SANTA FE, NM — New Mexico’s governor is calling the state a “dangerous intersection” of crime and homelessness and is calling on lawmakers to address persistently high crime rates during their special legislative session on Thursday.
In her proclamation, Governor Michelle Lujan Grisham spoke of a vulnerable segment of society that falls prey to drug and human trafficking. She also repeatedly referred to a “revolving door” within the state’s criminal justice system that keeps dangerous individuals and those in need of mental health care on the streets.
The governor pointed to thousands of cases that have been dismissed in recent years over questions of competency, including many cases involving violent crimes.
“This should be a terrifying environment for everybody,” said Lujan Grisham, who admonished any lawmakers who won’t spend time trying to fix the problems. “It’s unacceptable. We cannot be a permissive state for risk-taking behavior.”
The two-term Democrat is urging lawmakers to consider longer minimum sentences for gun-carrying criminals, restrictions on panhandling and an expansion of forced confinement and treatment for mental health issues and addictions.
Some prominent lawmakers say the proposals could have unintended consequences. Homelessness and civil rights groups fear they infringe on constitutional rights.
Here are some things you should know about the special session:
FBI Data shows steep declines in every category of violent crime in the U.S. in the first three months of 2024 compared to the same period a year earlier, continuing a downward trend since the coronavirus pandemic began to take hold.
That’s not the case in the Albuquerque metropolitan area, home to about a third of New Mexico’s residents, where violent crime rates have held steady at about three times the national average. Criminal cases involving minors and weapons rose last year as authorities also grappled with homeless encampments on sidewalks and in riverfront parks.
Albuquerque Mayor Tim Keller said Wednesday that the city cleared 1,000 encampments in June alone and was spending $1 million a month on housing vouchers. That’s not enough, he said.
Lujan Grisham said the streets are still not safe after lawmakers approved modest public safety reforms in February. The reforms extend the waiting period for gun purchases to seven days and give judges an additional ability to deny pretrial bail in dangerous situations.
This week, the Governor extended the Albuquerque area’s public health emergency measures regarding gun violence and illegal drug use which were first invoked in September 2023.
Several states, including California And Tennessee opt for a more robust approach to untreated mental illness and addiction problems, due to concerns about crime and homelessness.
Lujan Grisham wants lawmakers to make it easier to involuntarily commit someone to treatment. She also wants to give courts and prosecutors more leeway to detain and evaluate criminal suspects when mental competence is in question.
Ben Baker, a senior public safety adviser to the governor, said it’s time to intervene in new ways when a court finds a defendant mentally incompetent.
“They are found to be incompetent, they are released and they come back for very similar criminal behavior, ad infinitum,” Baker said in a podcast interview with The Santa Fe New Mexican.
The ACLU and other advocacy groups warn that the governor’s initiatives would make it easier to force someone into a locked mental health facility.
The proposed agenda for the special session also includes tougher penalties for a convicted felon found in possession of a gun while committing another crime. The governor wants a minimum sentence of nine years in prison with no credit for good behavior.
Another initiative would make it illegal to linger on narrow verges in the middle of fast-moving traffic, in response to the rise of beggars in cities.
Supporters say panhandlers can still exercise their free speech rights to ask for money on sidewalks and other places. The ban would apply to medians up to 3 feet (1 meter) wide on streets with a speed limit of 30 mph (45 kph).
Under the proposals, government agencies would collect and analyze monthly information from local law enforcement agencies on crime and the weapons involved.
Frustrations are mounting after lawmakers more than $800 million allocated deployed over the past three years to tackle crime, including underlying psychological problems.
Javier Martínez, the speaker of the Albuquerque House of Representatives Democratic Party, said at a news conference Monday that the governor’s approach is uninformed and could backfire.
“We are deeply concerned about the potential impact these proposals will have on New Mexican residents, especially the most vulnerable among us,” he said.
Lawmakers, including Senate Democratic Majority Leader Peter Wirth of Santa Fe, are expressing support for a possible expansion of voluntary treatment programs for people with serious mental illnesses, through both civil and criminal proceedings.
Daniel Williams of the ACLU of New Mexico said this approach, using a pilot program to see what works and what doesn’t, “is much more encouraging to us than rushing into legislation where there are real risks of harm.”
___
Susan Montoya Bryan, an Associated Press reporter in Albuquerque, contributed.