HB 8 New Mexico House · 2025 Regular Session

CRIMINAL COMPETENCY & TREATMENT

HB 8 requires competency evaluation reports for defendants to include a professional's opinion on whether the defendant meets criteria for involuntary commitment or assisted outpatient treatment if found incompetent to stand trial. It creates community-based competency restoration programs for non-dangerous defendants and expands the list of crimes that could trigger commitment proceedings. The bill also mandates courts to advise prosecutors to consider commitment after criminal case dismissal and allows competency reports to be used directly in mental health treatment proceedings. This affects defendants found incompetent, courts, prosecutors, and mental health systems by integrating criminal competency evaluations with mental health treatment pathways.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
House Passage
Feb 2025
Senate Passage
Feb 2025
Signed into Law
Feb 2025
Introduced Feb 10, 2025 Signed Feb 28, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

JC substitute Final Version · 4 edits
MODERATE
The bill amends New Mexico's criminal competency laws to allow for community-based competency restoration for non-dangerous defendants, expands the list of crimes eligible for involuntary commitment, and adds procedures for involuntary commitment or assisted outpatient treatment after a criminal case is dismissed. It also clarifies evaluation timelines and reporting requirements for competency determinations.
Scope change
Expanded eligibility for involuntary commitment to include additional crimes and added provisions for post-dismissal involuntary commitment or assisted outpatient treatment proceedings.
ELIGIBILITY

Added criteria for involuntary commitment and assisted outpatient treatment that apply after a criminal case is dismissed, allowing courts to authorize district attorneys to file petitions up to 30 days after a qualified professional examines a defendant.

TIMELINE

Established specific timelines for competency hearings: 30 days for incarcerated felony defendants, 10 days for incarcerated non-felony defendants, and 90 days for non-incarcerated defendants.

REQUIREMENT

Added new requirements for competency evaluation reports to include opinions on whether defendants meet criteria for involuntary commitment or assisted outpatient treatment, including assessments of mental disorder, treatment compliance, and community safety.

DEFINITION

Modified the definition of dangerousness for incompetent defendants to include specific criteria for involuntary commitment under mental health codes and assisted outpatient treatment under the Assisted Outpatient Treatment Act.

Floor votes · Senate Feb 21, 2025 · House Feb 15, 2025

How they voted

363
Passed · 1 other
Total votes 40
Feb 21, 2025
D Democratic24
21 Yea 2 Nay 1
87% Yea
R Republican16
15 Yea 1 Nay
93% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
7
Committee
2
Feb 28, 2025
Signed into law
Signed
executive
Feb 22, 2025
Executive · Passed
House concurred in Senate amendments
executive
Feb 21, 2025
Upper · Passed
passed Senate
upper
Feb 21, 2025
Upper · Passed
floor substitute adopted (2 amendment)
upper
Feb 20, 2025
Upper · Passed
DO PASS, as amended, committee report adopted
upper
Feb 17, 2025
Introduced
Sent to Senate Judiciary Committee
upper
Feb 15, 2025
Lower · Passed
passed House
lower
Feb 13, 2025
Lower · Passed
DO NOT PASS, replaced with committee substitute
lower
Feb 10, 2025
Introduced
Sent to House Judiciary Committee
lower
5 primary · 0 co-sponsors

Sponsors