reglab/housing_qa huggingface dataset:
NM Stat § 43-1B-3 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1B - Assisted Outpatient Treatment|Section 43-1B-3 - Assisted outpatient treatment; criteria.

A person may be ordered to participate in assisted outpatient treatment if the court finds by clear and convincing evidence that the person: A. is eighteen years of age or older and is a resident of a participating municipality or county; B. has a primary diagnosis of a mental disorder; C. has demonstrated a history of lack of compliance with treatment for a mental disorder that has: (1) at least twice within the last forty-eight months, been a significant factor in necessitating hospitalization or necessitating receipt of services in a forensic or other mental health unit or a jail, prison or detention center; provided that the forty-eight-month period shall be extended by the length of any hospitalization, incarceration or detention of the person that occurred within the forty-eight-month period; (2) resulted in one or more acts of serious violent behavior toward self or others or threats of, or attempts at, serious physical harm to self or others within the last forty-eight months; provided that the forty-eight-month period shall be extended by the length of any hospitalization, incarceration or detention of the person that occurred within the forty-eight-month period; or (3) resulted in the person being hospitalized, incarcerated or detained for six months or more and the person is to be discharged or released within the next thirty days or was discharged or released within the past sixty days; D. is unwilling or unlikely, as a result of a mental disorder, to participate voluntarily in outpatient treatment that would enable the person to live safely in the community without court supervision; E. is in need of assisted outpatient treatment as the least restrictive appropriate alternative to prevent a relapse or deterioration likely to result in serious harm to self or likely to result in serious harm to others; and F. will likely benefit from, and the person's best interests will be served by, receiving assisted outpatient treatment. History: Laws 2016, ch. 84, § 3. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler. Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021. Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.
NM Stat § 43-1B-5 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1B - Assisted Outpatient Treatment|Section 43-1B-5 - Qualified protective order.

A. A motion seeking a qualified protective order shall accompany each petition for an order authorizing assisted outpatient treatment. B. In considering the motion, the court shall determine which parties to the proceeding and their attorneys are authorized to receive, subpoena and transmit protected health information pertaining to the respondent for purposes of the proceeding. If the petitioner is a party identified in Paragraph (1), (2) or (3) of Subsection B of Section 4 [43-1B-4 NMSA 1978] of the Assisted Outpatient Treatment Act, the court may bar or limit the disclosure of the respondent's protected health information. C. Covered entities shall only disclose protected health information pertaining to the respondent in accordance with the court's order, except as otherwise provided by state and federal health care privacy laws. D. Parties and their attorneys are only authorized to use the protected health information of the respondent as directed by the court's order. E. Within forty-five days after the later of the exhaustion of all appeals or the date on which the respondent is no longer receiving assisted outpatient treatment, the parties and their attorneys and any person or entity in possession of protected health information received from a party or the party's attorney in the course of the proceeding shall destroy all copies of protected health information pertaining to the respondent, except that counsel are not required to secure the return or destruction of protected health information submitted to the court. F. Nothing in the order controls or limits the use of protected health information pertaining to the respondent that comes into the possession of a party or the party's attorney from a source other than a covered entity. G. Nothing in the court's order shall authorize any party to obtain medical records or information through means other than formal discovery requests, subpoenas, depositions or other lawful process, or pursuant to a patient authorization. History: Laws 2016, ch. 84, § 5. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler. Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021. Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.
NM Stat § 43-1B-7 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1B - Assisted Outpatient Treatment|Section 43-1B-7 - Written proposed treatment plan.

A. No later than the date of the hearing, a qualified professional shall provide a written proposed treatment plan to the court. The plan shall state all treatment services recommended for the respondent and, for each such service, shall specify a provider that has agreed to provide the service. B. In developing a written proposed treatment plan, the qualified professional shall take into account, if existing, an advance directive for mental health treatment and provide the following persons with an opportunity to participate: (1) the respondent; (2) all current treating providers; (3) upon the request of the respondent, an individual significant to the respondent, including any relative, close friend or individual otherwise concerned with the welfare of the respondent; and (4) any surrogate decision-maker. C. The written proposed treatment plan shall include case management services or an assertive community treatment team to provide care coordination and assisted outpatient treatment services recommended by the qualified professional. If the plan includes medication, it shall state whether such medication should be self-administered or administered by a specified provider and shall specify type and dosage range of medication. In no event shall the plan recommend the use of physical force or restraints to administer medication to the respondent. D. If the written proposed treatment plan includes alcohol or substance abuse counseling and treatment, the plan may include a provision requiring relevant testing for either alcohol or abused substances; provided that the qualified professional's clinical basis for recommending such plan provides sufficient facts for the court to find that: (1) the respondent has a history of co-occurring alcohol or substance abuse; and (2) such testing is necessary to prevent a relapse or deterioration that would be likely to result in serious harm to self or likely to result in serious harm to others. E. If the respondent has executed an advance directive for mental health treatment, the qualified professional shall include a copy of such advance directive with the submission of the proposed treatment plan. History: Laws 2016, ch. 84, § 7. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler. Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021. Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.
NM Stat § 43-1B-9 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1B - Assisted Outpatient Treatment|Section 43-1B-9 - Expeditious appeal.

There shall be a right to an expeditious appeal from a final order in a proceeding under the Assisted Outpatient Treatment Act. History: Laws 2016, ch. 84, § 9. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler. Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021. Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.
NM Stat § 43-1B-10 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1B - Assisted Outpatient Treatment|Section 43-1B-10 - Effect of determination that respondent is in need of assisted outpatient treatment.

An assisted outpatient treatment order shall not be construed as a determination that the respondent is incompetent. History: Laws 2016, ch. 84, § 10. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler. Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021. Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.
NM Stat § 43-1B-11 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1B - Assisted Outpatient Treatment|Section 43-1B-11 - Applications for continued periods of treatment.

A. Prior to the expiration of the period of assisted outpatient treatment, a party or the respondent's surrogate decision-maker may apply to the court for a subsequent order authorizing continued assisted outpatient treatment for a period not to exceed one year. The application shall be served upon those persons required to be served with notice of a petition for an order authorizing assisted outpatient treatment and every specified provider. B. If the court's disposition of the application does not occur prior to the expiration date of the current order, the current order shall remain in effect until the court's disposition. The disposition of the application shall occur no later than ten calendar days following the filing of the application. C. A respondent may be ordered to participate in continued assisted outpatient treatment if the court finds by clear and convincing evidence that the respondent: (1) continues to have a primary diagnosis of a mental disorder; (2) is unwilling or unlikely, as a result of a mental disorder, to participate voluntarily in outpatient treatment that would enable the respondent to live safely in the community without court supervision; (3) is in need of continued assisted outpatient treatment as the least restrictive appropriate alternative in order to prevent a relapse or deterioration likely to result in serious harm to self or likely to result in serious harm to others; and (4) will likely benefit from, and the respondent's best interests will be served by, receiving continued assisted outpatient treatment. History: Laws 2016, ch. 84, § 11. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler. Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021. Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.
NM Stat § 43-1B-12 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1B - Assisted Outpatient Treatment|Section 43-1B-12 - Application to stay, vacate, modify or enforce an order.

A. In addition to any other right or remedy available by law with respect to the court order for assisted outpatient treatment, a party or the respondent's surrogate decision-maker may apply to the court to stay, vacate, modify or enforce the order. The application shall be served upon those persons required to be served with notice of a petition for an order authorizing assisted outpatient treatment and every specified provider. The disposition of the application shall occur no later than ten calendar days following the filing of the application. B. A specified provider shall apply to the court for approval before instituting a proposed material change in mandated services or assisted outpatient treatment unless such change is contemplated in the order. The application shall be served upon those persons required to be served with notice of a petition for an order authorizing assisted outpatient treatment and every specified provider. The disposition of the application shall occur no later than ten calendar days following the filing of the application. Nonmaterial changes may be instituted by the provider without court approval. For purposes of this subsection, "material change" means an addition or deletion of a category of assisted outpatient treatment and does not include a change in medication or dosage contemplated in the order that, based upon the clinical judgment of the provider, is in the best interest of the patient. C. A court order requiring periodic blood tests or urinalysis for the presence of alcohol or abused substances shall be subject to review after six months by a qualified professional, who shall be authorized to terminate such blood tests or urinalysis without further action by the court. History: Laws 2016, ch. 84, § 12. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler. Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021. Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.
NM Stat § 43-1B-13 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1B - Assisted Outpatient Treatment|Section 43-1B-13 - Failure to comply with assisted outpatient treatment.

A. If a qualified professional determines that a respondent has materially failed to comply with the assisted outpatient treatment as ordered by the court, such that the qualified professional believes that the respondent's condition is likely to result in serious harm to self or likely to result in serious harm to others and that immediate detention is necessary to prevent such harm, the qualified professional shall certify the need for detention and transport of the respondent for emergency mental health evaluation and care pursuant to the provisions of Paragraph (4) of Subsection A of Section 43-1-10 NMSA 1978. B. A respondent's failure to comply with an order of assisted outpatient treatment is not grounds for involuntary civil commitment or a finding of contempt of court, or for the use of physical force or restraints to administer medication to the respondent. History: Laws 2016, ch. 84, § 13. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler. Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021. Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.
NM Stat § 43-1B-14 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 1B - Assisted Outpatient Treatment|Section 43-1B-14 - Sequestration and confidentiality of records.

A. All records or information containing protected health information relating to the respondent, including all pleadings and other documents filed in the matter, social records, diagnostic evaluations, psychiatric or psychologic reports, videotapes, transcripts and audio recordings of interviews and examinations, recorded testimony and the assisted outpatient treatment plan that was produced or obtained as part of a proceeding pursuant to the Assisted Outpatient Treatment Act, shall be confidential and closed to the public. B. The records described in Subsection A of this section may only be disclosed to the parties and: (1) court personnel; (2) court-appointed special advocates; (3) attorneys representing parties to the proceeding; (4) surrogate decision-makers; (5) peace officers requested by the court to perform any duties or functions related to the respondent as deemed appropriate by the court; (6) qualified professionals and providers involved in the evaluation or treatment of the respondent; (7) public health authorities or entities conducting public health surveillance or research, if authorized by law; and (8) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court. History: Laws 2016, ch. 84, § 14. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler. Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021. Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.
NM Stat § 43-2-1 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 2 - Alcoholics and Intoxicated Persons; Detoxification|Section 43-2-1 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 177, § 11, repealed 43-2-1 NMSA 1978, as enacted by Laws 1977, ch. 253, § 50, relating to the definition of "division", effective June 17, 1983.
NM Stat § 43-2-1.1 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 2 - Alcoholics and Intoxicated Persons; Detoxification|Section 43-2-1.1 - Short title.

Chapter 43, Article 2 NMSA 1978 may be cited as the "Detoxification Reform Act". History: Laws 2005, ch. 198, § 1. ANNOTATIONSEffective dates. — Laws 2005, ch. 198, § 12 made Laws 2005, ch. 198, § 1 effective July 1, 2005.
NM Stat § 43-2-3 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 2 - Alcoholics and Intoxicated Persons; Detoxification|Section 43-2-3 - Policy of state regarding substance abuse.

It is the policy of this state that intoxicated and incapacitated persons may not be subjected to criminal prosecution, but rather should be afforded protection. It is further the policy of this state that alcohol-impaired persons and drug-impaired persons should be afforded treatment in order that they may lead normal lives as productive members of society. History: 1978 Comp., § 43-2-3, enacted by Laws 1989, ch. 378, § 4; 2005, ch. 198, § 3. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 378, § 4 repealed 43-2-3 NMSA 1978, as amended by Laws 1989, ch. 378, § 1 and enacted a new section, effective July 1, 1991. The 2005 amendment, effective July 1, 2005, provided that the policy of the state is that incapacitated persons may not be subjected to criminal prosecution, that intoxicated and incapacitated persons should be afforded protection and that alcohol-impaired persons and drug-impaired persons should be afforded treatment. Prosecution for disorderly conduct while intoxicated. — The Detoxification Reform Act does not preclude criminal prosecution for disorderly conduct when the accused's conduct otherwise satisfies the statutory elements of the charge, regardless of whether the offender is intoxicated. State v. Correa, 2009-NMSC-051, 147 N.M. 291, 222 P.3d 1. Prosecution for battery upon a health care worker. — Where defendant was in protective custody due to intoxication and while defendant was still intoxicated, defendant committed a battery upon a health care worker, the Detoxification Reform Act did not preclude criminal prosecution of defendant for battery upon a health care worker under 30-3-9.2 NMSA 1978. State v. Tsosie, 2011-NMCA-115, 150 N.M. 754, 266 P.3d 34, cert. denied, 2011-NMCERT-010. Am. Jur. 2d, A.L.R. and C.J.S. references. — Prosecution of chronic alcoholic for drunkenness offenses, 40 A.L.R.3d 321.
NM Stat § 43-2-4 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 2 - Alcoholics and Intoxicated Persons; Detoxification|Section 43-2-4 - Adoption and enforcement of laws by a politcal [political] subdivision.

A. No county, municipality or other political subdivision may adopt or enforce a local law, ordinance, resolution or rule having the force of law that includes drinking, being a common drunkard or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or a sanction. B. No county, municipality or other political subdivision may interpret or apply any law of general application to circumvent he [the] provision of Subsection A of this section. C. Nothing in this section affects any law, ordinance, resolution or rule against driving under the influence of alcohol or drugs or other similar offense involving the operation of a vehicle, aircraft, boat, machinery or other equipment or regarding the sale, purchase, dispensing, possessing or use of alcoholic beverages at stated times and places or by a particular class of persons. History: 1978 Comp., § 43-2-4, enacted by Laws 1989, ch. 378, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Repeals and reenactments. — Laws 1989, ch. 378, § 5 repealed 43-2-4 NMSA 1978, as enacted by Laws 1977, ch. 374, § 3, relating to adoption and enforcement of laws by a political subdivision, and enacted a new section, effective July 1, 1991.