Walt Rubel Commentary: Strong public safety package passed

The persistence of Gov. Michelle Lujan Grisham on the issue of public safety has finally paid off.

Lawmakers have passed legislation this session to address our growing crime problem with both enhanced enforcement and treatment. House Bill 3 deals with the enforcement end, and includes a provision that would give the court more options in cases where defendants have been found mentally incompetent to stand trial.

It would authorize prosecutors to petition for assisted outpatient treatment of up to 30 days. After a qualified professional has examined the defendant, those found incompetent to stand trial could be placed in a diversion treatment program. Following successful completion of the program, charges would be dropped for defendants who were not charged with a serious crime. Those unable to finish the program could be subject to a civil commitment process or assisted outpatient treatment.  

In a recent opinion piece opposing the bill, the local chapter of the National Alliance on Mental Illness argues that it does not address the real problem, which is shortage of community-based mental health services. That’s why the Senate bills needed to be passed along with the House bill.

SB1 creates a new trust fund for behavioral health initiatives throughout the state. SB 2 appropriates $200 million to get that fund started. And, SB 3 will establish the Behavioral Health Executive Committee to work with local stakeholders to identify gaps in the system and ways to address them.

I share the concern of mental health professionals that the bill risks adding to the public misperception that equates mental illness with crime. But those beliefs won't be changed by ignoring the problem.

And it is a problem. Las Cruces Police Chief Jeremy Story says that even though a small number of people may fall into this protected category, they are causing significant damage and taking up an inordinate amount of time for his officers. One of the reasons response times are so long is that officers are dealing with the same repeat offenders who can’t be held accountable for their crimes.

The House bill also increases penalties for fentanyl trafficking; makes it a fourth-degree felony to issue a mass-shooting threat against a school or public building; outlaws devices to convert guns into fully automatic weapons; increases penalties for repeated theft of vehicles; and makes it easier for police to search vehicles for controlled substances.

Bail reform won’t be addressed this session. There has been a bill introduced by a trio of Republicans in the House, but it’s stuck in committee. That’s unfortunate. But, this is a solid public safety package that should help police and the courts make our cities safer.

We can’t incarcerate our way to safety and prosperity. Clearly, affordable housing, job training, child care, addiction treatment and behavioral health services are all important parts of the equation.

But law enforcement needs to be able to address threats to the community, regardless of the mental competency of the person posing the threat.


Walter Rubel can be reached at [email protected]

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