The First Judicial District Court has announced a new program designed to divert people with severe mental illness away from the criminal justice system and into treatment services.
The competency diversion pilot program will serve individuals charged with misdemeanors, excluding DWI and nonviolent felony offenses. It marks the fourth such initiative established by New Mexico courts since 2024.
“The program diverts qualifying people away from the justice system and connects them to treatment and support services needed for possible recovery,” said Justice Briana H. Zamora, the Supreme Court’s liaison to the Commission on Mental Health and Competency.
First Judicial District Court Chief Judge Bryan Biedscheid said the program aims to improve community safety by addressing underlying behavioral health issues.
“We can make our communities safer by addressing the behavioral health issues of people who otherwise may repeatedly cycle in and out of the justice system,” Biedscheid said.
Under the program, newly arrested individuals are screened for eligibility when booked into jail. Those who agree to participate — with approval from their defense attorney, prosecutors and the court — will be referred to the program for three to six months for misdemeanor cases or six months to one year for felony cases.
Trained staff called navigators will help connect participants to treatment and community services, including assistance with housing, food and employment. Participants voluntarily consent to behavioral health treatment, which is not court-ordered.
Courts will dismiss charges when individuals complete a navigation plan developed collaboratively with them. Criminal cases will proceed for participants who fail to remain engaged with available services.
The program targets people with untreated mental illness who may frequently cycle through the justice system when found incompetent to stand trial due to their inability to understand and participate in legal proceedings.
“Our courts serve as community problem solvers by operating competency diversion programs,” said Chief Justice David K. Thomson. “These programs demonstrate the Judiciary’s commitment to advancing efforts by the Legislature and governor to improve how New Mexico responds to people struggling with mental illness who come into contact with the criminal justice system.”
The initiative follows similar programs launched in 2024 in Doña Ana County’s Third Judicial District, San Miguel, Guadalupe and Mora counties in the Fourth Judicial District, and Lincoln and Otero counties in the Twelfth Judicial District. The First Judicial District Court also launched an assisted outpatient treatment program earlier this year.
Officials are planning an assisted outpatient treatment program in an additional judicial district and a competency diversion program in another court, according to the announcement.
The programs received funding during a special legislative session last year.