Legislation would help prevent gun violence and reduce recidivism by helping people
involved in the criminal justice system access behavioral healthcare

Santa Fe, N.M. – Today, the House Consumer and Public Affairs Committee advanced two key public safety bills, voting unanimously in favor of House Bill 4: Criminal Competency and Treatment, and 4-2 on House Bill 12: Extreme Risk Firearm Protection Order Changes.

House Bill 4, sponsored by Representatives Christine Chandler (D-Los Alamos) and Marianna Anaya (D-Albuquerque), would expand options for how our criminal justice system deals with individuals suffering from serious mental or behavioral health issues by creating more pathways to get them appropriate levels of treatment. Currently, when someone is deemed not competent to stand trial, their cases are often dismissed. Many of these individuals do not receive any treatment and may re-offend and end up back in the criminal justice system.

This bill is the result of months of work led by Rep. Chandler and other lawmakers on the legislature's Courts, Corrections and Justice Committee to gather input from experts and stakeholders, including law enforcement, district attorneys, judges, public defenders, and community leaders.

"House Bill 4 takes a balanced approach by providing our courts with greater discretion and additional avenues to get each individual the type of care they need," said Rep. Chandler who also serves as Chair of the House Judiciary Committee. "We are pairing this proposal with significant investments in our behavioral health system, so that we have the capacity to provide the treatment people need and better address the underlying issues that contribute to crime in our communities."

HB 4 would expand the court system's ability to send people who are deemed not competent to stand trial and found to be a danger to themselves or others to involuntary inpatient treatment, also known as criminal commitment. The bill also would create more options for those deemed not competent, but not dangerous to get the help they need by referring them to assisted outpatient treatment programs.

House Bill 12 would update New Mexico's Extreme Risk Firearm Protection Orders, or "Red Flag Law," which can temporarily suspend access to firearms for those deemed a threat to themselves or others. Sponsored by Rep. Joy Garratt (D-Albuquerque), Rep. Chandler, and Senators Katy Duhigg (D-Albuquerque) and Heather Berghmans (D-Albuquerque), this legislation would make the process easier to navigate for both law enforcement and individuals so that it can be more effectively enforced.

"When a person is in crisis, our courts and police need to be able to take action quickly, before a threat becomes a tragedy," said Rep. Garratt. "This law is already saving lives, and the changes in House Bill 12 will clarify and expedite the process to protect even more New Mexicans."

This session, House and Senate Democrats are working together on a robust slate of legislation to improve community safety by reducing gun violence, deterring violent crime, and making record investments in behavioral health and substance use treatment programs to give New Mexicans the help they need when they need it. These proposals include a $200 million down payment to expand the state's behavioral healthcare capacity.

The Roundhouse is open to the public for the 2025 session. Members of the public can also view floor sessions and committee meetings on the New Mexico Legislature's Webcasts tab and provide comment via phone or Zoom as directed on the daily schedule.