June 5—With a special session approaching, some state lawmakers on Wednesday weighed in on the mechanics of a law that allows a court to order someone with serious mental health problems to participate in outpatient treatment services.
During the July special session, which will focus on public safety, lawmakers are expected to debate whether to expand the list of people who can petition to initiate involuntary treatment. As currently written, the law outlines who can petition to compel an individual to participate in outpatient treatment services, or OAT for short.
People who can currently petition include an adult who lives with a person; a brother or sister, child, parent or spouse; someone who treats the person for a mental disorder; the director of a hospital where the person has been admitted; and the director of a charity where the person in question lives. Under a bill proposed by the Governor’s Office, the list of people authorized to file an OAT petition would grow to include first responders, including police, firefighters and homeless responders, as well as a court-appointed public guardian or public conservator . among other things.
Members of the Legislature’s Interim Committee on Courts, Corrections and Justice received a copy of the governor’s bill Wednesday and will receive a briefing Thursday from staffers in the governor’s office on “possible special session legislation.”
Rep. Christine Chandler, a Los Alamos Democrat who chairs the committee, said the existing OAT law went into effect around 2016.
“It primarily gives local governments the authority, in collaboration with the courts, to create programs that mandate certain treatment plans,” she said, adding that only one of the state’s 33 counties – Doña Ana – has such program has in New Mexico. .
The city of Albuquerque used to have one, but no longer has it.
“It appears, based on what we’ve heard, to be an effective program,” she said, after hearing a presentation to the committee from Doña Ana County Health and Human Services Director Jamie Michael.
The presentation showed, among other things, a decrease in homelessness, arrests and hospitalizations.
“The question that some lawmakers are raising, and that I share, is why don’t we find a way to encourage other communities to take such an approach and see what results we have… and see whether or not that addresses the concerns that many of us do, that is, we have people with serious mental health problems, we all care about them, we want to improve their condition and keep them out of the criminal justice system and other contacts with the law,” Chandler said.
When asked at the meeting how the existing law could be improved, Michael said the list of petitioners is “fairly limited.”
“If we want to look at a new route to AOT that connects to the criminal side or to the competency process, then [add] some additional petitioners,” she said. “Still very cautious, but it would be nice if the court or the lawyer or other people could be petitioners.”
The draft AOT bill is one of several Governor Michelle Lujan Grisham is proposing for the special session, which will focus on public safety.
Some lawmakers have expressed skepticism about the days-long special session and expressed concerns that Parliament will not be given enough time to tackle complicated legislation. Other proposals include a civil and criminal powers bill described as a “complete overhaul of our system”, as well as a road safety bill and a proposal to increase punishment for criminals in possession of firearms.
Follow Daniel J. Chacón on Twitter @danieljchacon.
