Peter Wirth, a New Mexico state senator, announced that the behavioral health bills aim to provide treatment options to divert repeat offenders from incarceration, supporting a broader public safety package. He made this statement in a press release on February 22.
"We will never incarcerate our way out of the addiction crisis we face," said Wirth. "We now have treatment off-ramps so the repeat offenders can be diverted to the help they need."
According to the press release, House Bill 8 (HB 8) expands mental health treatment for individuals deemed incompetent to stand trial with the goal of reducing repeat offenses. It also includes public safety measures such as harsher penalties for fentanyl trafficking, mass shooting threats, and vehicle theft; a ban on weapon conversion devices; and enhanced blood testing for controlled substances related to driving while intoxicated (DWI).
The Behavioral Health Reform Package includes Senate Bill 1 (SB 1), which creates a Behavioral Health Trust Fund for sustainable mental health and substance abuse treatment funding. Senate Bill 2 (SB 2) allocates $200 million to expand regional services such as crisis response, outpatient care, and housing support. Senate Bill 3 (SB 3) establishes a Behavioral Health Executive Committee to oversee resources, identify service gaps, and ensure funds reach communities in need. All three bills have passed the legislature and await the governor’s approval.
According to the New Mexico Legislature, in fiscal year 2024, the state's recidivism rate rose to 39.2%, reversing a prior decline from nearly 50% in 2019. This rate remains higher than the national average of 27% recorded in 2019. A Legislative Finance Committee study found that approximately half of all felony offenses in the state were committed by just 25% of criminal defendants.
New Mexico has one of the highest drug overdose death rates in the United States, with unintentional overdoses accounting for 80% of drug-induced deaths. The leading substances involved are prescription opioids (49%), heroin (36%), and cocaine (31%). Rio Arriba, Bernalillo, Eddy, Torrance, and Chaves counties report the highest drug-related death rates, with Hispanic males being the most affected group according to NMIBIS.
Wirth's website indicates that he is the Senate Majority Leader and has served in the Senate since 2009 after four years in the House from 2004-2008. A Santa Fe attorney by profession, he holds degrees in Economics and Spanish from Stanford University and a law degree from the University of New Mexico (UNM). Wirth is active in community service and is married to Santa Fe City Councilor Carol Romero-Wirth.
