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Governor, GOP lawmakers spar over special-session proposals

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Republican lawmakers took aim Monday at Gov. Michelle Lujan Grisham鈥檚 plan to use the special session to kick-start a court-supervised outpatient treatment program for people with severe mental illness.

The governor last week unveiled five public-safety measures she plans to propose in a July 18 special session.

One of those measures is intended to expand a 2016 law that allows district judges to order involuntary treatment for people with severe mental illness who are frequently jailed or hospitalized.

The governor also will ask lawmakers to make revisions to the complex system judges use to determine mental competency for people charged with criminal offenses.

Three Republican House leaders on Monday sent a letter to Lujan Grisham criticizing her decision to tackle complex behavioral health legislation in a special session.

鈥淢aking such major changes to these highly complex systems during a two- or three-day special session is simply not good public policy and will undoubtedly result in many unintended consequences due to the lack of needed consideration and debate,鈥 the letter said.

The letter, signed by House Republican Leader Rod Montoya, House Republican Whip Alan Martinez and Caucus Chair Gail Armstrong, called the governor鈥檚 plan 鈥渦ndoable.鈥

The lawmakers also criticize what they describe as a lack of analysis of the cost of the proposals and 鈥渘o apparent plan as to how many behavioral health service providers will be needed,鈥 according to the letter. They also questioned the need to revise existing statutes.

Lujan Grisham fired back Monday that her legislation can be passed if lawmakers 鈥渞oll up their sleeves and work with me to get it done.鈥

鈥淩epublicans contend that making New Mexico a safer place during the special session under my proposals is 鈥榰ndoable鈥 鈥 an assertion I flatly reject,鈥 the governor said in a written statement.

鈥淪tate lawmakers of both parties must ask themselves if they are comfortable with more crime and more homelessness, because business owners and rank-and-file New Mexicans are fed up,鈥 Lujan Grisham said.

She called on lawmakers to help pass her 鈥渃ommon-sense public safety reform agenda鈥 at the special session.

鈥淲e can make our state safer but it鈥檚 going to require some hard work, a can-do attitude, and a collaborative approach,鈥 she said.

One of the governor鈥檚 proposals is intended to strengthen a 2016 law that allows district judges to order involuntary treatment for people with severe mental illness who have frequent brushes with law enforcement.

The program, called Assisted Outpatient Treatment, or AOT, was approved by lawmakers in 2016.

But in the eight years since the law was enacted, only Do帽a Ana County, in the state鈥檚 3rd Judicial District, has implemented a functioning AOT program.

Holly Agajanian, chief general counsel for the Governor鈥檚 Office, told members of the House Courts, Corrections and Justice Committee last week that legislation is needed to expand the program statewide.

鈥淓ven though jurisdictions are already statutorily allowed to implement these programs, they aren鈥檛 doing it,鈥 Agajanian told lawmakers Thursday.

In a written statement issued Monday, Martinez said the proposals would be better addressed in the 60-day regular session in 2025 after careful study this year.

鈥淭he result will be many unintended consequences that could make the behavioral health system even more inefficient and costly,鈥 he said.

Former state Sen. Mary Kay Papen, who co-sponsored the 2016 AOT legislation, applauded Lujan Grisham鈥檚 effort to expand the program.

鈥淚鈥檓 excited that the governor is going to be behind this,鈥 Papen said Friday.

鈥淚f you get the right people enthusiastic about it and willing to work with it, and you get the right judge who will work with it, it will be successful wherever it goes into place.鈥

Papen said Do帽a Ana County had the necessary core of people enthusiastic about implementing an AOT program.

鈥淚 think we just embraced it,鈥 she said. 鈥淲e just have the right combination of people here who were interested in it. It鈥檚 not just the same old, same old.鈥

The court-supervised Assisted Outpatient Treatment program is intended for people who have a history of arrests and hospitalizations and are unlikely to voluntarily adhere to prescribed treatments.

The 2016 law allows state civil-court judges to order people into mandatory treatment programs, which could include medication, therapy or drug testing.

Jamie Michael, Do帽a Ana County鈥檚 director of Health and Human Services Department, told lawmakers last week that the county started its AOT program with support from a federal grant and ongoing funding from the county鈥檚 gross-receipts tax. She estimated that the program serves about 40 people a year at no cost to the individual.

Of central importance is identifying a district judge to champion the program.

鈥淭he judge is important, and they need to be well trained and really buy into to the program,鈥 Michael told lawmakers on Thursday. 鈥淚t鈥檚 important to find a judge who really wants to do this program and who has the ability to connect and communicate well, show empathy, show motivation.鈥

The judge has the authority to commit a person to mandatory outpatient treatment through a civil-court process.

鈥淚t is not voluntary,鈥 she said. Participants can鈥檛 opt out of the program after a few weeks, she said. 鈥淚t鈥檚 an involuntary court order that says 鈥榶ou will do what this treatment plan says.鈥欌

But the involvement of a judge has a 鈥渂lack-robe effect鈥 that tends to make people more likely to follow the program鈥檚 requirements, Michael said.

The program typically enrolls people when they are discharged from a hospital with a serious mental health diagnosis. The program also uses a peer-support staff to engage the person, she said.

鈥淚t really supports people who are already kind of engaged in that treatment program 鈥 that treatment system in their community 鈥 but don鈥檛 have that extra help to make it a habit and then extra support to help them engage better,鈥 Michael said.