A coalition of mental health groups sided with Republicans in opposing policy proposals by Gov. Michelle Lujan Grisham for a special session the governor called for July 18.

The governor announced the session earlier this year as targeting “public safety” on the heels of the 2024 Legislative Session where several public safety bills failed to materialize by the February end date.

Democrats pushed two gun bills that did pass both chambers after being amended through negotiations with Republican lawmakers. A bill to institute a seven-day waiting period for firearms purchases was passed after the wait time was shortened from 14 days and an exemption was added for concealed carry holders. Lawmakers also added the exemption to another bill to ban firearms at polling places before it passed.

GOP members were likely to strongly oppose any additional gun bills from Democrats during the special session, instead calling for tightened border security measures and enhanced crime penalties. Rep. Jim Townsend (R-55) of Artesia suggested funding be allocated to businesses damaged by the South Fork and Salt fires in Ruidoso by. No such funding bill was introduced as of Tuesday.

Ahead of the session, Sen. Cliff Pirtle (R-32) announced a bill to increase penalties for looting, specifically from homes and businesses evacuated in areas where an emergency declaration is in place, as with the fires in Ruidoso.

The GOP also introduced a crime package to increase sentencing for human sex trafficking and “sexual exploitation of children,” by expanding the list of crimes that can be prosecuted under the state’s Racketeering Act.

Rep. Larry Scott (R-62) said if the GOP’s proposals are deemed germane by the governor, allowing them to be brought up in the session, lawmakers will “improve public safety.” He also supported New Mexico tapping into a camera system at the U.S.-Mexico border already put in place by the State of Arizona, “I’m not as optimistic about the governor’s bills,” Scott said. “If the GOP’s bills are deemed not germane, it will be a waste of time.”

Mental health groups want session halted

Despite the plans announced by legislators in the months ahead of the session, the ACLU and 40 other groups and nonprofits argued in a June 9 letter to Lujan Grisham that calling the session in less than two weeks would not allow enough time to develop policies adequately addressing New Mexico’s mental health issues.

The groups expressed concerns for several of the governor’s announced priorities for the session, including civil commitment legislation that would broaden the definition of “harm to self” or “harm to others,” effectively making it easier for the state to commit people to mental institutions or incarcerate repeat offenders for longer, the letter read.

Competency legislation could require involuntary commitment for those with mental health problems in criminal court, which the groups argued would remove authority from prosecutors and the courts themselves to make such decisions on a “case by case basis.”

And legislation framed as improving “median safety” could increase penalties to people who are unhoused, but would not address issues of homelessness in New Mexico, the letter read, or “meaningfully” mitigate danger to pedestrians. Such a bill could also lead to more criminal records and debt for the unhoused, read the letter, adding obstacles to them seeking work or shelter.

“As organizations who work for and with individuals and communities most impacted by these struggles, we share the urgent desire to bring these solutions to bear,” the letter read. “However, 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.”

Scott said the state lacked the facilities and staff to hold repeat offenders or those with mental illness “against their will.”

“You order them into treatment, and what happens then?” Scott said. “What we are talking about is a statewide mental health hospital system. Absent a more comprehensive plan, we aren’t going to make any progress.”

Calling off session ‘not an option,’ governor says

Lujan Grisham said the special session was needed to add to public safety legislation passed during the regular 30-day session, arguing it would allow lawmakers to approve bills to make the state “safer.”

“The special session in July will enable us to deliver additional statutory changes that reduce the danger and risk New Mexico communities face every day,” Lujan Grisham said in a statement. “The best proposals for making our state safer will be under consideration, and I welcome input from my colleagues in the legislature.”

Press Secretary Michael Coleman said Tuesday New Mexico’s criminal justice system was in need of the reforms proposed by the governor. He said the governor also asked lawmakers to pass legislation that would increase penalties for convicted felons possessing guns.

Coleman said the median safety bill would address New Mexico’s status as having the highest rate of pedestrian deaths in the U.S., and another proposal would call on law enforcement to collect better crime data to inform state-wide strategies.

“While the governor appreciates input from mental health and social justice advocates, calling off the special session and doing nothing is not an option,” Coleman said. “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.”