reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 42A - Condemnation Proceedings › Article 4 - Spanish or Mexican Land Grants › Section 42A-4-1 - Spanish or Mexican land grants; parties defendant; commissioners' report.

A. If any part of a tract of land confirmed by special act of congress or by a decree of the court of private land claims as a Spanish or Mexican land grant, is sought to be condemned for any of the purposes provided for under the provisions of the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978], such condemnation proceedings may be conducted by making the unknown owners and the person to whom the grant was confirmed parties defendant, designating and describing them as they were designated and described in the act or decree of confirmation, and designating the heirs and successors of the confirmees as heirs and successors in title of the confirmees and giving the name of the grant. Proceedings shall be had as are provided for under the Eminent Domain Code. No condemnation proceedings shall be had under the provisions of this section except for the purposes authorized by law to persons authorized to exercise the right of eminent domain.
B. Subsection A of this section shall not apply to condemnation of parts of tracts of land on which a final decree in a quiet title suit has been rendered.
History:
1978 Comp., § 42A-4-1, enacted by Laws 1981, ch. 125, § 36.
ANNOTATIONS
Compiler's notes.
— Although "commissioners' report" appears in the catchline, there is no text that corresponds to it in the section.
Applicability.
— Laws 1981, ch. 125, § 64, provides that the act applies only to condemnation actions commenced on or after July 1, 1981, and provided that in any condemnation action in which an appeal or a motion can modify or vacate the verdict or judgment, or to grant a new trial, was pending on July 1, 1981, the law applicable before July 1, 1981, governs the determination of the appeal or motion.
Severability.
— Laws 1981, ch. 125, § 63, provided for the severability of the act if any part or application thereof was held invalid.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-2 - Short title.

Chapter 43, Article 1 NMSA 1978 may be cited as the "Mental Health and Developmental Disabilities Code".
History:
1953 Comp., § 34-2A-1, enacted by Laws 1977, ch. 279, § 1; 1989, ch. 128, § 2.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "Chapter 43, Article 1 NMSA 1978" for "Sections 1 through 19 and 21 through 23 of this act".
Assisted outpatient treatment ordinance preempted by state law.
— The Mental Health and Developmental Disabilities Code, 43-1-1 NMSA 1978 et seq., and the Mental Health Care Treatment Decisions Act, 24-7B-1 NMSA 1978 et seq., create a comprehensive scheme governing the treatment of individuals with mental illness, with or without the consent of those individuals, which together preempt home-rule municipalities from enacting a separate ordinance regulating individuals with mental illness.
Protection and Advocacy Sys. v. City of Albuquerque
, 2008-NMCA-149, 145 N.M. 156, 195 P.3d 1, cert. denied, 2008-NMCERT-009, 145 N.M. 257, 196 P.3d 488.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-4 - Legal representation of clients.

A. Clients shall be represented by counsel at all proceedings under the code and shall be entitled to obtain advice of counsel at any time regarding their status under the code.
B. The court shall appoint counsel to represent a client who has not retained counsel and is unable to do so. When appointing counsel, the court shall give preference to nonprofit organizations offering representation to persons with a mental illness or a developmental disability. A client shall be liable for the cost of legal representation unless the client is indigent.
History:
1953 Comp., § 34-2A-3, enacted by Laws 1977, ch. 279, § 3; 1978, ch. 161, § 2; 2007, ch. 46, § 43.
ANNOTATIONS
Compiler's notes.
— For the meaning of "code",
see
43-1-3C and 43-1-2 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
Attorney's fees for appointed counsel on appeal.
— Upon a finding by the trial court that the client is indigent, an award of attorney's fees for the services of counsel on appeal is proper.
State v. Clayton
, 1981-NMCA-018, 95 N.M. 644, 625 P.2d 99.
Law reviews.
— For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 53 Am. Jur. 2d Mentally Impaired Persons §§ 3, 24, 35 et seq.
Right to counsel in insanity or incompetency adjudication proceedings, 87 A.L.R.2d 950.
Right of party to have his attorney or physician, or a court reporter, present during his physical or mental examination by a court-appointed expert, 7 A.L.R.3d 881.
Right to notice and hearing prior to revocation of conditional release status of mental patient, 29 A.L.R.4th 394.
57 C.J.S. Mental Health § 31.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-5 - Competence.

Neither the fact that a person has been accepted at or admitted to a hospital or institutional facility, nor the receiving of mental health or developmental disability treatment services, shall constitute a sufficient basis for a finding of incompetence or the denial of any right or benefit of whatever nature which he would have otherwise.
History:
1953 Comp., § 34-2A-4, enacted by Laws 1977, ch. 279, § 4.
ANNOTATIONS
Section does not bar consideration of history of hospitalizations along with other evidence,
in reaching a conclusion as to a patient's current condition.
State v. Pernell
, 1979-NMCA-008, 92 N.M. 490, 590 P.2d 638.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Admissibility and probative force on issue as to mental condition, of evidence that one had been adjudged incompetent or insane, or had been confined in insane asylum, 7 A.L.R. 568, 68 A.L.R. 1309.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-7 - Right to treatment.

Each resident client receiving mental health services shall have the right to prompt treatment pursuant to an individualized treatment plan and consistent with the least drastic means principle.
History:
1953 Comp., § 34-2A-6, enacted by Laws 1977, ch. 279, § 6.
ANNOTATIONS
Law reviews.
— For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-8 - Right to habilitation.

Each resident client receiving developmental disabilities services shall have the right to prompt habilitation services pursuant to an individualized habilitation plan and consistent with the least drastic means principle.
History:
1953 Comp., § 34-2A-7, enacted by Laws 1977, ch. 279, § 7.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-14 - Voluntary admission to residential treatment or habilitation.

A. A person may voluntarily seek admission to residential treatment or habilitation.
B. A guardian appointed under the Uniform Probate Code [Chapter 45 NMSA 1978], an agent or surrogate under the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978] or an agent under the Mental Health Care Treatment Decisions Act [Chapter 24, Article 7B NMSA 1978] shall not consent to the admission of an individual to a mental health care facility. If a guardian has full power or limited power that includes medical or mental health treatment or, if the individual's written advance health-care directive or advance directive for mental health treatment expressly permits treatment in a mental health care facility, the guardian, agent or surrogate may present the person to a facility only for evaluation for admission pursuant to Subsection E of Section 43-1-10 NMSA 1978.
C. Nothing in this section shall be construed as depriving voluntary clients of any right given to involuntary clients.
D. A client voluntarily admitted to residential treatment or habilitation has the right to immediate discharge from the residential facility upon request, unless the director of the facility or a physician determines that the client requires continued confinement and meets the criteria for involuntary residential treatment or habilitation under the code. If the director or physician so determines, the director or physician shall, on the first business day following the client's request for release, request the district attorney to initiate commitment proceedings under the code. The client has a right to a hearing on the client's confinement within five days of the client's request for release.
History:
1953 Comp., § 34-2A-13, enacted by Laws 1977, ch. 279, § 13; 1978, ch. 161, § 8; 2009, ch. 159, § 17.
ANNOTATIONS
Compiler's notes.
— For the meaning of "code",
see
43-1-3C and 43-1-2 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsection A, at the beginning of the sentence, deleted "Consistent with the provisions of Section 34-2A-15 NMSA 1978, any"; and added Subsection B.
Law reviews.
— For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
For comment, "Mental Health Law - Temporary Detention of 'Voluntary' Patients by Hospital Authorities: Due Process Issues," see 12 N.M.L. Rev. 791 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 53 Am. Jur. 2d Mentally Impaired Persons §§ 3, 5, 152.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-15.1 - Crisis triage centers; admission or treatment.

A crisis triage center may accept:
A. voluntary admissions;
B. individuals who are voluntarily seeking treatment;
C. involuntary admissions; and
D. individuals who are not voluntarily seeking treatment.
History:
Laws 2023, ch. 117, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-16 to 43-1-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 77, § 234F repealed 43-1-16, 43-1-16.1 to 43-1-18 NMSA 1978, as amended by Laws 1989, ch. 128, § 9, enacted by Laws 1979, ch. 213, § 3, amended by Laws 1978, ch. 161, § 11, and enacted by Laws 1977, ch. 279, § 17, respectively, relating to treatment of minors and right to education, effective July 1, 1993. For provisions of former sections,
see
the 1992 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
32A-6-1 to 32A-6-21 NMSA 1978.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-20 - Special commissioner.

The court may conduct the proceedings required by this code, or may, by general or special order, appoint a special commissioner to do so. The special commissioner must be a licensed attorney. Upon conclusion of the hearing the special commissioner shall file his findings and recommendations with the court promptly.
History:
1953 Comp., § 34-2A-19, enacted by Laws 1977, ch. 279, § 19.
ANNOTATIONS
Compiler's notes.
— For the meaning of "code",
see
43-1-3C and 43-1-2 NMSA 1978.
Law reviews.
— For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-21 - Convalescent status; rehospitalization.

A. The head of a residential facility may release an improved involuntary client on convalescent status when he believes that such release is in the best interests of the client. Release on convalescent status shall include provisions for continuing responsibility to and of the hospital. Prior to the expiration of the client's commitment period, the director of the residential facility shall re-examine the facts relating to the commitment of the client on convalescent status and, if he determines that in view of the condition of the client, commitment is no longer appropriate he shall discharge the client.
B. Prior to such discharge, the director of the residential facility from which the client is given convalescent status may at any time readmit the client. If there is reason to believe that the client requires rehospitalization, the director of the residential facility may issue an order for the immediate return of the client. Such an order, if not voluntarily complied with, shall, upon order by a judge of the district court of the county in which the client is resident or present, authorize any health or police officer to take the client into custody and transport him to the residential facility.
History:
1953 Comp., § 34-2A-20, enacted by Laws 1977, ch. 279, § 21.
ANNOTATIONS
Hospital maintains and has jurisdiction of every patient who is released
as an improved patient on convalescent status as long as he is within the jurisdiction of the state of New Mexico, and, if said patient refuses to return when ordered by the hospital, the hospital, after having said order endorsed by the judge of the district court of the county in which the patient is resident or present, can compel the patient to return to the hospital, if he can be located. 1954 Op. Att'y Gen. No. 54-5901 (opinion rendered under former law).
Until removed into another jurisdiction.
— As soon as a patient removes himself from the jurisdiction of the state of New Mexico and goes into another jurisdiction, the hospital loses control and jurisdiction over the patient, for the reason that the board would not have any jurisdiction. 1954 Op. Att'y Gen. No. 54-5901 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-22 - Transportation.

Whenever a proposed patient is to be committed to a residential mental health or developmental disability facility, or to be returned to such a facility during commitment, the court ordering the commitment or authorizing the return of the patient may direct the sheriff, the state police or other appropriate persons to furnish suitable transportation in order to effect such commitment or return, contacting the department for directions as to the destination of the patient.
History:
1953 Comp., § 34-2A-21, enacted by Laws 1977, ch. 279, § 22.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-23 - Violation of clients' rights.

Any client who believes that his rights, as established by this code or by the constitution of the United States or of New Mexico, have been violated shall have a right to petition the court for redress. The client shall be represented by counsel. The court shall grant relief as is appropriate, subject to the provisions of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978].
History:
1953 Comp., § 34-2A-22, enacted by Laws 1977, ch. 279, § 23; 1978, ch. 161, § 13.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this code",
see
43-1-3C and 43-1-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-24 - Appeals; court of appeals.

Appeals taken pursuant to this code shall be taken to the court of appeals according to the rules of appellate procedure of the supreme court.
History:
1953 Comp., § 34-2A-23, enacted by Laws 1978, ch. 161, § 14.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this code",
see
43-1-3C and 43-1-2 NMSA 1978.
Law reviews.
— For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1 - Mental Health and Developmental Disabilities › Section 43-1-25 - Cost of care.

Clients who are indigent may receive care and treatment at state-operated facilities without charge. The governing authorities of such facilities may require payment for the cost of care and treatment from all others pursuant to established fee schedules based on ability to pay.
History:
1953 Comp., § 34-2A-24, enacted by Laws 1978, ch. 161, § 15.
ANNOTATIONS
Reimbursement from county under Indigent Hospital Claims Act.
— Individuals committed to private or county-operated facilities under statutory involuntary commitment procedures are responsible for their hospital expenses, and eligible hospitals treating indigent patients may look to the applicable county for reimbursement under the Indigent Hospital Claims Act. 1989 Op. Att'y Gen. No. 89-35.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1A - Developmental Disabilities Community Services (Recompiled.) › Section 43-1A-1 to 43-1A-12 - Recompiled.

ANNOTATIONS
Recompilations.
— Sections 43-1A-1 to 43-1A-12 NMSA 1978, as enacted by Laws 1984, Chapter 100, have been recompiled as 28-16-1 to 28-16-12 NMSA 1978. Sections 28-16-1 to 28-16-12 NMSA 1978 were repealed by Laws 1993, ch. 50, § 19. For present comparable provisions,
see
28-16A-1 to 28-16A-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1B - Assisted Outpatient Treatment › Section 43-1B-1 - Short title.

Sections 1 through 14 [43-1B-1 to 43-1B-14 NMSA 1978] of this act may be cited as the "Assisted Outpatient Treatment Act".
History:
Laws 2016, ch. 84, § 1.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-1 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 198, § 12 made Laws 2005, ch. 198, § 1 effective July 1, 2005.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-5 - Duties of the department.

A. The department shall study the problem of alcoholism and drug abuse, including methods and facilities available for the care, custody, detention, treatment, employment and rehabilitation of persons addicted to the intemperate use of spirituous or intoxicating liquors or drugs. The department shall promote meetings for the discussion of problems confronting treatment facilities, clinics and agencies engaged in protective custody, treatment and rehabilitation of alcohol-impaired persons and drug-impaired persons and shall disseminate information on the subject of alcoholism and drug abuse for the assistance and guidance of residents and courts of the state.
B. The department shall make such reasonable rules for treatment facilities concerning physical conditions for protective custody commitments pursuant to Section 43-2-8 NMSA 1978 as it deems necessary, including such rules it deems appropriate for minors.
History:
1941 Comp., § 61-1203, enacted by Laws 1949, ch. 114, § 3; 1953 Comp., § 46-12-3; Laws 1957, ch. 12, § 1; 1976 (S.S.), ch. 9, § 3; 1977, ch. 253, § 51; 1977, ch. 374, § 4; 1983, ch. 177, § 3; 1989, ch. 47, § 3; 2005, ch. 198, § 4.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, provided in Subsection A that the department shall promote discussions confronting treatment facilities and clinics and agencies engaged in protective custody of alcohol-impaired persons; deleted in Subsection A the requirement that the bureau suggest regulations respecting care and treatment of persons committed to state institutions because of alcoholism or drugs; provided in Subsection B that the department shall make rules for treatment facilities concerning physical conditions for protective custody commitments, including rules for minors; and deleted former Subsections A through E which provided standards to guide the division in the promulgation of regulations with respect to treatment programs.
The 1989 amendment,
effective June 16, 1989, substituted "substance abuse" for "alcoholism" in the catchline and in the first sentence of the undesignated introductory paragraph; and in the undesignated introductory paragraph inserted "and drug abuse" and "or drugs" in the first sentence, inserted "and drug-impaired persons" and "and drug abuse" in the second sentence, in the third sentence twice substituted "care and treatment" for "care, treatment and discipline" and inserted "or impairment due to drugs", and substituted "alcoholics, intoxicated persons and persons impaired by drugs" for "alcoholics and intoxicated persons" at the end of the fourth sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 41 Am. Jur. 2d Incompetent Persons § 35.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-6 - Gifts.

The bureau may accept or refuse on behalf of and in the name of the state any gift of any valuable thing, however the gift be created, for any purpose connected with the work of the bureau. Any such property so given shall be received and held by the state treasurer, but the division, upon recommendation of the governor and with the approval of the state board of finance, shall have the power to direct the disposition of any property so donated to it for any purpose consistent with the terms and conditions under which such gift was created.
History:
1941 Comp., § 61-1205, enacted by Laws 1949, ch. 114, § 5; 1953 Comp., § 46-12-5; Laws 1957, ch. 12, § 3; 1976 (S.S.), ch. 9, § 4; 1983, ch. 177, § 4.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 154, § 1, repealed 46-12-6, 1953 Comp. (43-2-7 NMSA 1978), relating to the chief of the division.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-8.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 378, § 6 repealed 43-2-8.1 NMSA 1978, as enacted by Laws 1989, ch. 378, § 3, relating to penalty for chronic intoxicated condition, effective July 1, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-9 - Repealed.

History:
1953 Comp., § 46-12-7, enacted by Laws 1977, ch. 374, § 6; 1979, ch. 264, § 3; 1983, ch. 177, § 5; 1989, ch. 47, § 5; repealed by Laws 2005, ch. 198, § 11.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 198, § 11 repealed 43-2-9 NMSA 1978, as enacted by Laws 1977, ch. 374, § 6, relating to commitment hearings, effective July 1, 2005. For provisions of former section,
see
2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-10 - Repealed.

History:
1941 Comp., § 61-1208, enacted by Laws 1949, ch. 114, § 8; 1953 Comp., § 46-12-8; Laws 1976 (S.S.), ch. 9, § 7; 1977, ch. 253, § 53; 1983, ch. 177, § 6; 1989, ch. 47, § 6; repealed by Laws 2005, ch. 198, § 11.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 198, § 11 repealed 43-2-10 NMSA 1978, as enacted by Laws 1949, ch. 114, § 8, relating to probation and discharge, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-12 - Assistance upon request.

The substance abuse bureau of the division shall accept for examination, diagnosis, guidance or treatment at any facility or clinic under its control any person who requests such assistance under regulations as may be prescribed by the division.
History:
1941 Comp., § 61-1210, enacted by Laws 1949, ch. 114, § 10; 1953 Comp., § 46-12-10; Laws 1976 (S.S.), ch. 9, § 9; 1983, ch. 177, § 8; 1989, ch. 47, § 8.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "substance abuse bureau" for "alcoholism bureau" and deleted "such" preceding "regulations".
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 47, § 10 repealed 43-2-13 NMSA 1978, as enacted by Laws 1949, ch. 114, § 11, relating to commitment proceedings for ill persons in custody of division, effective June 16, 1989.