With the legislative session underway, lawmakers are considering whether to change laws which see hundreds of court cases dismissed every year because defendants are found mentally unfit to stand trial.
Rep. Christine Chandler (D-Los Alamos) told KUNM that House Bill 4, which she is sponsoring along with Rep. Marianna Anaya (D-Bernalillo), expands options for courts. Currently, when people are found incompetent to stand trial their cases are often dismissed or, occasionally, a defendant deemed dangerous is sent for involuntary residential treatment.
"For individuals who are not dangerous, we're encouraging treatment options, and for those individuals who are dangerous, we're expanding somewhat the ability to have them criminally committed and treated," Chandler said.
The expansion of the individuals deemed dangerous includes a longer list of crimes which a defendant might commit if they remain at large, compared with what is currently in statute.
And the expanded treatment options include a process called assisted outpatient treatment, which can be ordered by a district court to treat a mental health disorder or to prevent a relapse. This has been on the books in New Mexico since 2016, but it has only been implemented in pilot programs in four judicial districts statewide.
Supreme Court Chief Justice David K. Thomson told the House Judiciary Committee Thursday that the pilots are underway, having received funding last summer, but he does not yet have data on things like number of participants.
Rep. Chandler, who is the chair of the committee, supports giving courts the option to move a defendant into an outpatient program if it is determined they would be amenable to it.
"I really think it's important that we have options and that those people who are working with the individual and know the defendant have the ability to assess and determine which is the best path to take," she said.
Governor Michelle Lujan Grisham has called for more people to be involuntarily committed when they are found to be unable to stand trial.
Rep. Chandler says she is on the same page as the Governor that the dismissal process needs to be looked at again, but added: "I think where we diverge is, our bill acknowledges and encourages, I hope, the option of assisted treatment, a treatment plan, as opposed to simply a prosecutorial approach to individuals."
The Governor has not said whether she would support Chandler's bill. A spokesperson said it was being analyzed along with other bills.
