New Mexico governor: Competency and commitment reforms ‘critical' this year
New Mexico Gov. Michelle Lujan Grisham said Tuesday she believes this legislative session will be the one in which lawmakers send to her desk reforms that would connect mental health treatment to people who are accused of crimes, but are unable to stand trial.
'I'm very grateful for the bipartisan, very effective, incredible work by so many legislators who are working to do both: invest in the prevention and compassionate supportive treatment,' Lujan Grisham said at a news conference, flanked by police, some of her cabinet members and lawmakers from both parties.
'We aren't going to vilify poverty or mental health issues but we aren't going to tolerate a revolving door of criminality anywhere in this state. We can do both,' she said.
Lujan Grisham said a proposal that would expand the state court system's existing process for determining whether people facing criminal charges are competent to stand trial is 'really critical.'
A bill from House Judiciary Committee Chair Rep. Christine Chandler (D-Los Alamos) would allow courts to order people who are accused of felony-level crimes and are found incompetent to stand trial to participate in community competency restoration programs, without necessarily requiring them to be in a locked facility.
Changing New Mexico's criminal competency law to make it easier to find someone dangerous and put them in a locked facility for treatment was one of the proposals that Lujan Grisham brought for the special session in the summer; advocates said her bill could have led to unjust outcomes, while lawmakers in her own party declined to sponsor it during the gathering in July at the Roundhouse.
Chandler said she believes her bill strikes an appropriate balance between incarcerating people who commit violent felonies and are not competent to stand trial, and enhancing opportunities for them to be brought to a point where they can participate in their own defense.
'Those individuals simply get released if they are not deemed competent and they do not get any services, and I think that's a heartbreaking thing that we all as a society in this state should be addressing,' she said.
That bill received its first hearing on Tuesday afternoon in the House Consumer and Public Affairs Committee.
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Bernalillo County District Attorney Sam Bregman is proposing an overhaul of New Mexico's Delinquency Act, which governs how the state can hold children accountable for behavior that would be considered criminal if they were over 18.
Bregman said Tuesday crime overall is getting better but 'violent juvenile crime is out of control,' and he doesn't believe young people face consequences when they first enter the criminal legal system.
'We can walk and chew gum at the same time when it comes to juvenile crime,' he said. 'We can give the necessary behavioral health, family-intervention type treatment. And at the same time, we can also have consequences. It does not have to be an either or.'
One of the proposals he wants, being carried this session by Sen. Antonio 'Moe' Maestas (D-Albuquerque), would increase the penalty for unlawful possession of a gun from a misdemeanor to a fourth-degree felony.
Lujan Grisham said she 'really wants' the bill passed because too many people are getting firearms shortly after getting out of prison.
That bill has been referred to the Senate Judiciary Committee but as of press time had not yet been scheduled for a hearing.
Lujan Grisham said there is the potential for an omnibus public safety package, containing multiple changes to the state's criminal laws, reaching her desk 'before the midway point' in the session.
'I feel pretty confident we are further along than I think they've ever been on a robust package, and I've been working with the Legislature for about four years,' she said.
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Missouri Senate leader says special session is ‘likely' to redraw congressional map
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Aug. 19—New Mexico's seven-day "cooling off" period for most gun purchases violates the Second Amendment right to bear arms, the 10th Circuit Court of Appeals ruled Tuesday. A three-member panel of the Denver-based court reversed the decision by U.S. District Judge James Browning of Albuquerque, who refused to grant a preliminary injunction in July 2024 to halt enforcement of the law. Gov. Michelle Lujan Grisham, in a statement on Tuesday, appeared to favor appealing the ruling, a sentiment echoed by state Sen. Joseph Cervantes, D-Las Cruces, who co-sponsored the measure during the 2024 legislative session. "We have tried very hard in the Legislature to stay within the lanes that the U.S. Supreme Court has put up," Cervantes told the Journal. "The challenge is that the Supreme Court keeps changing the goal posts." He said the 10th Circuit's conclusion was unexpected, considering that a number of other courts at the same level as the 10th Circuit have upheld such waiting periods as constitutional. Meanwhile, Republican lawmakers joined gun shop representatives in lauding the appeals decision. "Justice delayed is justice denied," said Jason Archie, manager of Right To Bear Arms gun shop at 11200 Montgomery NE. "It was represented as a way to prevent crime, but I didn't see that crime went down at all." He said enforcement of the waiting period was a "hassle" that most customers weren't happy about. The legal challenge to the law, which was enacted in early 2024, was filed on behalf of two gun owners, one from Farmington and the other from Albuquerque, who complained about trying to buy a firearm for personal purposes only to be told they had to come back a week later to pick it up. Supporters argued that the waiting period would help reduce gun violence and gun deaths in New Mexico. "Even though the potential to reduce impulsive gun violence might be true, once we acknowledge that the Waiting Period Act likely burdens Second Amendment activity, that potential is outweighed," wrote the appeals panel. The appeals court found that the law applies "a blanket burden across all of society, assuming that everyone is dangerous or unstable before they can exercise their Second Amendment right." In her statement, Lujan Grisham said the decision was "deeply disappointing, plainly wrong and likely to cost lives in New Mexico. New Mexico's waiting period law was carefully crafted to minimize gun violence while respecting Second Amendment rights." She said the dissenting opinion in the ruling even notes that New Mexico's law "is likely to save approximately thirty-seven lives per year." "This ruling ignores a recent binding Tenth Circuit precedent that upheld Colorado's law barring gun purchases by anyone under the age of 21 — a law that requires 18-year-olds to wait three years to purchase a weapon," she added. The ruling also mischaracterizes New Mexico's gun purchase waiting period, saying it applies to "everyone" when, in fact, it doesn't apply to those who sell guns to immediate family members, those with a concealed carry permit and law enforcement officers, the governor stated. "The evidence is clear — waiting periods prevent impulsive acts of violence and suicide, giving people time to step back and reassess their emotions during moments of crisis. I'm disappointed that today's ruling doesn't take this into account," she stated, adding that her administration was reviewing its legal options in reaction to the "misguided ruling." The New Mexico House initially approved a 14-day waiting period in early 2024, but a Senate floor amendment cut the wait time to seven days before the final passage. Meanwhile, Rhode Island, Maryland and New Jersey have adopted a seven-day waiting period, with four states, Colorado, Florida, Illinois and Vermont opting for three days. California has a 30-day waiting period. Browning, after hearing legal arguments and testimony from historian witnesses, also considered the plain language of the Second Amendment. He concluded that the right to acquire a firearm in New Mexico, which mandated the waiting period, didn't impede the right to "keep and bear" a firearm. But the appeals court held the opposite view, stating that "the constitutional injury to the Plaintiffs is so broad and clear that they have met their higher burden entitling them to an injunction changing the status quo." The court reversed Browning's ruling, and sent the case back for further proceedings. Republican legislators predicted this outcome during debate on the bill in 2024, but Democrats nonetheless passed HB 129 without a single Republican vote, stated Brandon Harris, spokesperson for the state Senate Republican Leadership office. Senate Republican Leader Bill Sharer of Farmington welcomed the appeal court ruling, reiterating that "the clear language of the 2nd Amendment says that 'the right of the people to keep and bear arms SHALL NOT BE INFRINGED.'" Sharer also questioned the logic behind the law itself, pointing out that "Criminals certainly don't wait seven days before breaking into our homes and threatening our families and properties... What sense does it make to require law-abiding citizens to wait seven days before being able to defend themselves?" Solve the daily Crossword
