Lawmakers should set up statewide mental health court
Gov. Michelle Lujan Grisham is saying there’s an 80% chance she will call state lawmakers back to the state Capitol for a special session to approve new public safety laws.
Legislation being discussed includes mandatory sentencing of criminal defendants who are found incompetent to stand trial to mental or behavioral health treatment programs.
A civil commitment process where there would be mandatory treatment of at least 90 days in a state facility setting for mental or behavioral health or drug and chemical dependency is being touted. The state could initiate civil action when family members are unable to have a relative involuntarily held in an in-patient facility.
There are laws on that books that deal with when and under what circumstances formal civil commitment hearings can be initiated for three-day, seven-day and even 30-day observation and diagnostic evaluations for the mentally ill and the drug addicted.
All deal with the civil commitments of those who are a danger to themselves and others. The laws also provide that district attorneys can initiate civil mental health commitment actions for evaluations and treatment and these laws should be expanded.
The Point In Time Survey for the unsheltered for the years 2009 to 2022 reports 46% of the unsheltered suffer from serious mental illness and that 44% of the unsheltered suffer from substance abuse, for a staggering 89% combined total.
In Albuquerque, 30.19% of the unhoused self-report as having a serious mental illness and 25.5% self-reported as substance abusers. New Mexico’s homeless numbers increased 48% in 2023 going from upwards of 2,600 people to 3,842.
The Bernalillo County Second Judicial Court has the only specialized Mental Health Court. It is a state-certified specialty treatment court specifically for individuals whose involvement with the legal system is directly related to an untreated mental health or drug addiction disorder. The court serves individuals charged and/or convicted of felony level charges and provides intervention, treatment and support.
Warehousing the mentally ill or drug addicted who are unhoused in jails for crimes committed is not the answer and it does not address treatment.
There is a need for statewide mental health facilities or hospitals to provide services needed to the unhoused mentally ill or drug-addicted. There exists less than adequate facilities where patients can be referred to for civil mental health commitments and treatment and a need for behavioral health hospital and drug rehabilitation treatment facilities.
The courts must be looked to as part of the solution. A special session of the Legislature for public safety should be for the creation of a statewide Judicial District Mental Health Treatment Court functioning as a mandatory outreach treatment court for the drug-addicted and the mentally ill in a hospital or counseling setting not involving jail incarceration.
Regional divisions located in Albuquerque, Las Cruces and Las Vegas could be created for mandatory mental health and drug treatment programs.
Creation of a new court system must include funding for district attorneys and public defenders with dedicated personnel resources for the filing and defending of civil mental health commitments as prescribed by law.
A statewide mental health court with mandatory civil commitments will get treatment to those who need it the most, help get the unhoused off the streets and help families with loved ones who resist any mental health treatment.