CITY of ALBUQUERQUE
TWENTY SIXTH COUNCIL
COUNCIL BILL NO.
M-24-2 ENACTMENT NO. ________________________
SPONSORED BY: Joaqu?n Baca, Brook Bassan
MEMORIAL
title Declaring Support For Proposed State Legislation Regarding Criminal Competency Determination (House Bill 233 And Senate Bill 16) (Baca, Bassan)
body
DECLARING SUPPORT FOR PROPOSED STATE LEGISLATION REGARDING CRIMINAL COMPETENCY DETERMINATION (HOUSE BILL 233 AND SENATE BILL 16).
WHEREAS, Comprehensive reforms to the criminal justice system must be responsive to the mental health needs of the community, including the needs of individuals who have been charged with a crime; and
WHEREAS, Under New Mexico's current criminal procedure rules, individuals who are found incompetent to stand trial often have their charges dismissed and are merely given information about mental health services, which they may elect to pursue themselves; and
WHEREAS, Empowering judges, prosecutors, and defense attorneys to refer individuals for mental health evaluations and treatment increases immediate access to mental health resources; and
WHEREAS, These mental health evaluations allow for a comprehensive assessment of an individual's mental well-being, ensuring that underlying mental health issues are identified and addressed appropriately; and
WHEREAS, Treating an individual's underlying mental health issues promotes rehabilitation, addresses the root causes of criminal conduct, and can help reduce recidivism; and
WHEREAS, Two bills, House Bill 233 (HB 233) and Senate Bill 16 (SB 16), have been introduced at the 2024 Legislative Session that aim to address issues related to determining a defendant's competency to stand trial, establish programs for competency restoration, and ensure the provision of State-funded mental health examinations; and
WHEREAS, HB 233 and SB 16 propose that individuals who are found incompetent are provided access to mental health treatment li...
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