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F I S C A L I M P A C T R E P O R T





SPONSOR: Hawkins DATE TYPED: 02/18/99 HB 469
SHORT TITLE: Involuntary Commitment SB
ANALYST: O'Connell


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY99 FY2000 FY99 FY2000
NFI NFI



(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates/Conflicts with/Companion to/Relates to



SOURCES OF INFORMATION



LFC files



SUMMARY



Synopsis of Bill



House Bill 469 would amend Section 31-9-1.2 NMSA 1978 to clarify the process of committing incompetent defendants for treatment. The statute states that defendants that are involuntarily committed and are considered dangerous by the court can be committed to a treatment center for up to one year in order to attain competency.



The new material proposed in House Bill 469 provides that, if there is a waiting list for admittance into court-sponsored treatment accommodations, the administrator of the treatment facility may determine the order of admission based on clinical judgement of the severity of need of the waiting defendants. Treatment facility operators may refuse admission to defendants upon certification in writing to the committing court of the lack of ability to meet the medical needs of the defendant.



BOC/njw