SENATE BILL 620
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Richard C. Martinez
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; PROVIDING REPORTING REQUIREMENTS; 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 person charged with a nonviolent drug offense 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 those persons charged with nonviolent drug offenses to substance abuse treatment programs; and
D. community health and safety will be enhanced and taxpayer dollars will be saved if those persons charged with nonviolent drug offenses are referred to substance abuse treatment programs instead of being prosecuted and incarcerated.
Section 3. DEFINITION--SUBSTANCE ABUSE TREATMENT PROGRAM.--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 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. STAY OF CRIMINAL PROCEEDINGS--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 charged with a violation of Section 30-31-23 NMSA 1978, the court shall, with the consent of the person, stay all further criminal proceedings and refer the person to a substance abuse treatment program upon reasonable conditions as the court may prescribe. The period of treatment shall not exceed one year and the court shall not order incarceration of the person as a condition of participation in a substance abuse treatment program.
B. Upon violation of the terms and conditions of participation in a substance abuse treatment program, the court may reinstate criminal proceedings against the person and proceed as otherwise provided. 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.
C. If during the period of the person's participation in a substance abuse treatment program the person does not violate any of the conditions for participation in the program, upon expiration of the period, the court shall dismiss the proceedings against the person.
D. Upon the 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 person's arrest, indictment or information, finding of guilty and dismissal pursuant to this section, except nonpublic records filed with the attorney general. If the court determines, after a hearing, that the proceedings against the person were dismissed, 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 the person 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 the person's failure to recite or acknowledge the arrest, indictment or information in response to any inquiry made of the person for any purpose.
E. Notwithstanding the provisions of Subsection A of this section, a court may elect not to refer a person subject to the provisions of the Substance Abuse and Crime Prevention Act to a substance abuse treatment program if:
(1) the person has been convicted of a violent felony within three years of being charged with a violation of Section 30-31-23 NMSA 1978;
(2) the person has been sentenced to a term of incarceration that would prevent the person from participating in a substance abuse treatment program; or
(3) in the same proceeding that includes the charge against the person for a violation of Section 30-31-23 NMSA 1978, the person has been convicted of or has pending charges for:
(a) any other felony offense; or
(b) driving a motor vehicle while under the influence of intoxicating liquor or drugs pursuant to Section 66-8-102 NMSA 1978.
Section 5. SUBSTANCE ABUSE PROGRAMS--INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE--REPORTING REQUIREMENTS.--
A. The interagency behavioral health purchasing collaborative shall provide a written report no later than October 31, 2007 and every October 31 annually thereafter, to the appropriate interim legislative committee, all New Mexico criminal court judges, the administrative office of the district attorneys and the chief public defender. The report shall evaluate:
(1) the fiscal, health and public safety impacts of courts referring persons to substance abuse treatment programs pursuant to the Substance Abuse and Crime Prevention Act; and
(2) changes in behavioral health infrastructure, illicit drug overdose rates, drug-related incarceration costs, drug-related crime rates, drug offender recidivism, prison and jail construction and health services and public assistance attributable to referring persons to substance abuse treatment programs pursuant to the Substance Abuse and Crime Prevention Act.
B. The interagency behavioral health purchasing collaborative may contract with public or private agencies for production of the report.
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 3 and 5 of this act is July 1, 2007.
B. The effective date of the provisions of Sections 4 and 6 of this act is January 1, 2008.
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