill 8 is a small step forward in terms of improving public safety. I am disappointed, though certainly not surprised, that Democrats voted to kill each and every attempt Republicans made to improve this package and hold violent criminals accountable. Democrats continually kill our proposals and bottle up our bills in committee, and yet somehow New Mexico is supposed to believe they are ‘addressing crime?’ New Mexicans, the Governor, District Attorneys, law enforcement officers, and even criminals see this for what it is: Democrats are all talk and no action on improving public safety. They would rather give lip service to public safety needs than actually address our state’s crime epidemic.”

JUVENILE JUSTICE REFORMS STILL IN THE MIX

House Bill 8 consisting of the public safety package of six bills passed does not contain any legislation to address juvenile justice reform. House Minority Floor Leader Gail Armstrong, R-Magdalena, expressed disappointment about Democrats’ decision to advance the crime bills as a package, especially without including more aggressive punitive measures for juvenile offenders. Republicans failed to amend the package to include such content when the package passed the House floor, though GOP leadership still ultimately voted for its passage.

House Bill 134 is a bipartisan juvenile justice reform bill to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code. It would expand what is legally called a “serious youthful offender” which would allow juveniles to be charged as adults for more crimes to make sure violent teen suspects are held accountable. It would set aside money for programs providing services for youth in detention or CYFD and establish a panel to determine what comes next for a juvenile sentenced to a detention facility.

Bernalillo County District Attorney Sam Bregman has been lobbying lawmakers to pass sweeping juvenile justice reform since October. DA Bregman has said that overall violent crime appears to be trending down in New Mexico. However, he has said violent juvenile crime is “out of control,” saying 25 defendants under age 18 are currently detained and facing murder charges in New Mexico. Bregman said this:

“Juveniles without consequences who later commit murder or violent crimes happens every single week in Bernalillo County. … We have to do some things so they learn when they first enter the criminal justice system that their conduct of violating certain laws and norms cannot continue without a consequence. Therefore, they learn it, because we’re not at the end of the day.”

House Speaker Javier Martínez, D-Albuquerque, said during the February 22 news conference after passage of the crime package there would be a “fair hearing” on a bill expanding the state’s serious youthful offender law amid a recent spate of violent crimes involving minors. But he also said lawmakers would look at ways to rehabilitate juveniles convicted of committing violent crimes.

https://www.abqjournal.com/news/article_4ce9e72e-f08b-11ef-a9e7-6bf4a5fe72c1.html#tncms-source=home-featured-7-block

OTHER CRIME FOCUSED LEGISLATION

With the New Mexico legislature reaching the half way point, its almost assured that there will be more debate ahead on crime-focused legislation. More than 1,200 bills have been filed during this year’s 60-day session or roughly 100 bills more than two years ago. More than 40 bills dealing with crime and criminal penalties have been filed since the start of New Mexico’s 60-day legislative session. Following are a few of the major crime bills introduced:

Senate Bill 32: Creates it a fourth-degree felony of possession of a stolen firearm.
Senate Bill 70: Amending it a state racketeering law to include human trafficking and other crimes.
House Bill 165: Making it easier to hold defendants accused of certain violent crimes in jail until trial.
House Bill 166: Increase the criminal penalty for convicted felons in possession of a firearm.
Senate Bill 166: Changing the definition of dangerousness in state’s laws dealing with involuntary commitment for individuals with mental illness.
Senate Bill 95: Making it a capital crime to sell fentanyl to anyone who subsequently dies due to an overdose.

Separate legislation under consideration by the House Judiciary Committee but not included in the adopted crime package include:

House Bill 12 consists of amendments to the state’s five year old Extreme Risk Firearm Protection Order Act also know as the “Red Flag Law” which allows firearms to be temporarily seized from individuals deemed to pose a danger to themselves or others with a court order. House Bill 12 clarifies that law enforcement officers can directly initiate a court petition to get a court order to seize guns from those who pose a serious risk to themselves or others instead of having to wait for someone else to contact them. On February 25, the New Mexico House of Representative voted 41-27 to approve House Bill 12 and it now goes to the Senate for further committee hearing and a final vote.

https://www.abqjournal.com/news/crime/article_c15591f4-f3b9-11ef-837c-2f6c88aa65ef.html#tncms-source=home-featured-7-block

House Bill 86, which would remove the statute of limitations for prosecuting a human trafficking offense.

COMMENTARY AND ANALYSIS

The passage of the six-bill package embodied in House Bill 8 is only the first step to enactment of meaningful public safety legislation. Passage of House Bill 134 making changes to the juvenile justice system is just as important and will result in meaningful long term results in reducing crime.

This year, Democrats have a commanding 43-26 majority in the House and a 26-16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing. Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives remaining to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.

If there was ever a realistic chance for the New Mexico Legislature to enact major public safety measures, 2025 is the year to do it. Lujan Grisham will have only one more Legislative session before she leaves office, but the 2026 session is a “short session” of 30 days and primarily focused on budgetary matters.

Links to quoted or relied upon news sources are here:

https://www.krqe.com/news/new-mexico/crime-package-tackling-competency-issues-in-courts-passes-house-and-senate/

https://www.kob.com/news/top-news/state-senate-approves-public-safety-bills/

https://www.krqe.com/news/new-mexico/crime-package-tackling-competency-issues-in-courts-passes-house-and-senate/

https://www.koat.com/article/public-safety-package-heads-to-the-governors-desk-after-approval-from-house-and-senate/63884739

https://www.abqjournal.com/news/article_4ce9e72e-f08b-11ef-a9e7-6bf4a5fe72c1.html#tncms-source=home-featured-7-block

https://sourcenm.com/2025/02/12/crime-package-headed-to-new-mexico-house/

https://www.abqjournal.com/news/article_325678a2-ebca-11ef-ad5b-cbcdd6628246.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/article_a3124d8e-f09b-11ef-8450-c3224e7e4c14.html#tncms-source=home-featured-7-block

https://www.krqe.com/news/new-mexico/crime-package-tackling-competency-issues-in-courts-passes-house-and-senate/

The link to a related Dinelli article is here:

2025 New Mexico Legislative Update: NM House Passes Omnibus Public Safety Package On A 48–20 Vote Without Juvenile Justice Reform; Other Public Safety Bills Still Pending; Make Juvenile Justice Reform Priority

BCSO Deputy Jeff Hammerel Pleads Guilty As Charged To Bribery, Extortion And Conspiracy In Racketeering Enterprise To Dismiss DWI Cases; Implicates Supervisor; Score Card: 5 Plead Guilty As Charged, 17 Law Enforcement Officers Implicated; Expect More Charges; No Public Outcry

Posted on February 26, 2025 by

On February 25, 2025 BCSO Deputy Jeff Hammerel, 39, resigned from the Bernalillo County Sheriff’s Office (BCSO) and quickly plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. Hammerel admits his role in the racketeering DWI Enterprise to dismiss cases for bribes to help criminal Defense Attorney Thomas Clear III to get DWI cases dismissed. Bernalillo County Sheriff John Allen announced that Hammerel had resigned before pleading guilty as charged.

DETAILS OF HAMMEREL PLEA

In his plea agreement, Hammerel admits to being involved in the scheme since 2017, working with defense attorney Thomas Clear III and private investigator Ricardo “Rick” Mendez and he admits to failing to appear in court for DWI cases. Under the arrangement, Hammerel would miss his court appearance, Clear would move to have the case dismissed. Hammerel says he was paid bribes of at least $20,000 in cash or gifts in exchange for his help in getting the cases dismissed. In his plea, Hammerel admits he had the help of an unidentified sheriff’s supervisor who has yet be charged.

In the federal Criminal Information charging Hammerel, which he plead guilty to, federal prosecutors allege in part:

“To ensure successful operation of the scheme, Mendez [Clear’s private investigator] contacted persons in authority at BCSO, including a supervisory BCSO deputy, to ensure that participating conspiring officers, including Hammerel, would not get in trouble for failing to appear at required settings.”

Federal prosecutors did not identify the BCSO supervisor or name any other person in authority at BCSO involved in the scheme.

In his plea agreement, Hammerel said he joined BCSO’s DWI unit in 2013 and began coordinating with Mendez, Clear and the unnamed BCSO supervisor in 2017. Hammerel admits that the BCSO supervisor “provided me assurances that I would not get in trouble for failing to appear” at court hearings, pre-trial interviews and other trial settings so DWI cases get dropped. Hammerel admits he was paid in cash and “Christmas gifts and gifts in connection with the birth of a child.”

Hammerel is the first member of BCSO to plead guilty or be charged in the case. Under the plea agreement, Hammerel faces up to 80 years in prison and $1.25 million in fines.

On February 25, Sherrif John Allen placed BCSO Undersheriff Johann Jareno on leave after he was interviewed by FBI. Jareno is the highest-ranking law enforcement official to be tied to the case so far. Jareno has been placed on the Bernalillo County District Attorney’s Brady-Gigilo list that specifies law enforcement officers who are not to be considered credible in court.

Bernalillo County Sherriff John Allen said this in a statement:

“The Bernalillo County Sheriff’s Office holds its deputies to the highest ethical and professional standards. Any violation of the public’s trust will not be tolerated. … While this matter is now in the hands of the federal justice system, we remain committed to transparency and accountability. We will continue to cooperate fully with our federal partners as the investigation proceeds. Given the ongoing nature of the federal investigation, BCSO will continue to defer further comment to the appropriate authorities handling the case. We are actively reviewing our internal policies and procedures to strengthen oversight and prevent future misconduct.”

Links to relied upon or quoted news sources are here:

https://www.koat.com/article/bernalillo-deputy-guilty-plea-dwi-scandal/63924769

https://www.kob.com/new-mexico/former-bcso-undersheriff-resigns-amid-dwi-scandal/

https://www.abqjournal.com/news/article_57ba6892-f3c7-11ef-8536-671d122bd65b.html#tncms-source=home-featured-7-block

DWI CRIMINAL ENTERPRISE

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez. All those targeted with a search warrant are accused of being involved in a bribery and conspiracy scheme to dismiss DWI cases.

Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to police officer credibility being called into question in cases where they made DWI arrests. Over the last year, the investigation has evolved into the single largest law enforcement corruption case in the city’s history involving APD, the Bernalillo County Sheriff’s Office and the New Mexico State Police with no end in sight.

More than a year into their investigation, the FBI continues to seek out those who participated in the near 30-year criminal enterprise in which law enforcement officers coordinated with defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez to get drunken driving cases thrown out of court by paying bribes to arresting officers.

According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, DWI officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, they would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. The would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges would do so as a sanction against the prosecution. Clients whose cases were dismissed would typically pay more in legal fees of between $5,000 and $10,000 depending on if the charges were DWI or aggravated DWI. Law enforcement officers would be recruited by Clear and Mendez to participate in the scheme over many years. The conspirators would also profile people charged as to their ability to pay higher fees. Defense attorneys customarily charge between $3,000 and $6,000 to defend DWI cases depending on if the case is a persons first, second, third or even the fourth offense, misdemeanor or felony DWI, while there is no charge if a person qualifies and is defended by the Public Defenders Office.

FOUR OTHERS HAVE PLEAD GUILTY AS CHARGED

Hammerel is the fifth person and the third law enforcement official to plead guilty as charged. Three Albuquerque Police Department officers, attorney Thomas Clear III and his investigator Ricardo “Rick” Mendez, have all plead guilty as charged.

On January 24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in a criminal Information. The 8 count criminal Information contains the following charges:

1 count of a RICO Conspiracy
5 counts of Bribery of an Agent of an Organization Receiving Federal Funds
1 Count of Interference With Commerce by Extortion Under Color of Official Action; Aiding and Abetting
1 Count of Conspiracy To Commit Interference With Commerce By Extortion Under Color of Official Right

On February 8, former APD Officers Honorio Alba Jr. and Joshua Montaño were arraigned in U.S. District Court on federal charges and entered guilty pleas with no agreements as to sentencing but agreeing to cooperate. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face up to 130 years in prison.

On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion with no agreement as to sentencing and agreeing to cooperate. Clear faces up to 130 years in prison and $2 million in fines. The criminal charges and the guilty plea came one day after Clear was suspended from practicing law by the New Mexico Supreme Court. On February 7, the Federal Bureau of Investigations (FBI) filed a “Complaint for Forfeiture” of a home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood.

On February 12, former APD officer Neill Elsman plead guilty to 5 counts in federal of to conspiracy, extortion, and bribery. Elsman, who started working for APD in 2014 and joined the DWI Unit in 2019 resigned last August ahead of an Internal Affairs Interview. Elsman resigned from the Albuquerque Police Department after returning from military leave. Elsman faces up to 70 years in prison.

SEVENTEEN LAW ENFORCEMENT OFFICERS IMPLICATED

Former BCSO Deputy Jeff Hammerel is the 17th law enforcement officer to have resigned, retired, terminated or federally charged or indicted since the FBI executed five searches in January 2024 at three APD officers’ residences, the home of a private investigator, and the law office of prominent DWI attorney Thomas Clear III. Fourteen APD Officers, two Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.

14 APD OFFICERS IMPLICATED OR CHARGED

During the past year, a total of 14 APD Police officers have been implicated in the largest corruption scandal in APD’s history. Seven have resigned during the Internal Affairs investigation, 3 are on paid leave, one has been terminated and one has retired and 3 have been charged and have plead guilty. One by one, the accused Albuquerque police officers have been turning in their badges and resigning or retiring rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 14 officers who have resigned, placed on leave, who have been terminated, retired or charged are:

On February 7, 2024 Justin Hunt,who started at APD in 2000, resigned.
On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned.
On Friday, February 8, Alba plead guilty as charged to racketeering, bribery, extortion and conspiracy.
On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.
On March 15, 2024, Nelson Ortiz,who started at APD in 2016, resigned.
On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montañoplead guilty as charge to racketeering, bribery, extortion and conspiracy..
On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation playsout. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave. On February 12, Elsman plead guilty as charged to 5 counts of conspiracy, extortion, and bribery.
On August 1, APD announced that it fired Mark Landavazo,the APD Commander of Internal Affairs for Professional Standards, who started with APD in 2007 and was with the DWI unit from 2008 through 2013.
October 16, Deputy Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.
On January 24, 2025 APD announced they placed officers Matthew Chavezon leave.
On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.
In 2022, Timothy McCarson retired from the Albuquerque Police Department and he has been implicated in the DWI scandal. The last week of January, 2025, the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.

TWO BERNALILLO COUNTY SHERRIFF DEPUTIES

On February 25, 2025 BCSO Deputy Jeff Hammerel resigned from BCSO and plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery.

On February 24, 2025, BCSO Undersheriff Johann Jareno was asked to resign by Bernalillo County Sheriff John Allen.

NEW MEXICO STATE POLICE

On February 14, 2025 the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the DWI Enterprise to dismiss cases. Sgt. Toby LaFave is on paid leave as the agency does its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and was referred to as the DWI King.

LaFave, who joined State Police in 2012, said in an online video that he has made 3,000 arrests during his 20 years in law enforcement. Court records show LaFave has filed at least 1,300 felony and misdemeanor DWI cases from 2009 to February, 2025. Of the 31 DWI cases where LaFave was the arresting officer and Clear was the defense attorney, 17, or 57%, were dismissed by the courts.

https://www.abqjournal.com/news/article_97483524-eb17-11ef-9c15-8320a7b16191.htm/

COMMENTARY AND ANALYSIS

And the beat goes on with the largest law enforcement corruption case in the city’s history involving the Albuquerque Police Department (APD), the Bernalillo County Sheriff’ Department (BCSO) and the New Mexico State Police. Within a few weeks, federal charges have been filed against Thomas Clear, III and his paralegal Ricardo “Rick” Mendez, and both plead guilty as charged. Clear has been suspended from the practice of law and his law offices forfeited. Three former APD Officers have been charged and plead guilty as charged. One BCSO officer has been charged and plead guilty. All defendants charged face up to 130 years in prison. The New Mexico United States Attorney and the FBI have said they are moving forward with even more charges and expect more to plead guilty.

APD’S BASTION OF “DIRTY AND CORRUPT COPS”

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”. There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved.

NO PUBLIC OUTCRY

What is truly shocking is that there has been very little to no public outrage over what has been going on and the corruption within all 3 of our largest law enforcement agencies. No protests, no condemnations from the general public, civic organizations, business organizations, civil rights and minority rights organizations, neighborhood associations and community policy councils. No outrage expressed by elected officials like the Albuquerque City Councilors, Bernalillo County Commissioners, the District Attorney, the Attorney General, the Governor and our congressional delegation and members of the legislature. Nothing, nada. No one is demanding accountability nor the resignations of those who are supposed to be in charge. Mayor Tim Keller and APD Chief of Police Harold Medina in particular have pivoted, deflected and blamed all others for what has been happening within APD under their tenure. Mayor Keller for his part runs around with a smile on his face and a grin in his voice as he prepares to run for a third term refusing to hold Chief Medina responsible for his mismanagement of APD. It’s as if the public and our elected officials now accept that law enforcement corruption is the norm and not the exception.

CONCLUSION

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme. Until then, do not expect any public outrage by the public or elected officials.

Bernalillo County Under Sheriff Johann Jareno Resigns After Being Implicated By FBI In DWI Racketeering, Bribery And Conspiracy Enterprise To Dismiss DWI Cases; 17 Law Enforcement Officers Implicated Or Charged As Largest Law Enforcement Corruption Case Continues To Expand Involving APD, BCSO And State Police With No End In Sight; Where’s The Public Outrage?

Posted on February 25, 2025 by

Undersheriff Johann Jareno was asked to resign by Bernalillo County Sheriff John Allen after Jareno was questioned and implicated by the FBI in its ongoing federal investigation into the racketeering, bribery and conspiracy enterprise to dismiss hundreds of DWI cases. Bernalillo County Sheriff John Allen in announcing that he asked for Jareno’s resignation told his staff in an internal email that Jareno had been recently questioned by the FBI regarding his alleged involvement in the racketeering scheme saying it was “terrible news.” Sherriff Allen issued a lengthy public statement and he said this in part:

“Overall, the ongoing DWI investigation has shed light on deep-seated issues in law enforcement that predate my administration, which began in January 2023. …. I am profoundly disappointed by these revelations, which undermine the hard-earned trust between the community and law enforcement. As Sheriff, my foremost responsibility is to safeguard the trust and safety of our community, which we can only achieve through transparency and ethical conduct. … We are fully cooperating with the FBI and the U.S. Attorney’s Office to ensure that all aspects of this investigation are thoroughly addressed. … [My office is conducting a] thorough review of our internal policies and control mechanisms to prevent such incidents in the future.]

You can read Sherriff John Allen’s full statement in the postscript below.

UNDERSHERIFF JOHANN JARENO

Johann Jareno, 45, was one of two undersheriffs appointed by Sherriff John Allen who assumed office on January 1, 2023. Jareno is a 16-year veteran of the Sheriff’s Department. Jareno began his employment as a deputy with BCSO in March 2009, serving in the DWI Unit from December 2011 until October 2019. Allen appointed him as undersheriff in January 2023. Undersheriffs are second-in-command of the sheriff’s office. In 2009, Jareno emigrated from Chile and became a U.S. citizen with the goal of becoming a deputy with the Bernalillo County Sheriff’s Office according to a prior BCSO news release. Former undersheriff Johann Jareno has not been criminally charged.

Jareno is alleged to be part of the ongoing federal investigation into a DWI dismissal “enterprise,” where Albuquerque-area law enforcement officers are accused of working with criminal DWI defense attorney Thomas Clear and his paralegal Ricardo “Rick” Mendez to get drunk driving cases dismissed in exchange for cash and other bribes. The FBI and the US Attorneys Office say the cases involve members of the Albuquerque Police Department, New Mexico State Police, and BCSO who were working with attorney Clear.

KRQE Investigates looked through court records and found Jareno had a 76% rate with attorney Clear. Of their 17 cases together from 2010 to 2019, 13 were dismissed. An Albuquerque Journal survey of court records shows Clear was retained as a defense attorney by 17 defendants Jareno arrested for DWI or other misdemeanor charges. All but 11 of those cases were dismissed and the charges dropped.

KRQE INTERVIEWS BCSO SHERRIFF JOHN ALLEN ABOUT UNDERSHERIFF JOHANN JARENO

During a Feb. 12 interview about BCSO members being implicated in the DWI scheme, KRQE Investigative Reporter Ann Pierret asked Sheriff Allen about Jareno’s possible involvement in the scheme. Following is the exchange:

Pierret: “Have you thought about at all looking at your undersheriff?”

Allen: “I’ve thought about everything I’ve told you. I don’t really, um, as far as people that are involved or people that I communicate with, I put everything on the table. I have to look at everything and trends. That’s why I’m waiting for the criminal investigation to move further so I can see what to act upon.”

During the KRQE interview, Sheriff Allen also acknowledged his past friendship with defense attorney Thomas Clear, III and and his paralegal Ricardo “Rick” Mendez saying this:

“It’s just that’s even more disappointing because they were actually friends and I met with them. Did they ever bring any of this up and did I ever suspect anything like this? Oh heck no.”

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/bcso-undersheriff-resigns-amid-dwi-dismissal-scandal/

RELATED SUSPENSIONS

On January 24, 2025, Bernalillo County Sheriff John Allen placed Deputy Jeff Hammerel on administrative leave. On February 25, 2025 BCSO Deputy Jeff Hammerel resigned from BCSO and plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery.

On February 14, 2025 the New Mexico State Police placed longtime DWI Sgt. Toby LaFave on administrative leave in connection with the FBI investigation.

DWI CRIMINAL ENTERPRISE

Links to related, quoted or relied upon news sources are here:

https://www.abqjournal.com/news/article_6b542514-f2e6-11ef-ae6f-ef74ae659601.html

https://www.koat.com/article/albuquerque-bcso-undersheriff-resigns-dwi-scandal/63904395

https://www.kob.com/news/top-news/undersheriff-resigns-over-alleged-ties-to-dwi-scandal-in-new-mexico/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/bcso-undersheriff-resigns-amid-dwi-dismissal-scandal/

ANATOMY OF “DWI ENTERPRISE” REVEALED IN FEDERAL FILINGS

The criminal Information filed on January 24 in Federal Court against Ricardo “Rick” Mendez provides a summary of how the “DWI Enterprise” worked and evolved dating to back to at least 2008. The charging document described its operation like that of a gang involving law enforcement using coded language, teaching the scheme to new recruits and asking supervisors to make sure it stayed under wraps. At least two former-DWI officers implicated were placed on leave in the case had worked at Internal Affairs.

Prosecutors allege as fact in the federal Criminal Information charging document that “as part of the racketeering conspiracy, each member and associate of the DWI Enterprise served a different role” to subvert the criminal justice system.

As to attorneys, federal prosecutors allege that criminal defense attorney Thomas Clear, III, who “specialized in DWI defense”, and his private investigator Ricardo “Rick” Mendez “handled the day-to-day coordination of the scheme.” The federal Criminal Information pleading filed alleges law enforcement participants changed over time as they came and went from the APD DWI Unit.

In his Plea Agreement, Mendez admits the bribery scheme began in 2008, a year after he was hired by Clear. Mendez admits that police officers who arrested drunk drivers would take their driver’s licenses rather than arrest them for DWI. Those licenses were handed off to Mendez who would contact the driver and tell them they could get off the hook if they paid him several thousand dollars in cash.

Part of the money would go to the arresting officer. In some cases when charges were filed, Mendez said he worked with officers to make sure he and Attorney Clear scheduled court hearings at times that the officers were busy. Besides cash police officers and their family members received free legal advice and representation, gift cards, and hotel rooms.

When law enforcement involved in the scheme arrested someone or pulled them over for DWI, they would pass the person’s driver’s license and telephone number to him. Mendez would contact the charged Defendant and tell them, if they hired Clear, “they would not have to worry about the DWI arrest.” If Clear was hired, Mendez said, the pair “strongly encouraged” the person to pay their retainer in cash and then officers would intentionally fail to appear at required hearings. Prosecutors allege Clear would move to dismiss the DWI case “even though (he) was aware” the officer had been paid to not show up.

Mendez admitted the officers were often paid in cash, up to $5,000 per case, but also received other benefits. Those benefits included free legal services, gift cards, hotel rooms and other gifts. Mendez typically handled paying off law enforcement but, on occasion, Clear paid them directly. If the person didn’t retain Clear as an attorney, Mendez said, the officer would go about the case as normal, “usually securing a DWI conviction against the offender.” There were times police officers would let the DWI offender go without filing charges so Mendez could contact them and secure money to ensure the case would never be filed.

Mendez admitted the scheme “evolved over the years” within the APD DWI Unit, which had the most officers involved. They made sure to recruit and train new officers in the scheme and to personally introduce them to Mendez, giving him their phone numbers. Federal prosecutors allege that APD officers would be paid a “referral fee” by Mendez or Clear for a new recruit and those who were veterans in the scheme would warn Mendez which officers he should avoid, as they might report the activity to Internal Affairs. Prosecutors allege:

“This generational participation, particularly within APD, allowed the DWI Enterprise to take root amongst almost the entire APD DWI Unit over a lengthy period of time.”

Federal prosecutors allege Mendez and Clear asked senior members of the scheme to “use their positions and influence within APD” to try to ensure that involved officers “were not investigated or disciplined in connection with their illegal activity.”

The bribery and conspiracy scheme adapted to changes in the judicial system, such as when DWI case pretrial interviews were done away with in 2022. According to the plea agreement, police officers would skip the pretrial interviews to get the DWI cases dismissed. After pretrial interviews were discontinued, assigned APD police officers started missing motion hearings or trial settings that resulted in the courts dismissing the cases. Federal prosecutors assert law enforcement involved would use coded language in emails and phone communications with each other as they coordinated their scheme.

FIVE PLEAD GUILTY AS CHARGED

1 count of a RICO Conspiracy
5 counts of Bribery of an Agent of an Organization Receiving Federal Funds
1 Count of Interference With Commerce by Extortion Under Color of Official Action; Aiding and Abetting
1 Count of Conspiracy To Commit Interference With Commerce By Extortion Under Color of Official Right

On February 25, 2025 BCSO Deputy Jeff Hammerel resigned from BCSO and plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. In his plea agreement, Hammerel admits to being involved in the scheme since 2017, working with defense attorney Thomas Clear III and private investigator Ricardo Mendez to fail to appear in court for DWI cases. Under the arrangement, Hammerel would miss his court appearance, Clear would move to have the case dismissed. Hammerel says he received at least $20,000 in cash or gifts in exchange for his help spoiling the cases.

https://www.koat.com/article/bernalillo-deputy-guilty-plea-dwi-scandal/63924769

https://www.kob.com/new-mexico/former-bcso-undersheriff-resigns-amid-dwi-scandal/

SEVENTEEN LAW ENFORCEMENT OFFICERS IMPLICATED

Under Sherriff Jareno is the 17th law enforcement officer to have resigned, retired, terminated or federally charged or indicted since the FBI executed five searches in January 2024 at three APD officers’ residences, the home of a private investigator, and the law office of prominent DWI attorney Thomas Clear III. Fourteen APD Officers, two Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.

14 APD OFFICERS IMPLICATED OR CHARGED

During the past year, a total of 14 APD Police officers have been implicated in the largest corruption scandal in APD’s history. Seven have resigned during the Internal Affairs investigation, 3 are on paid leave, one has been terminated and one has retired and 3 have been charged and have plead guilty. One by one, the accused Albuquerque police officers have been turning in their badges and resigning or retiring rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 13 officers who have resigned, placed on leave, who have been terminated, retired or charged are:

On February 7, 2024 Justin Hunt,who started at APD in 2000, resigned.
On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned.
On Friday, February 8, Alba plead guilty as charged to racketeering, bribery, extortion and conspiracy.
On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.
On March 15, 2024, Nelson Ortiz,who started at APD in 2016, resigned.
On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montaño plead guilty as charge to racketeering, bribery, extortion and conspiracy..
On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation playsout. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave. On February 12, Elsman plead guilty as charged to 5 counts of conspiracy, extortion, and bribery.
On August 1, APD announced that it fired Mark Landavazo,the APD Commander of Internal Affairs for Professional Standards, who started with APD in 2007 and was with the DWI unit from 2008 through 2013.
October 16, Deputy Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.
On January 24, 2025 APD announced they placed officers Matthew Chavez on leave.
On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.
Timothy McCarson retired from the Albuquerque Police Department in 2022 and he has been implicated in the DWI scandal. The last week of January, 2025, the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.

TWO BERNALILLO COUNTY SHERRIFF DEPUTIES

On January 24, 2025 Bernalillo County Sherriff John Allen announced that BCSO Deputy Jeff Hammerel was immediately placed on administrative leave after it was announce he was being investigated for being a part of the bribery and conspiracy scandal. On February 25, 2025 BCSO Deputy Jeff Hammerel resigned from BCSO and plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery.

On February 24, 2025, undersheriff Johann Jareno was asked to resign by Bernalillo County Sheriff John Allen

NEW MEXICO STATE POLICE

https://www.abqjournal.com/news/article_97483524-eb17-11ef-9c15-8320a7b16191.htm/

COMMENTARY AND ANALYSIS

And the beat goes on with the largest law enforcement corruption case in the city’s history involving the Albuquerque Police Department (APD), the Bernalillo County Sheriff’ Department (BCSO) and the New Mexico State Police. Within a few weeks, federal charges have been filed against Thomas Clear, III and his paralegal Ricardo “Rick” Mendez, and both plead guilty as charged. Clear has been suspended from the practice of law and his law offices forfeited. Three former APD Officers have been charged and plead guilty as charged. All defendants charged face up to 130 years in prison.

The New Mexico United States Attorney and the FBI have said they are moving forward with even more charges. The prosecutions are being done piecemeal one or two at a time. Former U.S. Attorney for New Mexico Alexander Uballez put it this way:

“This is not how we normally do things. The way we are approaching this very unique case is very different. … Typically, defendants are charged all at once and the resolution of their cases in court can take months. … What we are seeing is falling dominoes of people accepting responsibility and being connected with the facts, not just the allegations.”

What is truly shocking is that there has been very little to no public outrage over what has been going on and the corruption within all 3 of our larges law enforcement agencies. No protests, no condemnations from the general public, civic organizations, business organizations, civil rights and minority rights organizations, neighborhood associations and community policy councils. No outrage expressed by elected officials like Albuquerque City Councilors, Bernalillo County Commissioners, the District Attorney, the Attorney General, the Governor and our congressional delegation and members of the legislature. Nothing, nada. No one is demanding accountability nor the resignations of those who are supposed to be in charge. Mayor Tim Keller and APD Chief of Police Harold Medina in particular have pivoted, deflected and blamed all others for what has been happening within APD under their tenure as Mayor Keller grins and smiles as he prepares to run for a third term. It’s as if the public and our elected official now accept that law enforcement corruption is the norm and not the exception.

POSTSCRIPT

Following is Bernalillo County Sheriff John Allen’s statement:

“On February 22, 2025, the Federal Bureau of Investigation informed me of an ongoing inquiry that implicates a member of our command staff in the broader investigation into DWI case manipulations. Given the seriousness of the investigation, I took immediate action to preserve the integrity of the Bernalillo County Sheriff’s Office. To prevent any potential conflicts of interest and ensure our agency’s focus remains on our mission, I requested and
received the resignation of Undersheriff Johann Jareno, effective immediately on February 23, 2025. Mr. Jareno began his employment with BCSO in March 2009, serving in the DWI Unit from December 2011 until October 2019, and was appointed Undersheriff in January 2023.

Overall, the ongoing DWI investigation has shed light on deep-seated issues in law enforcement that predate my administration, which began in January 2023. I am profoundly disappointed by these revelations, which undermine the hard-earned trust between the community and law enforcement. As Sheriff, my foremost responsibility is to safeguard the trust and safety of our community, which we can only achieve through transparency and ethical conduct.

We are fully cooperating with the FBI and the U.S. Attorney’s Office to ensure that all aspects of this investigation are thoroughly addressed. I am grateful for the FBI bringing this new development to my attention directly, and due to the ongoing nature of this federal inquiry, our comments must be measured, but be assured that transparency and communication will continue to be a priority of my administration.

We are undertaking a thorough review of our internal policies and control mechanisms to prevent such incidents in the future. Part of this initiative includes the creation of a new Accountability and Compliance role, enhancing our ability to monitor and enforce ethical conduct within our ranks. The trust between the public and law enforcement is sacred, and I am committed to actions that strengthen this bond. We will be proactive in strengthening this relationship through continuous improvement of our operational practices and technological capabilities. This includes enhancements to our monitoring of court attendances and other critical areas of our operations.

I am grateful for the community’s support and patience as we navigate these challenging times. We will emerge from this challenge stronger and more committed to serving with honor and integrity. We are taking all necessary steps to ensure our department reflects the high standards expected by the people of Bernalillo County.”

Sheriff John Allen

https://www.koat.com/article/albuquerque-bcso-undersheriff-resigns-dwi-scandal/63904395

2025 New Mexico Legislative Update: Legislature Passes Historic Behavioral Health Care Package; Criminal Competency Legislation Passes As Part Of Six Bill Omnibus Crime Package; Sweeping Changes Made To States Behavioral Health Care System 12 Years After Destroyed By Republican Governor Susana Martinez

Posted on February 24, 2025 by

NEWS UPDATE: ON FEBRUARY 27, 2025 GOVERNOR MICHELLE LUJAN GRISHAM SIGNED INTO LAW THE BEHAVIORAL HEALTH CARE REFORM PACKAGE

On February 22, the New Mexico legislature gave final approval to 3 Senate Bills that will make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide. All three bills taken together are known as the Behavioral Health Reform Package. The following is a description of each of the enacted Senate Bills:

Senate Bill 1: This bill creates the Behavioral Health Trust Fund for the state of New Mexico to support mental health and substance abuse treatment, prevention, and intervention programs throughout the state. The behavioral health trust fund will be invested by the State Investment Council. The trust fund will distribute 5% of its annual value to fund the programs and support investments in necessary infrastructure, technology, and workforce development to facilitate the expansion of services. The fund could also help New Mexico unlock matching funds from federal, local, and private sources. One major change made to Senate Bill 1 was removing a $1 billion appropriation for the new proposed trust fund. Money for the new fund is now expected to be provided in a separate budget bill during this year’s 60-day session.

Senate Bill 2: This bill allocates $200 million to expand regional behavioral health services such as crisis response and outpatient care. The bill appropriates the funding to the New Mexico Administrative Office of the Courts and various state agencies to set up a new framework for behavioral health programs statewide.

Senate Bill 3: This bill requires regional plans be crafted for providing mental health and substance abuse treatment. The plans would be overseen by the state judicial branch and would include time lines and regional funding priorities.

The Behavioral Health Reform Package now goes to the Governor’s desk to be signed into law.

The Behavioral Health Reform Package had a total of 19 bipartisan sponsors, led by Senators George Muñoz (D-Gallup) and Liz Stefanics (D-Cerrillos). During the 2025 Legislative session, House and Senate Democrats worked together to make record investments in behavioral healthcare and substance use treatment programs to give New Mexicans the help they need when they need it. Speaker of the House Javier Martínez (D-Albuquerque) said this:

“Throughout the interim, we worked closely with our colleagues in the Senate to develop a multi-faceted plan to address our state’s behavioral healthcare needs and improve public safety statewide. … This session, we have worked quickly and thoughtfully to deliver on our promise to advance meaningful legislation that will make our communities safer right away and address long-standing gaps in services for this generation and the next.”

Both Democratic Majority Floor Leader Senator Peter Wirth and Republican Minority Floor Leader Senator Will Sharer voted for all three Senate bills.

Democrat Sen. Peter Wirth, the majority floor leader said this:

“We have a behavioral health crisis. We have folks we see every day on the streets in our communities who need help. … The hope is to take one-time money and put it into that trust fund and then spin off a 5% annual return, more or less, basically taking one-time money and creating recurring money for behavioral health.”

Republican Senator Will Sharer, the minority floor leader, said this:

“For the first time in a decade, we’re at least trying to address the problem. … With each region, we’ll bring all of the various stakeholders together and say, okay, so here’s our problems. Here are the resources we have, here’s what we think we need, and here’s how we’re going to use those resources. So, the plan for San Juan County doesn’t have to look like Bernalillo County or anywhere else.”

Links to relied upon news sources are here:

https://www.abqjournal.com/news/article_4ce9e72e-f08b-11ef-a9e7-6bf4a5fe72c1.html#tncms-source=home-featured-7-block

https://www.koat.com/article/legislation-addressing-behavioral-and-mental-health-passes-the-senate/63835077

https://www.abqjournal.com/news/article_4f1dc4ba-eb0a-11ef-ba1d-3779878c0568.html

https://www.kob.com/new-mexico/behavioral-health-bills-cross-halfway-point-in-2025-legislative-session/

https://newmexicosun.com/stories/669955682-new-mexico-legislature-passes-bill-on-behavioral-healthcare-and-public-safety

https://grantcountybeat.com/news/news-articles/2025-nm-legislative-session/behavioral-healthcare-trust-fund-bill-headed-to-governors-desk

BACKGROUND

A recent report by the New Mexico Justice Reinvestment Working Group found that 65% of individuals who enter the state’s criminal justice system have a behavioral health need and the criminal justice system cannot provide necessary medical treatment and facilities. According to Kaiser Family Foundation data, New Mexico has one of the nation’s highest suicide rates, and more than one-third of state residents reported anxiety or a depressive disorder in 2023,

Adrian Avila, the chief of staff for the Senate Finance Committee, was tasked with taking the lead on crafting the package after a special session called last summer by Gov. Michelle Lujan Grisham ended with the Democratic-controlled Legislature declining to take up all of the governor’s crime-focused agenda.

Avila went so far as to travel to Miami Florida last year with behavioral health advocates to tour the Miami-Dade County Court diversion program that has drawn accolades for its success. Avila said the “Miami model” would not be totally feasible in New Mexico because the state’s population is not as densely concentrated.

Avila described the package that grew out of countless meetings and negotiations as a “bottom-up” approach to tackling mental health and drug abuse issues across the state.

On February 4, Avila told the Senate Finance committee this:

“We’re creating an entire ecosystem here.”

Democrat Majority Floor Leader Peter Wirth of Santa Fe and Senate Minority Floor leader William Sharer of Farmington jointly sponsored Senate Bill 1 of the Behavioral Health Reform Package. On February 4 they presented their legislation together to the Senate Public Affairs Committee. Several other top Republicans and Democrats have teamed up to carry two bills. Republican Senator Sharer said this of the funding:

“Things are getting worse, not better. … This is a huge, huge amount of money, but also a huge accountability piece. … So this is it.”

JUDICIARY IN CHARGE OF NEW MENTAL HEALTH CARE MODEL

Under the passed legislation, a new mental health care model will put the state judiciary in charge of planning while leaving the state Health Care Authority largely in charge of overseeing funding. This is a significant change from the current system, which largely falls under the executive branch’s jurisdiction.

The legislation will increase accountability by requiring regional plans outlining priorities for providing mental health and substance abuse treatment. The new trust fund will provide annual funding to support the regional plans, which would largely be overseen by the state’s judiciary.

On February 4, Senator Wirth told the Senate Public Affairs Committee that it’s imperative the courts receive sufficient funding to carry out implementation of the region-based approach. Wirth said this:

“They’ve been willing to step up and we have to make darn sure they have the resources to do it.”

SENATE BILLS PASS DESPITE SKEPTICISM

Despite the bipartisan support, not all lawmakers were fully on board with the proposed package. Hobbs Republican Senator Larry Scott cast the lone “no” vote against the bill in the Senate Health and Public Affairs Committee and said he was concerned about accountability safeguards. Senator Scott said this:

“I remain skeptical that this approach is going to be successful because I don’t see a single responsible agency.”

Sen. Nicole Tobiassen said this:

“We know we have to have a solution for everyone. Is this the perfect solution? I don’t know that it is, but it appears that at least there’s some groundwork here that we can all work from.”

The Health Care Authority has also raised several issues with one of the bills in a legislative analysis, saying it could “fragment” oversight and funding authority for the state’s behavioral health system.

Some efforts to expand the state’s mental health treatment options are proceeding. On February 4, Clovis Mayor Mike Morris told the Senate Finance Committee that a group of eastern New Mexico cities and counties are set to move forward with building a new crisis triage center on an 18-acre site near the Plains Regional Medical Center. The facility would provide temporary beds for individuals dealing with mental illness or substance abuse issues to be housed before a treatment program could be determined. Mayor Morris said under the current system, most such individuals either end up in local hospital emergency rooms or in jails. Morris told the Senate Finance Committee this:

“That obviously is not as good as we think we can do.”

The link to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_020e02b8-e324-11ef-9474-1fe32040c56c.html

https://www.kob.com/new-mexico/santa-fe-northern-new-mexico/house-lawmakers-to-vote-on-public-safety-package/

GOVERNOR ON BOARD WITH PLAN AFTER FIRST EXPRESSING MISGIVINGS

The Governor said this initially:

“To take an administrative arm of the courts and tell them to stand up behavioral health programs doesn’t make a lot of sense to me.”

Under the plan approved, the state judiciary would take on a larger role in approving regional behavioral health plans, while the state Health Care Authority would remain in charge of overseeing funding. This is a significant change from the current system, which largely falls under the executive branch’s jurisdiction.

Before the final Senate vote, the Governor’s Office indicated those concerns were largely resolved after negotiations with legislators and Supreme Court Chief Justice David Thomson.

JUDICIAL BRANCH PREPARED TO TAKE ON LARGER ROLE

Top judicial branch officials said New Mexico’s courts are willing to shoulder a larger role under a legislative plan to overhaul the state’s mental health and substance abuse treatment system. During the February 12 meeting of the Senate Finance Committee, Administrative Office of the Courts (AOC) Director Karl Reifsteck acknowledged the judicial branch is not currently a key player in the state’s behavioral health system. Reifsteck said the court system is willing to take on a larger role and has already begun preliminary work on how it would implement the changes proposed by a legislative package of bills. Reifsteck said this:

“This is not a role the courts requested, but it’s one we’re happy to accept if that’s the Legislature’s decision”.

Reifsteck said the judicial branch would act “very, very quickly” to implement the bill once passed by lawmakers and signed into law by the governor.

During the 2024 Special Session, legislators appropriated $3 million to ramp up court-ordered assisted outpatient treatment programs for individuals with mental illness in three judicial districts. The 3 behavioral health Senate bills moving forward would put the judiciary in charge of planning while leaving the state Health Care Authority largely in charge of overseeing funding.

During the February 12 meeting of the Senate Finance Committee, Chief of Staff Adrian Avila of the committee said early positive returns on those investments played a role in the decision to task the courts with a broader, permanent role in overseeing behavioral health programs.

During the February 12 Senate Finance committee meeting Health Care Authority Secretary Kari Armijo described the proposal to have the court’s administer the program as having a “bifurcated” accountability structure but she did not express opposition to the plan.

Senate Finance Committee Chairman George Muñoz, D-Gallup, said this about the legislation:

“We all see this as a crisis. [The current system] is not working.”

https://www.abqjournal.com/news/article_8cf6acb8-e8b0-11ef-9454-73bab70d54f4.html#tncms-source=home-featured-7-block

NEW MEXICO SUPREME COURT ALSO SEEKS FUNDING FOR BEHAVIORAL HEALTH

On January 23, New Mexico Supreme Court Chief Justice David Thomson addressed New Mexico lawmakers to discuss the financial needs of the state’s court system. Thomson highlighted several areas requiring funding. One area he expressed concern over was new efforts and court outpatient treatment programs for individuals with mental illness.

During his State of the Judiciary Address Supreme Court Chief Justice David Thomson said this:

“The judiciary is committed to doing the hard work to support the policy initiatives of the Legislature and the executive on behavioral health. … We will do our part. … My request to you is that we are not asked to do more to the detriment of our core judicial function.”

Thomson asked lawmakers to make the $3 million in funding approved during a special session last year recurring to ramp up court-ordered assisted outpatient treatment programs for individuals with mental illness in three judicial districts. Judge Thomson said this:

“We need that extended if this is a program that is of value to you so we can be consistent in its application.”

Behavioral health remains a priority for the court’s with the $3 million pilot program underway for Assisted Outpatient Treatment (AOT). While early results show some success, comprehensive outcomes are yet to be determined. Thomson stressed funding not only courts but also criminal justice partners like law enforcement and public defenders.

A treatment program in the Santa Fe-based 1st Judicial District was recently launched using Legislature’s initial start-up funding, though Thomson said he did not yet have information about the number of participants. Judge Thomson told law makers “We literally turned on the switch”.

Senate Majority Leader Peter Wirth told judicial officials during a Senate Committee hearing he’s committed to securing recurring funding for the assisted outpatient program, which connects defendants with counseling, medication and other services for up to one year. Wirth also said it’s important for such court programs to be in place and fully staffed as legislators consider changes to the state’s approach to assisting individuals found not to be competent, both in criminal and civil cases. Wirth referring to the state’s assisted outpatient treatment programs said this:

“This law has been on our books since 2016 and we just weren’t using it.”

CRIMINAL COMPETENCY BILL PASSES AS PART OF OMNIBUS CRIME PACKAGE

House Bill 4 is the criminal competency legislation. On February 22, the New Mexico legislature gave final approval and enacted 6 crime bills in House Bill 8 which is the Omnibus Crime Package. House Bill 4 passed as part of the House Bill 8 Omnibus Crime Package. House Bill 4 is the criminal competency legislation and it specifically requires that competency evaluators determine whether defendants are dangerous to themselves or others. After a competency hearing, and if a defendant is found not to be competent, a judge would then decide whether the defendant poses a threat. Based on that determination, a defendant would either be ordered to attend an assisted outpatient treatment program or be sent to the state Behavioral Health Institute in Las Vegas, New Mexico.

House Bill 4 gives prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are found to be dangerous to themselves or others and unable to stand trial.

Under House Bill 4, when a court determines that a defendant is not competent to proceed in a criminal case the court shall determine if the defendant is dangerous. A defendant who is not competent is dangerous if the court finds by clear and convincing evidence that the defendant presents a serious threat of:

(1) inflicting great bodily harm, as defined in Section 30-1-12 NMSA 1978, on another person;

(2) committing criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

(3) committing criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; (4) committing abuse of a child, as provided in Subsection D of Section 30-6-1 NMSA 1978;

(5) violating a provision of the Sexual Exploitation of Children Act;

(6) committing human trafficking, as provided in Section 30-52-1 NMSA 1978;

(7) committing a felony involving the use of a firearm; or

(8) committing aggravated arson, as provided in Section 30-17-6 NMSA 1978.

The link to review House Bill 4 is here:

https://legiscan.com/NM/text/HB4/2025

Sen. Peter Wirth, majority floor leader, said this about House Bill 4:

Links to quoted or relied upon news coverage is here:

https://www.koat.com/article/public-safety-package-heads-to-the-governors-desk-after-approval-from-house-and-senate/63884739

https://www.abqjournal.com/news/article_aa158e90-d9c9-11ef-aa34-477662558954.html

https://newmexicosun.com/stories/669238888-new-mexico-chief-justice-seeks-funds-for-court-modernization-and-security

GUTTING OF NON-PROFIT MENTAL HEALTH CARE PROGRAMS BY REPUBLICAN GOVERNOR SUSANA MARTINEZ

The cruelest thing that Governor Susana Martinez did as Governor was order a politically motivated and bogus “audit” of mental health services by nonprofits in New Mexico which devastated New Mexico’s behavioral health care system. More than 160,000 New Mexicans received behavioral health services in 2014, with most of those services funded by Medicaid, according to the Human Services Department.

In June 2013, under the direction of Governor Martinez, the Human Services Department cut off Medicaid funding to 15 behavioral health nonprofits operating in New Mexico. The Martinez Administration said that the outside audit showed more than $36 million in overbilling, as well as mismanagement and possible fraud. In early 2016, at least 13 of the 15 nonprofits that were shut down. The Martinez Human Services Department agency then brought in the 5 Arizona providers of their choosing to take over. Attorney General Hector Balderas did an investigation and found no fraud and cleared the nonprofits of fraud.

Even though New Mexico Attorney General Hector Balderas exonerated the behavioral health nonprofits the damage had been done to the New Mexico nonprofits and many simply went out of business. Three of the five Arizona providers brought in by Governor Susana Martinez’s administration in 2013 to replace the New Mexico nonprofits pulled up stakes in the state and the states mental health system never fully recovered.

https://www.abqjournal.com/749923/third-arizona-behavioral-health-provider-to-pull-out-of-state.html

COMMENTARY AND ANALYSIS

The final passage of the Behavioral Health Reform Package by the New Mexico Legislature with a bi-partisan vote is a major victory and a reflection of just how far the state has come to fix its broken health care system. The passage of the 3 bills comes more than 12 years after former Republican Governor Susana Martinez gutted New Mexico’s behavioral system in 2013, freezing Medicaid funding to 15 providers over fraud and overbilling accusations. All the accused providers were later exonerated by Attorney General Hector Balderas of wrong doing, but the damage had been done and many mental health care providers simply went out of business and closed. The state has tried to play catch up, better never filled the void.

Final enactment by the legislature of all 3 Senate bills making sweeping changes to the state’s health care system to deal with mental illness and drug abuse is long overdue and there is indeed cause for celebration. The Behavioral Health Reform Package addresses programs and facilities. The huge void to address the mandatory civil commitment of those who are to be danger to themselves and others and criminal competency was filled with the enactment of House Bill 4 as part of House Bill 8 known as the Omnibus Crime Package.

House Bill 4 specifically require that competency evaluators determine whether defendants are dangerous to themselves or others. House Bill 4 essentially contains the very same provisions that were mandated in Senate Bill 16 that was rejected last year during the special session. Under House Bill 4, after a civil competency hearing, and if a defendant is found not to be competent, a judge would then decide whether the defendant poses a threat. Once a person is determined not to be competent and determined to be a threat to themselves and others, the court could order mandatory treatment. With the passage of the Behavioral Health Reform Package, there will be treatment facilities and mental health care that will be provided under the direction of the courts.

2025 New Mexico Legislative Update: State Senate Passes Behavioral Health Package With Strong Bi-Partisan Support; 3 Bills Would Make Sweeping Changes To Health Care System To Deal With Mental Care And Drug Abuse; Gov. MLG On Board After First Expressing Skepticism Over Court’s Role; House Should Enact Package

Posted on February 20, 2025 by

New Mexico’s behavioral health care system has emerged as a major priority during the 2025 legislative session as lawmakers grapple with how to reduce violent crime rates, drug abuse and homelessness. A bipartisan approach has emerged after interim committee meetings last summer that rejected Governor Lujan Grisham’s proposed legislation for involuntary commit of those who suffer from severe mental illness and who pose a serious risk to themselves and others. It was an attempt to remodel a fragmented and largely ineffective state behavioral care health system.

STATE SENATE PASSES BEHAVIORAL HEALTH CARE PACKAGE

On February 14, the New Mexico State Senate passed on a bipartisan vote 3 Senate Bills that would make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide. They are the very first 3 Senate bills introduced in the 2025 Legislative Session marking their importance.

The package of bills, Senate Bills 1, 2 and 3, passed with broad support, two of them on 37-5 votes and the third on a similar 37-4 vote. Most of the “no” votes were cast by Republican senators. The following is a description of each of the proposed Senate Bills:

Senate Bill 1: This bill would create a $1 billion behavioral health trust fund that would be invested by the State Investment Council. A yearly distribution of 5% of the fund’s value — or $50 million at the start — would be made to help fund programs statewide.

Senate Bill 2: This bill would appropriate $140 million to the New Mexico Administrative Office of the Courts and various state agencies to set up a new framework for behavioral health programs statewide.

Senate Bill 3 — This bill would require regional plans be crafted for providing mental health and substance abuse treatment. The plans would be overseen by the state judicial branch and would include time lines and regional funding priorities.

Both Democratic Majority Floor Leader Senator Peter Wirth and Republican Minority Floor Leader Senator Will Sharer voted for all three Senate bills.

Democrat Sen. Peter Wirth, the majority floor leader said this:

Republican Senator Will Sharer, the minority floor leader, said this:

“For the first time in a decade, we’re at least trying to address the problem,” said. … With each region, we’ll bring all of the various stakeholders together and say, okay, so here’s our problems. Here are the resources we have, here’s what we think we need, and here’s how we’re going to use those resources. So, the plan for San Juan County doesn’t have to look like Bernalillo County or anywhere else.”

President Pro Tem Mimi Stewart, D-Albuquerque, said this during debate:

“This is a huge change from the way we’ve done things in the past,” said Senate

One major change made to the behavioral health package before the full Senate vote was removing a $1 billion appropriation for the new proposed trust fund. Money for the new fund is now expected to be provided in a separate budget bill during this year’s 60-day session, though Senate Majority Leader Peter Wirth, D-Santa Fe, said it’s unlikely the appropriation will end up hitting the $1 billion mark this year.

Links to quoted or relied upon news sources are here:

https://www.koat.com/article/legislation-addressing-behavioral-and-mental-health-passes-the-senate/63835077

https://www.abqjournal.com/news/article_4f1dc4ba-eb0a-11ef-ba1d-3779878c0568.html

https://www.kob.com/new-mexico/behavioral-health-bills-cross-halfway-point-in-2025-legislative-session/

EXTENT OF CRISIS

Avila went so far as to traveled to Miami Florida last year with behavioral health advocates to tour the Miami-Dade County Court diversion program that has drawn accolades for its success. Avila said the “Miami model” would not be totally feasible in New Mexico because the state’s population is not as densely concentrated.

Avila described the package that grew out of countless meetings and negotiations as a “bottom-up” approach to tackling mental health and drug abuse issues across the state.

On February 4, Avila told the Senate Finance committee this:

“We’re creating an entire ecosystem here.”

Democrat Majority Floor Leader Peter Wirth of Santa Fe and Republican Senate Minority Floor leader William Sharer of Farmington are jointly sponsoring Senate Bill 1 of the behavioral health legislation. On February 4 they presented their legislation together to the Senate Public Affairs Committee. Several other top Republicans and Democrats have teamed up to carry two bills. Republican Senator Sharer said this of the $1 Billion funding:

“Things are getting worse, not better. … This is a huge, huge amount of money, but also a huge accountability piece. … So this is it.”

NEW MENTAL HEALTH CARE MODEL PROPOSED

Under the proposed legislation, the new mental health care model would put the state judiciary in charge of planning while leaving the state Health Care Authority largely in charge of overseeing funding. This is a significant change from the current system, which largely falls under the executive branch’s jurisdiction.

The proposed legislation would increase accountability by requiring regional plans outlining priorities for providing mental health and substance abuse treatment. The new $1 billion trust fund would provide at least $50 million of annual funding to support the regional plans, which would largely be overseen by the state’s judiciary.

“They’ve been willing to step up and we have to make darn sure they have the resources to do it.”

While the state is projected to spend roughly $1.1 billion on behavioral health programs in the current budget year, the state’s behavioral health collaborative has not met in over one year and does not have an appointed director.

SENATE BILLS MOVE FORWARD DESPITE SKEPTICISM

Senator Wirth has expressed optimism the package could reach the governor’s desk by the midpoint of the 60-day session which is February 20.

Despite the bipartisan support, not all lawmakers are fully on board with the proposed package. Hobbs Republican Senator Larry Scott cast the lone “no” vote against the bill in the Senate Health and Public Affairs Committee and said he remains concerned about accountability safeguards. Senator Scott said this:

“I remain skeptical that this approach is going to be successful because I don’t see a single responsible agency.”

Sen. Nicole Tobiassen said this:

“That obviously is not as good as we think we can do.”

The link to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_020e02b8-e324-11ef-9474-1fe32040c56c.html

https://www.kob.com/new-mexico/santa-fe-northern-new-mexico/house-lawmakers-to-vote-on-public-safety-package/

GOVERNOR ON BOARD WITH PLAN AFTER FIRST EXPRESSING MISGIVINGS

Gov. Michelle Lujan Grisham at first expressed misgivings about the proposal of placing the judiciary in charge of overseeing regional plans for triage centers, mobile response teams and other behavioral health programs. The 3 Senate Bills will also make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide.

The Governor said this initially:

“To take an administrative arm of the courts and tell them to stand up behavioral health programs doesn’t make a lot of sense to me.”

Under the plan approved by the Senate, the state judiciary would take on a larger role in approving regional behavioral health plans, while the state Health Care Authority would remain in charge of overseeing funding. This is a significant change from the current system, which largely falls under the executive branch’s jurisdiction.

However, before the Senate vote, the Governor’s Office indicated those concerns were largely resolved after negotiations with legislators and Supreme Court Chief Justice David Thomson.

JUDICIAL BRANCH PREPARED TO TAKE ON LARGER ROLE

“This is not a role the courts requested, but it’s one we’re happy to accept if that’s the Legislature’s decision”.

Reifsteck said the judicial branch would act “very, very quickly” to implement the bill if it is ultimately passed by lawmakers and signed into law by Lujan Grisham.

During the February 12 Senate Finance committee meeting Health Care Authority Secretary Kari Armijo described the proposal to have the court’s administer the program as having a “bifurcated” accountability structure but she did not express opposition to the plan.

Senate Finance Committee Chairman George Muñoz, D-Gallup, said this about the legislation:

“We all see this as a crisis. [The current system] is not working.”

https://www.abqjournal.com/news/article_8cf6acb8-e8b0-11ef-9454-73bab70d54f4.html#tncms-source=home-featured-7-block

NEW MEXICO SUPREME COURT ALSO SEEKS FUNDING FOR BEHAVIORAL HEALTH

On January 23, New Mexico Supreme Court Chief Justice David Thomson of addressed New Mexico lawmakers to discuss the financial needs of the state’s court system. Thomson highlighted several areas requiring funding. One area he expressed concern over was new efforts and court outpatient treatment programs for individuals with mental illness.

During his State of the Judiciary Address Supreme Court Chief Justice David Thomson said this:

“We need that extended if this is a program that is of value to you so we can be consistent in its application.”

“This law has been on our books since 2016 and we just weren’t using it.”

LEGISLATIVE CHANGES TO EVALUATION PROCESS

Rep. Christine Chandler, D-Los Alamos, has filed legislation changing the process for evaluating whether criminal defendants are competent to stand trial. House Bill 4 would specifically require that competency evaluators determine whether defendants are dangerous to themselves or others. After a competency hearing, and if a defendant is found not to be competent, a judge would then decide whether the defendant poses a threat. Based on that determination, a defendant would either be ordered to attend an assisted outpatient treatment program or be sent to the state Behavioral Health Institute in Las Vegas, New Mexico.

https://www.abqjournal.com/news/article_aa158e90-d9c9-11ef-aa34-477662558954.html

https://newmexicosun.com/stories/669238888-new-mexico-chief-justice-seeks-funds-for-court-modernization-and-security

RECALLING THE GUTTING OF NON-PROFIT MENTAL HEALTH CARE PROGRAMS BY GOVERNOR SUSANA MARTINEZ

One of the cruelest things that Governor Martinez did as Governor was order an “audit” of mental health services by nonprofits in New Mexico which devastated New Mexico’s behavioral health system. in 2014, more than 160,000 New Mexicans received behavioral health services with most of those services funded by Medicaid according to the Human Services Department at the time.

In June 2013, under the direction of Governor Martinez, the Human Services Department cut off Medicaid funding to 15 behavioral health nonprofits operating in New Mexico. The Martinez Administration said that the outside audit showed more than $36 million in overbilling, as well as mismanagement and possible fraud. The audit was false. The Martinez Human Services Department agency brought in the 5 Arizona providers to take over.

In early 2016, at least 13 of the 15 nonprofits that were shut down were exonerated of fraud by New Mexico Attorney General Hector Balderas. Even though AG Balderas found no fraud and cleared the nonprofits of fraud the damage had been done to the nonprofits and many just went out of business. Lawsuits ensued and the Governor Lujan Grisham Administration was stuck settling most of the cases out of court to the tune of millions of taxpayer dollars.

Three of the five Arizona providers brought in by Governor Susana Martinez’s administration in 2013 to replace the New Mexico nonprofits pulled up stakes in the state and the states mental health system never fully recovered.

The freezing of Medicaid funding to 15 providers over false fraud and overbilling accusations and intentionally gutting the state’s mental health care system can only be described as cruel and vicious conduct by a political hack. The state is still playing catch up to fill the void to provide mental health care services to those who desperately need them.

https://www.abqjournal.com/749923/third-arizona-behavioral-health-provider-to-pull-out-of-state.html

COMMENTARY AND ANALYSIS

The passage of the three behavioral health bills by the Senate in a bi partisan vote is a major victory and a reflection of just how far the state has come to fix its broken health care system. The passage of the 3 bills comes more than a decade after former Republican Gov. Susana Martinez gutted New Mexico’s behavioral system in 2013.

Enactment of all 3 Senate bills making sweeping changes to the state’s health care system to deal with mental illness and drug abuse is long overdue and should be enacted. However, all 3 Senate Bills only address programs and facilities. There is still a void to address the mandatory civil commitment of those who are to be danger to themselves and others. House Bill 4, sponsored by Rep. Christine Chandler, would fill the void.

House Bill 4 specifically require that competency evaluators determine whether defendants are dangerous to themselves or others. House Bill 4 essentially contains the very same provisions that were mandated in Senate Bill 16 that was rejected last year. Under House Bill 4, after a civil competency hearing, and if a defendant is found not to be competent, a judge would then decide whether the defendant poses a threat. Once a person is determined not to be competent and determined to be a threat to themselves and others, the court could order mandatory treatment.

The New Mexico House should enact all 4 measures and send them on to the Governor for signature.

2025 New Mexico Legislative Update: NM House Passes Omnibus Public Safety Package On A 48–20 Vote Without Juvenile Justice Reform; Other Public Safety Bills Still Pending; Make Juvenile Justice Reform Priority

Posted on February 19, 2025 by

On February 15, the New Mexico House of Representatives voted 48-20 on an omnibus crime package of six bills intended to reduce crime. Nine Republicans, including all House GOP leaders, voted in favor of the bill, despite saying it doesn’t go far enough. Three Democrats voted against the package. The omnibus crime package will be sent to the Senate for further committee hearings with Senators deciding whether to make changes to the package before its voted on by the full senate for passage and sending it Governor for signature to become law.

The six house bills embodied in House Bill 8 are:

House Bill 4 would give prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are found to be dangerous to themselves or others and unable to stand trial.

House Bill 16 would increase sentences for trafficking fentanyl, depending on how many pills the defendant is convicted of possessing.

House Bill 38 would ban devices that can convert semi-automatic firearms into fully automatic ones.

The link to the relied upon and quoted news source material is here:

https://sourcenm.com/2025/02/12/crime-package-headed-to-new-mexico-house/

REACTIONS TO PASSAGE

House Bill 8 sponsor Rep. Christine Chandler, D-Los Alamos said this about its passage:

“The public wants this. …. People want us to be addressing public safety.”

Governor Lujan Grisham said in a statement that the passage of the bill is an important step forward, but the work isn’t finished, urging legislators to pass other public safety legislation. The Governor said this:

“Get these public safety bills to my desk now — our communities deserve real protection, not more excuses.”

The link to the relied upon and quoted news source material is here:

https://www.abqjournal.com/news/article_325678a2-ebca-11ef-ad5b-cbcdd6628246.html#tncms-source=home-featured-7-block

OTHER SEPARATE LEGISLATION STILL PENDING

More than 40 bills dealing with crime and criminal penalties have been filed since the start of New Mexico’s 60-day legislative session. Following are a few of the major bills introduced:

Senate Bill 32: Creates it a fourth-degree felony of possession of a stolen firearm.
Senate Bill 70: Amending it a state racketeering law to include human trafficking and other crimes.
House Bill 165: Making it easier to hold defendants accused of certain violent crimes in jail until trial.
House Bill 166: Increase the criminal penalty for convicted felons in possession of a firearm.
Senate Bill 166: Changing the definition of dangerousness in state’s laws dealing with involuntary commitment for individuals with mental illness.
Senate Bill 95: Making it a capital crime to sell fentanyl to anyone who subsequently dies due to an overdose.

Separate legislation under consideration by the House Judiciary Committee but not included in the adopted crime package include:

House Bill 86, which would remove the statute of limitations for prosecuting a human trafficking offense.

House Bill 12 is headed to a vote on the floor of the House of Representatives. It would create an alternative process for police officers to ask a judge for an Extreme Risk Firearm Protection Order, if a reporting party isn’t available or doesn’t want to be involved.

REACTION TO ENACTMENT OF HOUSE BILL 8

House Judiciary Committee Chair Rep. Christine Chandler sponsor of House Bill 8 said the six bills were rolled into one in response to public interest. Chandler said this:

“Our commitment to the public [is] to address crime swiftly. … We are doing that through a collection of bills that I think are very meaningful and impactful.

A public safety coalition composed of 11 civic organizations issued a statement with comments it said would have been delivered had public comments been allowed in the House Judiciary Committee hearing. The coalition includes NM Native Vote, Equality New Mexico, the American Civil Liberties Union of New Mexico and Albuquerque Healthcare for the Homeless.

In a released statement, the public safety coalition said members appreciated the collaborative work done to address their concerns about the criminal competency proposals, but said the final bill fails to address root causes and instead “focuses on new crimes, increased punishments, and forced hospitalization.” Chandler for her part said no public comments were allowed because each bill within the package had already been through the public comment process.

In a statement, ACLU-NM Interim Director of Public Policy Lena Weber said this:

“The caucus proposals are wrapped up into HB8 now depart starkly from those championed by these community voices. While the proposal makes significant improvements from the proposals of the 2024 special session, HB8 still relies principally on coerced care and forced hospitalization, which we know often exacerbate the very problems they seek to fix.”

The link to the relied upon and quoted news source material is here:

https://sourcenm.com/2025/02/12/crime-package-headed-to-new-mexico-house/

REPUBLICAN OPPOSTION

House Republicans severely criticized the six-bill package as “window dressing” that falls short of New Mexicans’ expectations for addressing high violent crime rates. House Minority Whip Alan Martinez, R-Bernalillo said this:

“We need common sense solutions that are actually going to impact the crime that we see every day.”

Much of the GOP criticism focused on House Democrats’ decision not to include a bipartisan bill dealing with juvenile criminal offenders in the crime package.

Rep. Andrea Reeb, R-Clovis, a former prosecutor, accused Democrats of blocking the bill’s progress despite support from Gov. Michelle Lujan Grisham and Bernalillo County District Attorney Sam Bregman. Reeb said this:

“I feel that Democrats just don’t want to include it and don’t want to listen to it at this point.”

Rep. Nicole Chavez (R-Albuquerque) said she voted against the package because it doesn’t go far enough and it does not t include her proposed changes to the Delinquency Act. That act governs how the state can hold children accountable for behavior that would be considered criminal if they were over 18. Rep. Nicole Chavez said this:

“I am in favor of most of the bills in here if not all maybe just other than one concern and so I just I just don’t feel like it goes far enough to address crime in the state.”

DISAPPOINTMENT EXPRESSED

House Judiciary Committee Chair Rep. Christine Chandler expressed disappointment about the Republican opposition to the package. She pointed out that several bills in the package, including a measure making it easier for law enforcement to get blood samples of motorists suspected of drugged driving, were filed by Republican lawmakers. In addition to the drugged driving proposal, the crime package also includes bills dealing with fentanyl trafficking, vehicle theft, school shooting threats and how New Mexico treats criminal defendants deemed incompetent to stand trial. Chandler said this:

“We had expected bipartisan support, based on our consultations.”

CRIMINAL COMPETENCY LAW

One of the big issues being highlighted in the 2025 legislative session is a revision to the state’s criminal competency laws. House Bill 8 will expand the evaluation process to allow judges to make a case-by-case review for suspects accused of certain serious crimes. They would have to go through a mental health hearing to determine if they are competent to stand trial and if they are dangerous. If a defendant is deemed incompetent and considered to be dangerous to themselves or others, then they can be involuntarily admitted to a mental health facility. A hearing will be held 90 days later to check if they can stand trial.

Rep. Christine Chandler (D – Los Alamos), the sponsor of House Bill 8 said this:

“… [W] here the individual is deemed not dangerous and not competent…we have expanded the opportunities to work with individual.”

GOVERNOR LUJAN GRISHAM REACTS

Governor Michelle Lujan Grisham has urged lawmakers to pass a slew of bills related to public safety during this year’s session. Governor Lujan Grisham said this:

“I support these bills and appreciate the House’s quick work on this public safety package — but New Mexicans are demanding more. Bills still pending in the Senate would address violent crime, gun crimes and serious issues related to juvenile offenders, but most are not yet scheduled for hearings. … I hope the Senate will hear these bills soon and help us produce the most comprehensive and effective public safety package possible.”

Links to quoted or relied upon news sources are here:

https://sourcenm.com/briefs/house-judiciary-approves-two-public-safety-bills-over-the-weekend/

https://www.koat.com/article/public-safety-package-advances-to-the-senate/63807723

https://www.kob.com/new-mexico/santa-fe-northern-new-mexico/house-lawmakers-to-vote-on-public-safety-package/

https://www.krqe.com/news/politics-government/legislature/public-safety-package-passes-major-hurdle-at-the-roundhouse/

https://www.kob.com/news/top-news/da-bregman-talks-lack-of-juvenile-justice-reform-in-public-safety-package/

https://www.abqjournal.com/news/courts/article_740fc010-ea43-11ef-a3b8-33c616cb4192.html

https://www.abqjournal.com/news/article_6fed2680-eca5-11ef-9e76-275f030494ce.html#tncms-source=home-featured-7-block

JUVENILE JUSTICE REFORMS

House Bill 8 consisting of the public safety package of six bills passed does not contain any legislation to address juvenile justice reform. During the House floor debate of the six bill crime package, Rep. Andrea Reeb, R-Clovis, was the first Republican member to debate the bill and immediately introduced a bill substitute, saying “The public wants more. … Democrats should continue to embrace doing even more”. Her efforts were quickly shot down.

Reeb tried to include a Youthful Delinquency Act with more severe penalties in the crime package and her effort failed. Rep. Nicole Chavez, R-Albuquerque, whose son was shot in a drive-by shooting in 2015, said this:

“When we leave juvenile crime out of this crime package, we send a dangerous message that accountability has an age limit.”

Democratic lawmakers have said they are still planning to debate juvenile justice reforms this session. House Judiciary Committee Chairman Rep. Christine Chandler said the juvenile offender bill embodied in House Bill 134 could still advance during this year’s 60-day session. Chandler said this:

“To rush a delinquency statute that hasn’t been vetted by any committee yet is doing the community and the public a disservice. … Are we open to that bill? Yes, of course we are. … It wasn’t included [in the omnibus package] because, unlike all the bills that were included, it has not gone through the committee process. … We have to be very thoughtful about how we approach young people in the criminal justice system.”

Chandler said the proposed changes to the Delinquency Act was inappropriate to be included House Bill 8 because it has not been heard in any committee yet, while every bill in this package had already been discussed.

Bernalillo County District Attorney Sam Bregman has been lobbying lawmakers to pass sweeping juvenile justice reform since October. A bi-partisan push to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code has emerged to make sure violent teen suspects are held accountable.

DA Bregman has said that overall violent crime appears to be trending down in New Mexico. However, he has said violent juvenile crime is “out of control,” saying 25 defendants under age 18 are currently detained and facing murder charges in New Mexico. Bregman said this:

PROPOSED CHANGES TO CHILDREN’S CODE OUTLINED

House Bill 134 is a bipartisan juvenile justice reform bill. It would expand what is legally called a “serious youthful offender” which would allow juveniles to be charged as adults for more crimes. It is also an effort to rename the Juvenile Corrections Act to the Juvenile Community Connections Act. It would set aside money for programs providing services for youth in detention or CYFD and establish a panel to determine what comes next for a juvenile sentenced to a detention facility.

In the House Judiciary Committee, Republican Rep. Nicole Chavez said the public safety package didn’t go far enough to address juvenile crime. Committee Chair, Democratic Rep. Christine Chandler said the Children’s Code bills hadn’t been vetted yet and she said this:

“I think we need the time and deliberative process to work on that bill, and I’m sorry people are disappointed that we didn’t rush it through, but rush doesn’t mean good.”

DA Bregman said that’s not good enough. He’s been working with lawmakers on juvenile justice reform since October.

“I will accept whatever the Legislature decides to do, but what I won’t accept is disinformation when it comes to well this is being rushed upon them or something like that. …This has been in front of them for months.”

DA BREGMAN’S PROPOSED CHANGES TO DELINQUENCY ACT

Bernalillo County District Attorney Sam Bregman has said that from January of last year to November of this year there have been 1,448 juvenile cases. This includes 24 homicides, 386 cases involving firearms, 49 armed robberies, and 44 rapes. He said from 2022 to 2023, there’s been a 57% increase in cases that involved kids with guns. However, in the first ten months of 2024, there was a 37.5% decrease in juvenile felony gun crimes compared to the same time in 2023.

In response to the juvenile violent crime rates, Bregman’s office developed a list of 36 amendments to the Children’s Code and the Delinquency Act. These changes include expanding the types of crimes where juveniles can be charged as adults, extending the jurisdiction of juvenile services to 25 years old and expanding youth gun restrictions. Bregman is proposing a 64-page bill with proposed amendments to the children’s code to crack down on youth crime. The proposed changes are all aimed at making sure there’s proper guardrails for juvenile criminals.

The proposed changes to the Children’s Code and Delinquency Act DA Bregman has listed as the most important are:

Expanding the definition of “Serious Youthful Offender” to include second degree murder, voluntary manslaughter, criminal sexual penetration (rape), armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death.
Extending the age of possible imprisonment for “Youthful Offenders” from 21 to 25 years old. As the law is currently written, once a juvenile offender turns 21, in most cases, the criminal justice system automatically loses jurisdiction. Extending jurisdiction to age 25 would provide more time to get youthful offenders to get the treatment and supervision they need, while also monitoring the progress they are making.
Making it a felony for unlawful possession of a firearm for people under 19 to have any guns, including rifles, and not just handguns. Right now, it is illegal for anyone under the age of 19 to be in possession of a handgun. However, it is not illegal for anyone under the age of 19 to possess an assault rifle. The law would be updating language from “handgun” to “firearm,” which will include assault rifles. Bregman is also proposing to increase the penalty for this crime from a misdemeanor to a fourth-degree felony.
Moving a person to an adult facility once they reach the age of 18. Bregman believes that when a juvenile convicted of a violent crime turns 18, they should go to an adult facility because he does not want an 18-year-old in custody with a 13-year-old.
Remove the use of the “Risk Assessment Tool” to determine if a child is to be detained and allow prosecutors to file charges without having to first consult the juvenile probation office. Bregman said detention risk assessments also often stand in the way of holding young people who have been arrested, adding the assessments fail to give judges enough discretion and law enforcement officers enough credit as people with firsthand knowledge of a crime. Bregman said this: “I say that if a police officer determines that that person needs to be arrested at the time, they need to be booked into the [detention center], and within 24 hours or so, a judge needs to hear and determine whether or not that person should be detained pending adjudication of the charges”.
Unsealing juvenile records during certain court hearings proceedings. This would consist of removing the secrecy laws that seal juvenile records from public review for the most serious offenders. This would allow juvenile records to be used during any adult conditions of release or sentencing hearing without having to obtain a court order to unseal the records. Every judge has the right to know and consider if the person in front of them has a violent past when determining conditions of release or sentencing. This change would allow for additional information to be heard and considered and will ultimately promote public safety.
Requiring judges to preside over juvenile detention hearings.
Grant judge’s discretion on the length of probation or commitment terms based on a juvenile’s history.

Bregman said this about his proposed changes:

“This is not about a kid going into a store and shoplifting candy or even a new set of headphones. … This is about kids who are willing to steal cars, drive down the road, videotape their friend while he’s shooting off 20 rounds of bullets that are going into houses and killing 5-year-olds.”

“Currently, the only crime you can charge a juvenile as an adult is first-degree murder We want to expand that to include: second-degree murder, voluntary manslaughter, criminal sexual penetration — rape, armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death. … there must be consequences when juveniles first enter the criminal justice system.”

https://www.abqjournal.com/news/article_6fed2680-eca5-11ef-9e76-275f030494ce.html#tncms-source=home-featured-7-block

“The most significant thing we can do on crime in the Legislature this year is truly amend the Children’s Code to deal with the unbelievable spike in juvenile crime that we’re seeing out there. … If they don’t pass anything when it comes to juvenile crime, it leaves a big hole in people’s guts, like what’s going on here? Because this is a big problem. … As time goes by, you start to lose the idea that you have any momentum or that it’s moving forward.”

https://www.kob.com/news/top-news/da-bregman-talks-lack-of-juvenile-justice-reform-in-public-safety-package/

COMMENTARY AND ANALYSIS

The passage of the six-bill package embodied in House Bill 8 is only the first step to enactment of meaningful public safety legislation. Passage of the legislation revising the state’s criminal competency laws and passage of House Bill 134 making changes to the juvenile justice system are just as important and will result in meaningful long term results in reducing crime.

ENACT MEANIFUL JUVENILE JUSTICE REFORM

Simply put, New Mexico’s children are committing more and more violent crimes where guns are involved. The state’s Children Code and our Juvenile Criminal Justice System has not been able to keep up with changing times to deal with what now can only be considered a major crisis. Part of the problem is just how complicated the children’s code really is and its application. The ultimate question that must be addressed is what is in the “best interest of the child” and keeping a family together versus punishment, incarceration and making sure justice is served and the public is protected.

It is very clear that the primary emphasis and purpose of the Children’s Code is not punishment in the form of confinement of child for crimes committed but on rehabilitation, services, counseling and social services. The primary goal of the Children’s Code and the Juvenile Justice System is to keep the family unit intact and what is in the best interest of the child. Such an approach is wise whenever you are dealing with delinquency types of cases and children of tender age. It is teenage juveniles, ages 13 to 15, that pose the biggest problem of what approach is in order.

Under the children’s code there is no mandatory sentencing and confinement when delinquency is found. When incarceration does happen it can only be up and until the child reaches 18. However, things do get very complicated when gun violence is involved and protecting the general public from gun violence and when it comes to sentencing a child as an adult when charges are brought against the child as a “youthful offender” or “serious youthful offender.”

All of the major proposals and changes to the Children’s Code as outlined and proposed by District Attorney Sam Bregman are reasonable, should be considered necessary given the violent crimes being committed by juveniles and should be adopted by the legislature. No doubt many will argue that they run afoul of the purpose and intent of the Children’s Code which is to do what is in the best interest of a child.

DA Bregman’s proposals to expand the definition of “serious youthful offender” so more types of crimes could lead to children being tried as adults is reasonable and necessary given the extent and types of violent crime that is being committed. The challenge for the legislature is to decide what types of offenses for which a juvenile can be charged as an adult. Right now, that can only happen for first-degree murder.

What should be included are all violent crimes involving a weapon and should include the crimes of aggravated assault, aggravated battery armed robbery with a firearm, and child abuse resulting in death. The legislature should also fix the law that currently allows a teenager to wield an assault rifle, though handguns are still illegal.

FINAL COMMENTARY

More than 40 bills dealing with crime and criminal penalties have been filed since the start of New Mexico’s 60-day legislative session. Many lawmakers say there’s a greater sense of urgency to address crime this year amid a spike of violent crimes involving juvenile offenders.

This year, Democrats have a commanding 43-26 majority in the House and a 26 to 16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing. Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives remaining to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.