SENATE JOINT MEMORIAL 49

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Manny M. Aragon

A JOINT MEMORIAL

REQUESTING THAT THE METROPOLITAN CRIMINAL JUSTICE COORDINATING COUNCIL REPORT TO AN INTERIM LEGISLATIVE COMMITTEE REGARDING A STUDY OF STATE COMPETENCY LAWS. 

     WHEREAS, the metropolitan criminal justice coordinating council, among its duties, examines criminal justice statutes that impact the efficient and equitable administration of justice in Bernalillo county; and

     WHEREAS, the Albuquerque city council recently proposed a resolution concerning the imposition of a public safety gross receipts tax and the voters adopted the resolution; and

     WHEREAS, a percentage of the proceeds from the public safety gross receipts tax is dedicated for crime prevention, including prevention and treatment programs for mentally ill persons; and

     WHEREAS, mentally ill persons often find themselves in the criminal justice system because of inadequate community resources; and

     WHEREAS, the proceeds from the public safety gross receipts tax will provide the criminal justice community with an opportunity to improve resources and services for mentally ill persons; and

     WHEREAS, there are issues in state law regarding mental illness, competency determinations and civil commitment procedures that merit review to better address public safety needs and the needs of mentally ill persons; and

     WHEREAS, forty-three other states have studied and revised their laws regarding procedures for mentally ill persons who come into contact with the criminal justice system; and

     WHEREAS, the metropolitan criminal justice coordinating council, in partnership with behavioral health service providers and advocates for the mentally ill, resolves to study competency laws in other states, including New York's Kendra's Law, in order to better address public safety needs and the needs of mentally ill persons in New Mexico;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the metropolitan criminal justice coordinating council be requested to periodically report to the legislative corrections oversight and justice committee during the 2004 interim; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the executive director of the metropolitan criminal justice coordinating council.

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