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Committee backs six‑year pilot for community criminal justice diversion project to expand pre‑arrest alternatives
Summary
The committee voted 6–3 to advance HB354, which would create a six‑year pilot under the Behavioral Health Services Division to fund local diversion programs, mobile crisis teams and pre‑arrest diversion for petty misdemeanors and some misdemeanors with local DA approval.
The Health & Human Services Committee recommended passage of House Bill 354 by a 6–3 vote, approving a six‑year pilot to establish a Community Criminal Justice Diversion Project under the Behavioral Health Services Division (BHSD) of the Health Care Authority.
Sponsors said the pilot would fund local pilots in at least five counties (including at least one class A and one class B county of varying valuation), develop mobile crisis response teams, create pre‑arrest diversion policies for petty misdemeanors and allow post‑arrest diversion for some misdemeanors if approved by the local district attorney. The bill emphasizes local design and implementation of diversion programs while BHSD would manage grant rules and oversight.
Supporters — including county officials, the ACLU’s Public Safety Coalition and Disability Rights New Mexico — said the pilot would create pathways out of the criminal justice system for people with behavioral health and substance use needs and reduce arrests, homelessness and recidivism. Witnesses cited national research and local pilot experience showing mobile crisis teams can resolve a large share of behavioral health calls without arrest.
Committee members questioned scope, funding and selection of participating counties; the bill delegates selection and budgeting details to the BHSD and requires participating local stakeholders to design programs. Critics on the committee said the bill does not explicitly exclude violent offenders and called for clear limits; sponsors noted local discretion and prosecutorial approval for post‑arrest diversion.
A roll call showed the committee advanced the bill by a 6–3 vote and directed BHSD to establish budgets and selection criteria if the pilot is funded. The bill creates a nonreverting Community Criminal Justice Diversion Project Fund to hold appropriations for the pilot during the six‑year period. The committee recorded concerns about fiscal impact and asked sponsors to follow up on budgeting as the bill moves through the appropriations process.
