The Albuquerque Journal Editorial Opinion pages feature 5 types of opinion columns submitted for publication: those by the paper’s Editorial Board, those by the paper’s Community Council, those by Syndicated Columnists, those by Local Columnists and those by Local Voices.
“Local Columnists are tasked with carrying a heavy load of responsibility to help readers scrutinize issues impacting them, their community and their country. It is the Journal’s goal to publish columnists from all walks of life and varying political viewpoints to give readers exposure to all sides of local issues.”
On October 6, the Albuquerque Journal published on its editorial opinion page the below “Local Columnist” opinion column by Bernalillo County Metropolitan Judge Arsa Elliot who presides over the court’s “Outreach Court” that deals with the homeless.
JOURNAL EDITOR’S HEADLINE – “OUT REACH COURT: A SMALL PIECE OF THE PUZZLE”
BY ARSA ELLIOT, LOCAL COLUMNIST
“Bernalillo County Metropolitan Court’s Outreach Court, previously known as Homeless Court, provides people who are unhoused or precariously housed an opportunity to resolve pending misdemeanor cases, outstanding warrants and unpaid fines, which can pose barriers to housing and employment opportunities and hinder progress toward self-sufficiency. Outreach Court has been gaining the attention of our city and county leaders, law enforcement agencies and members of the public as our community struggles to find solutions for the complex problem of homelessness. As the judge presiding over Outreach Court, I am grateful for the community interest in the program and hope to provide helpful information about how the program works and can be best utilized.
Outreach Court is unique from the Metropolitan Court’s other specialty courts because it is designed to reward and support participants who have already taken the first steps to reclaim their lives and resolve outstanding cases; defendant buy-in is a prerequisite. This self-motivation is critical because participation in Outreach Court is voluntary. Success is dependent on participants’ own momentum toward further progress and stability, rather than completion or compliance with certain requirements imposed by the court.
The program accepts a variety of misdemeanor cases already pending in Metropolitan Court — generally, the types of cases precipitated by homelessness, like unlawful camping, trespassing, parking tickets and administrative vehicle offenses that often follow when a person has been living on the streets or in a vehicle. While Outreach Court seeks to assist as many motivated individuals as possible, each case and defendant are subject to individual review, including consultation with possible victims or affected parties, prior to acceptance. Certain misdemeanor cases or defendants are automatically disqualified from participation in Outreach Court, including DWI cases and defendants who have a violent felony conviction within the last seven years or an outstanding warrant in another jurisdiction.
Referrals to Outreach Court must be initiated by a community provider already assisting the defendant with housing, employment, education, behavioral or substance use treatment, or another social support program. Once accepted into Outreach Court, participants work with their case manager from the community provider to design a plan to move toward self-sufficiency.
The Outreach Court review team, which includes the prosecutor and defense attorney, meets monthly to review each case manager’s report on their assigned participant’s background, efforts in the program over the course of 30 to 90 days, improvements in their life, and goals for further participation and progress. Based on the case manager’s report, and upon agreement of the Outreach Court review team, the court acknowledges the participant’s efforts and progress by either dismissing the case or accepting the participant’s work in satisfaction of any remaining financial obligations and closing the case.
Although the court was unable to hold graduation ceremonies during the pandemic, we were happy to announce the resumption of in-person graduation ceremonies in 2024. The ceremonies typically involve 10 to 20 participants and their guests, graciously hosted by a volunteer community provider. The court personally recognizes each participant’s accomplishments in reclaiming their lives and their value as members of the community. Participants are presented with their signed dismissal paperwork, certificate of completion of Outreach Court and a small gift.
The graduation ceremonies are heartwarming but can be nerve-wracking to prepare for — knowing and remembering each participant’s story is a way of conveying the court’s appreciation of their efforts. Participants often arrive dressed in their best and accompanied by proud friends, family and children, and case managers. They mingle over food and refreshments in an unassuming, tiled community room equipped with folding cafeteria tables. Meeting the participants in person, witnessing their pride in themselves, and having the opportunity to publicly recognize their accomplishments and progress is tremendously gratifying. Their gratitude is incredibly humbling, and, if I am lucky, a participant might even ask me to be in a photograph with them. The issues of homelessness and intersecting crime pose a complicated and confounding puzzle. Outreach Court on its own cannot solve the problem, but it is a small piece of the puzzle the court can deliver.
Arsa Elliott is a judge in Division I of the Bernalillo County Metropolitan Court. For more information about Outreach Court, please visit the Bernalillo County Metropolitan Cout’s website:
https://metro.nmcourts.gov/bernalillo-county-metropolitan-court/specialty-courts/outreach-court/.
BEHAVIORAL HEALTH CARE REFORM PACKAGE
During the 2025 regular session of the New Mexico legislature, the Behavioral Health Reform Package was enacted. On February 22, the New Mexico legislature gave final approval to 3 Senate Bills that make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide. All three bills taken together are known as the Behavioral Health Reform Package.
On February 27, 2025 Governor Michelle Lujan Grisham signed into law the Behavioral Health Care Reform Package. The following is a description of each of the enacted Senate Bills:
Senate Bill 1: This bill creates the Behavioral Health Trust Fund for the state of New Mexico to support mental health and substance abuse treatment, prevention, and intervention programs throughout the state. The behavioral health trust fund will be invested by the State Investment Council. The trust fund will distribute 5% of its annual value to fund the programs and support investments in necessary infrastructure, technology, and workforce development to facilitate the expansion of services. The fund could also help New Mexico unlock matching funds from federal, local, and private sources. One major change made to Senate Bill 1 was removing a $1 billion appropriation for the new proposed trust fund. Money for the new fund is now expected to be provided in a separate budget bill during this year’s 60-day session.
Senate Bill 2: This bill allocates $200 million to expand regional behavioral health services such as crisis response and outpatient care. The bill appropriates the funding to the New Mexico Administrative Office of the Courts and various state agencies to set up a new framework for behavioral health programs statewide.
Senate Bill 3: This bill requires regional plans be crafted for providing mental health and substance abuse treatment. The plans would be overseen by the state judicial branch and would include time lines and regional funding priorities.
The Behavioral Health Reform Package had a total of 19 bipartisan sponsors, led by Senators George Muñoz (D-Gallup) and Liz Stefanics (D-Cerrillos). During the 2025 Legislative session, House and Senate Democrats worked together to make record investments in behavioral healthcare and substance use treatment programs to give New Mexicans the help they need when they need it. Speaker of the House Javier Martínez (D-Albuquerque) said this:
“Throughout the interim, we worked closely with our colleagues in the Senate to develop a multi-faceted plan to address our state’s behavioral healthcare needs and improve public safety statewide. … This session, we have worked quickly and thoughtfully to deliver on our promise to advance meaningful legislation that will make our communities safer right away and address long-standing gaps in services for this generation and the next.”
JUDICIARY IN CHARGE OF NEW MENTAL HEALTH CARE MODEL
Under the passed legislation, the new mental health care model places the state judiciary in charge of planning while leaving the state Health Care Authority largely in charge of overseeing funding. This is a significant change from the current system that largely falls under the executive branch’s jurisdiction.
The legislation increases accountability by requiring regional plans outlining priorities for providing mental health and substance abuse treatment. The new trust fund will provide annual funding to support the regional plans, which would largely be overseen by the state’s judiciary.
CIVIL MENTAL HEALTH COMMITMENTS VIABLE OPTION
During the 2025 regular session of the New Mexico legislature, the legislature enacted House Bill 4 referred to as the Omnibus Crime Package. It included 6 bills, one of which is the criminal competency legislation. It specifically requires that competency evaluators determine whether defendants are dangerous to themselves or others.
The enacted Omnibus Crime Package gives prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are found to be dangerous to themselves or others and unable to stand trial.
Under House Bill 4, when a court determines that a defendant is not competent to proceed in a criminal case the court shall determine if the defendant is dangerous. A defendant who is not competent is dangerous if the court finds clear and convincing evidence that the defendant presents a serious threat of:
(1) inflicting great bodily harm, as defined in Section 30-1-12 NMSA 1978, on another person;
(2) committing criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
(3) committing criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; (4) committing abuse of a child, as provided in Subsection D of Section 30-6-1 NMSA 1978;
(5) violating a provision of the Sexual Exploitation of Children Act;
(6) committing human trafficking, as provided in Section 30-52-1 NMSA 1978;
(7) committing a felony involving the use of a firearm; or
(8) committing aggravated arson, as provided in Section 30-17-6 NMSA 1978.
The link to review House Bill 4 is here:
https://legiscan.com/NM/text/HB4/2025
After a competency hearing, and if a defendant is found not to be competent, a judge then decides whether the defendant poses a threat to themselves or others. Based on that determination, a defendant is either ordered to attend an assisted outpatient treatment program or sent to the state Behavioral Health Institute in Las Vegas, New Mexico. The problem is there is a shortage of available facilities to send those committed for treatment with funding to build such facilities in the Behavioral Health legislation.
METROPOLITAN COURT TO DETERMINE COMPETENCY
During the recent Special Session of the New Mexico legislature that ended on October 2, the legislature enacted legislation which allows the Bernalillo County Metropolitan Court to determine competency which previously only allowed District Court involvement. A recent report by the New Mexico Justice Reinvestment Working Group found that 65% of individuals who enter the state’s criminal justice system have a behavioral health need and the criminal justice system cannot provide necessary medical treatment and facilities.
As noted by Metropolitan Judge Arsa Elliott in her Albuquerque Journal guest opinion column, the “Outreach Court” provides people who are unhoused with the opportunity to resolve pending misdemeanor cases, outstanding warrants and unpaid fines, all of which can pose barriers to housing and employment opportunities and hinder progress toward self-sufficiency. The “Outreach Court” can and should do more when it comes to the homeless who suffer from severe mental illness or who are drug addicted and are a danger to themselves and others.
During last year’s 2024 Special Session, legislators appropriated $3 million to ramp up court-ordered assisted outpatient treatment programs for individuals with mental illness in three judicial districts. The behavioral health legislation puts the judiciary in charge of planning while leaving the state Health Care Authority largely in charge of overseeing funding.
The City of Albuquerque has a spent a staggering $300 Million over the last three years and is spending upwards of $60 Million a year to provide assistance to so few, estimated to be between 3,000 to 5,000 unhoused. However upwards of 75% of the chronic unhoused refuse services. There has got to a better way than just throwing money at the problem.
The blunt reality is Albuquerque is now New Mexico’s capitol for the homeless service because of referrals made from throughout the state and thanks to Mayor Keller’s 5 integrated shelters known as the GATEWAY system and the Albuquerque City Council acquiescence. The City is managing the homeless who are from far beyond the city’s borders. The City and the State’s unhoused numbers are getting worse and not better after spending millions.
A 2025 report by the city found 30% of individuals experiencing homelessness self-report having a serious mental illness, 25% self-report having a substance use disorder and around 66% experience some form of mental health condition. The biggest problem is that upwards of 75% of the chronic, emergency unhoused simply refuse city services, yet the city continues with spending millions a year to benefit few.
FORM SPECIALIZED UNIT
It is likely that the Albuquerque Police Department and the city Community Safety Department know who the “frequent flyers” are and who need to be taken immediately off the streets because they pose and immediate threat to themselves and others. Both departments could and should assist the District Attorney or the City Attorney with civil mental health commitments of the unhoused and file civil mental commitment actions.
The Bernalillo County District Attorney’s Office and the Albuquerque City Attorney should form specialized unit to deal exclusively with civil mental commitment actions in the Metropolitan Court’s “Out Reach Court” with the state or courts providing funding and medical services through the the Behavioral Health Trust Fund provided for in the Behavioral Health Reform Package.
It is understood The Gateway Shelter on Gibson, which is the former Lovelace Medical Center and Hospital, is still largely vacant and has upwards of 200 patient rooms that are vacant. The Gateway Shelter on Gibson should be utilized for referrals by the Metropolitan Court’s “Out Reach Court” with the State providing mental health services to those committed for mental health and substance abuse treatment.
The link to a related article is here: