Democrats say governor needs to change her special session agenda

Jul. 15—With just a few days left before the start of a planned special session, top Democratic lawmakers and Gov. Michelle Lujan Grisham remain far apart on a package of crime-related bills pushed by the executive branch.

Democratic leadership met at the Roundhouse on Monday to discuss the session that starts Thursday, once again voicing disagreement with how the governor plans to address public safety. At the same time, Lujan Grisham held a press conference in Albuquerque denouncing their criticism.

Lujan Grisham needs support from the Legislature's majority party to get her bills passed. She's tentatively proposed a public safety package that includes five bills, with focuses on criminal competency, involuntary commitment, median safety, penalties for felons in possession of firearms and law enforcement reporting.

The governor also needs policymakers to sponsor the bills. No one has stepped up yet.

The Democratic leadership said the governor needs to change her bills first.

"We have deep concerns about the potential impact these proposals will have on New Mexicans, especially the most vulnerable among us," House Speaker Rep. Javier Martinez, D-Albuquerque, said.

He said legislators don't think public safety issues are too hard to solve; effective solutions just won't come in a condensed special session.

Majority Floor Leader Sen. Peter Wirth, D-Santa Fe, said the Legislature has worked to find solutions on the governor's proposed bills, but "we're just not there." He said lawmakers need more time.

President Pro Tempore Sen. Mimi Stewart, D-Albuquerque, said special sessions are only effective when proposals are vetted in advance.

"While we agree with the governor on the urgency of these important goals, we cannot in good faith pass legislation that could very well end up having a detrimental impact on the communities we serve," she said.

She highlighted critical voices that need to be part of this conversation, including behavioral health providers, law enforcement, courts and civil rights advocates. Activists last week called on the governor to hold off on the special session.

Martinez added that special sessions should be focused on emergencies, not complex public policy issues.

Republicans also aren't on the same page as the governor's office and have announced plans to introduce, if possible, a slew of bills not on the governor's drafted agenda.

So what happens now? That depends on the executive branch.

Michael Coleman, a spokesman for the governor's office, said the governor would likely consider adjusting the language in some of her bills, but "she's not going to drop her special session agenda."

He said lawmakers canceled a two-hour luncheon they were supposed to have with the governor on Monday.

The Legislature also canceled a Monday meeting of the interim Courts, Corrections and Justice Committee; the only agenda item was an update from the governor's office. Committee chair Rep. Cristine Chandler, D-Los Alamos, said it wouldn't have been productive.

"(The governor is) trying to avail every opportunity to work through these issues, to discuss these issues, and I think there's a fairly high level of frustration that that hasn't happened," Coleman said.

At a cost of at least $50,000 a day to run the special session, taxpayers are footing the bill. Martinez said it's possible the session, which Lujan Grisham has said she only wants to last for a few days, could drag out.

The longest it could go is 30 days.

Legislators could also vote to adjourn without passing anything.

"We'll see what the proclamation reads, and that'll give us a better idea as to what will be on the call," Martinez said. "And then at that point, we'll have to decide collectively how we will proceed."

The governor likely will issue her proclamation, which specifies what policymakers can consider, on Thursday.

Alternative efforts

Two of the five proposals in the governor's public safety package are focused on criminal competency and involuntary commitment.

Wirth on Monday announced a proposal from the courts to expand administrative outpatient treatment and criminal competency diversion programs in New Mexico without legislatively set mandates.

The courts would add Assisted Outpatient Treatment (AOT) programs in the First and Fourth judicial districts, make existing competency diversion programs permanent and adds a diversion site in the First Judicial District, according to a memo sent last week from the Administrative Office of the Courts to Wirth.

Currently, there are two AOT programs in New Mexico — one in Bernalillo County and one in Doña Ana County — and the programs rely on local funding, according to the memo.

It will cost $3 million in recurring General Fund allocations to enact the new proposals.

The new and existing work on AOT and criminal competency diversion would cover Santa Fe, Rio Arriba, Los Alamos, Bernalillo, Doña Ana, San Miguel, Mora, Guadalupe, Otero and Lincoln counties, according to the courts' memo. Wirth said nearly 75% of New Mexicans would live in areas with available programs.

The expanded programs would set up a framework for lawmakers to get related legislative work done in the 60-day session in 2025, Wirth said..