46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CONTROLLED SUBSTANCES; ENACTING THE SUBSTANCE ABUSE AND CRIME PREVENTION ACT; PROVIDING SUBSTANCE ABUSE TREATMENT FOR CERTAIN SUBSTANCE ABUSE OFFENDERS; REPEALING A SECTION OF THE CONTROLLED SUBSTANCES ACT.

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. LEGISLATIVE FINDINGS.--The legislature finds that:

A. substance abuse treatment is a proven public safety and health measure. A nonviolent drug offender who receives appropriate substance abuse treatment will be less likely to abuse drugs and commit future crimes and will be more likely to live a healthy, stable and productive life;

B. public safety will be enhanced by reducing drug- related crime and by preserving jail and prison facilities for violent offenders;

C. public health will be improved by reducing drug abuse and drug dependence by referring nonviolent drug offenders to substance abuse treatment programs; and

D. community health and safety will be enhanced and taxpayer dollars will be saved if nonviolent drug offenders are referred to substance abuse treatment programs instead of being incarcerated.

Section 3. DEFINITION.--As used in the Substance Abuse and Crime Prevention Act, "substance abuse treatment program" means a licensed or certified community substance abuse treatment program, including outpatient treatment programs, halfway house treatment programs, day treatment programs, narcotics replacement therapy programs, drug court programs, drug education courses, drug prevention courses, limited inpatient treatment programs, residential drug treatment programs or detoxification programs. "Substance abuse treatment program" does not include drug treatment programs offered in prison or jail facilities.

Section 4. SUBSTANCE ABUSE TREATMENT PROGRAMS--DEPARTMENT OF HEALTH REVIEW.--

A. The department of health shall review and assess substance abuse treatment funding appropriated to it pursuant to the provisions of Laws 2001, Chapter 330. The department shall review expenditures to date and review the recommendations of the July 15, 2002 report entitled Behavioral Health Needs and Gaps in New Mexico in order to implement the findings set forth in the Substance Abuse and Crime Prevention Act.

B. Prior to September 1, 2003, the department of health shall provide the legislative finance committee with a report regarding its review of substance abuse treatment funding, a plan for increasing the capacity of substance abuse treatment programs and, if necessary, recommendations for legislation to be introduced during the second session of the forty-sixth legislature.

Section 5. CONDITIONAL DISCHARGE--TREATMENT REQUIRED.--

A. If a person has not previously been convicted or has previously been convicted once pursuant to the provisions of Section 30-31-23 NMSA 1978 and is found guilty of a violation of Section 30-31-23 NMSA 1978, after trial or upon a plea of guilty the court shall, without entering a judgment of guilty and with the consent of the person, defer further proceedings and place the person on probation upon reasonable conditions and for a period, not to exceed one year, as the court may prescribe. The conditions of probation may include a referral to an appropriate substance abuse treatment program.

B. Upon violation of a condition of probation, the court may enter an adjudication of guilty and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against the person and discharge the person from probation before the expiration of the maximum period prescribed for the person's probation.

C. If during the period of probation the person does not violate any of the conditions of the probation, upon expiration of the period the court shall discharge the person and dismiss the proceedings against him. A discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

D. Upon the dismissal of a person and discharge of the proceedings against the person pursuant to this section, the person, if he was not over eighteen years of age at the time of the offense, may apply to the court for an order to expunge the records relating to his arrest, indictment or information, trial, finding or plea of guilty and dismissal and discharge pursuant to this section, except nonpublic records filed with the attorney general. If the court determines, after a hearing, that the person was dismissed and the proceedings against him discharged and that he was not over eighteen years of age at the time of the offense, it shall enter the order. The effect of the order shall be to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. A person in whose behalf an order has been entered shall not subsequently be found guilty of perjury or giving a false statement due to his failure to recite or acknowledge the arrest, indictment, information or trial in response to any inquiry made of him for any purpose.

E. Notwithstanding the provisions of Subsection A of this section, a court may elect not to refer an offender to probation or to a substance abuse treatment program if:

(1) the offender has been convicted of a violent felony within three years of the offender's commission of the instant offense;

(2) the offender has been sentenced to a term of incarceration that would prevent the offender from participating in a substance abuse treatment program; or

(3) in the same proceeding that includes the instant offense for a violation of Section 30-31-23 NMSA 1978, the offender has been convicted of or has pending charges for:

(a) any other felony offense; or

(b) driving while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-102 NMSA 1978.

Section 6. REPEAL.--Section 30-31-28 NMSA 1978 (being Laws 1972, Chapter 84, Section 28) is repealed.

Section 7. EFFECTIVE DATES.--

A. The effective date of the provisions of Sections 1 through 4 of this act is July 1, 2003.

B. The effective date of the provisions of Sections 5 and 6 of this act is January 1, 2004.