SENATE BILL 405

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Linda M. López

AN ACT

RELATING TO BEHAVIORAL HEALTH; CREATING THE BIPARTISAN BLUE RIBBON BEHAVIORAL HEALTH STATUTORY REVIEW COMMITTEE AND THE CRIMINAL JUSTICE POLICY COLLABORATIVE TASK FORCE; PROVIDING FOR THE COMMITTEE'S MEMBERSHIP AND DUTIES; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] BIPARTISAN BLUE RIBBON BEHAVIORAL HEALTH STATUTORY REVIEW COMMITTEE CREATED--MEMBERSHIP--APPOINTMENT--DUTIES.--

          A. The "bipartisan blue ribbon behavioral health statutory review committee" is created and shall function from the date of its appointment until June 30, 2027.

          B. The committee shall consist of subject matter experts appointed by the New Mexico legislative council. Committee members shall be adept at evaluating current New Mexico policies and practices for recommendations and enhancements to ensure that marginalized populations receive appropriate behavioral health care and support. The committee shall appoint a "criminal justice policy collaborative task force" that includes four representatives from each of the judicial districts in New Mexico, two active district attorneys and two active public defenders to advise the committee regarding criminal-justice-involved practices needing improvement in their respective judicial districts. These recommendations shall also be based on successful, well- established treatment law, policies and programs currently in law in other states.

          C. The committee shall elect a chair and such other officers as it deems necessary to carry out its duties. The committee shall meet at the call of the chair as necessary to carry out its duties, but no less than twice a month. The first meeting shall be held no later than July 1, 2025.

          D. The committee shall propose statewide policies and practices for trauma-informed adult, young adult and juvenile treatment court programs. The committee's policy recommendations shall address both addiction and mental health treatment using assisted outpatient treatment and longer term comprehensive inpatient care best practices.

          E. The committee shall develop recommendations for reform of New Mexico's behavioral health laws. To carry out this task, the committee shall examine New Mexico's behavioral health laws, identify strengths and deficiencies and consider a broad range of improvements that could be made to modernize the behavioral health system. The committee shall submit a report of its findings, including specific recommendations and proposed legislation, to the governor, the appropriate interim legislative committees and the supreme court commission on mental health no later than October 1, 2026.

          F. The committee shall hire or contract for expert staff who are well-versed and have previous successful experience working with legislators on behavioral treatment law reform. Staff shall assist the committee as directed by the chair, including conducting interviews with parties that wish to express their views to the committee and synthesizing this information for the committee. The committee may request assistance from the legislative council service.

          G. A majority of the members appointed to the committee constitutes a quorum for the transaction of business. The support of a majority of the members appointed is required for adoption of any recommendation of the committee.

          H. Members of the committee and the criminal justice policy collaborative task force who are not public employees are entitled to per diem and mileage as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance.

     SECTION 2. APPROPRIATION.--Three hundred thousand dollars ($300,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal years 2026 and 2027 to carry out the provisions of this act, including staff salaries and reimbursement of the per diem and mileage expenses of the bipartisan blue ribbon behavioral health statutory review committee and the criminal justice policy collaborative task force. Any unexpended or unencumbered balance remaining at the end of fiscal year 2027 shall revert to the general fund.

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