New Mexico Courts Expand Mental Health โฃDiversion Program, Aiming to Break Cycle of Incarceration
Santa Fe, NM – In a move hailed asโ a significant step towards community safety and compassionate care,โ the First Judicial District Court in New Mexico has launched aโ 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 โคnonviolent felonies – excluding Driving While Intoxicated (DWI) offenses.
this program marks the fourth of it’s kindโ to be established across New Mexico courts as โข2024, signaling a growing commitment to addressing the root causes of crime and offering alternatives to traditional incarceration.
“This program diverts qualifying individuals away โคfrom the justice system and connects them to the treatment and support services needed for potential โฃrecovery,” โขexplained Justice Briana H. Zamora, the Supreme court’s liaison to the Commission on Mental Health and Competency. “it’s about offeringโข help, not just punishment.”
Chief Judge Bryan Biedscheid of the first Judicial District Court echoedโข this sentiment, emphasizing theโ program’s potential to enhanceโ publicโฃ safety.”We can make our communities safer by addressing the behavioral health โคissues of people who or else may repeatedly cycle inโ and outโ of the justice system,” โคhe stated.
How the Program Works
The program operates on a voluntary basis.โฃ Upon arrest, individuals will be screened for eligibility while being bookedโข into jail. Participation requires agreement from the individual, their โdefense attorney, prosecutors, and the court. Those accepted into the program will โฃreceive 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 โstaff who will connect participants with vital community resources, โขincluding housingโ assistance, food security programs, and employment opportunities. Participants will voluntarilyโ engage in behavioral health treatment, ensuring the process is driven by individual needs and consent, rather than court mandate.
Successfulโค completion of a โขcollaboratively developed “navigation plan” will result in theโฃ dismissal of criminalโข charges. Though, cases will proceed through the traditional justice system for individuals who do โnotโ actively participate in the program’s services.
Addressing a Critical Need
The initiative directly addresses a common scenario: โindividualsโข with untreated mental illness frequently becoming entangled in the legal system due to their inability to โคunderstand or participate in legal proceedings – rendering them “incompetent to stand trial.”
Chief Justice David K.โ Thomson highlighted the broader impactโข of these programs. “Our courts serveโข as community problem solvers by operating competency diversion programs,” he said. “These โprograms demonstrate theโ Judiciary’s commitment to advancing efforts by the Legislature and governorโข to improve how New Mexico responds to people struggling with mental illness who come into contact with the criminal justice โคsystem.”
Theโ First Judicial District Court previously launchedโ an assisted outpatientโ treatment program โearlier this year, โand officials are actively planning similar initiatives in additional judicial districts. These programs are being funded through aโ special legislative session held last year, demonstrating a statewide commitment to innovative solutions for mental health and criminal โคjustice reform.
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