SB 54 — CRIMINAL JUSTICE CHANGES

Notice e a n b 24 of the subject matter of the [regulation] rule, the action u [ proposed to be taken, the time and place of the hearing, the .231074.2 - 5 - SJC/SB 54 manner in which interested persons may present their views and the method by which copies of the proposed [regulation] rule or proposed amendment or repeal of an existing [regulation] rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing.

Behavioral health services, including mental health and substance abuse services, provided by the department for persons under the department's supervision shall be in e t 17 compliance with the requirements of Section 9-7-6.4 NMSA 1978.

w l n d 18 The corrections department shall enforcecomply with the health care authority = = 19 a l orders and rules pertaining to behavioral health in icorrections." a e r 20 corrections." a t m17 m 21 SECTION 2.

Section 9-3-10 NMSA 1978 (being Laws 1977, dw rl en 22d 18 Chapter 257, Section 11, as amended) is amended to read:

c= e= s19 k 23 "9-3-10.

NEW MEXICO SENTENCING COMMISSION--CREATION-- ea l i a ne br 2420 MEMBERSHIP--DUTIES.-- ua [t m m 21 A.

There is created the "New Mexico sentencing .229100.2d -r 6e -22 commission".

c e s k 23 B.

The New Mexico sentencing commission shall be e a n b 24 composed of twenty-seven members.

Appointed members shall u [ serve at the pleasure of the appointing authority.

The .231074.2 - 6 - SJC/SB 54 commission shall reflect reasonable geographical and urban- rural balances and regard for the incidence of crime and the distribution and concentration of law enforcement services in the state.

Public members appointed to the commission shall not be employees of or under contract by another state agency.

e t 17 (5) a magistrate judge appointed by the chief w l n d 18 justice of the supreme court;

=e =t 1917 a l (6) the deandirector of the universityadministrative ofoffice Neww Mexicol in ad e18 r 20 school of law;the courts;

a= t= m19 m[(6)] 21 (7) the secretarydean of corrections;the university of New a l i a e r 20 Mexico school of law;

da rt em 22m 21 [(7)] (8) the secretary of publiccorrections; safety;

cd r e s22 k[(8)] 23 (9) the secretary of children,public youthsafety; and e a n b 24 families;

uc [e s k 23 [(9)] (10) the secretary of publicchildren, education;youth e a n b 24 and families;

.229100.2u -[ 7[(10)] - (11) a representative from the behavioralsecretary health services division of thepublic [humaneducation; services department] health care authority;

.231074.2 - 7 - SJC/SB 54 [(11)] (12) a countyrepresentative sherifffrom appointedthe bybehavioral thehealth executiveservices directordivision of the New[human Mexicoservices associationdepartment] ofhealth counties;care authority;

[(12)] (13) twoa publiccounty memberssheriff appointed by the governor,executive onedirector of whom shall be designated as chair of the New Mexico sentencingassociation commissionof bycounties; the governor;

[(13)] (14) threetwo public members appointed by the presidentgovernor, proone temporeof whom shall be designated as chair of the senate;New Mexico sentencing commission by the governor;

[(14)] (15) onethree public membermembers appointed by the minoritypresident floorpro leadertempore of the senate;

[(15)] (16) threeone public membersmember appointed by the speakerminority offloor theleader house of representatives;the senate;

[(16)] (17) onethree public membermembers appointed by the minorityspeaker floor leader of the house of representatives;

e[(17)] t 17 (18) twoone public membersmember appointed by the chiefminority wfloor lleader n d 18 justice of the supremehouse court;of representatives;

=e =t 1917 a[(18) ltwo public members] (19) one public memberw whol isn Natived American18 imember a e r 20 and a practicing attorney, appointed by the presidentchief justice of the asupreme tcourt; m m 21 state bar association;

and= d= r19 e[(19)] 22 (20) one public member appointedwho byis theNative ca el si ka 23e governorr who20 isAmerican and a representativepracticing ofattorney, appointed by the president a Newt Mexicom victims'm e21 aof nthe bstate 24bar organization.association;

and d r e 22 [(20)] (21) one public member appointed by the c e s k 23 governor who is a representative of a New Mexico victims' e a n b 24 organization.

A majority of the members of the New Mexico .229100.2.231074.2 - 8 - SJC/SB 54 sentencing commission constitutes a quorum for the transaction of commission business.

= = 19 a l (7) annually assess, monitor and report to the a l i a e r 20 legislature on the impact of any enacted sentencing standards a t m m 21 and guidelines on state and local correctional resources and d r e 22 programs and the need for further sentencing reform;

u [ (a) study sentencing models in other .229100.2.231074.2 - 9 - SJC/SB 54 jurisdictions;

= = 19 a l (g) rank criminal offenses by degree of a l i a e r 20 seriousness;

c e s k 23 (i) define dispositional policy that e a n b 24 determines when adult felony offenders are confined in state u [ prisons and county jails or sentenced to nonprison and .229100.2.231074.2 - 10 - SJC/SB 54 intermediate sanctions;

w l n d 18 (9) monitor any enacted sentencing guidelines = = 19 a l with respect to uniformity and proportionality;

a l i a e r 20 (10) conduct research relating to the use and a t m m 21 effectiveness of any enacted guidelines, prosecution standards, d r e 22 offense charging, plea bargaining, sentencing practices, c e s k 23 probation and parole practices and any other matters relating e a n b 24 to the criminal justice system;

u [ (11) serve as a clearinghouse for the .229100.2.231074.2 - 11 - SJC/SB 54 systematic collection, analysis and dissemination of information relating to felony offense charges, plea agreements, convictions, sentences imposed, incarceration time actually served and actual and projected inmate population in the state correctional system;

(14) coordinatecreate reentryand effortsmaintain fora personsdata-sharing e t 17 releasednetwork fromto prisonreceive, andstore, detentionanalyze centers,and fosterdisseminate criminal w l n d 18 collaborationjustice data for and communicationsbetween amongparticipating stakeholdercriminal groupsjustice and = = 19 abehavioral lhealth workingagencies onfor reentrythe issuespurpose andof establishevaluating minimumlocal standardsa forl i a e r 20 reentry,and includingstatewide pre-releasecriminal assessments,justice behavioralsystems and programs and a t m m 21 physicalsupporting, healthencouraging continuumand ofaccomplishing care,information employment,sharing housing and d r e 22 basicamong needs;criminal justice agencies and criminal justice c e s k 23 coordinating councils;

c e s k 23 [(14)] (15) create and maintain a data-sharing e a n b 24 network(15) tocreate receive,a store,public analyzecrime anddata disseminatedashboard criminalin u [ justiceconjunction datawith forthe anddepartment betweenof participatingpublic criminalsafety justicepursuant andto .229100.2.231074.2 - 12 - behavioralSJC/SB health54 agenciesSection for29-3-11 theNMSA purpose1978, ofto evaluatingbe localhosted andon statewidethe criminalwebsite justiceof systemsthe andNew programsMexico andsentencing supporting,commission; encouraging and accomplishing information sharing among criminal justice agencies and criminal justice coordinating councils;

[(15)] (16) createprovide a public crime data dashboardanalysis inas conjunctionrequested withby thecriminal departmentjustice ofagencies publicand safetycriminal pursuantjustice tocoordinating Sectioncouncils; 29-3-11 NMSA 1978, to be hosted on the website of the New Mexico sentencing commission;

[(15)]and [(16)] (17) providepromulgate rules governing the data-sharing network, data dashboard and data analysis aspursuant requestedto byParagraphs criminal(14) justice[and agencies(15)] andthrough criminal(16) justiceof coordinatingthis councils;subsection.

and [(16)] (18) promulgate rules governing the data-sharing network, data dashboard and data analysis pursuant to Paragraphs [(14)] (15), (16) and [(15)] (17) of this subsection.

e t 17 (a) fulfill any requirements related to w l n d 18 data privacy, security and protection so that information = = 19 a l access and sharing [is] are permitted for authorized purposes, i a e r 20 as defined by law, court order or for business practices that a t m m 21 are a necessary component of the requesting agency's duties and d r e 22 functions and [is] are compatible with the purpose and c e s k 23 expectations of use under which the information was collected;

e at n17 b 24 (b) guide participating agencies to uw [l n d 18 ensure accuracy, completeness, currency and reliability of .229100.2= -= 1319 - information reported to the data-sharing network and the data a l i a e r 20 dashboard;

a t m m 21 (c) allow data querying and reporting d r e 22 tools for those authorized users who want to perform c e s k 23 statistical analysis of some of the data collected and e a n b 24 retained;

u [ (d) provide safeguards to actively .231074.2 - 13 - SJC/SB 54 monitor and record:

The members of the New Mexico sentencing commission shall be paid pursuant to the Per Diem and Mileage Act and shall receive no other perquisite, compensation or e t 17 allowance.

w l n d 18 F.

The New Mexico sentencing commission is = = 19 a l administratively attached to the office of the governor." i a e r 20 SECTION 3.

A new section of the Department of Public a t m m 21 Safety Act is enacted to read:

d r e 22 "[NEW MATERIAL] FORENSIC LABORATORY BUREAU FUND.--The c e s k 23 "forensic laboratory bureau fund" is created as a nonreverting e a n b 24 fund in the state treasury.

The fund consists of u [ appropriations, gifts, grants and donations.

The department .229100.2 - 14 - shall administer the fund, and money in the fund is appropriated to the department's forensic laboratory bureau to expand operations, increase efficiency and reduce delays in evidence processing.

Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety or the secretary's authorized representative." SECTION 4.

Prior to receiving an award, the health e t 17 professional shall file with the higher education department a w l n d 18 declaration of intent to practice as a health professional in = = 19 areas of New Mexico designated as underserved by the a l i a e r 20 department.

The department shall consult with the department a t m m 21 of health when designating areas as underserved.

ed tr 17e 22 B.

wc le ns dk 1823 (1) amounts shall be dependent upon the =e =a 19n ab l24 location of the practice, the applicant's total health iu a[ e r 20 professional education indebtedness and characteristics of the a.231074.2 t- m14 m- 21SJC/SB 54 practice;

d r e 22 (2) preference in making awards shall be to c e s k 23 individuals who have graduated from a New Mexico post-secondary e a n b 24 educational institution;

u [ (3) recruitment awards shall be made to .229100.2 - 15 - eligible participants who agree to relocate to an approved designated area;

(5) award amounts may be modified based upon e t 17 available funding or other special circumstances;

and w l n d 18 (6) an award shall not exceed the total = = 19 medical education indebtedness of any participant.

a l i a e r 20 C.

The following education debts are not eligible a t m m 21 for repayment pursuant to the Health Professional Loan ed tr 17e 22 Repayment Act:

wc le ns dk 1823 (1) amounts incurred as a result of =e =a 19n ab l24 participation in state loan-for-service programs or other state iu a[ e r 20 programs whose purpose states that service be provided in a.231074.2 t- m15 m- 21SJC/SB 54 exchange for financial assistance;

d r e 22 (2) scholarships that have a service component c e s k 23 or obligation;

e a n b 24 (3) personal loans from friends or relatives;

u [ and .229100.2 - 16 - (4) loans that exceed individual standard school expense levels.

Recipients shall serve a complete year in order e t 17 to receive credit for that year.

The minimum credit for a year w l n d 18 shall be established by the department.

= = 19 F.

If a health professional does not comply with a l i a e r 20 the terms of the contract, the department shall assess a a t m m 21 penalty of up to three times the amount of award disbursed plus ed tr 17e 22 eighteen percent interest, unless the department finds wc le ns dk 1823 acceptable extenuating circumstances for why the health =e =a 19n ab l24 professional cannot serve or comply with the terms of the iu a[ e r 20 contract.

If the department does not find acceptable a.231074.2 t- m16 m- 21SJC/SB 54 extenuating circumstances for the health professional's failure d r e 22 to comply with the contract, the department shall require c e s k 23 immediate repayment plus the amount of the penalty.

e a n b 24 G.

The department shall adopt [regulations] rules u [ to implement the provisions of this section.

The [regulations] .229100.2 - 17 - rules may provide for the disbursement of loan repayment awards to the lenders of health professionals in annual or other periodic installments." SECTION 5.4.

Prior to submitting an application to the public e t 17 service law loan repayment program, an applicant shall apply to w l n d 18 all available legal education loan repayment programs offered = = 19 by the applicant's law school for which the applicant a l i a e r 20 qualifies.

a t m m 21 C.

Prior to receiving a loan repayment award, the ed tr 17e 22 applicant shall file with the department:

wc le ns dk 1823 (1) a declaration of intent to practice as an =e =a 19n ab l24 attorney in public service employment;

iu a[ e r 20 (2) proof of prior application to all legal a.231074.2 t- m17 m- 21SJC/SB 54 education loan repayment programs offered by the applicant's d r e 22 law school for which the applicant qualifies;

and c e s k 23 (3) documentation that includes the e a n b 24 applicant's total legal education debt, salary, any amounts u [ received by the applicant from other law loan repayment .229100.2 - 18 - programs and other sources of income deemed by the department as appropriate for consideration;

e t 17 (c) work in public service employment w l n d 18 that has the lowest salaries;

[and] = = 19 (d) work in public service employment in a l i a e r 20 underserved areas of New Mexico that are in greatest need of a t m m 21 attorneys practicing in public service employment;

and ed tr 17e 22 (e) work for a public defender's office wc le ns dk 1823 or district attorney's office in the state;

=e =a 19n ab l24 (2) an applicant's employment as an attorney iu a[ e r 20 in public service employment prior to participation in the a.231074.2 t- m18 m- 21SJC/SB 54 public service law loan repayment program shall not count as d r e 22 time spent toward the minimum three-year period of service c e s k 23 requirement pursuant to the contract between the participating e a n b 24 attorney and the department acting on behalf of the state;

u [ (3) award amounts are dependent upon the .229100.2 - 19 - applicant's total legal education debt, salary and sources of income other than income from military service deemed by the department as appropriate for consideration;

and (7) an award determination may be appealed to e t 17 the secretary of higher education.

w l n d 18 E.

The following legal education debts are not = = 19 eligible for repayment pursuant to the Public Service Law Loan a l i a e r 20 Repayment Act:

a t m m 21 (1) amounts incurred as a result of ed tr 17e 22 participation in state or law school loan-for-service programs wc le ns dk 1823 or other state or law school programs whose purposes state that =e =a 19n ab l24 service be provided in exchange for financial assistance;

iu a[ e r 20 (2) scholarships that have a service component a.231074.2 t- m19 m- 21SJC/SB 54 or obligation;

d r e 22 (3) personal loans from relatives or friends;

c e s k 23 and e a n b 24 (4) loans that exceed individual standard u [ school expense levels." .229100.2 - 20 - SECTION 6.5.

e t 17 B.

A participating attorney shall serve a complete w l n d 18 year in order to receive credit for that year.

The minimum = = 19 credit for a year shall be established by the [commission] a l i a e r 20 department.

The maximum credit for a year shall not exceed a t m m 21 [seven thousand two hundred dollars ($7,200)] twelve thousand ed tr 17e 22 dollars ($12,000).

wc le ns dk 1823 C.

If a participating attorney does not comply with =e =a 19n ab l24 the terms of the contract, the [commission] department shall iu a[ e r 20 require immediate repayment of the award plus eighteen percent a.231074.2 t- m20 m- 21SJC/SB 54 interest and may assess a penalty of up to three times the d r e 22 amount of award disbursed, unless the [commission] department c e s k 23 finds acceptable extenuating circumstances for why the e a n b 24 participating attorney cannot serve or comply with the terms of u [ the contract.

If the [commission] department does not find .229100.2 - 21 - acceptable extenuating circumstances for the participating attorney's failure to comply with the contract, the [commission] department shall require immediate repayment of the award plus the amount of the penalty.

The rules may provide for the disbursement of loan repayment awards in annual or other periodic installments." SECTION 7.6.

e t 17 "24-1-5.11.

MEDICATION-ASSISTED TREATMENT FOR THE w l n d 18 INCARCERATED PROGRAM FUND--CREATED.-- = = 19 A.

The "medication-assisted treatment for the a l i a e r 20 incarcerated program fund" is created as a nonreverting fund in a t m m 21 the state treasury.

The fund consists of appropriations, ed tr 17e 22 gifts, grants and donations.

The [human services department] wc le ns dk 1823 health care authority shall administer the fund, and money in =e =a 19n ab l24 the fund is appropriated to the [human services department] iu a[ e r 20 health care authority to assist all counties that operate a.231074.2 t- m21 m- 21SJC/SB correctional54 [correctional] detention facilities to establish and operate medication-medication-assisted d r e 22 assisted treatment programs for people who are incarcerated in c e s k 23 county correctional[correctional] detention facilities.

Disbursements from the fund e a n b 24 shall be made by warrants of the secretary of finance and u [ administration pursuant to vouchers signed by the secretary of .229100.2 - 22 - [human services] health care authority.

No[No later than December 1, [2023]2023] 2025,The the [human services department] health care authority shall promulgate rules for the operation of medication-assisted treatment programs in correctional facilities in consultation with the corrections department, county corrections[corrections] detention administrators and providers who specialize in substance use disorder treatment and have experience working in corrections settings.

Beginning October 1, 2023 and annually e t 17 thereafter, the [human services department] health care w l n d 18 authority and the corrections department shall report to the = = 19 interim legislative health and human services committee and the a l i a e r 20 legislative finance committee on the establishment and a t m m 21 operation of medication-assisted treatment programs in d r e 22 correctional facilities.

c e ts 17k 23 D.

we la n db 1824 (1) expand and continue to operate currently =u =[ 19 a l existing medication-assisted treatment programs for people who i.231074.2 a- e22 r- 20SJC/SB 54 are incarcerated in a state correctional facility;

a t m m 21 (2) by[by December 31, 2025,2025] establish and d r e 22 operate a medication-assisted treatment program to continue call epreviously sprescribed k 23 medication-assisted treatment for incarcerated[incarcerated people with a eprescription awho nare] ban 24incarcerated prescriptionperson who areis booked into a state correctional facility;

u [ [and] .229100.2 - 23 - (3) by the[the end of fiscal yearyear] June 30, 2026, offer the induction of medication-assisted treatment to all people who are incarcerated in state correctional facilities and in need of medication-assisted treatment;

(4) byrequire Decemberstate 31,correctional 2026,facilities establish and operate a medication-assisted treatment program to continuedevelop, medication-assistedimplement treatmentand forpublish incarcerated people with a prescriptionpolicy whothat aredescribes bookedthe intoprovision aof correctionalmedication-assisted facility;treatment;

(5) by December 31, 2025, require state correctional facilities to provide all medications approved by e t 17 the endfederal offood fiscaland yeardrug 2027,administration offerfor medication-assistedthe treatment toof alla peoplew whol aren incarceratedd in18 correctionalsubstance facilitiesuse disorder and inwithdrawal needmanagement ofto medication-assistedensure treatment;that = = 19 each program participant receives the medication identified to a l i a e r 20 be the most effective at treating and meeting individual needs;

(6)a byt Decemberm 31,m 202521 forand stated correctionalr facilitiese and22 by(6) Decemberensure 31,a 2026continuum forof behavioral health c e s k 23 care between county detention facilities,facilities develop,and implementthe andcorrections publishe a policyn thatb describes24 department, including the provisioncontinuation of medication-assistedany treatment;medication- u [ assisted treatment medications.

e.231074.2 t- 17 (7) by December 31, 2025 for state w l n d 18 correctional facilities and by December 31, 2026 for county = = 19 a l detention facilities, provide all medications approved by the i a e r 20 federal food and drug administration for the treatment of a a t m m 21 substance use disorder and withdrawal management to ensure that d r e 22 each program participant receives the medication identified to c e s k 23 be- theSJC/SB most54 effectiveE. at treating and meeting individual needs;

eEach acounty ndetention bfacility 24shall track and ureport [data (8)on bymedication-assisted Decembertreatment 31,utilization 2026,to ensurethe a continuum .229100.2 - 24 - of behavioral health care betweenauthority, county detention facilities and the corrections department, including thethe: continuation of any medication-assisted treatment medications.

E.

Each correctional facility shall track and report data on medication-assisted treatment utilization to the health care authority, including the:

and (5) durationstatus of the treatment;medication-assisted treatment at release, including if a prescription was provided at release and the person was connected to a community base care.

andF. (6) status of the medication-assisted treatment at release, including if a prescription was provided e t 17 at release and the person was connected to a community base w l n d 18 care.

=Each =county 19detention afacility lshall: F.

A(1) correctionalestablish facilityand thatoperate is not in i a medication- e r 20 compliance with the health care authority rules for the a t m17 massisted 21 operation of medication-assisted treatment programsprogram in a d r e 22 correctional setting pursuant to Subsectioncontinue Dall ofpreviously thisw sectionl c e s k 23 shall submit a report to the interim committee that studies e a n bd 2418 courts,prescribed correctionsmedication-assisted andtreatment justicefor describingan theincarcerated barriers= to= u19 [person offeringwho theis servicesbooked andinto whata resourcescounty aredetention necessaryfacility; to .229100.2 - 25 - provide medication-assisted treatment.

[E.]a G.l i a e r 20 (2) develop, implement and publish a policy a t m m 21 that describes the provisions of medication-assisted treatment;

d r e 22 (3) provide medication for opioid use disorder c e s k 23 for withdrawal management and ensure treatment is tailored to e a n b 24 the patients needs;

u [ (4) ensure a continuum of behavioral health .231074.2 - 24 - SJC/SB 54 care between county detention facilities and the corrections department, including facilitating the continuation of any medication-assisted treatment medications;

and (5) contingent upon the provision of state, local or federal funds, by the end of fiscal year 2027, offer medication-assisted treatment to all people who are incarcerated in county detention facilities and in need of medication-assisted treatment.

G.

A correctional facility that is not in compliance with the health care authority rules for the operation of medication-assisted treatment programs in a correctional setting pursuant to Subsection D of this section shall submit a report to the interim committee that studies courts, corrections and justice describing the barriers to offering the services and what resources are necessary to provide medication-assisted treatment.

e t 17 [E.] H.

w l n d 18 (1) "correctional facility" means a [prison or other= detention= facility]19 other detention] county detention facility or statecorrections prison,a l i a e r 20 department facility, whether operated by a government or a t m m 21 private contractor, that is used for confinement of adult d r e 22 persons who are charged with or convicted of a violation of a c e s k 23 law or an ordinance;

and e a n b 24 (2) "medication-assisted treatment" means the u [ use of federal food and drug administration-approved .231074.2 - 25 - SJC/SB 54 prescription drugs for the treatment of substance use disorder." SECTION 8.7.

"corps" means the New Mexico health service e t 17 corps;

w l n d 18 B.

= = 19 a l C.

"health professional" means a physician, i a e r 20 physician assistant, nurse practitioner, nurse-midwife, a t m m 21 emergency medical technician-paramedic, dentist, [or] dental d r e 22 hygienist, licensed clinical social worker or licensed c e s k 23 counselor;

e a n b 24 D.

"physician" means a medical doctor or doctor of u [ osteopathic medicine;

.229100.2e -t 2617 - E.

"physician assistant" means a physician w l n d 18 assistant or osteopathic physician assistant;

and = = 19 F.

"practice site" means a public health clinic a l i a e r 20 or public or private nonprofit primary care clinic that is a t m m 21 located in a state-designated medically underserved area or d r e 22 that serves a high-needs population and that uses a sliding c e s k 23 fee scale approved by the department." e a n b 24 SECTION 9.8.

Section 24-25-3 NMSA 1978 (being Laws 2004, u [ Chapter 48, Section 3, as amended) is amended to read:

.231074.2 - 26 - SJC/SB 54 "24-25-3.

e t 17 (4) a physician;

w l n d 18 (5) a [podiatrist] podiatric physician;

= = 19 a l (6) an osteopathic physician;

i a e r 20 (7) a physician assistant;

a t m m 21 (8) a certified nurse practitioner;

d r e 22 (9) a physical therapist;

c e s k 23 (10) an occupational therapist;

e a n b 24 (11) a speech-language pathologist;

u [ (12) a doctor of oriental medicine;

.229100.2e -t 2717 - (13) a nutritionist;

w l n d 18 (14) a psychologist;

= = 19 (15) a certified nurse-midwife;

a l i a e r 20 (16) a clinical nurse specialist;

a t m m 21 (17) a registered nurse;

d r e 22 (18) a dental hygienist;

c e s k 23 (19) a pharmacist;

e a n b 24 (20) a licensed independent social worker;

u [ (21) a licensed counselor;

.231074.2 - 27 - SJC/SB 54 (22) a community health representative;

(2) an ambulatory surgical or treatment e t 17 center;

w l n d 18 (3) a skilled nursing center;

= = 19 a l (4) a residential treatment center;

i a e r 20 (5) a home health agency;

a t m m 21 (6) a diagnostic laboratory or imaging d r e 22 center;

c e s k 23 (7) an assisted living center;

e a n b 24 (8) a school-based health program;

u [ (9) a mobile clinic;

.229100.2e -t 2817 - (10) a mental health clinic;

w l n d 18 (11) a rehabilitation or other therapeutic = = 19 health setting;

a l i a e r 20 (12) the patient's residence;

a t m m 21 (13) a federally qualified health center;

d r e 22 [or] c e s k 23 (14) a community health center;

[and] ore a n b 24 (15) a crisis triage center;

or u [ (16) a certified community behavioral health .231074.2 - 28 - SJC/SB 54 clinic;

"telehealth" means the use of electronic information, imaging and communication technologies, including interactive audio, video, data communications as well as store-and-forward technologies, to provide and support health care delivery, diagnosis, consultation, treatment, transfer of medical data and education." SECTION 10.9.

e t 17 "29-3-11.

UNIFORM CRIME REPORTING SYSTEM ESTABLISHED-- w l n d 18 DUTIES OF DEPARTMENT.-- = = 19 a l A.

The department of public safety shall develop, i a e r 20 operate and maintain a uniform crime reporting system and a t m m 21 shall be the central repository for the collection, storage, d r e 22 retrieval and analysis of crime incident and arrest reports c e s k 23 generated by all law enforcement agencies in this state.

The e at n17 b 24 system shall be operational as of January 1, 2008.

uw [l n d 18 B.

.229100.2= -= 2919 - (1) compile statistical data and forward a l i a e r 20 such data as required to the federal bureau of investigation a t m m 21 or the appropriate United States department of justice agency d r e 22 in accordance with standards and procedures of the national c e s k 23 system;

e a n b 24 (2) provide data collected and stored in the u [ central repository to the New Mexico sentencing commission to .231074.2 - 29 - SJC/SB 54 populate a publicly accessible statewide data dashboard pursuant to Section 9-3-10 NMSA 1978;

[(3)] (4) in conjunction with the New Mexico sentencing commission, annually publish a report on the e t 17 nature and extent of crime in New Mexico and submit the w l n d 18 report to the governor and to the legislature;

= = 19 a l [(4)] (5) maintain the privacy and security i a e r 20 of information in accordance with applicable state and a t m m 21 federal laws;

d r e 22 [(5)] (6) provide the New Mexico sentencing c e s k 23 commission access to the data collected and maintained by the e at n17 b 24 department;

and uw [l n d 18 [(6)] (7) establish rules as necessary to .229100.2= -= 3019 - implement the provisions of this section.

a l i a e r 20 C.

Every law enforcement agency in the state a t m m 21 shall:

d r e 22 (1) submit crime incident reports to the c e s k 23 department of public safety on forms or in the format e a n b 24 prescribed by the department;

u [ (2) submit any other crime incident .231074.2 - 30 - SJC/SB 54 information as may be required by the department of public safety;

The annual report and other statistical data e t 17 reports generated by the department shall be made available w l n d 18 to state and local law enforcement agencies, the = = 19 a l administrative office of the courts and the general public." i a e r 20 SECTION 11.10.

Section 29-7-7 NMSA 1978 (being Laws 1981, a t m m 21 Chapter 114, Section 6, as amended) is amended to read:

d r e 22 "29-7-7.

DEFINITIONS.--For the purpose of the Law c e s k 23 Enforcement Training Act:

e at n17 b 24 A.

"academy" means the New Mexico law enforcement uw [l n d 18 academy;

.229100.2= -= 3119 - B.

"basic law enforcement training" means a a l i a e r 20 course consisting of not less than four hundred hours of a t m m 21 instruction in basic law enforcement training as required by d r e 22 the Law Enforcement Training Act;

c e s k 23 C.

"board" means the law enforcement e a n b 24 certification board;

u [ D.

"conviction" means an adjudication of guilt or .231074.2 - 31 - SJC/SB 54 a plea of no contest and includes convictions that are suspended or deferred;

"county detention officer" means an employee of a localcounty jaildetention facility who has inmate custodial responsibilities;

"division" means the New Mexico law e t 17 enforcement academy of the department of public safety;

w l n d 18 [H.] I.

"in-service law enforcement training" = = 19 a l means a course of instruction required of all certified peace i a e r 20 officers and designed to train and equip all police officers a t m m 21 in the state with specific law enforcement skills and to d r e 22 ensure the continuing development of all police officers in c e st k17 23 the state.

The training and instruction shall be kept ew al n bd 2418 current and may be conducted on a regional basis at the u= [= 19 discretion of the director;

.229100.2a -l 32i -a e r 20 [I.] J.

"law enforcement agency" means an agency a t m m 21 of the state or local political subdivision of the state that d r e 22 employs certified law enforcement officers or the police c e s k 23 department of a tribe that has entered into an agreement with e a n b 24 the department of public safety pursuant to Section 29-1-11 u [ NMSA 1978;

.231074.2 - 32 - SJC/SB 54 [J.] K.

e t 17 Sheriffs are eligible to attend the academy and are eligible w l n d 18 to receive certification as provided in the Law Enforcement = = 19 a l Training Act.

As used in this subsection, "commissioned" i a e r 20 means an employee of a law enforcement agency who is a t m m 21 authorized by a sheriff or chief of police to apprehend, d r e 22 arrest and bring before the court all violators within the c e st k17 23 law enforcement agency's jurisdiction;

and ew al n bd 2418 [K.] L.

"certified regional law enforcement u= [= 19 training facility" means a law enforcement training facility .229100.2a -l 33i -a e r 20 within the state certified by the director, with the approval a t m m 21 of the academy's board of directors, that offers basic law d r e 22 enforcement training and in-service law enforcement training c e s k 23 that is comparable to or exceeds the standards of the e a n b 24 programs of the academy." u [ SECTION 12.11.

A new section of the Law Enforcement .231074.2 - 33 - SJC/SB 54 Training Act is enacted to read:

In collaboration with the training academy division of the corrections department, the director shall create aregional training programprograms for a county detention officer,officers, subject to review and approval by the jail administrator.

e t 17 C.

Per diem, mileage and tuition expenses of a w l n d 18 county detention officer shall be paid for by the detention = = 19 a l and corrections workforce capacity building fund for i a e r 20 attending and completing the training.

a t m m 21 D.

As used in Subsection A of this section, "jail d r e 22t 17 administrator" means the person hired by a county or cw el sn kd 2318 municipality or a combination of these who supervises the e= a= n19 b 24 entire operation of the jail and reports directly to the ua [l i a e r 20 administrative head of the local governmental entity or local .229100.2a -t 34m -m 21 governing body." d r e 22 SECTION 13.12.

Section 29-7-7.5 NMSA 1978 (being Laws c e s k 23 2011, Chapter 180, Section 1) is amended to read:

e a n b 24 "29-7-7.5.

INTERACTION WITH PERSONS [WITH MENTAL u [ IMPAIRMENTS] INEXPERIENCING CRISIS--TRAINING.--A BEHAVIORAL HEALTH CRISIS-- .231074.2 - 34 - SJC/SB 54 TRAINING.-- A.

A minimum of forty hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons [with mental impairments] inexperiencing a behavioral health crisis training, shall be included in the curriculum of each basic law enforcement training class.

A minimum of [two] eightfour hours of crisis management, including crisis intervention, confrontation de- escalation practicum and proper interaction with persons [with mental impairments] inexperiencing a behavioral health crisis training, shall be included as a component of in-servicein- service law enforcement training pursuant to Section 29-7-7.1 NMSA 1978.

e t 17 C.

A pre-recorded course on crisis management, w l n d 18 including crisis intervention, confrontation de-escalation =e =t 1917 a l practicum and proper interaction with persons [with mental iw al en rd 2018 impairments] inexperiencing a behavioral health crisis = = 19 training, shall not satisfy the a t m m 21 requirements of the basic law enforcementa trainingl classi da e r e20 22enforcement training class required pursuant to Subsection A a t m m 21 of this section.

cd r e s22 k 23 D.

As used in this section, "[mental["mental impairment]impairment" c e s k 23 includes a] "behavioral health crisis" means a significant e a n b 24 crisis"disruption includesof a mental illness,or developmentalemotional disability,stability or functioning of u [ posttraumatica stressperson disorder,resulting dualin diagnosis,an autismurgent .229100.2need for immediate assessment .231074.2 - 35 - SJC/SB 54 and treatment to prevent a serious deterioration in the mental or physical health of the person and may include a mental [illness] health disorder, a developmental disability, posttraumatic stress disorder, dual diagnosis, autism spectrum disorder, substance use disorder, youth in crisiscrisis, and[and] a traumatic brain injury or a co-occurring disorder." SECTION 14.13.

"bail bond" is a contract between surety and the state to the effect that the accused and the surety will appear in court when required and will comply with all e t 17 conditions of the bond;

w l n d 18 C.

"defendant" means any person accused of a = = 19 violation of any law of this state imposing a criminal a l i a e r 20 penalty;

ea t 17m m 21 D.

"felony" means any crime so designated by law wd lr ne d22 18 or if upon conviction thereof a sentence of death or of =c =e 19s ak l23 imprisonment for a term of one year or more is authorized;

ie a en rb 2024 E.

"person", unless a contrary intention appears, au t[ m m 21 means any individual, estate, trust, receiver, cooperative d.231074.2 r- e36 22- SJC/SB 54 association, club, corporation, company, firm, partnership, c e s k 23 joint venture, syndicate or other entity;

e a n b 24 F.

"police officer", "law enforcement officer", u [ "peace officer" or "officer" means any full-time salaried or .229100.2 - 36 - certified part-time salaried officer who by virtue of office or public employment is vested by law with the duty to maintain the public peace;

"rules of civil procedure" means rules of e t 17 civil procedure for the district courts of the state of New w l n d 18 Mexico, as may be amended from time to time;

= = 19 J.

"rules of criminal procedure" means rules of a l i a e r 20 criminal procedure for the district courts, magistrate courts ea t 17m m 21 and municipal courts adopted by the New Mexico supreme court, wd lr ne d22 18 as may be amended from time to time;

=c =e 19s ak l23 K.

"misdemeanor" means any offense for which the ie a en rb 2024 authorized penalty upon conviction is imprisonment in excess au t[ m m 21 of six months but less than one year;

[and] d.231074.2 r- e37 22- SJC/SB 54 L.

"petty misdemeanor" means any offense so c e s k 23 designated by law or if upon conviction a sentence of e a n b 24 imprisonment for six months or less is authorized;

u [ M.

"mental illness" means a clinically .229100.2 - 37 - significant disorder of thought, mood, perception, orientation, memory or behavior that limits the capacity of a person to function in the primary aspects of daily living, including personal relations, living arrangements, employment and recreation.

"Mental illness" does not include other mental health disorders that result in diminished capacity, including epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or other substances or dependence upon or addiction to alcohol or other substances;

"substance use disorder" means a spectrum of persistent and recurring problematic behaviors that e t 17 encompasses various classes of drugs, alcohol and other w l n d 18 unknown substances leading to clinically significant disorder = = 19 or distress;

and a l i a e r 20 O.

"person"treatment" inmeans crisis"the meansbroad range of a persont withm mentalm 21 emergency, outpatient and residential care that may be d r e t22 17extended illnessto ora person with a substance use disorderdisorder, whomental isc experiencinge as wk l23 nillness dor 18co-occurring behavioraldisorders." healthe crisis;a n b 24 SECTION 14.

=A =new 19section aof lthe P.Criminal Procedure Act u [ is enacted to read:

"behavioral.231074.2 health- crisis"38 means- aSJC/SB significant54 i"[NEW aMATERIAL] eLAW rENFORCEMENT 20DEFLECTION disruptionPROGRAM-- ofAUTHORITY mentalAND orPROGRAM emotionalREQUIREMENTS.-- stabilityA. or functioning of a t m m 21 a person resulting in an urgent need for immediate assessment d r e 22 and treatment to prevent a serious deterioration in the c e s k 23 mental or physical health of a person;

eAny law enforcement agency, first responder entity or local government may establish a nlaw benforcement 24deflection Q.program pursuant to the provisions of this section, in partnership with one or more licensed providers of behavioral health services or substance use disorder treatment services.

"law enforcement deflection program" means a u [ collaborative program between law enforcement agencies and .229100.2 - 38 - behavioral health entities that assists individuals who may have a mental illness, substance use disorder, another behavioral health disorder or co-occurring disorders to create community-based pathways to treatment, recovery support services, housing, case management or other services in lieu of arrest;

R.

"treatment" means the broad range of emergency, outpatient and residential care that may be extended to a person with a substance use disorder, mental illness or co-occurring disorders;

S.

"mental health professional" means a person licensed to provide mental health care to patients in the state of New Mexico;

and T.

"validated risk and needs assessment" means an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors that, when e t 17 properly addressed, can reduce that person's likelihood of w l n d 18 committing future criminal behavior." = = 19 a l SECTION 15.

A new section of the Criminal Procedure Act i a e r 20 is enacted to read:

a t m m 21 "[NEW MATERIAL] LAW ENFORCEMENT DEFLECTION PROGRAM-- d r e 22 AUTHORITY AND PROGRAM REQUIREMENTS.-- c e s k 23 A.

Any law enforcement agency, first responder e a n b 24 entity or local government may establish a law enforcement u [ deflection program pursuant to the provisions of this .229100.2 - 39 - section, in partnership with one or more licensed providers of behavioral health services or substance use disorder treatment services.

e t 17 C.

Each law enforcement deflection program w l n d 18 established pursuant to this section shall include:

= = 19 (1) participant identification, screening or a l i a e r 20 assessment;

a t m m 21 (2) case management and treatment ed tr 17e 22 facilitation;

wc le ns dk 1823 (3) participant follow-up;

and =e =a 19n ab l24 (4) training for law enforcement, peace iu a[ e r 20 officers, first responders and treatment providers.

a.231074.2 t- m39 m- 21SJC/SB 54 D.

Each law enforcement deflection program shall d r e 22 track and report known data, including:

c e s k 23 (1) the number of program participants;

e a n b 24 (2) demographic information on participants;

u [ (3) the number of law enforcement encounters .229100.2 - 40 - that result in a treatment referral;

and (7) the number of subsequent law enforcement encounters for individuals referred to treatment."treatment. SECTION 16.

AE. new section of the Criminal Procedure Act is enacted to read:

"[NEWAs MATERIAL]used ENCOUNTERin OFthis Asection, PERSON"law INenforcement CRISIS.--deflection A.program" means a collaborative program between law e t 17 enforcement agencies and behavioral health entities that w l n d 18 assists individuals who may have a mental illness, substance = = 19 use disorder, another behavioral health disorder or co- a l i a e r 20 occurring disorders to create community-based pathways to a t m m 21 treatment, recovery support services, housing, case d r e 22 management or other services in lieu of arrest." c e s k 23 SECTION 15.

If a law enforcement officer or qualified mental health professional has probable cause to believe that an individual is experiencing a behavioral health crisis and requires nonmedical intervention, the law enforcement officer e t 17 may resolve the intervention without charges on a voluntary w l n d 18 basis by transferring the individual to:

= = 19 a l (1) a state licensed community treatment i a e r 20 provider, a hospital, a certified community behavioral a t m m 21 clinic, a crisis triage center, an approved treatment d r e 22 facility offering detoxification services for chemical c e s k 23 dependency emergencies, an emergency department or other e a n b 24 approved treatment provider that specializes in behavioral u [ health responses;

.229100.2 - 41 - (2) a crisis-intervention-team-certified law enforcement officer or a member of a mobile crisis team;

or (3) a public or private community service that the person is willing to accept.

B.

Each law enforcement agency in the state shall establish a policy and procedure for interacting with a person in crisis, including policies and procedures regarding the transfer of a person in crisis to a hospital, clinic or community treatment provider and subsequent steps for wraparound care.

C.

The department of public safety, in collaboration with the New Mexico law enforcement academy, shall establish guidelines and a training program to assist law enforcement agencies in implementing policies and procedures into the training program pursuant to Section 29-7-7.5 NMSA 1978.

e t 17 D.

As used in Subsection A of this section, w l n d 18 "nonmedical intervention" means a person alleged to be = = 19 a l severely mentally ill or experiencing a chemical dependency i a e r 20 emergency and in such condition that immediate intervention a t m m 21 is necessary for the protection from physical harm to self or d r e 22 others." c e s k 23 SECTION 17.

ELIGIBILITY.-- .229100.2.231074.2 - 4240 - SJC/SB 54 A.

= = 19 a l (4) whether available programs are a l i a e r 20 appropriate to the needs of the defendant;

.229100.2.231074.2 - 4341 - SJC/SB 54 [B.] C.

A decision by the district attorney not to divert a person to the preprosecution diversion program is not subject to appeal and shall not be raised as a defense to any prosecution or habitual offender proceeding." SECTION 18.16.

Each district court operating a = = 19 a l treatment court program shall establish its own eligibility a l i a e r 20 criteria and guidelines for the program.

u [ (1) entering an order deferring the .229100.2.231074.2 - 4442 - SJC/SB 54 imposition of sentence;

or w l n d 18 (2) the defendant may be terminated from the = = 19 a l program.

If the defendant is terminated, the participant a l i a e r 20 shall have the case placed on the calendar in the judicial a t m m 21 district from which the case originatedoriginated. and the statute of d r e 22 limitations shall be tolled the entire period the defendant c e s k 23 was participating in the program.

ed ar ne b22 24 D.

IfThe participationstatute inof thelimitations treatmentshall courtbe utolled [the programc occurse followings adjudicationk pursuant23 toentire Sectionperiod .229100.2 - 45 - 31-20-3 NMSA 1978, and the participantdefendant abideswas byparticipating allin the conditionsprogram. of the program, the court may:

e a n b 24 E.

If participation in the treatment court u [ program occurs following adjudication pursuant to Section .231074.2 - 43 - SJC/SB 54 31-20-3 NMSA 1978, and the participant abides by all the conditions of the program, the court may:

E.F.

If participation in the treatment court program occurs following adjudication pursuant to Section 31-20-3 NMSA 1978 and the participant fails to abide by the program conditions, the participant shall be subject to a violation of probation as provided in Section 31-21-14 or 31-21-15 NMSA 1978 and shall reappear before the participant's original sentencing judge." SECTION 19.17.

When a person has been convicted of a crime = = 19 a l for which a sentence of imprisonment is authorized and when a l i a e r 20 the magistrate, metropolitan or district court has deferred a t m m 21 or suspended sentence, it shall order the defendant to be d r e 22 placed on probation for all or some portion of the period of c e s k 23 deferment or suspension if the defendant is in need of e a n b 24 supervision, guidance or direction that is feasible for the u [ corrections department to furnish.

Except for sex offenders .229100.2.231074.2 - 4644 - SJC/SB 54 as provided in Section 31-20-5.2 NMSA 1978, the total period of probation for district court shall not exceed five years and the total period of probation for the magistrate or metropolitan courts shall be no longer than the maximum allowable incarceration time for the offense or as otherwise provided by law.

The magistrate, metropolitan or district court shallmay impose standardany probationspecial conditions necessary to athe successful rehabilitation of the defendant underon supervision pursuant to the results of a validated risk and needs assessment administered and scored by a person trained in the tool that arethe necessarycorrections department uses to maintainestablish publiclevel safety,of includingsupervision to:and individual case plans.

(1)After refrainadministering fromthe unlawfulvalidated conduct;risk and needs assessment, the probation officer responsible for the supervision of the defendant shall notify the magistrate, metropolitan or district court e t 17 of a necessary special condition responding to the w l n d 18 assessment.

(2)The notmagistrate, possess,metropolitan buy,or selldistrict orcourt own= = 19 shall modify the conditions of supervision and impose the a firearm,l ammunitioni ora othere dangerousr weapon;20 necessary special conditions pursuant to this section.

(3) report to a probationt officerm asm required21 andC. permit the officer to visit the home of the defendant;

The validated risk and eneeds tassessment 17d (4)r remaine in22 therequired jurisdictionunder ofthis thesection wshall lundergo nperiodic dvalidation 18c magistrate,e metropolitans ork district23 court,studies unlessin accordance with the =time =line 19established by the e a ln permissionb 24 developer of the probationtool. officer.

iThe corrections department shall u [ establish quality assurance procedures to ensure proper and .231074.2 - 45 - SJC/SB 54 consistent scoring of the validated risk and needs assessment as well as training for a eperson radministering 20the C.tool.

The[B.] magistrate,D. metropolitan or district court a t m m 21 may impose any special conditions necessary to the successful d r e 22 rehabilitation of the defendant on supervision pursuant to c e s k 23 the results of a validated risk and needs assessment e a n b 24 administered and scored by a person trained in the tool that u [ the corrections department uses to establish level of .229100.2 - 47 - supervision and individual case plans.

AfterIf administeringa thedefendant validatedis riskrequired andto needsserve assessment,a theperiod probation officer responsible for the supervision of theprobation defendantsubsequent shallto notifya theperiod magistrate, metropolitan or district court of aincarceration: necessary special condition responding to the assessment.

The(1) magistrate,the metropolitanperiod orof districtprobation court shall modifybe served subsequent to any required period of parole, with the conditionstime served on parole credited as time served on the period of supervisionprobation and imposethe conditions of probation imposed by the necessarycourt specialdeemed conditionsas pursuantadditional toconditions thisof section.parole;

D.and (2) in the event that the defendant violates any condition of that parole, the parole board shall cause [him] the defendant to be brought before it pursuant to the provisions of Section 31-21-14 NMSA 1978 and may make any disposition authorized pursuant to that section and, if parole is revoked, the period of parole served in the custody of a correctional facility shall not be credited as time e t 17 served on probation.

Thew validatedl riskn andd needs18 assessmentE. required under this section shall undergo periodic validation studies in accordance with the time line established by the developer of the tool.

TheAs correctionsused departmentin shallthis establishsection, quality"validated assurancerisk proceduresand = = 19 needs assessment" means an actuarial tool scientifically a l i a e r 20 proven to ensuredetermine propera person's risk to reoffend and consistentcriminal scoringa oft them validatedm 21 risk andfactors needsthat, assessmentwhen asproperly welladdressed, ascan trainingreduce forthat ad personr administeringe the22 tool.person's likelihood of committing future criminal behavior." c e s k 23 SECTION 18.

[B.]Section E.31-20-6 NMSA 1978 (being Laws 1963, e a n b 24 Chapter 303, Section 29-18, as amended) is amended to read:

Ifu a[ defendant"31-20-6. is required to serve a e t 17 period of probation subsequent to a period of incarceration:

wCONDITIONS lOF nORDER dDEFERRING 18OR (1)SUSPENDING the.231074.2 period- of46 probation- shallSJC/SB be54 servedSENTENCE.--The =magistrate, =metropolitan 19or adistrict lcourt subsequentshall attach to anyits requiredorder perioddeferring ofor parole,suspending withsentence thereasonable timeconditions ias ait emay rdeem 20necessary servedto onensure parolethat creditedthe asdefendant timewill servedobserve on the periodlaws of athe tUnited mStates m 21 probation and the conditionsvarious ofstates probationand imposed by the dordinances r e 22 court deemed as additional conditions of parole;any municipality.

andThe cdefendant eupon sconviction kshall 23be (2)required into thereimburse eventa thatlaw theenforcement defendantagency violatesor elocal acrime nstopper bprogram 24for anythe conditionamount of thatany parole,reward thepaid paroleby board shall cause u [ [him] the defendantagency toor beprogram broughtfor beforeinformation itleading pursuant to the .229100.2defendant's -arrest, 48prosecution -or provisionsconviction, ofbut Sectionin 31-21-14no NMSAevent 1978shall andreimbursement may make any disposition authorized pursuant to thatthe sectioncrime and,stopper ifprogram parolepreempt isrestitution revoked,to thevictims periodpursuant ofto parole served in the custodyprovisions of aSection correctional31-17-1 facilityNMSA shall1978. not be credited as time served on probation." SECTION 20.

SectionThe 31-20-6defendant NMSAupon 1978conviction (beingshall Lawsbe 1963,required Chapterto 303,pay Sectionthe 29-18,actual ascosts amended)of isthe amendeddefendant's supervised probation service to read:the adult probation and parole division of the corrections department or appropriate responsible agency for deposit to the e t 17 corrections department intensive supervision fund not w l n d 18 exceeding one thousand eight hundred dollars ($1,800) = = 19 annually to be paid in monthly installments of not less than a l i a e r 20 twenty-five dollars ($25.00) and not more than one hundred a t m m 21 fifty dollars ($150), as set by the appropriate district d r e 22 supervisor of the adult probation and parole division, based c e s k 23 upon the financial circumstances of the defendant.

"31-20-6.The e a n b 24 defendant's payment of the supervised probation costs shall u [ not be waived unless the court holds an evidentiary hearing .231074.2 - 47 - SJC/SB 54 and finds that the defendant is unable to pay the costs.

CONDITIONS OF ORDER DEFERRING OR SUSPENDING SENTENCE.--The magistrate, metropolitan or district court shall attach to its order deferring or suspending sentence reasonable conditions as it may deem necessary to ensure that the defendant will observe the laws of the United States and the various states and the ordinances of any municipality.

The defendant upon conviction shall be required to reimburse a law enforcement agency or local crime stopper program for the amount of any reward paid by the agency or program for e t 17 information leading to the defendant's arrest, prosecution or w l n d 18 conviction, but in no event shall reimbursement to the crime = = 19 a l stopper program preempt restitution to victims pursuant to i a e r 20 the provisions of Section 31-17-1 NMSA 1978.

The defendant a t m m 21 upon conviction shall be required to pay the actual costs of d r e 22 the defendant's supervised probation service to the adult c e s k 23 probation and parole division of the corrections department e a n b 24 or appropriate responsible agency for deposit to the u [ corrections department intensive supervision fund not .229100.2 - 49 - exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant.

The defendant's payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs.

The court may also require e t 17 the defendant to:

w l n d 18 A.

provide for the support of persons for whose = = 19 a l support the defendant is legally responsible;

i a e r 20 B.

undergo available medical or psychiatric a t m m 21 treatment and enter and remain in a specified institution d r e 22 when required for that purpose;

c e s k 23 C.

be placed on probation under the supervision, e a n b 24 guidance or direction of the adult probation and parole ue [t 17 division for a term not to exceed five years;

.229100.2w -l 50n -d 18 D.

serve a period of time in volunteer labor to = = 19 be known as "community service".

The type of labor and a l i a e r 20 period of service shall be at the sole discretion of the a t m m 21 court;

provided that a person receiving community service d r e 22 shall be immune from any civil liability other than gross[gross] c e s k 23 negligence arising out of the community service, and a person e a n b 24 who performs community service pursuant to court order or a u [ criminal diversion program shall not be entitled to wages, .231074.2 - 48 - SJC/SB 54 shall not be considered an employee and shall not be entitled to workers' compensation, unemployment benefits or any other benefits otherwise provided by law.

make a contribution of not less than ten dollars ($10.00) and not more than one hundred dollars e t 17 ($100), to be paid in monthly installments of not less than w l n d 18 five dollars ($5.00), to a local crime stopper program, a = = 19 a l local domestic violence prevention or treatment program or a i a e r 20 local drug abuse resistance education program that operates a t m m 21 in the territorial jurisdiction of the court;

[and] d r e 22 F.

participate and complete to the satisfaction c e s k 23 of the court an alternative program, treatment or activity e a n b 24 deemed appropriate by the court, including a treatment court ue [t 17 program;

and .229100.2w -l 51n -d 18 [F.] G.

satisfy any other conditions reasonably = = 19 related to the defendant's rehabilitation." a l i a e r 20 SECTION 21.19.

Section 31-20-1331-21-9 NMSA 1978 (being Laws 1993,1972, Chaptera 283,t Sectionm 2,m as21 amended)Chapter 71, Section 17) is amended to read:

"31-20-13.d r e 22 "31-21-9.

CONDITIONALPRESENTENCE DISCHARGEAND ORDER--EXCEPTION.--PRERELEASE INVESTIGATIONS.-- c e s k 23 A.

WhenUpon athe personorder who has not been previously convicted of aany felonydistrict, offensemetropolitan ise found guilty of a crimen forb which24 a deferred or suspendedmagistrate sentencecourt, is authorized, the courtdirector may,shall withoutprepare enteringa anpresentence adjudicationu of[ guilt,report enter[which] athat conditionalshall dischargeinclude ordersuch andinformation placeas the person.231074.2 on- probation49 on- termsSJC/SB and54 conditionscourt authorizedmay byrequest. Sections 31-20-5 and 31-20-6 NMSA 1978.

A conditional discharge order may only be made available once with respect to any person.

If the person violates any of the conditions of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.

e t 17 C.

The court shall not enter a conditional w l n d 18 discharge order for a person found guilty of driving a motor = = 19 a l vehicle while under the influence of intoxicating liquor or i a e r 20 drugs pursuant to the provisions of Section 66-8-102 NMSA a t m m 21 1978, unless five years or more have elapsed since the date d r e 22 of conviction for driving a motor vehicle while under the c e s k 23 influence of intoxicating liquor or a drug offense." e a n b 24 SECTION 22.

Section 31-21-9 NMSA 1978 (being Laws 1972, u [ Chapter 71, Section 17) is amended to read:

.229100.2 - 52 - "31-21-9.

PRESENTENCE AND PRERELEASE INVESTIGATIONS.-- A.

Upon the order of any district, metropolitan or magistrate court, the director shall prepare a presentence report [which] that shall include such information as the court may request.

B.

All local and state law enforcement agencies e t 17 shall furnish to the director any requested criminal records.

w l n d 18 D.

Upon the order of a district, metropolitan or = = 19 a l magistrate court, the director shall prepare a presentence or i a e r 20 prerelease report containing the results of an evaluation or ae t m17 m 21 assessment conducted pursuant to Sections 31-21-3 through dw rl en 22d 18 31-21-19 and 31-21-21 NMSA 1978 or a validated risk and needs c= e= s19 k 23 assessment used to make decisions regarding treatment, ea l i a ne br 2420 program eligibility, facility placement or level of ua [t supervision."m .229100.2m -21 53supervision. - SECTION 23.

d r e 22 E.

As used in this section, "validated risk and c e s k 23 needs assessment" means an actuarial tool scientifically e a n b 24 proven to determine a person's risk to reoffend and criminal u [ risk factors that, when properly addressed, can reduce that .231074.2 - 50 - SJC/SB 54 person's likelihood of committing future criminal behavior." SECTION 20.

The court shall transmit to the board and to the e t 17 probationer a copy of any order.

ew tl 17n d 18 B.

The board, in consultation with the director, w= l= n19 d 18 may impose a special condition necessary to the successful =a =l 19i a le r 20 rehabilitation of the person and may follow the validated i a et rm 20m 21 risk and needs assessment procedure."procedure. a t m m 21 SECTION 24.

Section 31-30-4 NMSA 1978 (being Laws 2022, d r e 22 ChapterC. 56, Section 41) is amended to read:

As used in this section, "validated risk and c e s k 23 "31-30-4.needs assessment" means an actuarial tool scientifically e a n b 24 proven to determine a person's risk to reoffend and criminal u [ risk factors that, when properly addressed, can reduce that .231074.2 - 51 - SJC/SB 54 person's likelihood of committing future criminal behavior." SECTION 21.

VIOLENCESection INTERVENTION31-30-4 PROGRAMNMSA e1978 a(being nLaws b2022, 24Chapter REQUIREMENTS.--A56, violenceSection intervention41) programis shall:amended to read:

u"31-30-4. [ A.

useVIOLENCE anINTERVENTION evidence-PROGRAM orREQUIREMENTS.--A research-based public .229100.2 - 54 - health approach to reduce gun violence andintervention aggravatedprogram assaults;shall:

A.

use an evidence- or research-based public health approach to reduce gun violence and aggravated assaults;

use data-driven methods for program e t 17 development;

[and] w l n d 18 E.

use program funding in a manner that is = = 19 directly related to the reduction of gun violence and a l i a e r 20 aggravated assaults;

a t m m 21 F.

use crime mapping to utilize crime data to d r e 22 interrupt and deter violence by identifying and targeting a c e ts 17k 23 person, group and locations where violence is concentrated;

we la n db 1824 G.

partner with the crime victims reparation =u =[ 19 a l commission to identify opportunities to better support i.231074.2 a- e52 r- 20SJC/SB 54 victims of violence and ensure the privacy of victims and a t m m 21 survivors;

and d r e 22 H.

comply with all reporting requirements c e s k 23 pursuant to Section 29-3-11 NMSA 1978 and Paragraph (16)(15) of e a n b 24 Subsection D of Section 9-3-10 NMSA 1978." u [ SECTION 25.22.

Section 31-30-9 NMSA 1978 (being Laws 2022, .229100.2 - 55 - Chapter 56, Section 46) is amended to read:

e t 17 B.

Each year through [2027] 2030, the department w l n d 18 and the commission shall report to the legislature by = = 19 December 1 regarding the awards and outcomes of each a l i a e r 20 grantee." a t m m 21 SECTION 26.23.

Section 34-13-2 NMSA 1978 (being Laws 1993, d r e 22 Chapter 273, Section 2, as amended) is amended to read:

c e ts 17k 23 "34-13-2.

COURT EDUCATION SERVICES DIVISION--PURPOSE.-- we la n db 1824 The court education services division of the administrative =u =[ 19 a l office of the courts shall provide judicial education, i.231074.2 a- e53 r- 20SJC/SB 54 training and instruction for the justices, judges, a t m m 21 magistrates and court personnel of the state, municipalities d r e 22 and counties and may provide such education for tribal c e s k 23 judges.

The training shall include continuing education on e a n b 24 substance use disorders, mental health conditions and co- u [ occurring disorders upon assuming office or employment and .229100.2 - 56 - quadrennially thereafter." SECTION 27.24.

[NEWSection MATERIAL]43-1-3 JAILNMSA REENTRY1978 FUND.--The(being "jailLaws reentry1977, fund"Chapter is279, createdSection 2, as aamended) nonrevertingis fundamended into theread: state treasury.

The"43-1-3. fund consists of appropriations, gifts, grants and donations.

TheDEFINITIONS.--As healthused care authority shall administer the fund, and money in the fundMental isHealth appropriated to the health care authority to assist all counties that operate correctional facilities to access the reach, intervene, support and engageDevelopmental programDisabilities toCode: support successful reentry for a person released from jail.

DisbursementsA. from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of health care authority or the secretary's authorized representative." SECTION 28.

[NEW"aversive MATERIAL]stimuli" CLINICALmeans SUPERVISIONanything FUND.--that, Thebecause "clinicalit supervisionis fund"believed to be unreasonably unpleasant, uncomfortable or distasteful to the client, is createdadministered asor done to the client for the purpose of reducing the frequency of a nonrevertingbehavior, but does not include verbal e t 17 fundtherapies, inphysical therestrictions stateto treasury.prevent imminent harm to w l n d 18 self or others or psychotropic medications that are not used = = 19 for purposes of punishment;

Thea fund consists of w l ni da 18e appropriations,r gifts,20 grantsB. and donations.

The"client" regulationmeans =a =patient 19who is requesting or a lt andm licensingm department21 shallreceiving administermental thehealth fund,services andor moneyany iperson arequesting eor d r 20e in22 thereceiving funddevelopmental disabilities services or who is appropriatedc toe thes regulationk and23 licensingpresent in a tmental mhealth mor 21developmental departmentdisabilities toe subsidizea n b 24 facility for the costpurpose of clinicalreceiving supervisionsuch dservices ror ewho 22u provided[ byhas behavioralbeen placed in a mental health providers.or developmental .231074.2 - 54 - SJC/SB 54 disabilities facility by the person's parent or guardian or by any court order;

ToC. be eligible for c e s k 23 clinical supervision reimbursement, a behavioral health e a n b 24 provider must be fully licensed and in good standing with all u [ state obligations, include medicaid as an accepted insurer .229100.2 - 57 - and accept justice-involved clients.

Disbursements"code" frommeans the fundMental shallHealth be made by warrant of the secretary of finance and administrationDevelopmental pursuantDisabilities toCode; vouchers signed by the superintendent of regulation and licensing or the superintendent's authorized representative." SECTION 29.

D.

"consistent with the least drastic means principle" means that the habilitation or treatment and the conditions of habilitation or treatment for the client, separately and in combination:

(1) are no more harsh, hazardous or intrusive than necessary to achieve acceptable treatment objectives for the client;

(2) involve no restrictions on physical movement and no requirement for residential care except as reasonably necessary for the administration of treatment or for the protection of the client or others from physical injury;

and e t 17 (3) are conducted at the suitable available w l n d 18 facility close to the client's place of residence;

= = 19 E.

"convulsive treatment" means any form of a l i a e r 20 mental health treatment that depends upon creation of a a t m m 21 convulsion by any means, including electroconvulsive d r e 22 treatment and insulin coma treatment;

c e s k 23 F.

"court" means a district court of New Mexico;

e a n b 24 G.

"crisis triage center" means a health facility u [ that:

.231074.2 - 55 - SJC/SB 54 (1) is licensed by the health care authority;

and (2) provides stabilization of behavioral health crises and may include residential and nonresidential stabilization;

H.

"department" or "division" means the behavioral health services division of the health care authority;

I.

"developmental or intellectual disability" means a severe chronic disability attributable to significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior, cerebral palsy, autism or neurological dysfunction that requires similar treatment or habilitation;

J.

"evaluation facility" means a community mental health or developmental disability program, a crisis triage e t 17 center or a medical facility that has psychiatric or w l n d 18 developmental or intellectual disability services available, = = 19 including the New Mexico behavioral health institute at Las a l i a e r 20 Vegas, or, if none of those is reasonably available or a t m m 21 appropriate, the office of a physician or a certified d r e 22 psychologist that is capable of performing a mental status c e s k 23 examination adequate to determine the need for involuntary e a n b 24 treatment;

u [ K.

"experimental treatment" means any mental .231074.2 - 56 - SJC/SB 54 health or developmental disabilities treatment that presents significant risk of physical harm, but does not include accepted treatment used in competent practice of medicine and psychology and supported by scientifically acceptable studies;

L.

"grave passive neglect" means failure to provide for basic personal or medical needs or for one's own safety to such an extent that it is more likely than not that serious bodily harm will result in the near future;

M.

"habilitation" means the process by which professional persons and their staff assist a client with a developmental or an intellectual disability in acquiring and maintaining those skills and behaviors that enable the person to cope more effectively with the demands of the person's self and environment and to raise the level of the person's physical, mental and social efficiency.

"Habilitation" e t 17 includes but is not limited to programs of formal, structured w l n d 18 education and treatment;

= = 19 N.

"likelihood of serious harm to oneself" means a l i a e r 20 that it is more likely than not that in the near future the a t m m 21 person will attempt to commit suicide or will cause serious d r e 22 bodily harm to the person's self by violent or other self- c e s k 23 destructive means, including grave passive neglect;

e a n b 24 O.

"likelihood of serious harm to others" means u [ that it is more likely than not that in the near future a .231074.2 - 57 - SJC/SB 54 person will inflict serious, unjustified bodily harm on another person or commit a criminal sexual offense, as evidenced by behavior causing, attempting or threatening such harm, which behavior gives rise to a reasonable fear of such harm from the person;

P.

"mental health disorder" means substantial disorder of a person's emotional processes, thought or cognition that grossly impairs judgment, behavior or capacity to recognize reality, but does not mean developmental or intellectual disability;

Q.

"mental health or developmental or intellectual disabilities professional" means a physician or other professional who by training or experience is qualified to work with persons with a mental health disorder or a developmental or intellectual disability;

R.

"physician" or "certified psychologist", when e t 17 used for the purpose of hospital admittance or discharge, w l n d 18 means a physician or certified psychologist who has been = = 19 granted admitting privileges at a hospital licensed by the a l i a e r 20 health care authority, if such privileges are required;

a t m m 21 S.

"protected health information" means d r e 22 individually identifiable health information transmitted by c e s k 23 or maintained in an electronic form or any other form or e a n b 24 media that relates to the:

u [ (1) past, present or future physical or .231074.2 - 58 - SJC/SB 54 mental health or condition of a person;

(2) provision of health care to a person;

or (3) payment for the provision of health care to a person;

T.

"psychosurgery":

(1) means those operations currently referred to as lobotomy, psychiatric surgery and behavioral surgery and all other forms of brain surgery if the surgery is performed for the purpose of the following:

(a) modification or control of thoughts, feelings, actions or behavior rather than the treatment of a known and diagnosed physical disease of the brain;

(b) treatment of abnormal brain function or normal brain tissue in order to control thoughts, feelings, actions or behavior;

or e t 17 (c) treatment of abnormal brain w l n d 18 function or abnormal brain tissue in order to modify = = 19 thoughts, feelings, actions or behavior when the abnormality a l i a e r 20 is not an established cause for those thoughts, feelings, a t m m 21 actions or behavior;

and d r e 22 (2) does not include prefrontal sonic c e s k 23 treatment in which there is no destruction of brain tissue;

e a n b 24 U.

"qualified mental health professional licensed u [ for independent practice" means an independent social worker, .231074.2 - 59 - SJC/SB 54 a licensed professional clinical mental health counselor, a marriage and family therapist, a certified nurse practitioner, a clinical nurse specialist with a specialty in mental health or a licensed art therapist, all of whom by training and experience are qualified to work with persons with a mental disorder;

V.

"residential treatment or habilitation program" means diagnosis, evaluation, care, treatment or habilitation rendered inside or on the premises of a mental health or developmental disabilities facility, hospital, clinic, institution or supervisory residence or nursing home when the client resides on the premises;

and W.

"treatment" means any effort to accomplish a significant change in the mental or emotional condition or behavior of the client." SECTION 25.

Section 43-1-10 NMSA 1978 (being Laws 1977, e t 17 Chapter 279, Section 9, as amended) is amended to read:

w l n d 18 "43-1-10.

EMERGENCY MENTAL HEALTH EVALUATION AND = = 19 CARE AND INTERACTIONS WITH PERSONS EXPERIENCING A BEHAVIORAL a l i a e r 20 HEALTH CRISIS.-- a t m m 21 A.

A peace officer may detain and transport a d r e 22 person for emergency mental health evaluation and care in the c e s k 23 absence of a legally valid order from the court only if:

e a n b 24 (1) the person is otherwise subject to u [ lawful arrest;