The bill amends New Mexico law concerning the determination of criminal competency and the procedures for involuntary commitment of defendants with mental health issues. It establishes new requirements for competency evaluation reports, mandating that they include a qualified professional's opinion on the defendant's ability to stand trial and whether they qualify for involuntary commitment or assisted outpatient treatment if found incompetent. The bill introduces community-based competency restoration options for non-dangerous defendants and expands the list of crimes eligible for criminal commitment. It also requires competency hearings to be held within specific timeframes based on the defendant's incarceration status and allows courts to advise district attorneys on initiating involuntary commitment proceedings after a case dismissal.

Key changes include the introduction of a community-based competency restoration program, the establishment of criteria for involuntary commitment, and the requirement for regular review hearings to assess a defendant's progress and dangerousness. The bill clarifies terminology, replacing phrases like "treatment to render him competent" with "competency restoration," and specifies that defendants cannot be released from secure facilities without a court order. It also expands the list of individuals who can file for assisted outpatient treatment and modifies the requirements for affidavits from qualified professionals. Overall, the bill aims to improve the legal framework for mental health evaluations and treatment within the criminal justice system, ensuring that defendants receive appropriate care while balancing public safety concerns.

Statutes affected:
introduced version: 31-9-1.2, 31-9-1.3, 31-9-1.4, 31-9-1.5, 31-9-1.6, 31-9-2, 43-1B-4