HOUSE BILL 178

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Antonio "Moe" Maestas

AN ACT

RELATING TO CONTROLLED SUBSTANCES; ENACTING THE SUBSTANCE ABUSE AND CRIME PREVENTION ACT; PROVIDING SUBSTANCE ABUSE TREATMENT FOR PERSONS CHARGED WITH CERTAIN SUBSTANCE ABUSE OFFENSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Substance Abuse and Crime Prevention Act".

     Section 2. DEFINITIONS.--As used in the Substance Abuse and Crime Prevention Act:

          A. "qualified treatment professional" means a person with specialized knowledge, skill, experience, training or education in the area of psychology, psychiatry or addiction therapy and who has the expertise to conduct the addiction and life skills assessment necessary to determine a person's suitability to one or more forms of treatment, including medication-assisted therapy, and to recommend an appropriate treatment plan; and

          B. "substance abuse treatment program" means a licensed or certified community substance abuse treatment program, including an outpatient treatment program, halfway house treatment program, day treatment program, veterans treatment program, medication-assisted therapy program, drug education course, drug prevention course, limited inpatient treatment program or residential drug treatment program. "Substance abuse treatment program" does not include drug treatment programs offered in prison or jail facilities.

     Section 3. STAY OF CRIMINAL PROCEEDINGS--SUBSTANCE ABUSE TREATMENT OPTION.--

          A. If a person is charged with a misdemeanor in magistrate or metropolitan court or a felony in district court for a violation of Subsection A, B, C or D of Section 30-31-23 NMSA 1978, the court may, with the consent of the person, including a written statement signed by the person waiving the time limits for commencement of trial pursuant to court rules, stay all further proceedings with respect to the charge and order an assessment of the person by a qualified treatment professional for the purpose of determining the person's addiction severity, need for treatment and the types of drug treatment and social services that might be appropriate for the person. The assessment shall also include recommendations for an appropriate treatment plan. After receipt of the assessment, the court may refer the person to a substance abuse treatment program upon such reasonable conditions, consistent with the treatment plan, as the court may prescribe. The period of treatment shall not exceed eighteen months, and the court shall not order incarceration of the person as a condition of participation in a substance abuse treatment program. This subsection does not apply to a person entering a drug court program.

          B. Upon violation of the terms and conditions of participation in a substance abuse treatment program, the court may allow reinstatement of the criminal proceedings against the person and the state may proceed as otherwise provided.

          C. If the person successfully completes the substance abuse treatment program, the court shall dismiss with prejudice the proceedings against the person. The court may, in its discretion, dismiss the proceedings against the person before the expiration of the maximum period prescribed for the person's participation in the substance abuse treatment program.

          D. Upon dismissal of the proceedings against the person pursuant to this section, the person may apply to the court for an order to seal the records relating to the criminal complaint, information or indictment and dismissal pursuant to this section. If the court determines, after a hearing, that the proceedings against the person were dismissed, it shall enter the order sealing the records; provided that the order is consistent with federal law. The effect of the order shall be to restore the person, in the contemplation of the law, to the status the person occupied before the criminal complaint, information or indictment. A person on whose behalf an order sealing the records has been entered shall not subsequently be found guilty of perjury or giving a false statement in response to any inquiry made of the person for any purpose due to the person's failure to acknowledge the arrest, information or indictment arising from an alleged violation of Subsection A, B, C or D of Section 30-31-23 NMSA 1978.

     Section 4. PROBATION AND PAROLE VIOLATIONS--SUBSTANCE ABUSE TREATMENT OPTION.--If a person is charged with a violation of the conditions of probation or parole due to the possession or use of a controlled substance, the court or the parole board may stay the probation or parole revocation proceeding and order an assessment and referral in accordance with Section 3 of the Substance Abuse and Crime Prevention Act.

     Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.

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