Only one bill was passed in Thursday's special legislative session. In part, it gives $3 million to the courts to fund pilot programs for assisted outpatient treatment and diversion programs for people who may not be competent to stand trial.
Governor Michelle Lujan Grisham originally asked for bigger changes, but supporters of the bill in its current form say it gives courts the freedom to provide services without forcing people to go to jail.
Democratic State Senator Jerry Ortiz y Pino said the bill allows the programs to continue gathering data and finding the best way to provide services without putting more people behind bars.
“She wants the courts to order people into treatment, and if they won't go, put them in jail. Most service providers that we've talked with say that's not a workable approach,” he said. “When you force somebody into treatment, they may comply for as long as it takes to avoid going to jail, but they're not really buying in themselves. They're having their arm twisted.”
The assisted outpatient treatment program allows judges to order someone into behavioral health treatment like therapy or substance abuse treatment when they’ve shown they’re not likely to seek it themselves. The governor wants to expand the program to allow that to happen in more cases, but critics point to research that shows that involuntary treatment isn’t as effective.
Ortiz Y Pino said funding the pilot programs in a few districts for now allows the courts to try different approaches in different areas to find the most effective tactics.
The courts can use the funding to directly contract with outside providers or even hire providers to work directly for the courts.
“That's why the diversity of approaches, I think, is going to be interesting. What they do in Santa Fe is not going to be exactly what they're doing in Las Cruces or Albuquerque or Farmington,” he said. “It'll all look different, and we can see what works best.”
The funding is meant to be ongoing, with more money being approved in the next regular legislative session.
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