SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE JOINT MEMORIAL 31

50th legislature - STATE OF NEW MEXICO - second session, 2012

A JOINT MEMORIAL

REQUESTING THE BERNALILLO COUNTY BOARD OF COUNTY COMMISSIONERS TO CREATE A PILOT PROJECT TO STREAMLINE CASE MANAGEMENT SYSTEMS, ESTABLISH AN ALTERNATIVE INCARCERATION FACILITY AND CREATE TREATMENT OPTIONS AND ALTERNATIVE INCARCERATION, TRANSITIONAL LIVING AND REINTEGRATION PROGRAMS FOR QUALIFIED INDIVIDUALS; REQUESTING THE NEW MEXICO SENTENCING COMMISSION TO ASSIST AND ADVISE THE BERNALILLO COUNTY BOARD OF COUNTY COMMISSIONERS AND TO STUDY THE EFFECTS OF THE PILOT PROJECT.

     WHEREAS, New Mexico law requires that county jails be used for the detention of every person who is charged with or has been sentenced for a crime; and

     WHEREAS, the shortage of treatment options and lack of alternative incarceration programs and transitional living and reintegration programs cause individuals facing criminal charges or probation violations to remain incarcerated longer; and

     WHEREAS, a study released in March 2005 found that it costs counties an estimated thirty million dollars ($30,000,000) to house felony arrestees; and

     WHEREAS, the Bernalillo county metropolitan detention center has significantly exceeded its intended capacity for a number of years despite efforts to reduce population; and

     WHEREAS, in 2011, the legislature passed House Joint Memorial 4 and House Joint Memorial 17, which called for the creation of two task forces to research, analyze and identify opportunities to alleviate burdens on county jails by reducing delays in case management systems and developing strategies to more effectively assist individuals with mental health issues; and

     WHEREAS, it will be difficult to fully implement some of the suggested changes of the task forces because they are unproven and may require changes to existing state law; and

     WHEREAS, it is important for the criminal courts, county jails and law enforcement agencies in Bernalillo county to have a committee of interested parties create a pilot project that has the tools available to streamline case management systems, effectively expand existing treatment and diversionary programs and implement new treatment options and alternative incarceration, transitional living and reintegration programs; and

     WHEREAS, the regional correctional center in Bernalillo county is vacant and could be renovated into an alternative incarceration facility for new mental health and substance abuse treatment options and alternative incarceration, transitional living and reintegration programs;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the Bernalillo county board of county commissioners be requested to create a pilot project that will streamline case management systems, evaluate and potentially expand existing treatment and diversionary programs, establish an alternative incarceration facility and implement new mental health and substance abuse treatment options and alternative incarceration, transitional living and reintegration programs; and

     BE IT FURTHER RESOLVED that the Bernalillo county board of county commissioners hold a series of forums to gather and review information related to the formation of the pilot project; and

     BE IT FURTHER RESOLVED that the forums include representatives from the second judicial district court of New Mexico, the Bernalillo county metropolitan court, the office of the district attorney of the second judicial district, the chief public defender, the administrative office of the courts, the New Mexico criminal defense lawyers association, the interagency behavioral health purchasing collaborative, the New Mexico association of counties, the Bernalillo county metropolitan detention center, the forensic intervention consortium of Albuquerque, local law enforcement, neighborhoods adjacent to the facility and any other interested parties; and

     BE IT FURTHER RESOLVED that the New Mexico sentencing commission be requested to:

          A. begin collecting data on jail populations, average length of stay, recidivism, crime rates, case flow and any other relevant data;

          B. conduct research on current case management practices and policies;

          C. evaluate the viability and effectiveness of the pilot project; and

          D. report its findings to the steering committee and the Bernalillo county board of county commissioners on or before February 1, 2014; and

     BE IT FURTHER RESOLVED that the forums periodically present best practices for the pilot project to the Bernalillo county board of county commissioners; and

     BE IT FURTHER RESOLVED that the Bernalillo county board of county commissioners report a final plan for the pilot project to judicial representatives on or before October 1, 2012; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the Bernalillo county board of county commissioners, the second judicial district court of New Mexico, the Bernalillo county metropolitan court, the office of the district attorney of the second judicial district, the chief public defender, the administrative office of the courts, the New Mexico criminal defense lawyers association, the interagency behavioral health purchasing collaborative, the New Mexico association of counties, the Bernalillo county metropolitan detention center, the forensic intervention consortium of Albuquerque, the New Mexico sentencing commission and the office of the governor.

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