SENATE MEMORIAL 101

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Michael Padilla

A MEMORIAL

REQUESTING THE ADMINISTRATIVE OFFICE OF THE COURTS AND THE DEPARTMENT OF HEALTH TO STUDY THE FEASIBILITY OF SENTENCING NONVIOLENT OFFENDERS WHO HAVE A DRUG ADDICTION PROBLEM TO A MANDATORY, THIRTY-DAY DRUG REHABILITATION PROGRAM WHILE INCARCERATED.

     WHEREAS, the connection between drug use and crime is well known; and

     WHEREAS, drug use and intoxication can impair judgment and result in criminal behavior, poor anger management and violent behavior; and

     WHEREAS, untreated substance-using offenders are more likely to relapse into drug use and criminal behavior, jeopardizing public health and safety and taxing criminal justice system resources; and

     WHEREAS, treatment consistently has been shown to reduce the costs associated with lost productivity, crime and incarceration caused by drug use; and

     WHEREAS, public opinion research indicates that the majority of people in New Mexico and the country support a shift away from incarceration and toward treatment of nonviolent drug offenders; and

     WHEREAS, the national institute on drug abuse states that mandatory drug rehabilitation treatment offers the best alternative for interrupting the cycle between drug use and criminal behavior for offenders with drug problems; and

     WHEREAS, drug addicts who are rehabilitated have the opportunity to redirect their lives, live free from addiction and move forward as productive citizens; and

     WHEREAS, the rehabilitation of drug addicts reduces the monetary impact on the costs related to the demands on the police, courts, jails, schools, hospitals, insurance and business liabilities; and

     WHEREAS, state governments are looking at ways to reduce prison populations and the related costs of incarceration; and

     WHEREAS, over the last three years, New Jersey has reduced its prison population by nine and five-tenths percent, a greater rate than nearly every other state, according to the Brennan center report; and

     WHEREAS, New Jersey downsized its prison population in part by replacing incarceration with drug and alcohol treatment programs and ending mandatory prison terms for drug offenses; and

     WHEREAS, it would be beneficial for New Mexico to study the feasibility of sentencing nonviolent offenders who have a drug addiction problem to participation in a mandatory, thirty-day drug rehabilitation program while incarcerated; and

     WHEREAS, the Bernalillo county metropolitan detention center in Albuquerque could be considered as a location to implement a mandatory, thirty-day drug rehabilitation program; and

     WHEREAS, an analysis of the feasibility of conducting a mandatory, thirty-day drug rehabilitation program at the Bernalillo county metropolitan detention center for nonviolent offenders with drug addiction would provide important data;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the administrative office of the courts and the department of health be requested to convene a study group to determine the feasibility of sentencing nonviolent offenders who have a drug addiction problem to a mandatory, thirty-day drug rehabilitation program while incarcerated; and

     BE IT FURTHER RESOLVED that the study group be requested to determine the feasibility of conducting such a mandatory, thirty-day drug rehabilitation program at the Bernalillo county metropolitan detention center; and

     BE IT FURTHER RESOLVED that the study group be requested to report its findings and recommendations to the appropriate interim legislative committee by November 1, 2016; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the director of the administrative office of the courts and the secretary of health.

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