HOUSE BILL 341

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

William "Bill" R. Rehm and Reena Szczepanski and Gail Armstrong and Bill Tallman

AN ACT

RELATING TO CRIMINAL PROCEDURE; REQUIRING COURTS TO ORDER DRUG, ALCOHOL OR MENTAL HEALTH TREATMENT IN CERTAIN CIRCUMSTANCES.

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

     SECTION 1. A new section of Chapter 31 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] EVALUATION AND TREATMENT FOR SUBSTANCE ABUSE OR MENTAL HEALTH.--

          A. Whenever, during the pendency of a criminal case or after a conviction, it appears that the defendant may require drug, alcohol or mental health treatment, the court shall refer the defendant for an evaluation. If the evaluation recommends that the defendant receive or finds that the defendant requires drug, alcohol or mental health treatment, the court shall order that the defendant participate in that treatment for the pendency of the case or any period of probation.

          B. As used in this section, "court" includes the district court, children's court, family court, drug court, magistrate court and metropolitan court."

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