New Mexico Courts Expand Mental Health Diversion Program, Aiming to Break Cycle of Incarceration
Santa Fe, NM – In a move hailed as a significant step towards community safety and compassionate care, the First Judicial District Court in New Mexico has launched a new program designed to divert individuals struggling wiht severe mental illness away from the criminal justice system and into much-needed treatment. This initiative, a competency diversion pilot program, will focus on those charged with misdemeanors and certain nonviolent felonies – excluding Driving While Intoxicated (DWI) offenses.
this program marks the fourth of it’s kind to be established across New Mexico courts as 2024, signaling a growing commitment to addressing the root causes of crime and offering alternatives to traditional incarceration.
“This program diverts qualifying individuals away from the justice system and connects them to the treatment and support services needed for potential recovery,” explained Justice Briana H. Zamora, the Supreme court’s liaison to the Commission on Mental Health and Competency. “it’s about offering help, not just punishment.”
Chief Judge Bryan Biedscheid of the first Judicial District Court echoed this sentiment, emphasizing the program’s potential to enhance public safety.”We can make our communities safer by addressing the behavioral health issues of people who or else may repeatedly cycle in and out of the justice system,” he stated.
How the Program Works
The program operates on a voluntary basis. Upon arrest, individuals will be screened for eligibility while being booked into jail. Participation requires agreement from the individual, their defense attorney, prosecutors, and the court. Those accepted into the program will receive support for three to six months for misdemeanor cases, or six months to a year for eligible felony offenses.
Crucially, the program relies on “navigators” – trained staff who will connect participants with vital community resources, including housing assistance, food security programs, and employment opportunities. Participants will voluntarily engage in behavioral health treatment, ensuring the process is driven by individual needs and consent, rather than court mandate.
Successful completion of a collaboratively developed “navigation plan” will result in the dismissal of criminal charges. Though, cases will proceed through the traditional justice system for individuals who do not actively participate in the program’s services.
Addressing a Critical Need
The initiative directly addresses a common scenario: individuals with untreated mental illness frequently becoming entangled in the legal system due to their inability to understand or participate in legal proceedings – rendering them “incompetent to stand trial.”
Chief Justice David K. Thomson highlighted the broader impact of these programs. “Our courts serve as community problem solvers by operating competency diversion programs,” he said. “These programs demonstrate the Judiciary’s commitment to advancing efforts by the Legislature and governor to improve how New Mexico responds to people struggling with mental illness who come into contact with the criminal justice system.”
The First Judicial District Court previously launched an assisted outpatient treatment program earlier this year, and officials are actively planning similar initiatives in additional judicial districts. These programs are being funded through a special legislative session held last year, demonstrating a statewide commitment to innovative solutions for mental health and criminal justice reform.
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