New Mexico

A coalition of far-left advocacy organizations and behavioral health providers is urging Governor Michelle Lujan Grisham to cancel a special legislative session set to commence in less than two weeks. This coalition, comprising progressive-leaning groups that generally support the governor’s policies, expressed their concerns in a letter sent on Tuesday.

The letter implores the governor to “halt” the special session and instead “engage further with community experts” on her plans to address mental health and public safety issues in New Mexico, suggesting that these topics be tackled during the regular 60-day session next year.

“With less than two weeks to go before session is slated to begin and an obvious lack of consensus between lawmakers on the (continually shifting) legislative proposals, there is simply no way to achieve the solutions New Mexicans deserve,” the letter asserts. “Moreover, a special session that will conclude in a matter of days with little to no opportunities for community feedback is not conducive to passing true and lasting safety solutions.”

The coalition includes the American Civil Liberties Union (ACLU) of New Mexico, the Center for Civic Policy, Common Cause New Mexico, Equality New Mexico, and the New Mexico Conference of Churches. The governor’s office has not yet responded to requests for comment, while the ACLU writes that “the governor’s rushed legislative proposals will not improve public safety.”

The coalition’s letter outlines three primary concerns. Firstly, they oppose legislation that would broaden the definitions of “harm to self” and “harm to others,” making it easier to “force someone into a locked mental health facility.” The letter argues that this approach fails to address the “underlying issue of critical shortages in voluntary care” and could violate constitutional rights, cause trauma, and increase distrust in New Mexico’s care systems.

Secondly, the coalition raises issues with a competency bill that would expand involuntary civil commitment. The proposal would mandate the detention of individuals who are not competent but also not dangerous and require legal proceedings to initiate their civil commitment. “Legislation that mandates detention and the initiation of involuntary commitment proceedings for certain individuals with mental illness in the criminal courts strips prosecutors and judges of their ability to make discretionary, case-by-case assessments regarding an individual’s freedom,” the letter states, suggesting this could lead to unjust outcomes.

Lastly, the coalition opposes a roadway safety bill that would prohibit loitering on highway medians with certain conditions. They argue that this legislation would unfairly penalize vagrants without addressing broader issues like pedestrian safety or the need for affordable housing and supportive services. “Legislation that will saddle [vagrants] with unpayable fines and jail time does nothing to meaningfully address pedestrian safety or solve our dearth of affordable housing and wrap-around services,” the letter contends.

“The state must urgently re-invest in communities, expanding access to voluntary treatment and affordable housing to tackle the root causes of these issues. The governor’s proposals – which are based on punishment and coercion – will only worsen the very issues she aims to fix,” wrote the ACLU in a fundraising email announcing its opposition to the governor’s imminent special session. 

The coalition emphasizes their respect for the governor and acknowledges the importance of the ongoing conversation about mental health and public safety. “We are grateful to you for accelerating this critical dialogue, but real solutions deserve more time than we have. They also deserve more robust dialogue and partnership with community organizations like ours,” the letter concludes, urging more thoughtful and inclusive policymaking.