Dems’ so-called ‘crime package’ sparks fury on all political sides

A proposed legislative package aimed at addressing crime in New Mexico is moving forward in the House despite concerns from lawmakers and advocacy groups about its effectiveness. House Bill 8, which encompasses six crime-related bills, has sparked debate over whether it strikes the right balance between public safety and criminal justice reform. The bill, now headed to the House floor, proposes tougher penalties for fentanyl trafficking, school shooting threats, and auto theft, as well as restrictions on firearm conversion devices. Additionally, it includes significant changes to the state’s criminal competency system, a move that has drawn both support and criticism.

Rep. Christine Chandler, D-Los Alamos, the bill’s sponsor, defended the package, stating, “This is in response to public interest and our commitment to the public to address crime swiftly. We are doing that through a collection of bills that I think are very meaningful.” She acknowledged that the package is not perfect but emphasized that it had been carefully crafted after months of work. “I felt that it was important to have bills where we got some consensus and we felt that people could get behind,” she added.

A key component of the bill focuses on reforming how New Mexico handles criminal defendants deemed incompetent to stand trial. The proposed changes would allow for mental health treatment for individuals accused of misdemeanors and low-level felonies who would otherwise be released without further intervention. Under the new system, non-dangerous defendants could be ordered into a 90-day community-based competency restoration program, or prosecutors could pursue involuntary civil commitment or assisted outpatient treatment. Chandler described this as a “balanced” and “compassionate” approach to addressing competency concerns.

Public defenders and legal experts, however, have raised questions about the practical implementation of these reforms. Second Judicial District Defender Dennica Torres expressed skepticism, noting that while the changes may be beneficial in theory, the state lacks the behavioral health infrastructure to support them effectively. “Do we have the staff? Do we have the evaluators? Do we have the attorneys? Do we have enough judges?” she asked, emphasizing the logistical challenges of implementing the proposed measures.

Opposition to HB 8 has come from multiple angles. Republican lawmakers have argued that the package does not go far enough in addressing crime, particularly juvenile crime. Rep. Nicole Chavez, R-Albuquerque, criticized the package for not imposing harsher penalties on young offenders. “I don’t think this package is going to address crime as far as what I think it needs to do,” said Rep. Andrea Reeb, R-Clovis, after voting against the bill.

Meanwhile, the Public Safety Coalition, which includes 11 organizations such as the American Civil Liberties Union of New Mexico, condemned the bill, stating that it would lead to unnecessary incarceration and forced psychiatric treatment. “This so-called public safety package is not going to achieve actual safety; it will only create new crimes, lengthen sentences, and use the criminal legal system to force people into psychiatric facilities that have yet to be built,” the coalition said in a statement. Lana Weber, interim director of public policy for the ACLU of New Mexico, echoed this sentiment, arguing that coerced care and forced hospitalization often worsen the very issues they aim to resolve.

Some lawmakers also objected to the bundling of multiple crime-related proposals into a single package, a practice that has been used in past legislative sessions. Rep. Matthew McQueen, D-Galisteo, voiced concerns about being asked to vote on a collection of bills with varying degrees of support. “There are lots of elements of this that I support; there’s at least one that I don’t. And I’m just troubled by that,” he said. Despite his reservations, McQueen ultimately voted to advance the package but noted that he may reconsider his stance when it reaches the House floor.

Chandler acknowledged that the bill will need to work alongside efforts to expand New Mexico’s behavioral health system. The Senate is currently advancing a separate package of bills that would establish a $1 billion trust fund, allocate $140 million in immediate funding, and implement a regional planning process for behavioral health services. While these measures could help address concerns about infrastructure shortages, some lawmakers worry they won’t be enough. “I think there’ll still be a little bit of an unmet need, but that will just accelerate our interest in developing a mental health program,” Chandler said.

As the debate continues, House Speaker Javier Martínez, D-Albuquerque, indicated that HB 8 could be up for a vote in the coming days. While proponents see the package as a necessary step toward improving public safety, critics remain concerned about its long-term consequences. “This isn’t the end. This is obviously just the start. But I think it’s a really good start,” Chandler said, underscoring the importance of ongoing discussions to refine the state’s approach to crime and mental health.