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Court officials say AOT pilot launched in First Judicial District; funding, staffing gaps remain
Summary
Court leaders told the House Judiciary Committee that a $3 million appropriation funded aided outpatient treatment (AOT) pilot projects in three judicial districts and that the First Judicial District ‘‘officially launched’’ its program, but staff and providers warned short-term contracts tied to one-time money limit providers' ability to expand.
Members of the House Judiciary Committee heard a briefing on assisted outpatient treatment (AOT) from court staff and Chief Justice Thompson on the status of pilot projects funded during the special session.
Megan Dorsey, a staff attorney who led a legal overview of AOT, told the committee that AOT in New Mexico permits a district court to order outpatient services when the court finds five statutory elements by "clear and convincing evidence," including that the adult has a primary diagnosis of a mental disorder and a history of noncompliance with treatment. Dorsey emphasized procedural protections: a required qualified-professional evaluation, a hearing held within "3 to 7 days" of service (continuable up to 30 days for good cause), counsel for the respondent, and a statutory limit that an AOT order cannot exceed one year.
Chief Justice Thompson and Administrative Office of the Courts (AOC) staff described operational steps taken since funding was provided in August 2024. Thompson said the judiciary "have onboarded very quickly in my experience in state government," and reported that the appropriation was used to develop program components, secure national technical assistance and stakeholder meetings and to grant pilots in three judicial districts—the First, Fourth and Twelfth. Carl Reifsack, AOC head, said the First Judicial District "has officially launched" as of the day of the briefing.
Court staff provided funding and contracting details: the legislature appropriated $3,000,000; AOC reported roughly $230,000 spent to date and about $1.5 million obligated through the end of the fiscal year. The AOC contracted LifeLink to provide behavioral-health services in Santa Fe County and said it is working with Los Alamos and Rio Arriba counties to secure providers there. The AOC also contracted the University of New Mexico's Institute for Social Research for independent program evaluation and contracted national technical assistance from the Treatment Advocacy Center (TAC) and the National Center for State Courts.
Staff and the chief justice repeatedly warned that the one-time nature of the appropriation constrains longer-term contracting. Stacy Boone and Carl Reifsack told the committee providers are reluctant to hire new staff for nine-month or shorter contracts because they cannot sustainably expand their workforce on short-term funding; Boone said provider contracts currently run through the appropriation expiration on "06/30/2025." AOC staff said they have asked providers to bill Medicaid or Medicare first when eligible and to bill the court secondarily for non-billable administrative tasks such as locating participants and attending court staffings.
The briefing also covered implementation tools and timelines: AOC staff said SIMS mapping to create community action plans takes about eight weeks and those plans are expected to guide services for about three years before a full refresh. Staff described a three‑part emphasis for pilots: stakeholder engagement, provider recruitment and program procedures (evaluation, reporting and court coordination). The AOC said two petitions were filed in the First Judicial District on the day the program was announced.
Legislators pressed several operational questions. Representative Hall asked why providers cannot be offered multi‑year contracts; Reifsack and Boone answered that the current appropriation is one‑time and contracts are tied to the appropriation's end date. Several members—including Leader Worth and Representative Martinez—thanked the judiciary for rapid implementation and said the legislature will consider recurring funding to sustain the program.
Committee members also raised implementation details that will affect rollout: who may petition (the statute lists family members, hospital or facility directors, qualified professionals and surrogate decision makers), whether petitioners can get counsel (the statute requires counsel for respondents but not for petitioners), and outreach plans. AOC staff said hospitals in the First Judicial District have been given petition documents and the AOC will expand self‑help resources to guide family members and other prospective petitioners.
The committee did not take formal action; members requested further conversations during the upcoming 60‑day legislative session about funding, data capacity and statutory fixes tied to criminal competency work. AOC staff asked for recurring judicial funding for data analysts and court clerks to allow consistent extraction and analysis of AOT data from court filings.
The briefing closed with committee members thanking the judiciary for the rapid stand‑up and noting AOT is only one piece of a larger behavioral‑health and criminal‑justice policy set the legislature intends to address.
