SANTA FE, N.M. (AP) — Democrats in the state legislative majority on Thursday resisted calls by New Mexico’s governor for immediate action to address the “dangerous intersection” of crime and homelessness, shunning her proposals to enhance criminal penalties, restrict panhandling and expand involuntary detention and treatment for mental health problems.

Instead, the Legislature sent the governor a solitary bill that expands pilot programs for voluntary treatment of people with severe mental illness and addiction problems, along with an emergency aid package in response to devastating wildfires that burned through a village in southern New Mexico in June.

“We absolutely have a responsibility to do something about those people who are on the merry-go-round through our court system,” Democratic state Sen. Gerald Ortiz y Pino, of Albuquerque, said as the Legislature convened. “But the answer isn’t to say we should start putting them in jail. The answer is to say we should start providing services.”

The bill won final legislative approval on a 30-0 vote of the Senate, which adjourned the special session over the objections of Republican lawmakers who found common cause with Gov. Michelle Lujan Grisham, a two-term Democrat.

The governor accused Democratic legislators of having “no interest in making New Mexico safer.”

“Not one public safety measure was considered,” Lujan Grisham said in a statement. “Not one, despite the bills having the backing of police chiefs, public safety unions, mayors, prosecutors.”

It fell to Republicans in the legislative minority to introduce initiatives from the governor that would provide longer minimum sentences for gun-toting felons, combat fentanyl trafficking, restrict loitering on narrow roadway medians and take aim at organized crime by amending racketeering statutes. Those bills from state senators were referred to committees that never met.

“We embarked on this special session for one reason … it was crime, front and center,” said Republican state Sen. Greg Baca of Belen. “We had an opportunity here, and I want to thank the governor. … Why would we not take an opportunity to take a step?”

Democratic legislators said they shared the governor’s sense of urgency — but also are awaiting the research and recommendations of an ongoing state Supreme Court commission on mental health and competency.

“What we don’t need are bad bills that pass that are rushed, and then we are dealing with unintended consequences,” said Democratic state House speaker Javier Martínez of Albuquerque.

Senate majority leader Peter Wirth of Santa Fe acknowledged a rift between Democratic lawmakers and the governor. But he urged her to support a $3 million allocation toward voluntary treatment programs for people with severe mental illness, through both civil and criminal court proceedings.

“I would suggest that by signing this treatment diversion money into law, it’s an important first step towards rebuilding the collaborative relationship that needs to exist between the three equal branches of government,” Wirth said. “New Mexicans want that.”

Separately, the bill would provide $10 million from the state general fund to assist the Mescalero Apache Tribe with wildfire losses and reconstruction.

And it contains a $70 million allocation from the general fund to local governments as they replace and repair infrastructure destroyed by wildfires, including a conflagration that raced through the village of Ruidoso in June. That funding is designed to speed up projects already approved by the Federal Emergency Management Agency. The state expects to be reimbursed.

Lujan Grisham convened the special session in an effort to address stubbornly high crime rates. She repeatedly referenced a “revolving door” within the state’s criminal justice system that has resulted in dangerous individuals and those who need mental health services remaining on the streets.

“This should be a terrifying environment for anyone,” said Lujan Grisham.

FBI data shows steep drops in every category of violent crime across the U.S. in the first three months of 2024 compared with the same period a year earlier, continuing a downward trend since a coronavirus pandemic surge.

That’s not the case in the Albuquerque metropolitan area — home to roughly one-third of New Mexico residents — where violent crime rates are holding steady at about three times the national average. Criminal cases involving juveniles and guns rose last year, as authorities also grappled with encampments of homeless people on sidewalks and in riverside parks.

Albuquerque Mayor Tim Keller said Wednesday that the city cleared 1,000 encampments in June alone and spends $1 million a month on housing vouchers. It’s not enough, he said.

Several states including California and Tennessee are embracing a more forceful approach to untreated mental illness and addiction issues amid concerns about crime and homelessness.

Lujan Grisham wanted legislators to make it easier to place a person involuntarily into treatment. She also wants to give courts and prosecutors more leeway to detain and evaluate criminal defendants when mental competency is in question.

The American Civil Liberties Union and other advocacy groups warned that the governor’s initiatives would make it easier to force someone into a locked mental health facility.

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Associated Press writer Susan Montoya Bryan in Albuquerque contributed.

It was straight to business Thursday as Senate lawmakers took to the floor and presented the merits and concerns they have with Gov. Michelle Lujan Grisham’s special session agenda.

During the hour-and-a-half debate, it became clear that the rift between Lujan Grisham and top Democratic legislators over the special session remained wide open, even as Republican senators praised the governor and sponsored a slate of bills.

In comparison, the House only introduced one piece of legislation. House Bill 1 funds the special session but also puts money towards assisted outpatient pilot programs and provides grants and loans for wildfire response.

A mere three hours after the opening gavel, and after passing the HB 1 to the Senate, the House adjourned sine die, usually signaling the close of a session.

Legislative rules require that if one chamber remains in session, while the other gavels out, the adjourned body must return every three days as part of procedure. But there’s no requirement for them to do legislative work.

If the House continues not to convene, there would be no means for the Senate’s proposed legislation to become law.

‘I haven’t moved my positions’

Seventeen senators participating in the special session, just under half of the 42-member body, either announced retirement, or chose not to seek reelection.

Most of the bills introduced related to crime, which the governor laid out as the priority in her proclamation. Lujan Grisham’s agenda garnered praise from Sen. Crystal Diamond Brantley (R-Elephant Butte) and Sen. Craig Brandt (R-Rio Rancho).

Sen. Mark Moores (R-Albuquerque), who is not running for reelection and has moved to Las Cruces, said he is proud to sponsor the governor’s bills, saying they’re a step in the right direction to address crime.

“I haven’t moved my positions, but it seems like the governor has moved, and seen and actually is trying to take leadership,” he said.

Sen. Joseph Cervantes (D-Las Cruces) called the lead up to the special session frustrating, saying the governor’s office continued to change the proposed policy ideas.

“These proposals have changed month to month, week to week, hour to hour,” he said. “In the last 24 hours, we’re seeing new proposals that were never presented, never contemplated for this special session.”

Cervantes chairs the Senate Judiciary Committee and is poised to review most of the bills introduced in the special session.

Cervantes said lawmaking needs to be careful, saying some of the proposals already exist on the books or could have unintended consequences the way they are written now.

Sen. Gerald Ortiz y Pino (D-Albuquerque) urged his colleagues to support additional funding for pilot projects in courts across the state to offer treatments instead of jail time.

Ortiz y Pino said the governor’s statements that the legislature is not addressing crime are untrue, and the problems with a lack of mental health and drug abuse treatment won’t be solved with jailing people who can’t access it.

“To say we’re going to mandate treatment without providing any additional services is a guarantee you’re going to have people staying in jail because there is no room for them,” Ortiz y Pino said.

Sen. Katy Duhigg (D-Albuquerque) said she was concerned the median safety bill, also called the panhandling bill, could inadvertently limit free speech, does not address the real causes of pedestrian deaths and could potentially criminalize other activities, such as the annual Easter pilgrimage to Chimayó.

“Cities already have the ability to do this if they want to,” Duhigg said. “We do not need a state law, regulating – potentially limiting the public speech – on medians and roadways.”

Another top priority is addressing the damage from the South Fork and Salt fires in the Ruidoso areas, which is further flooding danger from the monsoon rains.

More than 850 homes were lost, and others remain imperiled by continued flooding, according to state officials.

Sen. William “Bill” Burt (R-Alamogordo) called on his colleagues to support state funding and relief efforts, saying while no official estimates are out, damages could be between $100 million and $150 million.

“I am hoping each and every one of you will consider in your heart to help the people of Lincoln, Ruidoso and Ruidoso Downs to begin the recovery and healing of the devastation,” Burt said.

In all, lawmakers introduced 15 bills and one constitutional amendment.

Of those, six bills were immediately assigned to the Senate Judiciary Committee.

Seven bills were instead sent to the Senate Committee’s Committee to determine if they are germane to the governor’s proclamation, then be heard by other committees.

As of 4:30 p.m. there were no posted agendas for any Senate committees.

Citing what she calls the “dangerous intersection” of crime and homelessness, New Mexico’s governor is calling on lawmakers to address stubbornly high crime rates as they convene Thursday for a special legislative session.

In issuing her proclamation, Gov. Michelle Lujan Grisham talked about a vulnerable segment of society that falls prey to drug and human trafficking. She also repeatedly referenced a “revolving door” within the state’s criminal justice system that has resulted in dangerous individuals and those who need mental health services remaining on the streets.

The governor pointed to thousands of cases that have been dismissed in recent years over competency questions, including many involving violent felonies.

“This should be a terrifying environment for anyone,” Lujan Grisham said, admonishing any lawmakers who don’t want to spend time to resolve the problems. “It’s unacceptable. We cannot be a permissive state for risk behavior.”

The two-term Democrat is urging lawmakers to consider longer minimum sentences for gun-toting felons, restrictions on panhandling and an expansion of involuntary detention and treatment for mental health problems and addiction.

Some leading legislators say the proposals could lead to unintended consequences. Groups that advocate for homeless people and civil rights worry that they would infringe on constitutional rights.

Here are some things to know about the special session:

Crime in Albuquerque

FBI data shows steep drops in every category of violent crime across the U.S. in the first three months of 2024 compared with the same period a year earlier, continuing a downward trend since a coronavirus pandemic surge.

That’s not the case in the Albuquerque metropolitan area — home to roughly one-third of New Mexico residents — where violent crime rates are holding steady at about three times the national average. Criminal cases involving juveniles and guns rose last year as authorities also grappled with encampments of homeless people on sidewalks and in riverside parks.

Albuquerque Mayor Tim Keller said Wednesday that the city cleared 1,000 encampments in June alone and spends $1 million a month on housing vouchers. It’s not enough, he said.

Lujan Grisham said the streets still aren’t safe after lawmakers in February approved modest public safety reforms that extend a waiting period on gun purchases to seven days and give judges an extra opportunity to deny pretrial bail in dangerous situations.

This week the governor extended emergency public health orders for the Albuquerque area regarding gun violence and illicit drug use that were first invoked in September 2023.

Involuntary commitment

Several states including California and Tennessee are embracing a more forceful approach to untreated mental illness and addiction issues amid concerns about crime and homelessness.

Lujan Grisham wants legislators to make it easier to place a person involuntarily into treatment. She also wants to give courts and prosecutors more leeway to detain and evaluate criminal defendants when mental competency is in question.

Ben Baker, a senior public safety adviser to the governor, said it’s time to intervene in new ways when a court declares a defendant mentally incompetent.

“Incompetency is determined, they are released and they return for very similar criminal conduct, ad infinitum,” Baker said in a podcast interview with the Santa Fe New Mexican.

The ACLU and other advocacy groups warn that the governor’s initiatives would make it easier to force someone into a locked mental health facility.

Other measure: gun crimes and panhandling

The proposed agenda for the special session also includes enhanced penalties for a convicted felon found in possession of a gun during the commission of another crime. The governor wants a minimum nine-year prison sentence with no reductions for good behavior.

Another initiative would make it illegal to loiter on narrow medians amid high-speed traffic, responding to a proliferation of urban panhandlers.

Proponents say panhandlers can still exercise free-speech rights to ask for money from sidewalks and other areas. The ban would apply to medians up to 3 feet wide on streets with a 30 mph speed limit.

Also under the proposals, state agencies would collect and analyze information on a monthly basis from local law enforcement agencies about crime and any guns involved.

Alternatives

Frustrations are mounting after legislators appropriated more than $800 million over the past three years to address crime, including underlying mental health issues.

State Democratic House Speaker Javier Martínez of Albuquerque said at a news conference Monday that the governor’s approach is uninformed and could backfire.

“We have deep concerns about the potential impact these proposals will have on New Mexicans, especially the most vulnerable among us,” he said.

Legislators including Democratic Senate Majority Leader Peter Wirth of Santa Fe are expressing support for a possible expansion of voluntary treatment programs for people with severe mental illness through both civil and criminal court proceedings.

Daniel Williams of the ACLU of New Mexico said that approach, using a pilot program to see what works and what doesn’t, “is much more encouraging to us than rushing into legislation where there are some real risks of harm.”

Lee writes for the Associated Press. Associated Press reporter Susan Montoya Bryan in Albuquerque contributed.