On January 20, in a truly shocking guilty plea before U.S. Magistrate Judge Karen Molzen in Albuquerque, former Albuquerque Police Lieutenant Justin Hunt admitted that he and conspirators in the bribery scheme to dismiss DWI cases would get “targets” intoxicated so they could later pull them over to charge them with drunken driving. One “target” was a client of former attorney Thomas Clear III who was the mastermind of the DWI dismissal scheme that lasted for decades.

In his guilty plea hearing before U.S. Magistrate Judge Karen Molzen, Justin Hunt plead guilty to one count of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.” Hunt is  now facing  a maximum of 57 months in prison. He was originally facing 20 years in prison.

TAKING TARGET TO STRIP CLUB ON BIRTHDAY TO GET DRUNK AND MAKE DWI ARREST

According to Hunt’s guilty plea agreement, attorney Thomas Clear III’s private investigator  Ricardo “Rick” Mendez, and others would go out drinking with a person. Once that person had become drunk, Hunt would be notified of where the person was driving, and Hunt would pull them over for DWI. That person would then be told that  they could hire and pay Clear as their attorney and he would get  the charges dismissed.

Hunt admits in his plea agreement that in May 2014, Mendez took one of Clear’s clients to a strip club for the client’s birthday. Mendez then bought alcohol for the client at the strip club.  According to Hunt’s Plea Agreement , the client drank “a large amount of alcohol,” and when they went to leave the strip club, Mendez told Hunt the vehicle make and where it would be. Hunt pulled the client over and arrested them for DWI. When the client hired Clear, Hunt received wheels, tires, and a lift kit. He then “intentionally failed to appear at required criminal settings and the MVD hearing,” which resulted in the case being dismissed by the court.

HUNT’S SPECIFIC ADMISIONS IN PLEA AGREEMENT

In his guilty plea agreement, Hunt said DWI offenders were “both aware and unaware of the bribery scheme” and said “The illegal conduct — that being me receiving benefits or payments from CLEAR and MENDEZ — would occur after I conducted the otherwise legitimate DWI arrest.”

In his guilty plea agreement, Hunt admits that  “Clear, Mendez and I also developed another method of operating the scheme.” He states the scheme  was when Mendez and other conspirators  would orchestrate a  traffic stop “thereby allowing me to conduct the DWI arrest, with the expectation that I would then be paid or receive a benefit to not appear [in court] as required.”

Under the scheme, Mendez and other co-conspirators would go out drinking with a particular “target.” Hunt admitted this:

“Once that target had consumed alcohol and was heavily intoxicated, I would receive notification of where the target was driving. I would then conduct a traffic stop on the target’s vehicle and arrest them for DWI.” 

After the arrest, and if the suspect hired Clear, he and others in the conspiracy would coordinate pretrial hearings and MVD hearings to ensure that Hunt would fail to appear. The state criminal charges would be dismissed, no fines, fees or interlock devices would be required, and the offender’s driver’s license would not be revoked.

Hunt’s plea agreement outlines a specific incident where a target was taken out on his birthday to a strip club to get him drunk.  Hunt states in his plea agreement that in May 2014, Mendez and others took one of Clear’s clients out drinking for their birthday.  Ther person was  identified in the plea agreement as C.F. to protect privacy.  Mendez, C.F. and the others ended up at a strip club where Mendez purchased alcohol for C.F.

Justin Hunt admits this in his plea agreement:

“Once C.F. was preparing to drive after consuming a large amount of alcohol, Mendez alerted me to when C.F. would be leaving the strip club, what vehicle C.F. would be driving, and where C.F.’s vehicle would be. After C.F. drove out of the strip club parking lot, I conducted a traffic stop on C.F.’s vehicle [with Mendez and others in the vehicle].”

Hunt admits he then arrested C.F. and charged him with DWI and that  C.F. later  hired Clear to defend him in the case. Clear in his defense to get the  C.F.’s charges dismissed cited Hunt’s failure to appear as grounds for dismissal.  The judge dismissed the DWI case. Hunt admits he received a bribe  from Clear and  Mendez for his role in the arrest that included free legal help and “wheels, tires and lift kit for my Jeep.” Hunt admits this in his plea agreement:

“In my police report, I purposefully omitted the information I received from Mendez prior to the stop and purposefully omitted that Mendez was in the vehicle with C.F. at the time of the stop. “

Hunt admits  that after he left the DWI unit, he discussed non-public Internal Affairs and APD information with Mendez, including for example when then-APD officer Honorio Alba became the subject of a complaint sent to the city’s Civilian Police Oversight Agency relating to Alba’s handling of a DWI case in November 2023. Hunt admits this:

“I discussed this complaint with Mendez in an attempt to assist Alba from having adverse action taken against him. ”

It is not clear what, if any, action Mendez took in response. But the complaint about Alba, after then APD Chief Harold Medina learned of it, helped fuel the Federal Bureau Investigation into the scheme.

After the January 20^th hearing, Justin Hunt  was released on conditions pending sentencing, which has not been scheduled.

STATEMENT FROM HUNT’S ATTORNEY

Hunt’s attorney, Ryan Villa, gave the following statement after the guilty plea was announced:

“Justin Hunt served the community in APD for 24 years. The conduct he took responsibility for today, represents a tiny fraction of the work he did for the community, but he recognizes his conduct was wrong and he believes in personal accountability. As an officer, he helped countless crime victims and other community members who called the police for help. He makes no excuses for the conduct he admitted to in his plea agreement, but he is proud of the rest of his service in protecting our community. He looks forward to moving past this case and repairing the wrong that his conduct caused.“

Links to quoted or relied upon news sources are here:

https://www.abqjournal.com/news/former-apd-supervisor-admits-to-helping-set-up-drivers-for-dwi-arrests/2964691

https://www.koat.com/article/albuquerque-police-dwi-guilty-plea-justin-hunt/70066979

https://www.kob.com/new-mexico/former-apd-lieutenant-pleads-guilty-in-dwi-deception-scandal/

JUSTIN HUNT’S APD CAREER

On January 20, KRQE News 13 reported in part on Justin Hunt’s APD career as follows:

Former Albuquerque Police Lieutenant Justin Hunt worked as a DWI officer from 2011 to 2014.  Hunt joined APD when he was  18 years old and rose through the ranks to Lieutenant.  He  served as the Southeast Area Commander. His personnel files show that the state certified him to teach DWI courses from 2012 to 2015. That was during his time in APD’s DWI Unit, which he served in from 2011 to 2015.

On February 7, 2024  Hunt resigned from APD after he was implicated in the DWI dismissal  scandal with a three-sentence email thanking his superiors and letting them know that he was resigning.  APD had placed Hunt on administrative leave one week prior to his resignation. APD said he chose to quit rather than participate in the Internal Affairs investigation into his role in the  DWI Dismissal scandal.

 Hunt worked with Attorney Clear and his paralegal Mendez, taking bribes to get DWI cases dismissed or never file them. According to court records reviewed by KRQE News 13, Hunt  had cases with DWI Defense  Attorney  Thomas Clear from 2000, his first year on the job, to 2015. During that time, a 15-year time frame, 20 of their 30 cases together were dismissed which is a  two-thirds dismissal rate.

Court records also reveal that Clear represented Hunt  in two different cases: his divorce in 2014 and a case in 2016 where Hunt’s ex-wife’s family reported to his fellow APD officers that they believed Hunt caused  bruising to his then four-year-old son.

KRQE News 13 previously shared body camera footage in KRQE Investigation, in which a KRQE crew raised questions about why, when the police report called it a “simple assault”, no charges were filed. The Bernalillo County District Attorney told KRQE News 13 that “witnesses were no long willing to cooperate, so the DA at the time closed the case.”

So what about an Internal Affairs investigation by APD? Then APD administration confirmed that the Internal Affairs (IA)  Unit did “not open an investigation into the allegations”, adding “there’s no excuse for that failure.” Had the IA investigation happened, Hunt’s law enforcement certification could have been revoked.

Instead, throughout the next eight years, Hunt received promotions to Sergeant and then Lieutenant. Hunt’s personnel file includes a number of commendations for his work, even some from his time as a DWI officer. He worked in the unit alongside several officers that APD has already connected to the scheme, including Joshua Moñtano and Honorio Alba Jr., who pleaded guilty to federal charges for their involvement.

The link to the quoted and relied upon news source is here:

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/former-apd-lieutenants-plea-deal-reveals-how-dwi-enterprise-targeted-potential-drunk-drivers/

HOW DWI ENTERPRISE WORKED

According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, the DWI Enterprise scheme was very simple and straight forward and it went on for upwards of 3 decades. Arresting officers would give contact information on motorists they arrested on DWI charges to Private Investigator Carlos Mendez who worked for defense attorney Thomas Clear or Clear himself. In exchange, the officers would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. The officers  would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges had no choice but to dismiss the cases for “lack of prosecution” as a sanction against the prosecution.

Clients whose cases were dismissed would typically pay more in legal fees of between $5,000 and $10,000 depending on if the charges were DWI, aggravated DWI other charges in addition to DWI. Law enforcement officers would be recruited by Clear and Mendez to participate in the scheme over many years. The conspirators would also profile people as to their ability to pay higher fees. Defense attorneys customarily charge between $3,000 and $6,000 to defend DWI cases depending on if the case is a person’s first, second, third or even fourth offense, misdemeanor or felony DWI. There is no charge if a defendant  qualifies and is defended by the Public Defender’s Office.

DWI DISMISSAL SCANDAL SCORE CARD

Justin Hunt is the 10^th  law enforcement officer to plead guilty to federal charges in the DWI dismissal scandal. Additionally, two Albuquerque defense attorneys, and one private investigator have plead guilty in the ongoing federal investigation into a nearly 30-year conspiracy in which a group of DWI officers received cash, free legal services and other benefits for helping get DWI cases dismissed.

NINE  APD COPS AND ONE BERNALILLO COUNTY DEPUTY SHERIFF PLEAD GUILTY AS CHARGED

Nine APD officers and one Bernalillo County Sheriff’s Office Deputy have plead guilty to federal charges of taking bribes. Those former law enforcement officers are:

1. On February 7, 2025 former APD Officer Honorio Alba plead guilty to racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
2. On February 7, 2025 former APD Officer Joshua Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
3. On February 12, 2025 former APD Officer Neill Elsman plead guilty as charged  to 5 counts of  conspiracy, extortion, and bribery.  ( February 12, 2025.)
4. On March 24, 2025 former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
5. On April 29, 2025 former APD Police Officer Harvey Johnson plead guilty to one count of conspiracy to commit “Interference With Commerce By Extortion Under Color Of Official Right”. He is facing 20 years in jail.
6. On May 27, 2025 former APD Officer Lucas Perez plead guilty to “conspiracy to commit interference with commerce by extortion under color of official right.” It was on March 24, 2024 that APD announced it had placed Lucas Perez  on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez had been with the department since 2016 and served in the DWI unit to become the unit sergeant.
7. On June 23, 2025 former APD Officer Louis Henckel plead guilty in federal court, admitting to his role in the conspiracy with criminal defense attorney Thomas Clear and his employee  Ricardo Mendez to accept bribes to get DWI cases dismissed. Henckel plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.” The maximum penalty is up to 20 years in prison and a fine up to $250,000.
8. On December 15, 2025, retired APD Officer Timothy McCarson  plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”
9.  On February 25, 2025,  BCSO DeputyJeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. (Took a plea deal on February 25, 2025.)
10. On January 20, 2026, former APD Lieutenant Justin Hunt plead guilty to one count of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.”

TWO RING LEADERS PLEAD GUILTY AS CHARGED

Former DWI Criminal defense attorney Thomas Clear III and his private  investigator Ricardo “Rick” Mendez  plead guilty as charged to paying bribes to law enforcement to get their client’s DWI cases get dismissed.

On January 24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy. Mendez is facing 110 years in prison on the charges. On April 29  Ricardo “Rick” Mendez was scheduled to be sentenced connection with the DWI scandal. In a surprise move on the day of his sentencing it was simply vacated by the federal court. The  likely reason for the delay is that Mendez is providing new information about the DWI scandal and identifying more suspects to be charge.

On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty as charged to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. Clear has been permanently disbarred from the practice of law by the New Mexico Supreme Court and the Federal Court. A forfeiture action against a home Clear used as his offices has been taken as an asset and as part of the racketeering charge.

DEFENSE ATTORNEY RUDOLPH “RUDY” CHAVEZ PLEADS GUILTY

On July 10, 2025, private criminal defense attorney Rudolph “Rudy” Chavez plead guilty to a federal extortion charge admitting he bribed an Albuquerque police officer in 2023 to help get his  client’s drunken driving case dismissed. Chavez  plead guilty to one count each of interference with commerce by extortion and lying to FBI agents investigating the payoff in March 2024.

In his plea agreement,  Chavez admits he contacted Clear’s assistant Recardo “Rick” Mendez after he was hired by his client who had been arrested in April 2023 by Albuquerque Police Department DWI officer Honorio Alba Jr. Through Mendez, Chavez paid Alba to intentionally not appear in court on the DWI case.  Chavez admits this in his plea agreement:

“I admit that when coordinating the scheme, I knew that Alba was a necessary witness and because Alba planned to fail to appear, I knew that the case and proceedings would likely be dismissed.”

Chavez states in his plea agreement he agreed to be interviewed by FBI agents on March 26, 2024. During his FBI interview, Chavez was warned of the potential criminal consequences of lying to federal law enforcement officers. During his interview with  FBI agents, Chavez denied knowing Alba was not going to appear in court.

In his federal plea agreement, Chavez admits he  lied to  FBI agents and admits he had phone calls with Mendez ahead of the court hearings to ensure Alba would not attend. Chavez  admits  in his plea he spoke on the phone with Mendez after the dismissal “during which I thanked him and asked him to thank Alba.”

16 APD OFFICERS IMPLICATED, CHARGED OR PLEAD GUILTY

A total of 16 APD Police officers have been implicated in the largest corruption scandal in APD’s history. APD Commander Kyle Hartsock is overseeing the Internal Affairs  investigations. One by one, the accused APD officers have been turning in their badges and resigning or retiring  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 16 officers who have resigned, placed on leave, who have been terminated, retired, charged or plead guilty are:

1. On February 7, 2024 Justin Hunt, who started at APD in 2000, resigned. On January 20, 2026 Hunt plead guilty to one count of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.”
2. On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned. On February 7, 2025 he plead guilty to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
3. On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.
4. On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned. On March 24, Nelson Ortiz  admitted to his role in the DWI Enterprise bribery scandal and  plead guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
5. On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
6. On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
7. On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation played out. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
8. On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave. On February 12, 2025 Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery. (Article: February 12, 2025.)
9. On August 1, APD announced that it fired Mark Landavazo, the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.
10. On October 16, 2024 Deputy Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.
11. On January 24, 2025 APD announced they placed officers Matthew Chavez on leave.
12. On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.
13. In 2022, Timothy McCarson retired from the Albuquerque Police Department  and he has been implicated in the DWI scandal. The last week of January, 2025,  the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable. On December 15, 2025, McCarson plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”
14. On May 12, former APD officer Steve Hindi was placed on the Giglio list of officers whose credibility is compromised after being implicated in the scandal.
15. On March 24, 2024the Albuquerque Police Department (APD) announce it  has  placed Lucas Perez on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant. On May 27,2025 Lucas Perez plead guilty to conspiracy to commit interference with commerce by extortion under color of official right.
16. On June 26, 2025 it was reported that former APD Officer Daniel Carr who served with APD for nearly 20 years and who then became a lateral hire and went to work for the Durango Police Department, became the 16th former APD officer to join the ranks of officers listed on the Bernalillo County District Attorney’s Office ‘Giglio list‘ of officers who are no longer trusted witnesses in court. He was implicated in the DWI bribery and conspiracy case to dismiss cases. Carr immediately resigned from the Durango Police Department after the Department was notified of the action. Carr has not been charged with a crime.

THREE BERNALILLO COUNTY SHERRIFF DEPUTIES IMPLICATED

The names and dates of the 3 BCSO officers who have resigned or placed on leave by Sherriff John Allen or who have plead guilty to charges are:

1. On February 25, 2025  BCSO Deputy Jeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery.
2. On February 24, 2025, BCSO Undersheriff Johann Jareno was asked to resign by  Bernalillo County Sheriff John Allen.
3. March 7^th, BCSO Deputy Jeffry Bartram was placed on leave on after early findings that he may have been involved in the scheme. He has been with BCSO since February 2010 and was on the BCSO DWI Unit from July 2014 to August 2020.

ONE MEXICO STATE POLICE OFFICER

On February 14, 2025 the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the DWI Enterprise to dismiss cases.  Sgt. Toby LaFave was placed on paid leave as the agency did  its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and was referred to as the DWI King. LaFave was officially fired for his alleged role in November, but he has not yet been criminally charged.

LaFave, who joined State Police in 2012, said in an online public service promotion video that he has made 3,000 arrests during his 20 years in law enforcement. Court records show LaFave has filed at least 1,300 felony and misdemeanor DWI cases from 2009 to February, 2025. Of the 31 DWI cases where LaFave was the arresting officer and Clear was the defense attorney, 17, or 57%, were dismissed by the courts.

The link to a quoted or relied upon news sources are here:

https://www.abqjournal.com/news/article_97483524-eb17-11ef-9c15-8320a7b16191.htm/

NO AGREEMENTS AS TO SENTENCINGS, NO ONE SENTENCED

Review of all plea agreements reveals there are no agreements as to sentencing, meaning it will be up to the judge assigned who will decide the sentences of each defendant. A pre-sentence report will be prepared by sentencing, probation and parole authorities for each defendant, and a recommendation will be made as to sentencing to the judge.

Depending on the actual number of charges plead to by each defendant, they could be facing jail sentences between 5 years and 20 years and as much as130 years in federal prison and could face fines  as low as $20,000 or in excess of $1 million dollars.

To date, not a single  defendant who has  plead guilty has been sentenced  which has led to wide ranging speculation as to what is going on with the case. Speculation includes that the investigation has hit problems that make it impossible to complete the investigations of individuals or that other evidence still needs to be gathered against much larger targets in the three agencies that have been implicated.

COMMENTARY AND ANALYSIS

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core especially with the involvement of the Bernalillo County Sheriffs Office BCSO and New Mexico State Police Officers.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme. Justice will not be served until all are charged and sentenced. The biggest question that remains to be answered is when will sentences be imposed?

The 2026 New Mexico Legislative session will be from January 20 to February 19. It is a thirty-day short session which will be dedicated to financial matters. It is the Governor who sets the agenda and the call for all 30-day short legislative sessions. In preparation for any legislative session, and a month in advance of the sessions, the Albuquerque City Council reviews and adopts the city’s legislative priorities which are compiled with input from the Mayor’s Administration.

On October 6, the Albuquerque City Council adopted the city’s legislative priorities for the upcoming 2026 legislative session. The priorities have a heavy focus on public safety, housing and homelessness, and funding for city facilities the  Keller administration wants state lawmakers to address when the session begins in January on January 20. Following is a listing of the 2026 legislative priorities:

PUBLIC SAFETY AND CRIME INITIATIVES

To address crime, the City Council and Mayor Tim Keller’s administration are proposing stricter penalties and expanding crime fighting technology. Specific priorities include:

• A third Metro Crime Initiative that calls for harsher penalties for road rage, street racing, and domestic violence.
• Stricter gun-related penalties, such as new charges for carrying a firearm while intoxicated and for firing a gun in public.
• Targeted enforcement through the creation of a dedicated fentanyl court and a fentanyl-specific response team.
• Technology expansion, particularly for gunshot detection, across the city.
• Increased penalties for assault on transit workers.

ANALYSIS

Mayor Keller is seeking funding for all three branches of the city’s public safety department  consisting of the Albuquerque Police Department, the Fire and Rescue Department and the Community Safety Departments. The request includes funding to buy new vehicles for each department and funding to finish fire stations in Wells Park and Mesa del Sol.

Both Mayor Keller and City Councilor Joaquín Baca have asked for funding for high-intensity activated crosswalks to protect pedestrians and cyclists after a series of cyclist deaths made headlines last year. The deaths include 19-year-old Kayla Vanlandingham. Historically,  New Mexico has  ranked the worst in the nation for pedestrian fatalities, partially due to a high concentration of fatal accidents along Central Avenue.

City Councilors are asking for funds for speed cameras across the city and “road diets,” which would decrease lanes on some busy streets to improve safety.

In addition to the city’s request, and separately from the city,  the Bernalillo County Commission is asking  for $4 million for a public safety training center and “crime prevention technology” for law enforcement.

HOUSING AND HOMELESSNESS

There are several priorities aimed at increasing affordable housing and to address the city’s homelessness crisis. The priorities are:

• State funding for new projects, including capital outlay funds for the 88-unit Casitas del Camino affordable housing development.
• Efforts to address vacant properties, such as a former Walmart in the International District, by securing funds for redevelopment or transformation into green space.
• Expansion of the Gateway Center facilities to provide more shelter and supportive services.
• Tenant protections, including a proposed Tenant Bill of Rights.
• Reforms to state anti-donation laws to ease restrictions on affordable housing development.

ANALYSIS

As the number of people living on the streets of Albuquerque grows, city leaders have asked for money for a wide array of solutions. Mayor Keller is asking  for additional funding for his Gateway system of five homeless shelters, as well as funds to convert hotels and motels into transitional housing.

Last year, the city was successful with its lobbying efforts and  received $21 million for housing and homelessness initiatives, a sum that was divvied up amongst the Gateway shelters, with the remainder used to purchase an old hotel along Interstate 40 that will become an affordable housing project for low-income seniors.

Mayor Keller is also asking legislators for funds to improve the city’s “data infrastructure” surrounding homelessness so it can better track and quantify available shelter beds, housing vouchers and other services.

In addition to the City’s efforts for funding, and separately, the Bernalillo County Commission is asking for a hefty $98.3 million to sustain its housing efforts, which include a renovated hotel for homeless families, the tiny home village and rental assistance programs.

INFRASTRUCTURE AND COMMUNITY INVESTMENT

The city is  requesting state funds for various capital improvement projects. Those projects are:

• Improvements to public facilities, including vehicles, technology, and upgrades for police and fire departments.
• Infrastructure for pedestrians and cyclists to improve bike and road safety.
• Renovations and improvements at Balloon Fiesta Park.

ANALYSIS

The majority of capital outlay requests by city councilors involved quality of life improvements such as renovating residential parks, adding bike lanes or upgrading roads and requests for funding to buy vacant commercial properties and convert them into affordable housing.

Mayor Keller has asked for more funding for the Rail Trail, a planned 7-mile loop for pedestrians and cyclists around Downtown and Barelas. In September, the Rail Trail lost $11.5 million in federal funding after the U.S. Department of Transportation clawed back a grant because the project “no longer aligns” with the DOT’s priorities under President Donald Trump.

Still, the project is pressing ahead, although most of the loop has yet to begin construction.

County commissioners are also asking for funds for recreation. The county requested $5 million to expand the Mesa del Sol Regional Outdoor Sports Complex to ready it for regional and national youth sports tournaments.

TWO CITY COUNCILORS SEEK SEPARATE PROJECT FUNDING  FOR THEIR DISTRICTS

Councilor Nichole Rogers, whose district encompasses East Central, has petitioned the Legislature for funds to buy an abandoned Walmart and turn it into a “mixed-use” space for the community to gather. The old Walmart on San Mateo south of Central has sat empty for two years after the retailer pulled out due to the store’s “underperformance.” Rogers envisions the lot one day becoming a community garden, park, housing, or perhaps all three.

On January 1, it was reported that mid heights District 7 Albuquerque City Councilor  Tammy Fiebelkorn plans to seek  introduction of  her own capital outlay requests during the 30-day legislative session.  She is taking action proclaiming Albuquerque’s northeast heights needs more stable housing and affordable apartments.

Fiebelkorn said she is asking lawmakers to approve funding for two major projects, including funding for the second phase of the “Gateway Youth” center.

The “Gateway Youth” center is taking over the old San Mateo Inn near San Mateo and I-40 which is within Councilor Fiebelkorn District 7 district. It will house about 40 people, ages 18 to 25, facing housing instability. It’s set to open in February.  Fiebelkorn is now  asking for $1 million in state funds to help acquire the rest of the building to house an additional fifty young adults. Although it would cost $10.6 million to complete the second phase, it would include new amenities like renovating the nearby park.

Fiebelkorn said this about her efforts:

“There is another building there, and I would love to get that second building also renovated so we can house more young people. … I want them to be in town in a facility specifically for them where they can get job skills, and training, and all of the support they need to get back into society and get their apartment and get their job.”

Fiebelkorn is also asking for $1 million to help build the “Uptown Connect” apartment complex near Louisiana and I-40, which is also within Feibelkorn’s District. Once built, Uptown Connect would create 239 mixed-rate apartments right here that would also give people access to the transit system.  Fiebelkorn says the $120 million project still needs $20 million more before it can break ground, adding that once they acquire the money, it could help transform the area.

Fiebelkorn said this about her “Uptown Connect” development efforts:

“There’s so many opportunities for employment, so the ideal for a lot of folks is you get to live in these new nice apartments, you get to walk to work, and you also get to do the fun things your Friday nights or Saturday nights.” 

Links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/albuquerque-leaders-ask-legislature-for-millions-to-solve-several-key-issues/2961027

https://www.krqe.com/news/albuquerque-metro/albuquerque-city-councilor-asking-for-funding-to-address-housing-needs/

https://citydesk.org/2025/10/06/council-to-review-kellers-2026-legislative-priorities-new-housing-project-on-monday/

https://www.krqe.com/video/city-of-albuquerque-outlines-legislative-priorities-for-30-day-session/11129760/

https://www.msn.com/en-us/news/us/city-of-albuquerque-outlines-legislative-priorities-for-30-day-session/vi-AA1NHUgI

COMMENTARY AND ANALYSIS

Mayor Tim Keller, the City Attorney and the seven other members of the Albuquerque City Council should raise concerns  about the efforts of both City Councilors Tammy Feibelkorn’s and Nichole Rogers’s plans to have introduced their own capital outlay requests during the 30-day legislative session. Their separate lobbying efforts and actions undercut Mayor Keller’s and the City Council’s effort to have a unified lobbying effort on behalf of the city. Their  actions are nothing more than promoting their own personal political agendas.

The City’s legislative priorities for the 2026 New Mexico Legislature amount to a wish list that require a unified effort by the city’s elected officials to get it enacted. Given the shortness of the session, it is questionable how many of the city priorities will be secured and funded by the 2026 New Mexico Legislature.  The last thing the city needs are two Albuquerque City Councilors taking it upon themselves to go to Santa Fe and to lobby for their own politcal agendas and for funding.

The link to a related blog article is here:

Gov. MLG Proposes $11.4 Billion Budget As Legislature Proposes $11.1 Billion Budget; Major Showdown On Universal Child Care Brewing Between Gov. MLG And Legislature; Universal Child Care Initiative, $200 Million To Move Or Repurpose State Fair Grounds Account For Funding Difference; Gov. MLG Should Abandon Efforts To Move Or Repurpose State Fair As Too Costly And Concentrate On Universal Child Care

This “News and Commentary” article is a report on the January 14, 2026 City Council Land Use And Planning Zoning (LUPZ) Committee’s first meeting of the new year on major amendments to the Integrated Development Ordinance (IDO). The article was written by Steve Holman who attended the meeting on January 14, 2026. Steven Holman is a resident of City Council District 7 which the mid heights city council district. He has written two previous articles. Mr. Holman has not been compensated for any of his articles and the articles  are published as a public service by www.PeteDinelli.com.  Links to Mr. Holman’s previous columns can be found in the postscript.

INTRODUCTION

The Integrated Development Ordinance (IDO) is essentially all  of the city zoning laws on how properties are zoned for residential, commercial or industrial use. The Integrated Development Ordinance includes zoning and subdivision regulations to govern land use and all development within the City of Albuquerque. It establishes the City’s system of planning citywide. The IDO allows the Albuquerque City Council to amend it every two years. This amendment process has resulted in well over 500  amendments the last two years resulting in mass confusion to the public.

With the re-election of Mayor Tim Keller and a new Albuquerque City Council, there is a major controversy emerging within the city and on the Albuquerque City Council involving Mayor Tim Keller, his Planning Department and a few members of the Albuquerque City Council who want to enact another wave of blanket amendments to  the Integrated Development Ordinance. Mayor Tim Keller and the City Planning Department want to double or triple housing density in established neighborhoods as a way to address what they claim is the City’s affordable housing shortage.

According to a recent study by Root Policy Research, Albuquerque is 13,000 to 28,000 housing units short of meeting the demand for housing for low-income residents. When supply doesn’t meet demand, rents go up for residents. Mayor Keller, the Planning Department and supporters of the changes say the changes would improve quality of life and address Albuquerque’s housing shortage, which is worst for low-income renters. The emphasis is increasing affordable housing at the expense of established neighborhoods with expectation that established neighborhoods and residential property owners will simply go along and increase density on their properties and pay for it themselves.

For 2026, the City Council is considering more than 140 more  amendments to its Integrated Development Ordinance (IDO). The biggest and most dramatic changes would be to completely “up rezone”  all residential homes in established neighborhoods. If approved by the city council, townhomes and duplexes could be built in every neighborhood in Albuquerque, as well as some small businesses like bodegas, coffee shops and restaurants as permissive use and deny adjacent property owners the right to object or oppose the development forcing  litigation and perhaps class action lawsuits.

The link to a quoted or relied upon news article is here:

https://www.abqjournal.com/news/abq-city-council-considers-zoning-changes-to-address-housing-shortage-quality-of-life/2961706

Residential zoning covers 27% of the city’s land and 68% of its properties. City officials have said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built homes. The proposed amendments to the IDO include a mandate for “upzoning” of all existing residential properties to increase density and allow casita, duplex development and townhome development on virtually every single residential property in established neighborhoods in the city as permissive use requiring no city applications with no rights to contest nor appeal the upgrading to the determent of residential property owners. The mandatory upzoning will allow for the development of apartment or commercial use, such as bodegas, on all corner lots in residential areas.

The Bernalillo County property tax code is clear. The taxable value of a property is 33 1/3% of the assessed value as determined by the Bernalillo County Assessor. Under the property tax code, residential property assessments may NOT rise more than 3% per year UNLESS THE PROPERTY CHANGES OWNERSHIP, IS IMPROVED OR IS REZONED. (Emphasis added.)

The mandatory upzoning will allow the Bernalillo County assessor to increase property values and increase property taxes. Such a scenario has played out in Las Cruces, New Mexico where property taxes in fact were raised dramatically because of “upzoning”.

NEWS AND COMMENTARY REPORT BY STEVE HOLMAN

At the first Land Use Planning and Zoning hearing on January 14, 2026 regarding the Integrated Development Ordinance (IDO) update amendments, Councilor Nichole Rogers added an amendment to remove language that was potentially illegally added by the Planning Department. This language would have rezoned nearly all single-family homes city-wide without following the process for notice and public comment under the law.

The Planning Department said it was an error in language and interpretation, acknowledging there was a flood of demands from residents to the city council questioning its addition and requesting its removal.

During this meeting, the Planning Department was also forced to recognize that rezoning a property does remove the 3% cap on how much property taxes may be increased. The Planning Department also said that yes people can have their home values reassessed and see tax increases, but historically the county hasn’t always done this but there is nothing in the law that would prevent it from happening.

The admission of this is huge, as it directly confirms that a rezoning can equal reassessment at market value for property taxes, which means property tax increases.  What they failed to acknowledge is the current class action law suit against the Bernalillo County Treasurer for wrongfully reassessing properties.  So the threat of property tax increases is incredibly real.

There is still real danger of forced rezoning for thousands who live along mass transit corridors and activity centers in the city.  Residences along those areas will see Single Family Rezoned from R-1 to R-T.  A note of interest is that these are primarily along bus routes and don’t impact the wealthier areas of the city in the upper North East heights and majority of the west side.  Why then are we pushing forced zoning changes along these corridors and communities that could potentially displace people with property tax increases?

Pressure on Albuquerque  Council Members via emails, calls, and petition signatures are what moved the needle in a better direction. The work isn’t done though, we have to continue getting more people involved like friends, family, and neighbors to contact their elected officials.

WHAT IS AT STAKE?

To understand what is still at risk within the IDO, we have to ask what is gentrification?

Gentrification is the process where a neighborhood experiences an influx of wealthier residents and businesses that drives rising property values, increases in rent, and changes the area’s demographic and cultural character.

The chief driver of gentrification is the growing demand for urbanized living by the wealthy. Communities with lower property values located in urban core areas near good jobs and transit, often with historic and cultural character, are attractive to wealthy newcomers and susceptible to gentrified redevelopment.

What are the tools of gentrification?

There are many, but the most common tools are;

• Zoning changes allowing for higher density and mixed use
• Relaxed regulatory measures
• Exclusion of community involvement
• New amenities like retail
• Real estate speculation
• Real estate land grabs
• Removal or lack of renter protections
• Increased housing costs
• Changes in racial makeup of communities

The primary outcomes of gentrification are displacement and cultural shifts.

GENTRIFICATION TOOLS IN ACTION

 When we see what the tools of gentrification are, we see that many of them are not addressed in the IDO or are sometimes actually a part of it.

The most lucrative parts of the city for gentrification are the urban core areas with transportation, historic character and culture.

A prime example is the forced rezoning along transit corridors and activity zones that would lift the 3% cap on property taxes and allow for reassessment.  Some might be protected by overlay zones, but the vast majority would not. Increase in property taxation is how you displace people with it predominantly effecting low income homes and senior citizens who own their homes but who  are on fixed incomes.

The IDO also allows for permissive mixed use across almost all properties that are single family zoned city wide. This allows for townhomes, duplexes, apartments, with retail use on corner lots within established neighborhoods. Why would this negatively impact communities?

Because multiple tools of gentrification are used and they are:

• Real estate speculation by developers and investors are in no way addressed in the IDO. There is nothing preventing them from forcing shifts in market pricing that would make affordability even worse.
• The IDO does next to nothing to address renters. The city offers tax incentives to try and boost “affordable” housing that are often used to help corporate real estate increase earnings and still charge $1,300 for a studio apartment. But there is no mandated permanent affordable housing of any kind.
• The IDO offers no protections for renters against price inflation or the prevention of corporate landlord ownership.
• There is nothing in the IDO that prevents real estate investors and developers from purchasing multiple homes along a street to convert to high end apartments, duplexes and townhomes raising the cost of housing.
• With the IDO already allowing mixed use on single family properties, this streamlines the process of construction, removing large parts of the planning process and incentivizing construction in existing residential communities to take advantage of existing infrastructure.
• Community organizations, neighborhood associations and residents would have no say in what happens, just receiving a single email of notice and the only recourse being to file a lawsuit, of which the opposition are required to cover the cost. This takes away the ability for communities to have self-determination.
• Amenities like the addition of retail in the IDO act to gentrify. There is nothing preventing high cost boutique retail that makes the area more attractive to the wealthy, further increasing real estate values.  Nor is there any guarantee that grocers won’t be corporately owned or have affordable pricing.
• While the IDO does have small overlay zones for preservation and protection in a few places, much of the city’s historic neighborhoods and non-white communities do not. So there are little safeguards to prevent displacement and demographic changes that destroy culture.

As we can see, there are a lot of ways the tools of gentrification are at work here.  While gentrification is possible city-wide, it is most impacting on those living along transportation routes, in working class communities, historic communities, and predominantly non-white neighborhoods. This is due to their locations and desirability.

The IDO makes Albuquerque more appealing to the wealthy by encouraging construction and investment from developers through deregulatory measures and removal of community self-determination.

Beyond the dangers of gentrification, the IDO also does not allow for proper planning to address our limited supply of water or the impacts of climate change. It also doesn’t mandate racial impact studies before any rezoning.

MISCONCEPTIONS

There is a lot of incorrect information being disseminated from politically backed organizations and even political figures.

We know the myth of Albuquerque needing 55,000 new homes has been repeatedly disproven as an inaccurate developer manufactured crisis.  The other myth is that middle housing and duplexes are somehow banned. They are not, in fact you can currently build apartments, duplexes, and townhomes but like any other kind of housing it has to go through the process of planning, community notice and input under the law.  Much of the push of this has been for a “modernization” of our zoning code.  Our zoning code was completely re-written when the IDO was adopted in 2017.

We have more than sufficient housing supply, but it is not affordable.  The push for building more homes is based on outdated supply and demand principles to hopefully lower costs with a deregulatory free market solution.  But as the studies are revealing more and more, building more housing has minimal impacts to price due to developers and real estate investment interests inflating costs while largely targeting marginalized communities.

The city has the means to address the housing crisis of cost as well as the needs of the unhoused.  The city has 125,000 to 150,000 pre-platted lots for residential construction.  There are millions of square feet in empty office and retail space that could be converted to housing.

We have the tools in place.  If Albuquerque is truly pro-housing, then who is willing to take bold measures and regulate against the monied interests to lower costs?

WHY A PUSH FOR THIS?

Our elected officials have chosen to obsess over what other cities and states are legislating, instead of directly addressing our own unique needs.

We are not Portland. We are not Seattle. We are not Minneapolis.  We are not Austin.  We are not Denver. We are Albuquerque  and that is what makes us unique and beautiful.

When you write laws to bring in corporations and invest to make your city and state economically attractive, it should not be at the cost of history, community, identity, and the environment.

Unfortunately, due to ideological rigidity in combination with the influence of national organizations and interests, we are seeing a failure of leadership to listen to the very people who built Albuquerque and New Mexico.

Instead, we now are seeing prioritization of “profit over people” as these disastrous policies are being lifted up by political figures to the county and state.

Developers and investors are the only ones who will benefit from this in the amount of $14.2 billion dollars in property values to exploit for profit in Albuquerque.  If you add in the county and state, it is an even more lucrative proposition for these developer and investor interests.

Please, don’t let our collective homes be sold out to the highest bidder. The cost to the people and culture of New Mexico is too great.

A CALL TO ACTION

This is a call to action and your help would be appreciated!

The new Albuquerque City Council Land Use Planning and Zoning Committee appointed by City Council President Klarrisa Pena will be meeting for the first time and another hearing will be held on the proposed amendments.

The next meeting of the City Council LUPZ committee will be held on January 28 in the City Council Chambers in basement of city hall commencing at 5:00 p.m. You can sign up to speak at the meeting the day before by going to the City Council web page.

Please reach out to your city councilor and demand answers to the following questions:

• Why is there the removal of community recourse and self-determination for proposed residential construction?
• Why is there such a lack of transparency around changes being made to zoning codes?
• Are you demanding an audit and the inspector general to investigate forced zoning changes in the IDO?
• Forced zoning changes remove the 3% property tax cap and could have harmful effects on taxes for many, so why is this being pushed through and do you support it?

Most importantly do not be placated by excuses. Demand accountability and demand that these toxic proposals be investigated and not be enacted.

The emails to contact all 9 City Councilors followed by their Policy Analyst to voice your opinions are:

• stelles@cabq.gov
• stephenchavez@cabq.gov
• joaquinbaca@cabq.gov
• bacajoaquin9@gmail.com
• namolina@cabq.gov
• kpena@cabq.gov
• cquezada@cabq.gov
• bbassan@cabq.gov
• dawnmarie@cabq.gov
• danlewis@cabq.gov
• galvarez@cabq.gov
• nrogers@cabq.gov
• district6@cabq.gov
• tfiebelkorn@cabq.gov
• seanforan@cabq.gov
• dchampine@cabq.gov
• eromero@cabq.gov
• rgrout@cabq.gov
• rrmiller@cabq.gov

Below is the link to the petition against the proposed amendments:

https://www.change.org/p/stop-the-exclusionary-upzoning-of-mayor-keller-and-councilor-fiebelkorn

The next meeting of the City Council LUPZ committee will be held on January 28 in the City Council Chambers in basement of city hall commencing at 5:00 p.m. You can sign up to speak at the meeting the day before by going to the City Council web page.

Respectfully yours,

Steven Holman, Albuquerque Homeowner

DINELLI COMMENTARY AND ANALYSIS

The proposed amendments to the Integrated Development Ordinance are supposed to address the city’s so called “housing crisis” and to increase affordable housing. The term affordable housing is about as misleading as it gets. It is a term often used by politicians, elected officials and developers to promote their own personal or political agendas to gain support for their positions and government funding for development projects. When the term “affordable housing” is used by the politicians, elected officials and developer’s, what they actually mean is “subsidized government housing” also known as Section 8 federal subsidized housing.

EXISTING HOMEOWNERS CANNOT AFFORD UPZONING CONSTRUCTION COST

Mayor Tim Keller, his Planning Department and all the City Councilors  who support upzoning want to double or triple housing density in established neighborhoods over strenuous objections from property owners and neighborhood associations. They essentially are saying they  want “upzoning  development”  by existing residential property owners to increase density and allow casita, duplex development and townhome development in virtually every established neighborhood in the city. Ostensibly, they believe existing property owners can afford to build on their own properties whether they own the home outright or if there is a mortgage.

Residential  zoning covers 27% of the city’s land and 68% of its properties. City officials have said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built homes. It allows only single-family homes, which city officials say has contributed to exclusionary patterns and limits housing options for lower-income households. The new rezoning process is designed to loosen those restrictions and allow to double or triple housing development in established neighborhoods ignoring what the neighborhoods want.

Two years ago, the Albuquerque City Council approved amendments to the Integrated Development Ordinance (IDO)  that allows for casitas to be built on virtually all existing residential lots zoned as R-1 of upwards of 120,000 homes. The city also offered pre-approved casita architectural plans. The city’s casita development plan has been a total failure with only 14 casitas approved to be built by the City Planning Department.

The overwhelming majority of existing homeowners cannot afford the construction costs of a free-standing casita or the conversion of their homes to a duplex or townhome. Construction costs are consistent when it comes to building an entire house or adding a free-standing casita or converting a residence to a duplex or town home. There is no real differentiation between the basic construction costs to construct “affordable housing” and other types of housing.

According to the Homebuilders Digest construction costs cover everything from materials to the actual construction.  In Albuquerque there are four basic categories of construction:

1. A value-based custom home would start around $175 per square foot. This is a home that would have builder-grade finishes, such as ceramic tile, laminate flooring, basic cabinets, level one granite or quartz, aluminum or builder-grade vinyl windows, value series appliances, and basic plumbing and electrical fixtures.
2. A mid-range home would start at around $225 per square foot. Mid-range finishes would include porcelain tile, engineered wood, mid-level cabinets with soft close, level two or three granite or quartz, and a moderate budget for plumbing and electrical fixtures. It would also have premium vinyl or fiberglass windows and higher-end appliances.
3. Ahigh-end custom home would start at around $275 per square foot. This home would have all high-end custom finishes, fiberglass or wood windows, and professional appliances.
4. A home with energy efficiency features would range between $200 to $400 per square foot depending on selections for mechanical systems, windows, plumbing and lighting fixtures, cabinets, appliances, flooring, and more.

The link to the relied upon or quoted source is here:

https://www.homebuilderdigest.com/cost-guides/how-much-does-it-cost-to-build-a-house-in-albuquerque/

The minimum hard construction cost to build a 750 square foot free standing casita or convert an existing residence to a duplex by adding on 750 square feet of living space at the value base cost of $175 or the mid-range cost of $225 would between $131,250 (750 square ft. X $175) or $168,750 (750 X $225). The homeowner who does not have the cash savings to pay the construction costs, a second or third mortgage on the residence would be required.

Simply put, only developers and investors who speculate will be able to double or triple density by buying up existing homes for purposes of building casitas or converting residences to a duplex or townhome.  After that is done, the profit motive will be to sell or rent at the highest level and not for affordable housing.

ZONING CHANGES WILL DESTROY NEIGHBORHOODS

Mayor Tim Keller, the  City Planning  and City Councilors who want to allow apartment development or retail business development (i.e small convenience stores or “bodegas”) on all corner residential lots in all established neighborhoods to benefit developers and to deprive adjacent property owners the right to object and appeal. Such development will no doubt result in magnets for crime and heavy traffic patterns destroying the tranquility, livability and character of established neighborhoods.

Keller and the Planning Department erroneously believe that increased density will increase affordable housing as they simply ignore the market forces and the profit motive. They argue in essence that “flooding the market” with more housing than what is needed will result in lower cost of housing and make available more housing for sale and rent. It’s a false and very misleading narrative.

The one thing Albuquerque does have is open space that can be developed. There is no need to increase density in established neighborhoods that will destroy a neighborhood’s character. Sources within the Planning Department have confirmed the city has already “pre-platted” residential development of 125,000 to 150,000 residential lots. If  Mayor Keller, Feibelkorn and City Planning want to allow “upzoning” they should do so only on undeveloped, vacant land and vacant commercial properties and leave existing neighborhoods alone without forcing them to sue.

EXISTING RESIDENTAIL PROPERTY OWNERS CAN EXPECT PROPERTTY TAX INCREASES LEADING TO GENTRIFICATION

The Bernalillo County property tax code is clear. The taxable value of a property is 33 1/3% of the assessed value as determined by the Bernalillo County Assessor. Under the property tax code, residential property assessments may NOT rise more than 3% per year unless the property changes ownership, is improved or is REZONED. (Emphasis added.)

What should be alarming to all existing residential property owners is that the Planning Department has failed to take into account how the upzoning zoning changes from R-1 to R-L they are proposing will likely change Bernalillo County’s property value assessments and tax assessments.

Rezoning all residential property from R-1 to R-L will affect the property tax cap of 3% and allow for increases in property taxes. Simply put, increasing density increases real property values for tax assessment. Government entities never resist the temptation to increase property taxes and property taxes historically never, ever come down.

The  “upzoning” agenda of the Planning Department and Mayor Tim Keller will  make gentrification an official city policy because real property taxes will soar and lower income property owners will not be able to afford the increase in property taxes and be forced to sell their properties to speculators and developers resulting in displacement and gentrification.

One thing is clear, there is absolutely no language in the existing Integrated Development Ordinance amendments that specifically require affordable housing. There is no language in the proposed amendments that address private equity and developer price speculation.

CONCLUSION

The sinister and underhanded changes to the Integrated Development Ordinance (IDO) by the Planning Department are an affront to the general public’s bests interest and their home ownership. The general public needs to voice their concerns loud and clear before the city is simply turned over to developers who will destroy our community and make gentrification a matter of city policy.

City voters and residents are encouraged to contact their city councilors and voice their objections to the proposed amendments and attend city council meetings.

The next meeting of the City Council LUPZ committee will be held on January 28 in the City Council Chamber in basement of city hall commencing at 5:00 p.m. You can sign up to speak at the meeting the day before by going to the City Council web page.

POSTCRIPT

The link to related News and Commentary articles are here:

Steven Holman Guest Opinion Column: “The City Has Taken Underhanded Efforts To Forcefully Rezone Nearly All Single Family Properties; Homeowners And Community Groups Will Have No Recourse To Prevent Harmful Zoning; Property Taxes Can Be Raised”; Dinelli Commentary: “Only Developers And Investors Can Afford Upzoning Construction!”

 

Steve Holman Guest Opinion Column: “Upzoning” Changes To City Zoning Law Is Corporate Urbanization That Doesn’t Address Housing Costs”

 

 

 

The 2026 New Mexico legislative session begins on January 20 and ends on February 19. Thirty-day legislative sessions, commonly referred to as the “short sessions”, are focused primarily on budget matters. The agenda is set by the Governor as to what measures will be heard by the legislature.

The  budgetary process used to adopt the state’s annual budgets consists of both the governor and the Legislature releasing  separate spending plans before the start of each regular legislative session. State lawmakers then use both plans  to craft a new budget for the coming fiscal year.

Governor Lujan Grisham is in her final year in office of her second term which  ends January 1, 2027. State law prohibits an outgoing governor’s administration from spending more than half of appropriated funds before the governor leaves office at the end of December, which is the budget year’s midpoint.

This article is an in-depth report comparing both budgets and the brewing showdown between the Governor and the Legislature on universal child care.

GOVERNOR MLG’s PROPOSED  $11.4 BILLION BUDGET

On  December 22, Governor Michelle Lujan Grisham released her $11.3 billion proposed  budget for the fiscal year 2026 – 2027 which will commence July 1, 2026 and end June 30, 2027.

State spending can be  categorized as “recurring” or  “non-recurring”.  Examples of “recurring expenditures” would be creating new staff positions at state agencies or paying for increasing employee health care premiums. Examples of “non-recuring expenditures” would be one-time expenses like road construction projects. The slowed growth reflected in the governor’s 2026 proposed state budget primarily affects recurring spending.

The highlights of the governor’ proposed 2026-2027 budget include the following:

• A 4.6% spending increase of approximately $503 million. The increase is due to signs of cooling state revenue growth.
• The governor’s proposed budget contains funding to compensate for federal cuts by the Trump Administration. The state’s Health Care Authority would  receive a significant increase in spending under the governor’s proposed budget plan. The proposed spending plan calls for a $2.13 billion general fund budget for the Health Care Authority. It is an increase of $61.6 million, or 3%, over the current fiscal year, primarily to deal with federal funding cuts and changes to Medicaid and the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps. Much of the $61.6 million budget increase would go toward offsetting impacts posed by the federal budget bill signed by President Donald Trump in July which includes reducing federal funding for states’ administrative costs. The agency’s budget includes a recommended $92.9 million to provide health coverage for Medicaid enrollees who would otherwise lose coverage under the federal budget reconciliation bill known as the “One Big Beautiful Bill” signed by President Trump in July.
• A 1% salary increase for all state workers and teachers. With the state  facing a revenue slowdown, the governor’s  2026 proposed budget contains no large pay raises for government workers. The governor’s proposed 2026 budget plan appropriates $62.7million to pay for a 1% salary increases for state employee’s and teacher’s salaries. It calls for an additional 7% salary increase for law enforcement and emergency fire response personnel. The governor’s  proposed budget  includes  $13.5 million for 7% salary increases for state police and firefighting personnel. Over the last six years, the average annual salary of New Mexico state workers has increased by 47%, from about $49,950 to $73,520 per year. Average teacher’s salaries have  increased at a slightly slower rate, increasing from $49,770 to $68,670
• A $160 millionallocation for a universal childcare initiative. This is considered the  most controversial expenditure in the Governor’s proposed budget. According to the executive budget recommendation the $160 million increase brings the overall cost of childcare to $606.4 million. The governor announced the initiative in November, saying it would remove previous income limits for receiving state-subsidized childcare.
• The governor’s spending plan calls for a capital outlay package of $525 millionand a $300 million tax package with sunset provisions, making it a one-time expense as opposed to a recurring expense. The 2026-2027 proposed budget calls for hefty one-time spending, including $100 million for statewide road projects, $238 million for water projects and up to $200 million to overhaul the current site of the state fairgrounds in Albuquerque and to  possibly find a new home for the annual state fair also known as Expo New Mexico.

The 1.7 Billion in one-time appropriations include the following:

• $200 million for the Federal Reimbursement Revolving Fund, which helps to pay for responses to natural disasters
• $100 million to select, acquire and build a new State Fairgrounds, if necessary
• $100 million for State Fairgrounds revitalization projects
• $100 million for statewide road construction and maintenance projects
• $65 million for statewide affordable and attainable housing initiatives
• $65 million for the Strategic Water Supply Fund
• $60 million to the New Mexico Match Fund, which helps New Mexico locales leverage federal grants
• $49.3 million for the Quantum Benchmarking Initiative
• $45 million for statewide homelessness initiatives
• $38.5 million for career and technical education
• $35 million Indian water rights settlements
• $30 million for a reading intervention program
• $25 million for a health professional loan repayment program
• $22.5 million for complying with the terms of a settlement agreementin a lawsuit over the Rio Grande’s water supply
• $22 million for aquifer monitoring
• $21 million for statewide cybersecurity initiatives
• $20 million for the state Research, Development and Deployment Fund

The link to review the Governor’s proposed 2026 budget is here:

Click to access Executive-Budget-FY26-Digital-1.pdf

GOVERNOR’S PROPOSSAL TO MOVE STATE FAIR AND REPURPOSE FAIRGROUNDS TO INCLUDE AFFORDABLE HOUSEING

The Governor’s proposed budget contains a proposed $100 million allocation  to select, acquire and build a new State Fairgrounds.  If also contains another $100 million for State Fairgrounds revitalization projects, including affordable housing, park areas and new entertainment venues.

It was  December 3, 2024 Governor Michelle Lujan Grisham announced plans to move the New Mexico State Fair to a different location and redevelop the 236 acre State Fair property into mixed-use development including affordable housing and a new stadium. On March 21, 2025, in response to the Governor’s announcement to redevelop or move the state fair, the New Mexico legislature passed legislation creating the “State Fairgrounds District.” It is a board that has redevelopment funding authority over the existing State Fair grounds property. On June 18, 2025, the state General Services Department announced that a $844,433 contract with Stantec Consulting Services Inc. was entered into  with the State for Stantec to create a master plan for repurposing the 236-acre tract of land that has since 1938 hosted the annual New Mexico State Fair.

On December 8, 2025,  the Governor’s Office released to the public three concept plans prepared by Stantec for the development of the State Fair property with one in particular calling  for moving the fairgrounds with no recommendation where nor cost estimate to rebuild All three plans propose  affordable housing be built  and for large park areas with public access on San Pedro and Central.

Moving the State Fair has generated strong opposition by area residents. At least two previous feasibility studies have found that the cost to move and rebuild the New Mexico State Fair would be over $1 Billion dollars.

The link to a related article on the New Mexico State Fair Grounds can be found in the postscript below.

LEGISLATOR’S REACTION TO GOVERNOR’S PROPSED BUDGET

During the December 21 news conference releasing the governor’s  proposed 2026 state budget, Lujan Grisham’s Chief of Staff  Daniel Schlegel and several cabinet secretaries attributed the proposed increased state spending largely to the governor’s universal childcare initiative, as well as funding changes related to President Trump’s “One Big Beautiful Bill.”

Under the governor’s proposed budget, the state would keep about $3.4 billion in reserves.

In response to the Governor’s proposed budget, Gallup Democrat State Senator George Muñoz, Chairman of the powerful Senate Finance Committee, noted a slowdown in revenue growth, including a decline in corporate and personal income taxes. Muñoz said this about the governor’s proposed 2026 state budget:

“It’s a little bit too high for the amount of recurring money we have. … Everything’s dropping, and I do not want to come back to a special session because those revenue numbers are way too high. … We in New Mexico have done a lot of great things …  and now the economy is slowing down. … We know that corporate income tax and personal income tax, and [Gross Receipts Tax] is slowing. We know that production is leveled off, but prices are down. So, as the economy slows, so do we, because we’ve set New Mexico up so we don’t ride a roller coaster again.”

Representative Nathan Small, D-Las Cruces, the chairman of the powerful Legislative Finance Committee, said in response to the Governor’s proposed budget that the Legislature shares many of the same spending priorities as the governor’s plan. However, Small expressed concern that the spending levels proposed by the Governor would grow the state budget by too much given current economic conditions.

LEGISLATURE’S PROPOSED $11.1 BUDGET

On January 7, the Legislative Finance Committee (LFC) released the legislature’s proposed 2026-2027 state budget. The LFC  is proposing  an $11.1 billion budget plan that features significantly less proposed spending than Governor Lujan Grisham’s proposed budget of $11.4 Billion. The Legislative Finance Committee’s proposed budget of $11.1 billion represents a 2.5% increase over the current fiscal year, while the governor is proposing a 4.6% increase. The Legislative Finance Committee’s spending plan increases year-over-year state spending by about $268 million, or roughly 2.5%. It  leaves general fund reserves at a healthy 32% of proposed spending.

Following are the major highlights of the proposed LFC budget:

• The LFC’ s proposed budget calls for $1.7 billion in nonrecurring appropriations, including $328 million for transportation projects and $227 million for water projects. The LFC’s plan includes upwards of $545 million from various sources, including capital outlay and one-time appropriations, to fully fund the construction of a new school of medicine at the University of New Mexico in Albuquerque, which the LFC called a “lynchpin in an ambitious effort” to double enrollment with the end goal of expanding the state’s health care workforce.
• Nonrecurring sources of revenue, including from the “Public Education Reform Fund” and the “Government Results and Opportunity Fund” for pilot projects accommodate additional spending.
• The LFC’s nonrecurring general fund recommendation includes over $2.3 billion in special, supplemental, and deficiency spending for a broad range of projects, the transfer of set-aside funds, and transportation and Information Technology
• Recurring general fund revenues for FY27 are projected by the LFC budget at $13.9 billion, a $317 million increase for the two years since FY25. With an average increase of 2.5%, most agencies would see moderate growth under the LFC’s spending plan.
• Under the LFC proposed budget, two key natural resources agencies, the Environment Department and the Energy, Minerals and Natural Resources Department, would see above-average increases of 6% and 5%, respectively.
• The Veterans Services Department would receive a 12% increase in general fund revenue.
• The LFC committee recommends spending $73.2 million to increase the state’s share of healthcare premiums for public school employees  so that educators can keep more take-home pay. This is equivalent to a 2%  average pay increase. George Muñoz, D-Gallup, said the change could result in annual savings of about $2,000 for teachers around New Mexico making $60,000 to $70,000 per year.
• The LFC committee recommends an average 1% salary increase for state, higher education, and public school employees at a total cost of $62.7 million.
• The LFC’s nonrecurring investments include $350 million for higher education, including support for the lottery scholarship and the University of New Mexico medical school.
• The LFC’s budget includes $10 million for aquifer restoration related to Rio Grande litigation with Texas, and $40 million for a fund that supports the commercialization of science and technology research.

In contrast to the LFC’s increase spending of about $268 million, or roughly 2.5%, Governor MLG’s budget recommendation calls for spending to increase by about $503 million, or roughly 4.6%, over current levels.  The difference between the two proposed spending plans is primarily attributable to higher proposed spending amounts in Governor MLJ’s  budget in three major areas:

1. Health care administrative costs imposed because of Trump’s federal budget cuts.
2. The Governor’s Universal Child care initiative.
3. The Governor’s proposed budget contains a $100 million allocation  to select, acquire and build a new State Fairgrounds as well as another $100 million for State Fairgrounds revitalization projects.

AREAS OF AGREEMENT

There are two major areas of agreement between the Governor’s proposed  budget and the LFC’s proposed budget: state employee pay raises and funding for roads.

PAY RAISES

The LFC’s proposed budget plan, just like the governor’s plan, calls for 1% salary increases for all state workers and teachers, starting in July 2026. Those pay raises would be smaller than in recent years, but the legislative budget recommendation also calls for $73.2 million to be spent to increase the state’s share for public school employees’ health insurance premiums. A similar policy change was made last year for state workers.

ROAD FUNDING

The Governor’s budget plan  and legislative budget plans agree there is the need to repair and rebuild highways around New Mexico, as the percentage of roadways deemed acceptable in the state has decreased from 75% in 2011 to 69% in 2023. The legislative spending plan would authorize $155 million in one-time road maintenance funding, along with additional money for local and tribal governments. That’s slightly more than the $100 million for statewide road construction and repairs proposed by the governor. That’s slightly more than the $100 million for statewide road construction and repairs proposed by the governor

MAJOR DIFFERENCE IN A NUTSHELL

The major differences between Gov. Michelle Lujan Grisham’s proposed budget and the LFC’s proposed budget can be summarized as follows:

• Early Childhood Education and Care Department: a $149.6 million difference between the two with the Governor proposing a larger amount.

• Children, Youth and Families Department: a $17.2 million difference with the Governor proposing larger amount.

• Health Care Authority: a $81.6 million difference with the Governor proposing larger amount.

LEGISLATOR’S REACTION

LFC Chairman State Rep. Nathan Small, a Las Cruces described  the LFC’s  spending plan as a starting point and said there’s room for negotiation. Small said this:

“We anticipate a great deal of work with the governor and agencies and folks all across the state. … We have a really strong and incredible opportunity to make New Mexico the most affordable place to have a family and to have kiddos, which is a key way to support New Mexicans. …  We have to do that in a responsible way and that financially works.”

“The financial picture, although it is still brighter in New Mexico than in many other states, there are bigger challenges ahead, and so this does not budget the full increase that the executive proposes … We anticipate a great deal of work collaboratively in that space.”

Small said  the current fiscal year one is  of the toughest the state has experienced “in recent memory” due to external factors like tariffs and federal funding cuts, leading to a dip in state revenues after seven years of growth. Small said this:

“We can’t really underestimate … the challenges that are ahead [because of] the massive federal budget reconciliation bill President Donald Trump signed into law last year . … With hundreds of millions of dollars in federal cuts on the horizon to food, health care and other public support programs, it’s clear that we have our work cut out for us. ”

Legislative Finance Committee Vice Chairman George Muñoz, a Democratic senator from Gallup, said New Mexico has had a “great run” in recent years, due in large part to a revenue bonanza from the oil and gas industry, but he noted the economy is slowing. He emphasized the importance of a “disciplined budget” to avoid what he called “reactionary problems.”  Muñoz said this:

“We can absorb price shocks, and we can absorb federal disruptions. … Economic slowdowns we can handle, and we don’t have to cut services, and we will not see a number of midyear cuts or special sessions because we’ve created a budget that creates a balance and stability as we move forward into the next year.”

The link to review the LFC’s proposed budget plan is here:

https://www.nmlegis.gov/Entity/LFC/Documents/Session_Publications/Budget_Recommendations/2027RecommendVolI.pdf

Links to relied upon or quoted news sources are here

https://www.santafenewmexican.com/news/local_news/new-mexico-lawmakers-spending-plan-wont-fully-fund-free-child-care/article_6757d75c-55f3-40e9-bc7a-9ad9bf2402eb.html

https://www.krqe.com/news/politics-government/legislature/legislative-finance-committee-shares-11-1b-budget-recommendation/

https://sourcenm.com/2026/01/07/nm-lawmakers-budget-proposal-doesnt-fully-fund-universal-child-care/?emci=2e5410b2-eeeb-f011-8195-000d3a1d58aa&emdi=b1305139-9fec-f011-8195-000d3a1d58aa&ceid=624623

REVISITING CREATION OF UNIVERSAL CHILDCARE

It was on September 9,  2025 Governor Michelle Lujan Grisham and the New Mexico Early Childhood Education and Care Department (ECECD) announced the  historic milestone that New Mexico would  become the first state in the nation to guarantee no-cost universal childcare starting November 1, 2025.  The groundbreaking new initiative makes childcare available to all New Mexicans, regardless of income, by removing income eligibility requirements from the state’s childcare assistance program and continuing the waiver of family copayments. This amounts to an average annual family savings of $12,000 per child. 

Governor Lujan Grisham said reaching the milestone of free universal child care required asking the Legislature and New Mexico voters for sustainable sources of funding. New Mexico voters in 2022 passed a Constitutional Amendment that pushed state lawmakers to tap into a state fund and use it to build out the early childhood education system in the state. Along with the expanded access to free child care, the state  allows entities like local governments and schools to start applying for low-interest loans to expand or create new child care facilities, under the  expanded rules to the state’s Child Care Facility Loan Fund passed in the 2025  legislative session.

During the 2025  legislative session, lawmakers increased the Early Childhood Education and Care Department’s budget by $113 million to $995 million total, including $463 million specifically for child care. The state in 2020 also created a new fund  called the Early Childhood Trust Fund, which started at $320 million and now has $10 billion as of September 9.

The announcement fulfilled the promise made by  Governor Lujan Grisham  and the New Mexico Legislature when they created the Early Childhood Education and Care Department in 2019.  Since then, New Mexico has expanded access to no-cost childcare to families with incomes at or below 400% of the federal poverty level, reducing financial strain on tens of thousands of families.

New Mexico families who receive childcare assistance report greater financial stability, more time to focus on their children, and the ability to choose higher-quality care settings.  New Mexico is also taking decisive action to build the supply of infant and toddler care statewide by taking the following actions:

• Establishing a $12.7 million low-interest loan fund to construct, expand, and renovate childcare facilities, with an additional $20 million requested in the Fiscal Year 2027 budget.
• Targeting growth to focus on care for infants, toddlers, low-income families, and children with special needs.
• Partnering with employers and school districts to expand child care options for working families.
• Launching a statewide campaign to recruit licensed and registered home providers.
• To support providers, reimbursement rates will rise to reflect the true cost of care.

Programs that commit to paying entry-level staff a minimum of $18 per hour and offer 10 hours of care per day, five days a week, receive an incentive rate. Government officials  estimates an additional 5,000 early childhood professionals are needed to fully achieve a universal childcare system.

NM Early Childhood Education and Care Department Cabinet Secretary Elizabeth Groginsky said this:

“Early childhood care and education is a public good. … By providing universal access and improving pay for our early childhood workforce, we are easing financial pressure on families, strengthening our economy, and helping every child learn in safe, nurturing environments. This is the kind of investment that builds equity today and prosperity for the future.”

Governor Lujan Grisham said this when the announcement was made that New Mexico would offer no-cost universal child care:

 “Child care is essential to family stability, workforce participation, and New Mexico’s future prosperity. … By investing in universal child care, we are giving families financial relief, supporting our economy, and ensuring that every child has the opportunity to grow and thrive.  …  [Universal child care is] the backbone of creating a system of support for families that allow parents to go to work or college. … It’s going to make New Mexico extremely attractive to build your business here. … It’s going to make New Mexico extremely attractive to come here and raise your family.”

SUSTAINABILITY FOR FREE CHILD CARE RAISED

The funding and sustainability of New Mexico’s free childcare program  to all residents has raised major concerns.  The program, which previously only covered families making up to 400% of the federal poverty level, now extends to all New Mexicans. This expansion has led to concerns about the program’s cost and sustainability. Paul Gessing, president of the Rio Grande Foundation, a taxpayer watch group, referenced a report from the  Legislative Finance Committee, which warns that spending could increase from $450 million to nearly $850 million annually by 2027.  Gessing said this:

“Depending on uptake and further inflation and the challenge of bringing new providers into the system, this could just be the starting point in terms of those price increases.”

The Legislative Finance Committee report also highlights a significant increase in the number of children qualifying for the program, from just under 100,000 to 326,000, with only 31,000 care slots available. Reilly White, an economics professor at the University of New Mexico, noted the potential supply and demand issue saying this:

“We’ve increased the level of subsidies, but not the supply of available child care.”

Despite these concerns, Elizabeth Groginsky, the cabinet secretary for the state’s Early Childhood Education and Care Department, remains optimistic about the program’s sustainability. She said that care slots have increased by 20% since 2019, with an estimated 4,500 new spaces expected to open across the state. She also does not anticipate costs doubling by fiscal year 2027, estimating increases at $600 million instead of $800 million. When asked point blank if the program would be sustainable, Groginsky said this:

“Yes, I absolutely do! …  What we’re hearing from families is this has been the relief they’ve been looking for.”

Governor Michelle Lujan Grisham’s budget recommendation for fiscal year 2027 aligns with Groginsky’s calculations, suggesting $600 million in funding.

The link to the quoted or relied upon news source is here:

https://www.koat.com/article/legislative-committee-raises-sustainability-concerns-about-new-mexicos-universal-childcare-system/69859325

SHOWDOWN ON UNIVERSAL CHILD CARE LOOMS BETWEEN GOVERNOR AND LEGISLATURE

Several legislators have expressed misgivings about the hefty price tag and rollout of the Governor’s universal child care plan.  While the governor has proposed more than $160 million to expand child care assistance, the Legislative Finance Committee’s $11.1 billion budget would increase spending for the Early Childhood Education and Care Department by less than $14 million.

The Legislative Finance Committee wrote this in its released proposed budget:

“In fall 2025, the department announced it would be providing universal free childcare, which began in November 2025. … This announcement will create additional demand for Childcare Assistance without the necessary revenues to implement this policy decision should more people apply and qualify for subsidies. … ECECD requested a significant increase in general fund revenue in FY27 for universal childcare and likely will need significant additional revenue in following fiscal years.”

During the January 7  news conference at the state Capitol announcing the LFC’s proposed budget, LFC  Chairman Rep. Nathan Small, D-Las Cruces, said the LFC’s budget plan does not include an additional $160 million to prop up the program for the coming year that was included in the Governor’s executive plan.  Representative Small  said lawmakers are keenly focused on addressing affordability issues for New Mexico families, but indicated the Legislature is not fully on board with removing income limits for receiving state-paid child care.  Smalll said this:

“We have to do that in a responsible way that financially works.”

Representative  Small  pointed out the state’s child care assistance program has already seen its funding increase from about $150 million in 2022 to roughly $440 million as of this year.

Michael Coleman, the governor’s chief spokesperson, said this in a statement about  the Legislative Finance Committee’s early childhood budget proposal of significantly reduced funding:

“Governor Lujan Grisham is disappointed by the LFC’s early childhood budget proposal, but she is not surprised — and she is not deterred. … Executive and legislative budgets are rarely aligned initially. … The governor is confident the Legislature will fund universal childcare at levels that match the public’s strong support for this historic initiative.” 

COMMENTARY AND ANALYSIS

The 2026 session will be Governor Lujan Grisham’s last as Governor and for that reason she is considered a “lame duck”.  She will have far less leverage with the legislature than she has had in past sessions.

During her entire two terms  as Governor, Michelle Lujan Grisham has concentrated on improving the state’s education system, restoring the state’s mental health care system destroyed by her predecessor as well as child welfare needs to the point of creating the Early Childhood Education and Care Department.

The Governor’s proposed budget contains a $100 million allocation  to select, acquire and build a new State Fairgrounds, if necessary as well as another $100 million for State Fairgrounds revitalization projects. The Governor’s efforts to relocate and move the state fairgrounds should be rejected by the legislature and  abandoned by the Governor. The $200 Million in proposed funding  for the State Fair should be dedicated to the universal childcare funding.

There is little doubt that universal childcare will have the biggest impact on the state given the direct impact it will have on thousands of families and hundreds of thousands of New Mexico’s children long after Governor Michelle Lujan Grisham leaves office. It will be the Governor’s most lasting legacy only if the New Mexico legislature sees fit to fund the program.

The link to a related article on the State Fair is here:

Three Preliminary Concept Plans For State Fair Property Presented To State Fair District Board; Governor MLG Embraces Concept Plan To Move State Fair; Gov. MLG Falsely Claims Redevelopment Of Property Will Revitalize International District’; Parks On Property Will Be Magnets For Crime And Homeless Encampments   

On January 9,  Mayor Tim Keller announced that he has begun the process of selecting a new APD Chief to replace former APD Chief Harold Medina. Under the city charter, the Mayor appoints the APD Chief and the appointment must be approved by the Albuquerque City Council.

Chief Medina retired on  December 31, 2025 after three decades in law  enforcement. Medina was appointed by Mayor Keller APD Chief and  served as  Chief since September 2021.

On December 31, in a New Year’s Eve news release, Mayor Keller announced his appointment of APD Deputy Chief Cecily Barker as Interim APD Chief. Cecily Barker has been with  APD over 20 years and has come up through the ranks.  It is being reported she has expressed interest in applying for the position to be made permanent but has yet to apply.

PUBLIC SECTOR SEARCH & CONSULTING INC

The city has hired the outside firm Public Sector Search & Consulting Inc., to assist in the search and  selection process for a new APD Chief. The firm specializes in police executive searches and has aided dozens of large law enforcement agencies, including those in Chicago and Dallas. The city has used the firm in the past, including for the search and selection of Deputy APD Chief.

According to its web site, Public Sector Search & Consulting holds itself out as a “boutique executive” search firm that  serves a limited number of clients and emphasizes a higher level of responsiveness. It is an executive staff search firm that focuses exclusively on recruiting police executives. The firms recruiters are former police chiefs who have extensive knowledge and expertise in both contemporary policing and recruiting practices. The firm proclaims its understanding of the candidate pool is unrivaled and that every new search it conducts relies on  their vast network of police leaders.

The link to their web site is here:

Homepage

According to the city of Albuquerque’s public records website, the firm’s contract began January  2 and has a maximum limit of $100,000.  Applications are already being submitted. According to APD spokesperson Gilbert Gallegos, as of January 8,  six people have applied for APD Chief.

Gallegos said there was no firm timeline for announcing the next selection, but he expects the process to move faster than when Chief Medina was chosen. When former APD chief Michael Geier announced he was retiring in 2020, it took Mayor Keller  upwards of  six months to choose Medina as Geier’s  permanent replacement even though Medina had been serving as Interim Chief.

According to a news  release, community input sessions will be scheduled so residents, advocates, organizations and businesses can “identify the leadership qualities, experience and priorities desired in the next chief of police,” the release states.  Residents will also be able to take a community survey to “ensure broad and meaningful input. “

Mayor Tim Keller said this in a January 8 news release:

“We are in a very different environment now that we completed our reform efforts with the Department of Justice; our crime-fighting strategies are working, and we are attracting more officers.  … We also know the community is still concerned about safety. We have an opportunity to choose a police chief who will rise to meet today’s challenges, like the proliferation of fentanyl and long-standing cracks in the criminal justice system.”

Links to quoted or relied upon news sources are here:

https://www.krqe.com/news/albuquerque-metro/city-of-albuquerque-begins-search-for-new-albuquerque-police-chief/

https://www.koat.com/article/albuquerque-process-select-new-police-chief/69961764

https://www.abqjournal.com/news/albuquerque-launches-search-for-new-police-chief/2956953

https://abqraw.com/post/100000-city-contract-awarded-to-find-next-police-chief/

HOW LONG WILL KELLER TAKE?

On December 9, Mayor Keller was elected to a third 4 year term and he must now find a person who will be his third APD Chief. The process could take mere weeks or months. Mayor Keller said this about the process of selecting a new chief:

“You either early on, find somebody and you really want to go with, and then it goes fast. Let’s say three months. … Or you’ve got four or five people that you like, and so you really got to vet them and interview them and get lots of input. Then it pushes it out to, like, nine months.”

Mayor Keller said the long process will be all an effort to find someone who “checks every box.” That includes understanding Albuquerque and the challenges the city faces. The main priority, however, is keeping crime on a downward trend. Keller said this:

“Harold started that process [of keeping crime on a downward trend] , and it has been achieved through technology, through the use of civilians, and through much stronger investigative work. So we want the new chief to be able to build on those, but also come in with some new ideas. … We know we got to look around. … It could be national, in a sense of from another city, but maybe it’s also local. You know, maybe there’s state police or someone from Las Cruces.”

COMMENTARY AND ANALYIS

Mayor Tim Keller’s appointment of Cecily Barker as APD Interim Chief came as absolutely no surprise to APD watchers and city hall insiders. Her appointment was 100% expected. Former APD Chief Harold Medina advocated for one of his appointed Deputy Chief’s to take his place saying “I hope that I left a strong bench for mayor to look at and choose.”

Confidential sources have confirmed that former APD Chief Harold  Medina had been grooming Deputy Chief Cecily Barker to be his replacement as Chief for some time. The same sources have said that Mayor Keller has been “champing at the bit” to appoint the first female APD Chief in the city’s history as he has done with the appointment of  Fire Chief Emily Jaramillo.

It has  been reported that Interim Chief Cecily Barker is interested in being made permanent and that she will apply. Such a scenario has happened before. Mayor Keller has proclaimed in the past there will be a national search for a new chief, which is identical to what he said when he fired former APD Chief Geier and eventually appointed APD Chief Harold Medina, who Keller had appointed Interim Chief.

The selection process used by Keller that ultimately resulted in the appointment of Chief Harold Medina was considered by many a politcal sham.  Once Medina applied to be appointed Chief, it was a forgone conclusion that Keller would appoint him Chief. The blunt reality is that APD sworn police and in particular the APD Union will resist anyone from outside of APD.

APD NEEDS COMPLETELY NEW LEADERSHIP AND REORGANIZATION

The Albuquerque Police Department employs 1,880 full time employees which includes more than 950 sworn police officers. APD  has an annual approved budget of $271.5 million dollars. APD employs upwards of 20% of all city hall employees and has the largest budget of all the 27 departments. It is because of the department’s sure size that a strong management team is needed and not just a Chief.

APD is a train wreck. It is  top heavy with mid-management and plagued by a DWI dismissal scandal. Keller needs to appoint a new APD Chief and Deputy Chiefs and not just Medina loyalists or cronies.  Mayor Keller needs to replace the entire Chief’s command staff and completely reorganize the department for a new generation of leadership.

APD cannot deal with the city’s high crime rates because APD’s sworn personnel is at 950. For the last 10 years, recruitment has been stagnant and the department has not been able to keep up with retirements despite being the best paid law enforcement department in the state. As it stands, there are only 350 out of 950 sworn police assigned to the six area commands, broken down into 3 shifts and patrolling the streets responding the hundreds of thousands of calls for service a year.

Simply put, APD needs far more than one new Chief. It needs a whole new generation and management team of top command staff of Chief and Deputy Chiefs who need to come from outside of APD. If the entire command staff that Chief Medina has put in place over the last 5 years is not replaced, including all the Deputy Chiefs, there is little to no chance APD will change. APD will revert back to the old ways that brought on the Department of Justice (DOJ)  consent decree that lasted for 10 years with the city paying millions of taxpayer dollars to institute constitutional policing practices.

The award of a contract to Public Sector Search & Consulting Inc. is a good start and ostensibly signals that a national search for a new APD Chief will happen. But the work of Public Sector Search & Consulting Inc. must  be expanded to include a search for a whole new management team consisting of  one Chief and 2 or perhaps 3 Deputy Chiefs that a new chief can bring with them, trust and rely upon.  

Hope springs eternal that Mayor Tim Keller will in fact do a national search for a new APD Chief and Deputy Chiefs and that the search is not a political sham to replace Harold Medina and not simply meant to appoint a Medina crony who will continue with his management policies and archaic management style.

This article in an in-depth report on two major developments on rebuilding the New Mexico Mental Health Care System and how the mentally ill will be provided with desperately need services. It reports on how they will be dealt with by the criminal justice system and the courts. The article also provides the historical and legislative action and  changes in the laws dealing with the mentally ill and the unhoused that was required to get both accomplished.

SIX BEHAVIORAL HEALTH CARE CLINICS OPENING, MORE TO COME

Back in 2013, many of the state’s behavioral health clinics were dismantled by then Republican Governor Susana Martinez. On December 13, 2025, KRQE News 13 reported that now, a full 12 years later, in response to the need for substance use and mental health treatment, the New Mexico Health Care Authority is opening up six clinics across the state.

New Mexico Solutions in Bernalillo County is one of six new behavioral health clinics that  opened on January 1 under the New Mexico Health Care Authority’s (HCA) certified community behavioral health clinic designation. New Mexico Solutions CCBHC Project Director Victoria Standley said a big problem she has seen in the county is getting help quickly, which she’s hoping they’ll help solve by expanding their hours. Standley said this:

“A lot of the time they have to wait weeks, months to get in, and once you get in, you have to do all these steps before seeing somebody. … So we already have great access, but we are improving access.”

Standley said they’re also developing a mobile crisis team to bring people on the street into their clinic for services.

The five other new clinics will open in Santa Fe, Rio Arriba, Curry, Lea, and Doña Ana counties, which will bring the total to 13. New Mexico HCA Behavioral Health Services Director Nick Boukas said this:

“We’re really excited to bring these services that serve all age groups regardless of if they can pay into their community, so they don’t have to travel far distances to get the help they need.”

Boukas said these clinics were chosen in part because there’s been an increase in overdoses in these areas, and in turn an increased need for substance use and mental health services. Boukas said this:

“These providers are gonna be based in those communities and can work with them directly because they’re gonna be more trusted because they know the community.”

Boukas believes the additional six opening  will make a difference in helping people navigate the system and said this:

“They will have agreements for inpatient, and services they cannot provide, they’ll have contracted services so we’re not leaving somebody to have to Google or go through the phone book trying to figure out what do I do next.”

The HCA said that once these six open next year, they will start working to open up more across the state.

The following agencies are certified and began services January 1:

• Guidance Center of Lea County – Hobbs
• New Mexico Solutions – Albuquerque
• La Clinica De Familia – Las Cruces
• Mental Health Resources – Clovis
• Presbyterian Medical Services – Española and Santa Fe

These clinics opened in 2025 as certified community behavioral health clinics:

• University of New Mexico Health System – Bernalillo and Sandoval Counties
• Carlsbad Life House – Eddy County
• Families and Youth Innovations Plus – Doña Ana County
• Santa Fe Recovery Center – Santa Fe and McKinley Counties
• Presbyterian Medical Services, Farmington Community Health Clinic – San Juan County

The link to the quoted and relied upon news source is here:

https://www.krqe.com/news/new-mexico/six-new-behavioral-health-clinics-coming-to-new-mexico-through-hca-certification/

BERNALILLO COUNTY METROPOLITAN DIVERSION COURT

On January 6, the Metropolitan Court Diversion Court was launched. The new court will redirect people with serious mental illness into treatment as an alternative to criminal prosecution for minor and nonviolent crimes. The new court will deal with people who previously have had criminal charges dismissed because they were found incompetent to stand trial. The criminal competency Diversion Court is the fifth such program statewide and is  the first in the state’s largest county.

During the recent Special Session of the New Mexico legislature that ended on October 2, 2025,  the legislature enacted legislation which allows the Bernalillo County Metropolitan Court to determine competency which previously was only allowed by the State District Court. 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.

State lawmakers appropriated $293,000 a year for the Diversion Court which will pay for a program coordinator and two case managers, or navigators, to direct people to appropriate mental health and substance-abuse treatment and basic services such as housing. The funding also will pay for the program’s behavioral health service provider, Albuquerque-based A New Awakening.

The Diversion 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 Diversion Court will be able to 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.

Candidates for the program are people charged with misdemeanors and nonviolent felonies, excluding those facing drunken-driving charges. The program comes at a time when encampment sweeps around Albuquerque have increased significantly and have  led to an increase in misdemeanor charges like unlawful camping and blocking the sidewalk. The program provides an alternative for a judge who otherwise would have little choice but to dismiss the charges.

In cases involving the unhoused or those with mental illness, misdemeanor citations often lead to jail stays down the line due to missed court hearings. According to a Bernalillo County jail population dashboard, just over 7,000 people were booked on misdemeanor charges in 2025. The competency diversion program is intended to guide people with severe mental illness into services that may include housing, medical needs and appropriate mental health or substance-use treatment.

At the January 6 ceremony announcing the Diversion Court, where upwards of 100 people attended, New Mexico Supreme Court Justice Briana H. Zamora shared her experiences as a trial judge where he observed a decline in the well-being of criminal defendants who returned to her courtroom time and again. Judge Zamora said this:

“At the beginning, especially here at Metro Court, they would come with their family members, their relatives, their friends. … After about 20 or 30 cases, or a few years later, they came alone. They were unhoused and they had no support. [Struggling families would ask to order treatment and services]  and within the constraints of the law, I was unable to do so. … I as a judge, of course, I want to apply the law, but I also want to ensure that justice is done. And without any programs in place, without any place to refer them, my hands were tied. There was nothing I could do, and it just broke my heart to see these families and friends who were desperately trying to help out their loved ones and had no avenue to do so. …” 

Bernalillo County Metro Court Judge Nina Safier is the Presiding Judge for the Diversion Court. She said the criminal competency diversion court is intended to restore services to people caught up for years in the criminal justice system. Judge Safier said this:

“By the time you end up in jail, you have fallen through many cracks. … We have to reconnect people with the services that got pulled from underneath them, because the criminal justice system and jail is not going to help. … As a competency court judge, the most common request I hear is, ‘Judge, we just want them to get help.’ And as Justice Zamora said, the answer before was, ‘That’s not the process.’ Now the process can take on a new direction. You can reconnect with the services that people suffering — our communities are watching, their families want them to get help.”

Judge Safier said a key element of the Diversion Court is trained staff who can help obtain treatment and services for people who otherwise have difficulty navigating the system. She said staff members also can bump people to the head of the line for needed services.

Bennett Baur, the chief public defender for the New Mexico Law Offices of the Public Defender, said he is uncertain how the program will work but applauded the effort to find alternatives to prosecution for people with severe mental illness. Baur said this:

“I think it’s a really good thing for us to look at different ways to address serious behavioral health issues, rather than just depending upon prosecution, jail and prison, which clearly doesn’t work for these folks. … I’m concerned that there may not be enough appropriate treatment, but let’s give this a chance.”

The Administrative Office of the Courts has launched four competency diversion courts since mid-2024. Those courts are  in the 3rd Judicial District in Las Cruces, the 4th Judicial District in Las Vegas, the 1st Judicial District in Santa Fe and the 12th Judicial District in Otero and Lincoln counties.  So far, nearly 60 people statewide have already graduated from the diversion court programs.

The links to the relied upon or quoted news sources are here:

https://www.kob.com/new-mexico/new-pilot-program-aims-to-break-cycle-for-nonviolent-offenders/

https://www.abqjournal.com/news/metro-court-program-offers-new-treatment-options/2955055

https://www.abqjournal.com/news/metro-court-program-aims-to-treat-mentally-ill-defendants/2952594

HOW COMPETENCY DIVERSION COURT WORKS

On December 13, 2025 the Albuquerque Journal published a guest opinion column by Metropolitan Court Judge Nina Safier who is the presiding  judge over the Bernalillo County Metropolitan Court Diversion Court. In her Journal guest column, Judge Safier wrote about how the Diversion Court works and she wrote this in part:

When a defendant’s attorney, the prosecutor or the presiding judge has concerns that a person may be suffering from a mental illness or other conditions — to a degree that prevents them from understanding the criminal proceedings and assisting in their own defense — an evaluation to determine whether they are competent to face prosecution is required by law.

For decades, individuals experiencing mental illness who were charged with nonviolent crimes remained in limbo for extended periods of time while costly professional forensic evaluations were completed. Those evaluations often ended with the conclusion that the individual was legally incompetent to stand trial, and the case was dismissed, foreclosing any further prosecution. In more serious cases, after additional Court determinations regarding dangerousness, cases were transferred to the state’s Behavioral Health Institute for competency restoration treatment, and/or civil commitment might also have been part of the competency process.

 The current forensic competency examination process is expensive, lengthy and only serves the purpose of determining whether a person is competent to stand trial. The process is not designed to connect individuals with treatment or address other needs they may have.

The newly created Competency Diversion Program team will work to identify and screen qualified individuals when they are first booked into the Metropolitan Detention Center on eligible nonviolent charges. That includes individuals with a history of prior competency assessments or those identified by scored intake screenings.

Upon identifying an individual with a documented history of mental illness, the assigned state prosecutor and defense counsel must both agree to refer the case to the pilot program.

After referral to the diversion program, a defendant will not go through the competency evaluation process. Instead, trained staff, called “navigators,” will refer and help participants engage with appropriate services in the areas of housing and medical needs, inpatient or residential treatment, intensive outpatient treatment or community-based treatment for mental health and/or substance use. Participants will voluntarily consent to any behavioral health treatment. It is not court ordered. Competency Diversion program managers will assess and monitor the participant for compliance with those community-based services.

People facing misdemeanor charges will be referred to the program for three to six months, while those facing nonviolent felony charges will be referred for six months to a year. The Court will dismiss the charges if and when individuals successfully complete a needs-based plan developed in collaboration with their navigator and behavioral health provider. Those who fail to remain engaged with program’s requirements will be terminated and the original criminal proceedings will resume.

With funding provided during a special legislative session last year, the diversion pilot program for competency-related cases is up and running in four judicial districts here in New Mexico with promising results. This new approach to helping one of our state’s most vulnerable populations is designed to hold defendants accountable while providing them with meaningful rehabilitation.

Our jail facilities and the criminal justice system were not created to provide long-term care and oversight for those struggling with mental illness. We can and should try to make our communities safer and healthier by helping individuals connect with and receive the services they most need.

In cases involving minor, nonviolent crime, spending extensive time and resources deciding whether someone can understand their criminal charges and participate in their defense is an outdated endeavor. It is time we ask a new question — how can we help meet the needs of this population to prevent them from coming back into the criminal justice system again?

No process is guaranteed to address everyone’s unique circumstances and challenges. This new approach has been created to help encourage and connect people with existing services so they can achieve better outcomes. Reducing arrests while helping individuals is definitely a step in the right direction for Albuquerque.

The link to Judge Nina Safier’s full guest column is here:

https://www.abqjournal.com/opinion/opinion-moving-from-dismissal-to-accountability/2938589

RECALLING THE GUTTING OF NON-PROFIT MENTAL HEALTH CARE PROGRAMS BY GOVERNOR SUSANA MARTINEZ

One of the cruelest things that Republican Governor Suzana Martinez did as Governor was order an “audit” of mental health services by nonprofits in New Mexico. The audit devastated New Mexico’s behavioral health system. In 2013, more than 160,000 New Mexicans received behavioral health services with most of those services funded by Medicaid according to the Human Services Department at the time.

In June 2013, under the direction of Governor Martinez, the Human Services Department cut off Medicaid funding to 15 behavioral health nonprofits operating in New Mexico. The Martinez Administration said that the outside audit showed more than $36 million in overbilling, as well as mismanagement and possible fraud. The audit was false and a politcal hatchet job. The Martinez Human Services Department agency brought in the 5 Arizona providers to take over.

In early 2016, 13 of the 15 nonprofits that were shut down were exonerated of all fraud charges by New Mexico Attorney General Hector Balderas. Even though AG Balderas found no fraud and cleared the nonprofits of fraud, the damage had been done to the nonprofits and many just went out of business. Lawsuits ensued and the Governor Lujan Grisham Administration was stuck settling most of the cases out of court to the tune of millions of taxpayer dollars.

Three of the five Arizona providers brought in by Governor Susana Martinez’s administration in 2013 to replace the New Mexico nonprofits pulled up stakes in New Mexico and the states mental health system never fully recovered.

The freezing of Medicaid funding to 15 providers over false fraud and false overbilling accusations and intentionally gutting the state’s mental health care system can only be described as  cruel and vicious conduct by a political hack. For the past 12 years, the state is still  playing  catch up to fill the void to provide mental health care services to those who desperately need them.

https://www.abqjournal.com/749923/third-arizona-behavioral-health-provider-to-pull-out-of-state.html

EXTENT OF CRISIS 

A recent report  by the New Mexico Justice Reinvestment Working Group astonishingly found that 65% of individuals who enter the state’s criminal justice system have a behavioral health need and that the criminal justice system cannot provide necessary medical  treatment and facilities. According to Kaiser Family Foundation data, New Mexico has one of the nation’s highest suicide rates, and more than one-third of state residents reported anxiety or a depressive disorder in 2023.

Adrian Avila, the chief of staff for the New Mexico  Senate Finance Committee, was tasked with taking the lead on crafting the package after a special session called by Gov. Michelle Lujan Grisham ended with the Democratic-controlled Legislature declining to take up all of the governor’s crime-focused agenda.

Avila went so far as to traveled to Miami Florida  with behavioral health advocates to tour  the  Miami-Dade County  Court diversion program that has drawn accolades for its success. Avila said the “Miami model” would not be totally feasible in New Mexico because the state’s population is not as densely concentrated.

Avila described the package that grew out of countless meetings and negotiations as a “bottom-up” approach to tackling mental health and drug abuse issues across the state.

On February 4, 2025,  Avila told the Senate Finance committee this:

“We’re creating an entire ecosystem here.”

Democrat Majority Floor Leader Peter Wirth of Santa Fe and Republican Senate Minority Floor leader William Sharer of Farmington  jointly sponsored Senate Bill 1 of the behavioral health legislation. On February 4, 2025, they presented their legislation together to the Senate Public Affairs Committee. Several other top Republicans and Democrats  teamed up to carry the bills. Republican Senator Sharer said this of the $1 Billion funding:

“Things are getting worse, not better. … This is a huge, huge amount of money, but also a huge accountability piece. … So this is it.”

2025 POINT-IN-TIME (PIT) REPORT ON CITY’S HOMELESS

On November 17, 2025 the New Mexico Coalition to End Homelessness released the 2025 Point-In-Time (PIT) Report for the numbers of unhoused in Albuquerque. The link to review the entire 62-page 2024 PIT report is here:

https://568ac5c8-a616-4ffa-987e-7f77d5d1e6aa.filesusr.com/ugd/ad7ad8_0b3a57c7ce914d7f9bc94b6ea37be15c.pdf

The highlights of the 2025 Point-In-Time (PIT) Report data as it relates to Albuquerque can be summarized in a nutshell as follows:

2,960 total homeless people were reported in Albuquerque, which broken down is as follows:

• 1,367 are reported as unsheltered people
• 1,327 are reported in emergency shelters which is up from 658 in 2011
• 266 in transitional housing with women more prevalent than men in this type of housing
• 8% of people reported experiencing homelessness for first time
• 2,566 total are reported as homeless groups/families in Albuquerque

The PIT  report showed of the 1,367 unsheltered people, 49.8% of them said they were experiencing homelessness for the first time, a “sharp uptick” that may be linked to things such as inflation and repeals of pandemic-era relief programs, including an eviction moratorium.

The 2025 PIT study found nearly 50% of respondents were not from New Mexico.  A majority of transplants said they were from Texas, Arizona or Colorado. About 36% of those respondents said they were not homeless prior to moving to New Mexico.

In the last three years, the city has spent upwards of $300 million on homeless shelters, programs and purchasing and remodeling motels for low-income housing. In 2021, the city acquired the Lovelace Hospital complex on Gibson for $15 million and has spent upwards of $90 million to remodel it into the Gateway shelter.

The fiscal year 2026 approved General Fund budget for the Health, Housing and Homelessness Department is $53.3 million. The sum includes $48 million for strategic support, health and human services, affordable housing, mental health services, emergency shelter services, homeless support services, shelter operations, substance abuse services and $4.2 million for the Gibson Gateway maintenance division.

The Gateway Network consists of 5 shelters costing a staggering $300 Million dollars spent over the last 3  years to assist upwards of 3,000 to 5,000 unhoused.

https://www.abqjournal.com/news/article_42aba680-62c4-4228-95a2-da72df1a34e1.html

https://citydesk.org/2025/09/10/albuquerque-becomes-new-mexicos-homeless-hub-as-gateway-contracts-add-100-beds/?mc_cid=b9e7b25ad7&mc_eid=001367acf1 

2025 ENACTEMENT OF BEHAVIORAL HEALTH PACKAGE

It was during the 2025 New Mexico legislative session that New Mexico’s   behavioral health care system emerged as a major priority as lawmakers grappled with how to reduce violent crime rates, drug abuse and homelessness. A bipartisan approach emerged after interim committee meetings during the summer of 2024 that rejected Governor Lujan Grisham’s proposed legislation for involuntary commit of those who suffer from severe mental illness and who pose a serious risk to themselves and others.  It was an attempt to remodel a fragmented and largely ineffective state behavioral care health system.

During the 2025 New Mexico legislature,  three Senate Bills were enacted:

Senate Bill 1: This bill  created a $1 Billion-dollar  behavioral health trust fund that would be invested by the State Investment Council. A yearly distribution of 5% of the fund’s value.  or $50 million at the start,  would be made to help fund programs statewide.

Senate Bill 2: This bill  appropriated $140 million 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 required 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 timelines and regional funding priorities.

JUDICIARY IN CHARGE OF NEW MENTAL HEALTH CARE MODEL

Under the enacted legislation, the new mental health care model is placed in charge of the State Judiciary for planning while leaving the state Health Care Authority largely in charge of overseeing funding. This is a dramatic change from the previous  system that largely fell under the executive branch’s jurisdiction.

The enacted legislation increased accountability by requiring regional plans outlining priorities for providing mental health and substance abuse treatment. The new $1 billion trust fund provides at least $50 million of annual funding to support the regional plans, which would largely be overseen by the state’s judiciary.

During the 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.

https://www.abqjournal.com/news/article_aa158e90-d9c9-11ef-aa34-477662558954.html

https://newmexicosun.com/stories/669238888-new-mexico-chief-justice-seeks-funds-for-court-modernization-and-security

MENTAL HEALTH COMMITMENTS

During the 2025 legislature, legislation was enacted changing the process for evaluating whether criminal defendants are competent to stand trial. House Bill 4 was enacted and specifically requires that competency evaluators determine whether defendants are dangerous to themselves or others.

After a competency hearing, and if a defendant is found not to be competent, a judge then decides whether the defendant poses a threat. Based on that determination, a defendant would either be ordered to attend an assisted outpatient treatment program or be sent to the state Behavioral Health Institute in Las Vegas, New Mexico.

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 biggest hurdle in the Behavioral Health legislation was that there was a shortage of available facilities to send those committed for treatment with funding to build such facilities

COMMENTARY AND ANALYSIS

After a full twelve years, at last it can be said that significant, tangible progress is  being made to address the states mental health  and unhoused crisis. It has  been accomplished on two separate levels: establishing  behavioral health clinics and the diversion courts to deal with the mentally ill or drug addicted.

THE UNHOUSED CRISIS 

The unhoused crisis in Albuquerque has only gotten worse over the last few years. The city has built a Gateway network  that includes 5 emergency shelters but many homeless people refuse the city shelter and services. What sticks out is the staggering amount of $300 Million  spent over three years to establish the five Gateway shelter system with upwards of $60 Million a year now being spent to try and provide assistance to so few, estimated to be upwards of 3,000 unhoused identified by the PIT count. The city and charitable providers say the likely actual figure of unhoused is upwards of 5,000 because many are not identified by the PIT survey.

The biggest problem is that  upwards of 75% of the unhoused refuse city services. Complicating matters is the fact that the 2025 PIT study found nearly 50% of respondents were not from New Mexico indicating the the unhoused are migrating to the city.  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 TO INITIATE MENTAL HEALTH COMMITMENTS

It is likely that the Albuquerque Police Department and the city’s 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’ office  should form specialized unit of at least four attorneys to deal exclusively with civil mental commitment actions in the Metropolitan Court’s new Diversion Court. The state or courts would  provide  funding for  the mental health services provided by the state through the Behavioral Health Trust Fund and  the Behavioral Health Reform Package. The District Attorney should  cross deputized Assistant City Attorney’s, supported with para legals, to initiate mental health commitment to work in unison with the Bernalillo County District Attorney’s Office. Such an arrangement of cross deputization of Assistant City Attorney’s has occurred in the past with the City Attorney’s Metro Court Traffic Court arraignment program that processed at one time 60,000 cases a year negotiating plea agreements.

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 “Diversion Court” with the State providing mental health services to those committed for mental health and substance abuse treatment.

CONCLUSION

With the opening of a  New Behavioral Health Clinic in the city,  and  the launching of the  Metropolitan Criminal Competency Diversion Court, the city stands a fighting change of reducing the number of unhoused on the streets and getting the mentally ill and the drug addicted the health care they so desperately need to turn their lives around and getting them off the streets.