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Sarah Smith (middle), Co-Leader of the New Mexico Freedoms Alliance and Vice Chair of the Coalition of Conservatives in Action in Las Cruces | X

OPINION: Fixing the broken system – protecting communities from repeat offenders

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Our communities are bearing the brunt of a criminal justice system that is broken—one that fails to adequately address mental health challenges and drug addiction. With the 2025 Legislative Session just around the corner in Santa Fe, many of us are asking the same question: will our legislators finally step up to fix this urgent problem?

Here in Las Cruces, the impact of repeat offenders is impossible to ignore. Many of these individuals are deemed “incompetent” to stand trial and are released back onto the streets, only to commit more crimes. Public records tell a grim story: one of the city’s top repeat offenders has been charged over 120 times for crimes like aggravated assault, drug dealing, trespassing, shoplifting, and more. Another has over 95 charges, including battery, illegal drug possession, property damage, and even unlawful carrying of a deadly weapon. These examples are not isolated. Out of the top 40 repeat offenders in Las Cruces, 70 percent list the Mesilla Valley Community of Hope as their place of residence, highlighting the overlap between homelessness and repeat criminal behavior.

The consequences are devastating. Families and businesses are left to deal with the fallout: vandalized properties, broken windows, stolen vehicles, and public spaces overrun by trash and dangerous drug paraphernalia. Homeless individuals camp on private property, intimidate residents, and, in some cases, threaten violence. My own two teens have experienced the unsettling reality of downtown Las Cruces, witnessing public drug use, erratic behavior, and blatant drug dealing on the city bus and near their classrooms. Like many parents, I worry about their safety in public spaces.

The toll extends beyond property damage and fear. Innocent people are being harmed, like Rosa Ortega, who was brutally attacked by a homeless individual in broad daylight. A downtown yoga teacher faced threats of rape and murder while rocks were thrown at her car. Less than a year ago, LCPD Officer Jonah Hernandez was tragically killed while responding to a trespassing call, leaving behind a grieving family.

This catch-and-release system isn’t helping anyone—not the offenders, not their victims, and not our communities. The faces in repeat offenders’ mugshots tell a heartbreaking story of decline, addiction, and despair. It is not compassionate to allow these individuals to spiral further into self-destruction, nor is it fair to the community to let this cycle continue unchecked. It is the government’s duty to protect the public and ensure these individuals are given the treatment they desperately need.

The New Mexico legislature must take meaningful action. First, the state’s definition of mental disorders must be expanded to include substance abuse disorders. This change would make it possible to direct addicted individuals into much-needed treatment. Second, the current Assisted Outpatient Treatment (AOT) model must be strengthened. While AOT can work for some, it’s insufficient for violent and unstable repeat offenders. New Mexico needs a mechanism for involuntary commitment and treatment for those deemed “incompetent.”

The upcoming Legislative Session presents an opportunity for bipartisan action. Legislators from both parties must put aside politics and prioritize the safety of our communities. The question is: will they rise to the challenge, or will they allow the status quo to persist?

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