Advocacy groups urge governor to call off special session

Jul. 9—A coalition of advocacy organizations and behavioral health providers is calling on Gov. Michelle Lujan Grisham to pull the plug on a special session scheduled to start in less than two weeks.

The coalition, which includes progressive-leaning groups that support the governor on many issues, wrote a letter Tuesday urging her to "halt" the special session and "engage further with community experts" on her proposals to tackle mental health and other public safety-related issues in New Mexico ahead of the regular 60-day session next year.

"With less than two weeks to go before session is slated to begin and an obvious lack of consensus between lawmakers on the (continually shifting) legislative proposals, there is simply no way to achieve the solutions New Mexicans deserve," the letter states. "Moreover, a special session that will conclude in a matter of days with little to no opportunities for community feedback is not conducive to passing true and lasting safety solutions."

The broad-based coalition includes the American Civil Liberties Union of New Mexico, the Center for Civic Policy, Common Cause New Mexico, Equality New Mexico and the New Mexico Conference of Churches.

Michael Coleman, the governor's communications director, said in a statement the governor appreciates the input from mental health and social justice advocates but that calling off the session and "doing nothing" isn't an option.

"The status quo is not working in New Mexico, and every day that the root causes of crime and other public safety challenges go unaddressed is another day that New Mexicans are placed at risk," he said.

The coalition's letter lists what it calls three top-line concerns, starting with legislation that expands the definition of "harm to self" and "harm to others" which would make it easier for the state to "force someone into a locked mental health facility."

"This legislation ... does nothing to tackle the underlying issue of critical shortages in voluntary care," the letter states. "Coercive treatment also threatens people's constitutional rights, transgresses basic principles of ethical care, causes trauma, and is likely to entrench distrust in New Mexico's systems of care."

The groups also raised concerns with a competency bill that would expand the universe of people subject to involuntary civil commitment. The proposal "would require detention of certain people who are not competent but also not dangerous and require prosecutors and judges to initiate civil commitment proceedings in a variety of circumstances," according to the ACLU.

"Legislation that mandates detention and the initiation of involuntary commitment proceedings for certain individuals with mental illness in the criminal courts strips prosecutors and judges of their ability to make discretionary, case-by-case assessments regarding an individual's freedom," the letter states. "This approach undermines the careful consideration of people's unique situations, potentially leading to unjust outcomes and causing further harm to the people you aim to help."

The coalition is also opposed to a roadway safety bill that would make it illegal to loiter on the median of a highway with a posted speed limit of 30 mph or more and with a flat median area less than 36 inches wide.

"Legislation that will saddle unhoused people with unpayable fines and jail time does nothing to meaningfully address pedestrian safety or solve our dearth of affordable housing and wrap-around services," the letter says. "At the same time, criminal records and debt will make it even more impossible for unhoused people to attain employment and housing."

The letter says the coalition's request for the governor to call off the special session was made with "respect and sincerity."

"We acknowledge that the call for a special session has ignited a much-needed conversation about mental health and public safety that has generated rich and creative ideas for addressing the complex conditions underlying the crises our communities now face," the letter states. "We are grateful to you for accelerating this critical dialogue, but real solutions deserve more time than we have."

Coleman defended the governor's proposed legislation.

"The bills the governor has proposed will provide accountability and treatment for those who become entangled in the criminal justice system because of underlying mental health challenges, while improving the safety of New Mexico's communities," he said.

Coleman said the median safety bill isn't an attack on the homeless but a common-sense strategy to save lives in a state with the highest rate of pedestrian deaths in the nation. He noted the governor is also requiring state and local law enforcement agencies to report crime statistics "to help the state improve strategies for fighting" crime, as well as increasing penalties for felons caught in possession of firearms.

"The governor and her staff have been engaged in meetings with legislators and other stakeholders on these issues for months," he said. "Enough is enough and this can't wait."

Senate Minority Leader Greg Baca, R-Belen, was more bullish about proceeding with the special session.

"Despite all of the voices of detractors on the prospect of improving our state, anything we can do to make our families safer is worth our time," he said in a statement.

"We have many bills we are ready to introduce during this special session that we believe would make a measurable impact in the lives of the people of our state and we are ready to work with anyone to meaningfully address public safety," Baca added.

While the agenda for the special session is entirely up to the governor, Senate Republicans have said they plan to introduce various bills, including a proposal to expand the scope of crimes that qualify for prosecution under the state's Racketeering Act.

Rep. Christine Chandler, D-Los Alamos, indicated lawmakers are ready to get to work.

"As lawmakers, our focus is on rolling up our sleeves to vet the proposals in front of us and give them the attention they deserve," Chandler, who chairs the interim Courts, Corrections and Justice Committee, said in a statement.

"Our work to improve community safety, make sure people can get help when they need it, and protect New Mexicans' rights will continue, whether the Legislature is in session or not," she said.

Follow Daniel J. Chacón on Twitter @danieljchacon.