View from Here

Can governor, lawmakers agree this time?

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Public safety is atop the to-do list for both Gov. Michelle Lujan Grisham and Democratic leaders in the state Legislature as they head into the final 60-day session of the governor’s second term on Tuesday, Jan. 21.

But while they agree on the problem, they still appear to be just as far apart on the solutions as they were last year, when lawmakers shot down Gov. Lujan Grisham’s attempt to force the issue by calling a special session.

The governor wants to crack down. She is calling for tougher sentences on crimes involving a gun, reform of the bail system to keep more people accused of violent crimes in jail before they go to trial and mandatory treatment for those found to be mentally incompetent to stand trial.

Democrats in the House want a new state agency: The Office of the Child Advocate. We established an entire cabinet-level department in 1992 to advocate for children. The new office, which would work under the attorney general, would “help make necessary reforms at the Children, Youth and Families Department.” Like more funding?

To be fair, House Democrats are calling for tougher penalties for drunk driving, human trafficking and fentanyl distribution. But there’s no mention of bail reform or dealing with those found to be incompetent to stand trial.

I voted for the constitutional amendment in 2016 changing the old system because I thought cash bonds were unfair. Let’s say the company CEO, mid-level manager and janitor all get arrested for drunk driving coming home from the Christmas party. The CEO pays the bond and never notices it. The mid-level manager pays the bond but has to cancel the family vacation. The janitor goes to jail.

When I and other New Mexicans voted for that reform, we were promised there would be safeguards in place that would protect our communities from dangerous, repeat offenders being released. That hasn’t happened. I’m not advocating for a return to cash bail, but the system needs to be adjusted to ensure judges have the authority needed to keep violent and dangerous offenders in jail.

The issue of mental competency is more challenging. Our nation’s sad history of abusing and neglecting those with mental illness has led to understandable and much-needed laws protecting their rights. Forced treatment of the mentally ill has led to gruesome outcomes.

But mental illness can’t be a Get Out Of Jail Free card. We have to find a way to protect the community from a small number of repeat offenders who are taking up far too much time from our police officers.

The best news on this issue is that Democratic leaders are vowing to spend a fair portion of our oil-fueled budget windfall on mental health. House Democrats’ priority list calls for $200 million toward restoring our behavioral health system.

If the governor’s proposed budget includes funding for mental health, she chose not to include it in the press release she sent out announcing her budget, which is expected to grow to $10.21 billion this year. The only money she listed under public safety was for recruitment of more police and firefighters.

Walter Rubel can be reached at waltrubel@gmail.com.

Walt Rubel, opinion, view from here, govenor, lawmakers

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