HB 52

                                1  HOUSE BILL 52
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Andrea Reeb and Luis M. Terrazas and Pete Campos
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO STATUTORY RECONCILIATION; CORRECTING CROSS-
                                12   REFERENCES TO SECTION 33-2-34 NMSA 1978 (BEING LAWS 1999,
                                13   CHAPTER 238, SECTION 1, AS AMENDED BY LAWS 2025, CHAPTER 29,
                                14   SECTION 1 AND BY LAWS 2025, CHAPTER 79, SECTION 4) BY MAKING
                                15   CONFORMING AMENDMENTS TO SECTION 30-7-16 NMSA 1978 (BEING LAWS
                                16   1981, CHAPTER 225, SECTION 1, AS AMENDED), SECTION 31-3-12 NMSA
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                                17   1978 (BEING LAWS 2022, CHAPTER 56, SECTION 28), SECTION
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                                18   31-9-1.2 NMSA 1978 (BEING LAWS 1988, CHAPTER 107, SECTION 3 AND
                                19   LAWS 1988, CHAPTER 108, SECTION 3, AS AMENDED), SECTION
                                20   31-9-1.4 NMSA 1978 (BEING LAWS 1988, CHAPTER 107, SECTION 5 AND
                                21   LAWS 1988, CHAPTER 108, SECTION 5, AS AMENDED), SECTION
                                22   31-9-1.5 NMSA 1978 (BEING LAWS 1988, CHAPTER 107, SECTION 6 AND
                                23   LAWS 1988, CHAPTER 108, SECTION 6, AS AMENDED), SECTION
                                24   31-9-1.6 NMSA 1978 (BEING LAWS 1997, CHAPTER 153, SECTION 1, AS
                                25   AMENDED), SECTION 31-18-16 NMSA 1978 (BEING LAWS 1977, CHAPTER
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                                1    216, SECTION 5, AS AMENDED), SECTION 33-2A-3 NMSA 1978 (BEING
                                2    LAWS 2002, CHAPTER 8, SECTION 3) AND SECTION 33-11-3 NMSA 1978
                                3    (BEING LAWS 1988, CHAPTER 78, SECTION 3, AS AMENDED).
                                4
                                5    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                6  SECTION 1.    Section 30-7-16 NMSA 1978 (being Laws 1981,
                                7    Chapter 225, Section 1, as amended) is amended to read:
                                8  "30-7-16.    FIREARMS OR DESTRUCTIVE DEVICES--RECEIPT,
                                9    TRANSPORTATION OR POSSESSION BY CERTAIN PERSONS--PENALTY.--
                                10  A.   It is unlawful for the following persons to
                                11   receive, transport or possess a firearm or destructive device
                                12   in this state:
                                13  (1)   a felon;
                                14  (2)   a person subject to an order of protection
                                15   pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or
                                16  (3)   a person convicted of any of the following
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                                17   crimes:
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                                18  (a)   battery against a household member
                                19   pursuant to Section 30-3-15 NMSA 1978;
                                20  (b)   criminal damage to property of a
                                21   household member pursuant to Section 30-3-18 NMSA 1978;
                                22  (c)   a first offense of stalking pursuant
                                23   to Section 30-3A-3 NMSA 1978; or
                                24  (d)   a crime listed in 18 U.S.C. 921.
                                25  B.   A felon found in possession of a firearm shall
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                                1    be guilty of a third degree felony.
                                2  C.   A serious violent felon that is found to be in
                                3    possession of a firearm shall be guilty of a third degree
                                4    felony, and notwithstanding the provisions of Section 31-18-15
                                5    NMSA 1978, shall be sentenced to a basic term of six years
                                6    imprisonment.
                                7  D.   Any person subject to an order of protection
                                8    pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978 or convicted
                                9    of a crime listed in Paragraph (3) of Subsection A of this
                                10   section who receives, transports or possesses a firearm or
                                11   destructive device is guilty of a misdemeanor.
                                12  E.   As used in this section:
                                13  (1)   except as provided in Paragraph (2) of
                                14   this subsection, "destructive device" means:
                                15  (a)   any explosive, incendiary or poison
                                16   gas:   1) bomb; 2) grenade; 3) rocket having a propellant charge
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                                17   of more than four ounces; 4) missile having an explosive or
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                                18   incendiary charge of more than one-fourth ounce; 5) mine; or 6)
                                19   similar device;
                                20  (b)   any type of weapon by whatever name
                                21   known that will, or that may be readily converted to, expel a
                                22   projectile by the action of an explosive or other propellant,
                                23   the barrel or barrels of which have a bore of more than one-
                                24   half inch in diameter, except a shotgun or shotgun shell that
                                25   is generally recognized as particularly suitable for sporting
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                                1    purposes; or
                                2  (c)   any combination of parts either
                                3    designed or intended for use in converting any device into a
                                4    destructive device as defined in this paragraph and from which
                                5    a destructive device may be readily assembled;
                                6  (2)   the term "destructive device" does not
                                7    include any device that is neither designed nor redesigned for
                                8    use as a weapon or any device, although originally designed for
                                9    use as a weapon, that is redesigned for use as a signaling,
                                10   pyrotechnic, line throwing, safety or similar device;
                                11  (3)   "felon" means a person convicted of a
                                12   felony offense by a court of the United States or of any state
                                13   or political subdivision thereof and:
                                14  (a)   less than ten years have passed
                                15   since the person completed serving a sentence or period of
                                16   probation for the felony conviction, whichever is later;
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                                17  (b)   the person has not been pardoned for
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                                18   the felony conviction by the proper authority; and
                                19  (c)   the person has not received a
                                20   deferred sentence;
                                21  (4)   "firearm" means any weapon that will or is
                                22   designed to or may readily be converted to expel a projectile
                                23   by the action of an explosion or the frame or receiver of any
                                24   such weapon; and
                                25  (5)   "serious violent felon" means a person
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                                1    convicted of an offense enumerated in Subparagraphs (a) through
                                2    (n) of Paragraph (4) of Subsection [L] N of Section 33-2-34
                                3    NMSA 1978; provided that:
                                4  (a)   less than ten years have passed
                                5    since the person completed serving a sentence or a period of
                                6    probation for the felony conviction, whichever is later;
                                7  (b)   the person has not been pardoned for
                                8    the felony conviction by the proper authority; and
                                9  (c)   the person has not received a
                                10   deferred sentence and completed the total term of deferment as
                                11   provided in Section 31-20-9 NMSA 1978."
                                12        SECTION 2.   Section 31-3-12 NMSA 1978 (being Laws 2022,
                                13   Chapter 56, Section 28) is amended to read:
                                14        "31-3-12.    AVAILABILITY OF GLOBAL POSITIONING SYSTEM DATA
                                15   ON DEFENDANTS ON PRETRIAL RELEASE.--Any public entity that
                                16   possesses or controls global positioning system data with
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                                17   respect to a defendant on pretrial release shall make that data
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                                18   available without a warrant to a law enforcement officer
                                19   pursuant to an ongoing and pending criminal investigation for
                                20   which there is reasonable suspicion to believe the data will be
                                21   probative.   Any data provided to the law enforcement officer
                                22   shall be limited to data that relates to the criminal
                                23   investigation and is not more than one year old.     The data
                                24   shall not be made a part of any public record unless admitted
                                25   as evidence during a criminal trial.    The law enforcement
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                                1    officer may request immediate access to the data if it involves
                                2    an investigation of:
                                3  A.   any of the following serious violent felony
                                4    offenses:
                                5  (1)   murder in the first degree;
                                6  (2)   first or second degree felony human
                                7    trafficking of a child;
                                8  (3)   first degree felony abuse of a child;
                                9  (4)   sexual exploitation of a child
                                10   constituting at least a second degree felony; or
                                11  (5)   a serious violent felony offense as
                                12   provided in Subparagraphs (a) through (n) of Paragraph (4) of
                                13   Subsection [L] N of Section 33-2-34 NMSA 1978;
                                14  B.   a felony offense during which a firearm was
                                15   brandished pursuant to Section 31-18-16 NMSA 1978 or during
                                16   which a firearm was discharged; or
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                                17  C.   a felony offense during which great bodily harm
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                                18   was inflicted as defined in Section 30-1-12 NMSA 1978 or that
                                19   caused the death of a person."
                                20        SECTION 3.    Section 31-9-1.2 NMSA 1978 (being Laws 1988,
                                21   Chapter 107, Section 3 and Laws 1988, Chapter 108, Section 3,
                                22   as amended) is amended to read:
                                23        "31-9-1.2.    DETERMINATION OF COMPETENCY--COMMITMENT--
                                24   REPORT.--
                                25  A.   If, after a competency hearing, a court
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                                1    determines that a defendant is not competent to stand trial,
                                2    the court shall determine if the defendant is dangerous.    A
                                3    defendant who is not competent is dangerous if the court finds
                                4    by clear and convincing evidence that the defendant presents a
                                5    serious threat of:
                                6  (1)   committing murder in the first or second
                                7    degree, as provided in Section 30-2-1 NMSA 1978;
                                8  (2)   inflicting great bodily harm, as defined
                                9    in Section 30-1-12 NMSA 1978, on another person;
                                10  (3)   committing criminal sexual penetration, as
                                11   provided in Section 30-9-11 NMSA 1978;
                                12  (4)   committing criminal sexual contact of a
                                13   minor, as provided in Section 30-9-13 NMSA 1978;
                                14  (5)   committing abuse of a child, as provided
                                15   in Subsection D of Section 30-6-1 NMSA 1978;
                                16  (6)   violating a provision of the Sexual
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                                17   Exploitation of Children Act;
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                                18  (7)   committing human trafficking, as provided
                                19   in Section 30-52-1 NMSA 1978;
                                20  (8)   committing aggravated arson, as provided
                                21   in Section 30-17-6 NMSA 1978; or
                                22  (9)   committing any "serious violent offense"
                                23   enumerated in Subparagraphs (a) through (n) of Paragraph (4) of
                                24   Subsection [L] N of Section 33-2-34 NMSA 1978 with the use of a
                                25   firearm.
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                                1  B.   If the court determines that a defendant is not
                                2    dangerous, the court may order the defendant to participate in
                                3    a community-based competency restoration program or dismiss the
                                4    criminal case without prejudice in the interests of justice;
                                5    provided that if the court dismisses the case, the court may:
                                6  (1)   advise the district attorney to consider
                                7    the initiation of involuntary civil commitment proceedings in
                                8    accordance with the Mental Health and Developmental
                                9    Disabilities Code and may detain the defendant for a maximum of
                                10   seven days to facilitate initiation of those proceedings; or
                                11  (2)   advise the district attorney to consider
                                12   initiation of proceedings in accordance with the Assisted
                                13   Outpatient Treatment Act but may not detain the defendant for
                                14   that purpose.
                                15  C.   A community-based competency restoration program
                                16   is a court-approved program that is designed to restore a
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                                17   defendant to competency and provided in an outpatient setting
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                                18   in the community where the defendant resides.    A court may
                                19   order a defendant to participate in a community-based
                                20   competency restoration program for no longer than ninety days,
                                21   and:
                                22  (1)   within thirty days of the date that the
                                23   defendant was ordered to participate in a community-based
                                24   competency restoration program, the person supervising the
                                25   defendant's competency restoration program shall submit a
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                                1    progress report to the court and both parties that includes:
                                2  (a)   an initial assessment of the
                                3    defendant and a description of the competency restoration
                                4    programming that will be provided to the defendant;
                                5  (b)   a report on the defendant's
                                6    amenability to competency restoration;
                                7  (c)   an assessment of the program's
                                8    capacity to provide appropriate programming for the defendant;
                                9    and
                                10  (d)   an opinion as to the probability of
                                11   the defendant being restored to competency within ninety days
                                12   from the date that the court ordered the defendant's
                                13   participation in the community-based competency restoration
                                14   program;
                                15  (2)   no later than ninety days from the date
                                16   that the court ordered the defendant to participate in a
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                                17   community-based competency restoration program, the court shall
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                                18   hold a review hearing and determine if the defendant has been
                                19   restored to competency and at least seven days prior to the
                                20   review hearing, the person supervising the defendant's
                                21   competency restoration program shall submit a written report
                                22   that includes:
                                23  (a)   an opinion as to whether the
                                24   defendant has been restored to competency;
                                25  (b)   if the defendant is receiving
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                                1    medication, information from the prescribing physician about
                                2    the type, dosage and effect of the medication on the
                                3    defendant's appearance, actions and demeanor;
                                4  (c)   if the defendant remains not
                                5    competent, an opinion as to whether the defendant satisfies the
                                6    criteria for involuntary commitment in accordance with the
                                7    Mental Health and Developmental Disabilities Code and whether:
                                8    1) as a result of mental disorder, the defendant presents a
                                9    likelihood of serious harm to the defendant's self or others;
                                10   2) the defendant needs and is likely to benefit from
                                11   involuntary commitment and treatment; and 3) the proposed
                                12   commitment is consistent with the treatment needs of the
                                13   defendant and with the least drastic means principle; and
                                14  (d)   if the defendant remains not
                                15   competent, an opinion as to whether the defendant satisfies the
                                16   criteria for involuntary treatment in accordance with the
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                                17   Assisted Outpatient Treatment Act and whether the defendant:
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                                18   1) has a primary diagnosis of a mental disorder; 2) has
                                19   demonstrated a history of lack of compliance with treatment for
                                20   a mental disorder; 3) is unwilling or unlikely, as a result of
                                21   a mental disorder, to voluntarily participate in outpatient
                                22   treatment that would enable the defendant to live safely in the
                                23   community without court supervision; 4) is in need of assisted
                                24   outpatient treatment as the least restrictive appropriate
                                25   alternative to prevent a relapse or deterioration likely to
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                                1    result in serious harm to the defendant's self or others; and
                                2    5) will likely benefit from assisted outpatient treatment and
                                3    have the defendant's best interests served; and
                                4  (3)   if, after a review hearing, the court
                                5    finds that the defendant is competent, the case shall proceed
                                6    to trial, but if the court finds that the defendant remains not
                                7    competent, the case shall be dismissed without prejudice and
                                8    the court may advise the district attorney to consider
                                9    initiating proceedings in accordance with the Mental Health and
                                10   Developmental Disabilities Code or the Assisted Outpatient
                                11   Treatment Act.
                                12  D.   If the court determines that a defendant who is
                                13   not competent is dangerous, the district court may commit the
                                14   defendant as provided in this section for competency
                                15   restoration.     If the court orders commitment, the court shall
                                16   enter a transport order that provides for the defendant's
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                                17   return to the local jail within seventy-two hours upon the
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                                18   defendant being restored to competency, completion of the
                                19   competency restoration program or as otherwise required by the
                                20   court.   A defendant committed for competency restoration shall
                                21   be provided with treatment available to persons subject to
                                22   civil commitment and:
                                23  (1)   shall be detained by the department of
                                24   health in a secure, locked facility; and
                                25  (2)   shall not be released from that facility
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                                1    except pursuant to an order of the court that committed the
                                2    defendant.
                                3  E.   The department of health shall admit a defendant
                                4    for competency restoration within fifteen days of receipt of
                                5    the court's order of commitment of an incompetent defendant and
                                6    of the necessary and available documents reasonably required
                                7    for admission pursuant to written policies adopted by the
                                8    secretary of health or the secretary's designee.     If the
                                9    secretary of health or the secretary's designee determines that
                                10   the department of health does not have the ability to meet the
                                11   needs of the defendant, the secretary or the secretary's
                                12   designee may refuse admission by providing written
                                13   certification to the committing court and the parties of the
                                14   department's inability to meet the needs of the defendant.     The
                                15   certification shall be made within seven days of the receipt of
                                16   the court's order of commitment and necessary and available
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                                17   documents reasonably required for admission pursuant to written
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                                18   policies adopted by the secretary or the secretary's designee.
                                19   Within ten days of filing of the certification, the court shall
                                20   conduct a hearing for further disposition of the criminal case.
                                21  F.   Within thirty days of a defendant's admission to
                                22   a department of health facility or an inpatient psychiatric
                                23   hospital for competency restoration, the department shall file
                                24   with the court, the state and the defense:
                                25  (1)   an initial assessment of the defendant and
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                                1    treatment plan;
                                2  (2)   a report on the defendant's amenability to
                                3    competency restoration;
                                4  (3)   an assessment of the department's capacity
                                5    to provide appropriate treatment for the defendant; and
                                6  (4)   an opinion as to the probability of the
                                7    defendant being restored to competency within nine months from
                                8    the date the court determined the defendant is not competent to
                                9    stand trial."
                                10        SECTION 4.    Section 31-9-1.4 NMSA 1978 (being Laws 1988,
                                11   Chapter 107, Section 5 and Laws 1988, Chapter 108, Section 5,
                                12   as amended) is amended to read:
                                13        "31-9-1.4.    DETERMINATION OF COMPETENCY--INCOMPETENT
                                14   DEFENDANTS.--If at any time the district court determines that
                                15   there is not a substantial probability that the defendant will
                                16   be restored to competency within nine months from the date the
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                                17   court determined the defendant is not competent to stand trial,
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                                18   the district court may:
                                19  A.   hold a criminal commitment hearing in accordance
                                20   with Section 31-9-1.5 NMSA 1978 within three months if the
                                21   defendant is charged with:
                                22  (1)   murder in the first or second degree, as
                                23   provided in Section 30-2-1 NMSA 1978;
                                24  (2)   a felony involving infliction of great
                                25   bodily harm, as defined in Section 30-1-12 NMSA 1978, on
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                                1    another person;
                                2  (3)   criminal sexual penetration, as provided
                                3    in Section 30-9-11 NMSA 1978;
                                4  (4)   criminal sexual contact of a minor, as
                                5    provided in Section 30-9-13 NMSA 1978;
                                6  (5)   abuse of a child, as provided in
                                7    Subsection D of Section 30-6-1 NMSA 1978;
                                8  (6)   a crime provided for in the Sexual
                                9    Exploitation of Children Act;
                                10  (7)   human trafficking, as provided in Section
                                11   30-52-1 NMSA 1978;
                                12  (8)   aggravated arson, as provided in Section
                                13   30-17-6 NMSA 1978; or
                                14  (9)   any "serious violent offense" enumerated
                                15   in Subparagraphs (a) through (n) of Paragraph (4) of Subsection
                                16   [L] N of Section 33-2-34 NMSA 1978 with the use of a firearm;
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                                17  B.   release the defendant from custody and dismiss
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                                18   the criminal case with prejudice; or
                                19  C.   dismiss the criminal case without prejudice in
                                20   the interest of justice; provided that if the treatment
                                21   supervisor reports to the court that the defendant satisfies
                                22   the criteria for involuntary commitment in accordance with the
                                23   Mental Health and Developmental Disabilities Code, the
                                24   department of health shall initiate those proceedings, and the
                                25   court may order the defendant confined for a maximum of seven
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                                1    days to facilitate the initiation of those proceedings; and
                                2    provided further that the district attorney may initiate
                                3    involuntary commitment proceedings in the department's stead."
                                4  SECTION 5.    Section 31-9-1.5 NMSA 1978 (being Laws 1988,
                                5    Chapter 107, Section 6 and Laws 1988, Chapter 108, Section 6,
                                6    as amended) is amended to read:
                                7  "31-9-1.5.    DETERMINATION OF COMPETENCY--CRIMINAL
                                8    COMMITMENT--EVIDENTIARY HEARING.--
                                9  A.   If the court determines that there is not a
                                10   substantial probability that a defendant who is not competent
                                11   to stand trial will be restored to competency, a commitment
                                12   hearing to determine the sufficiency of the evidence of the
                                13   defendant's guilt shall be held if the defendant is charged
                                14   with:
                                15  (1)   murder in the first or second degree, as
                                16   provided in Section 30-2-1 NMSA 1978;
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                                17  (2)   a felony involving infliction of great
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                                18   bodily harm, as defined in Section 30-1-12 NMSA 1978, on
                                19   another person;
                                20  (3)   criminal sexual penetration, as provided
                                21   in Section 30-9-11 NMSA 1978;
                                22  (4)   criminal sexual contact of a minor, as
                                23   provided in Section 30-9-13 NMSA 1978;
                                24  (5)   abuse of a child, as provided in
                                25   Subsection D of Section 30-6-1 NMSA 1978;
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                                1  (6)   a crime provided for in the Sexual
                                2    Exploitation of Children Act;
                                3  (7)   human trafficking, as provided in Section
                                4    30-52-1 NMSA 1978;
                                5  (8)   aggravated arson, as provided in Section
                                6    30-17-6 NMSA 1978; or
                                7  (9)   any "serious violent offense" enumerated
                                8    in Subparagraphs (a) through (n) of Paragraph (4) of Subsection
                                9    [L] N of Section 33-2-34 NMSA 1978 with the use of a firearm.
                                10  B.   A criminal commitment hearing shall be conducted
                                11   by the district court without a jury.    The state and the
                                12   defendant may introduce evidence relevant to the question of
                                13   the defendant's guilt of the crime charged.    The district court
                                14   may admit hearsay or affidavit evidence on secondary matters
                                15   such as testimony to establish the chain of possession of
                                16   physical evidence, laboratory reports, authentication of
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                                17   transcripts taken by official reporters, district court and
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                                18   business records and public documents.
                                19  C.   If the evidence does not establish by clear and
                                20   convincing evidence that the defendant committed the crime
                                21   charged, the district court shall dismiss the criminal case
                                22   with prejudice.
                                23  D.   If the district court finds by clear and
                                24   convincing evidence that the defendant committed the crime
                                25   charged and has not made a finding of dangerousness in
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                                1    accordance with Section 31-9-1.2 NMSA 1978, the district court
                                2    shall dismiss the criminal case without prejudice.
                                3  E.   If the district court finds by clear and
                                4    convincing evidence that the defendant committed the crime
                                5    charged and enters a finding that the defendant remains not
                                6    competent to stand trial and remains dangerous as determined by
                                7    the court in accordance with Section 31-9-1.2 NMSA 1978:
                                8  (1)   the defendant shall be detained by the
                                9    department of health in a secure, locked facility;
                                10  (2)   the defendant shall not be released from
                                11   that secure facility except pursuant to an order of the court
                                12   that committed the defendant or upon expiration of the period
                                13   of time equal to the maximum sentence to which the defendant
                                14   would have been subject had the defendant been convicted in a
                                15   criminal proceeding;
                                16  (3)   significant changes in the defendant's
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                                17   condition, including trial competency and dangerousness, shall
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                                18   be reported in writing to the district court, state and
                                19   defense; and
                                20  (4)   at least every two years, the district
                                21   court shall conduct a hearing upon notice to the parties and
                                22   the department of health charged with detaining the defendant.
                                23   At the hearing, the court shall enter findings on the issues of
                                24   trial competency and dangerousness and:
                                25  (a)   upon a finding that the defendant is
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                                1    competent to proceed in a criminal case, the court shall
                                2    continue with the criminal proceeding;
                                3  (b)   if the defendant continues to remain
                                4    not competent to stand trial and dangerous in accordance with
                                5    Section 31-9-1.2 NMSA 1978, the court shall review the
                                6    defendant's competency and dangerousness every two years until
                                7    expiration of the period of commitment equal to the maximum
                                8    sentence to which the defendant would have been subject had the
                                9    defendant been convicted in a criminal proceeding; and
                                10  (c)   if the court finds upon its two-year
                                11   review hearing that the defendant is no longer dangerous, the
                                12   defendant shall be released.
                                13  F.   At any time, including after a court dismisses a
                                14   case against a defendant, the department of health or the
                                15   district attorney may initiate involuntary commitment
                                16   proceedings in accordance with the Mental Health and
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                                17   Developmental Disabilities Code or proceedings in accordance
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                                18   with the Assisted Outpatient Treatment Act.     If the district
                                19   attorney indicates an intent to initiate involuntary commitment
                                20   proceedings in accordance with the Mental Health and
                                21   Developmental Disabilities Code, the court may detain the
                                22   defendant for a maximum of seven days only to facilitate the
                                23   initiation of those proceedings at any licensed psychiatric
                                24   hospital."
                                25        SECTION 6.     Section 31-9-1.6 NMSA 1978 (being Laws 1997,
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                                1    Chapter 153, Section 1, as amended) is amended to read:
                                2  "31-9-1.6.    HEARING TO DETERMINE DEVELOPMENTAL OR
                                3    INTELLECTUAL DISABILITY.--
                                4  A.   Upon motion of a party or the court, the court
                                5    shall hold a hearing to determine whether the defendant is not
                                6    competent due to a developmental or intellectual disability as
                                7    defined in Subsection E of this section, and the evaluator
                                8    shall be provided with the necessary and available documents
                                9    reasonably required for admission pursuant to written policies
                                10   adopted by the secretary of health or the secretary's designee.
                                11  B.   If the court finds by a preponderance of the
                                12   evidence that the defendant is not competent to stand trial due
                                13   to a developmental or intellectual disability and that there is
                                14   not a substantial probability that the defendant will be
                                15   restored to competency within nine months from the date the
                                16   court determined the defendant is not competent to stand trial,
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                                17   the court shall notify the department of health of the court's
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                                18   finding.    Within sixty days of receipt of the court's
                                19   notification, the department of health shall determine whether
                                20   the defendant presents a likelihood of serious harm to the
                                21   defendant's self or others.
                                22  C.   If the department of health determines that the
                                23   defendant presents a likelihood of serious harm to self or
                                24   others, the department shall initiate involuntary commitment
                                25   proceedings in accordance with the Mental Health and
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                                1    Developmental Disabilities Code if the defendant is charged
                                2    with:
                                3  (1)   murder in the first or second degree, as
                                4    provided in Section 30-2-1 NMSA 1978;
                                5  (2)   a felony involving infliction of great
                                6    bodily harm, as defined in Section 30-1-12 NMSA 1978, on
                                7    another person;
                                8  (3)   criminal sexual penetration, as provided
                                9    in Section 30-9-11 NMSA 1978;
                                10  (4)   criminal sexual contact of a minor, as
                                11   provided in Section 30-9-13 NMSA 1978;
                                12  (5)   abuse of a child, as provided in
                                13   Subsection D of Section 30-6-1 NMSA 1978;
                                14  (6)   a crime provided for in the Sexual
                                15   Exploitation of Children Act;
                                16  (7)   human trafficking, as provided in Section
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                                17   30-52-1 NMSA 1978;
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                                18  (8)   aggravated arson, as provided in Section
                                19   30-17-6 NMSA 1978; or
                                20  (9)   any "serious violent offense" enumerated
                                21   in Subparagraphs (a) through (n) of Paragraph (4) of Subsection
                                22   [L] N of Section 33-2-34 NMSA 1978 with the use of a firearm.
                                23  D.   After the involuntary commitment hearing or upon
                                24   expiration of fourteen months from the court's initial
                                25   determination that the defendant is not competent to stand
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                                1    trial, the criminal case shall be dismissed without prejudice.
                                2  E.   As used in this section, "developmental or
                                3    intellectual disability" means significantly subaverage general
                                4    intellectual functioning existing concurrently with deficits in
                                5    adaptive behavior.     An intelligence quotient of seventy or
                                6    below on a reliably administered intelligence quotient test
                                7    shall be presumptive evidence of developmental or intellectual
                                8    disability."
                                9  SECTION 7.   Section 31-18-16 NMSA 1978 (being Laws 1977,
                                10   Chapter 216, Section 5, as amended) is amended to read:
                                11  "31-18-16.   USE, BRANDISHING OR DISCHARGE OF FIREARM--
                                12   ALTERATION OF BASIC SENTENCE--SUSPENSION AND DEFERRAL
                                13   LIMITED.--
                                14  A.   When a separate finding of fact by the court or
                                15   jury shows that a firearm was used in relation to a drug
                                16   transaction or during the commission of aggravated burglary
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                                17   pursuant to Section 30-16-4 NMSA 1978 or a serious violent
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                                18   offense, the basic sentence of imprisonment prescribed for the
                                19   offense in Section 31-18-15 NMSA 1978 shall be increased by one
                                20   year, except that when the offender is a serious youthful
                                21   offender or a youthful offender who received an adult sentence,
                                22   the sentence imposed by this subsection may be increased by one
                                23   year.
                                24  B.   When a separate finding of fact by the court or
                                25   jury shows that a firearm was brandished in the commission of a
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                                1    noncapital felony, the basic sentence of imprisonment
                                2    prescribed for the offense in Section 31-18-15 NMSA 1978 shall
                                3    be increased by three years, except that when the offender is a
                                4    serious youthful offender or a youthful offender that received
                                5    an adult sentence, the sentence imposed by this subsection may
                                6    be increased by one year.
                                7  C.   When a separate finding of fact by the court or
                                8    jury shows that a firearm was discharged in the commission of a
                                9    noncapital felony, the basic sentence of imprisonment
                                10   prescribed for the offense in Section 31-18-15 NMSA 1978 shall
                                11   be increased by five years, except that when the offender is a
                                12   serious youthful offender or a youthful offender who received
                                13   an adult sentence, the sentence imposed by this subsection may
                                14   be increased by three years.
                                15  D.   For a second or subsequent offense, when a
                                16   separate finding of fact by the court or jury shows that a
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                                17   firearm was used, brandished, or discharged in relation to a
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                                18   drug transaction or during the commission of aggravated
                                19   burglary pursuant to Section 30-16-4 NMSA 1978 or a serious
                                20   violent offense, the sentence shall be increased by five years,
                                21   except that when the offender is a serious youthful offender or
                                22   a youthful offender, the sentence imposed by this section may
                                23   be increased by three years.
                                24  E.   If the case is tried before a jury and if a
                                25   prima facie case has been established showing that a firearm
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                                1    was used, brandished or discharged in relation to a drug
                                2    transaction or during the commission of aggravated burglary
                                3    pursuant to Section 30-16-4 NMSA 1978 or a serious violent
                                4    offense, the court shall submit the issue to the jury by
                                5    special interrogatory.     If the case is tried by the court, the
                                6    court shall decide the issue and shall make a separate finding
                                7    of fact thereon.
                                8  F.   When a separate finding of fact by the court or
                                9    jury shows that a firearm was used, brandished or discharged in
                                10   relation to a drug transaction or during the commission of
                                11   aggravated burglary pursuant to Section 30-16-4 NMSA 1978 or a
                                12   serious violent offense, the firearm is subject to seizure and
                                13   forfeiture as an instrumentality pursuant to the provisions of
                                14   the Forfeiture Act.
                                15  G.   As used in this section:
                                16  (1)   "brandished" means displaying or making a
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                                17   firearm known to another person while the firearm is present on
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                                18   the person of the offending party with intent to intimidate or
                                19   injure a person;
                                20  (2)   "in relation to a drug transaction" means
                                21   participating or attempting to participate in the trafficking
                                22   of a controlled substance pursuant to Section 30-31-20 NMSA
                                23   1978, distribution of a controlled substance to a minor
                                24   pursuant to Section 30-31-21 NMSA 1978 or distribution of a
                                25   controlled or counterfeit substance pursuant to Section
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                                1    30-31-22 NMSA 1978 as a seller, purported seller or as an
                                2    accomplice; and
                                3  (3)   "serious violent offense" means an offense
                                4    enumerated in Subparagraphs (a) through (n) of Paragraph (4) of
                                5    Subsection [L] N of Section 33-2-34 NMSA 1978."
                                6  SECTION 8.    Section 33-2A-3 NMSA 1978 (being Laws 2002,
                                7    Chapter 8, Section 3) is amended to read:
                                8  "33-2A-3.    DEFINITIONS.--As used in the Corrections
                                9    Population Control Act:
                                10  A.   "commission" means the corrections population
                                11   control commission;
                                12  B.   "female correctional facilities" means:
                                13  (1)   the women's correctional facility, located
                                14   in Grants; and
                                15  (2)   any other female correctional facility so
                                16   designated by the corrections department;
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                                17  C.   "male correctional facilities" means:
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                                18  (1)   the penitentiary of New Mexico, located in
                                19   Santa Fe;
                                20  (2)   the central New Mexico correctional
                                21   facility, located in Los Lunas;
                                22  (3)   the southern New Mexico correctional
                                23   facility, located in Las Cruces;
                                24  (4)   the western New Mexico correctional
                                25   facility, located in Grants;
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                                1  (5)   the Roswell correctional facility, located
                                2    in Hagerman;
                                3  (6)   the Guadalupe county correctional
                                4    facility, located in Santa Rosa;
                                5  (7)   the Lea county correctional facility,
                                6    located in Hobbs; and
                                7  (8)   any other male correctional facility so
                                8    designated by the corrections department;
                                9  D.   "nonviolent offender" means:
                                10  (1)   a person convicted only of possession of a
                                11   controlled substance, pursuant to the provisions of Section
                                12   30-31-23 NMSA 1978;
                                13  (2)   a person incarcerated for violating the
                                14   conditions of [his] the person's parole plan due to use or
                                15   possession of a controlled substance whose original conviction
                                16   was for commission of a nonviolent offense; or
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                                17  (3)   an inmate designated by the commission as
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                                18   a nonviolent offender; provided that the offender was convicted
                                19   for the commission of a nonviolent offense, as that term is
                                20   defined in Subsection [L] N of Section 33-2-34 NMSA 1978; and
                                21  E.   "rated capacity" means the actual general
                                22   population bed space, including only individual cells and areas
                                23   designed for the long-term housing of inmates, available in
                                24   female correctional facilities or male correctional facilities
                                25   as certified by the secretary of corrections and subject to
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                                1    applicable state and federal law."
                                2  SECTION 9.    Section 33-11-3 NMSA 1978 (being Laws 1988,
                                3    Chapter 78, Section 3, as amended) is amended to read:
                                4  "33-11-3.    REGULATIONS.--
                                5  A.     The corrections department, by July 1, 1988,
                                6    shall adopt regulations for all adult correctional institutions
                                7    operated by the department for the implementation of a
                                8    mandatory education program for all inmates to attain a minimum
                                9    education standard as set forth in this section.
                                10  B.     The regulations shall apply only to any inmate
                                11   who:
                                12  (1)   commits a crime after the effective date
                                13   of the Inmate Literacy Act; and
                                14  (2)   has eighteen months or more remaining to
                                15   be served on the inmate's sentence of incarceration; and who:
                                16  (a)   is not exempted due to a medical,
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                                17   developmental or learning disability; or
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                                18  (b)   does not possess a high school
                                19   equivalency credential or a high school diploma.
                                20  C.     The regulations adopted shall require that:
                                21  (1)   a minimum education standard shall be met
                                22   beginning in 1988 and in all subsequent years as follows:
                                23  (a)   in 1988, the education standard
                                24   shall be the equivalent of grade six in reading and math on the
                                25   test of adult basic education;
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                                1  (b)   in 1989, the education standard
                                2    shall be the equivalent of grade seven in reading and math on
                                3    the test of adult basic education;
                                4  (c)   in 1990, the education standard
                                5    shall be the equivalent of grade eight in reading and math on
                                6    the test of adult basic education; and
                                7  (d)   in 1991, the education standard
                                8    shall be a high school diploma or a high school equivalency
                                9    credential;
                                10  (2)   inmates who meet the criteria in
                                11   Subsection B of this section shall be required to participate
                                12   in education programs for ninety days.      After ninety days,
                                13   inmates may choose to withdraw from educational programs but
                                14   will be subject to the provisions of Paragraph (3) of this
                                15   subsection; and
                                16  (3)   notwithstanding any other provision of
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                                17   law, inmates who are subject to these regulations but who
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                                18   refuse or choose not to participate shall not be eligible for
                                19   monetary compensation for work performed or for meritorious
                                20   deduction as set forth in Subsection [D] F of Section 33-2-34
                                21   NMSA 1978.
                                22  D.   The regulations may:
                                23  (1)   exclude any inmate who has been
                                24   incarcerated for less than ninety days in an institution
                                25   controlled by the corrections department;
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                                1  (2)   exclude any inmate who is assigned a
                                2    minimum custody classification; or
                                3  (3)   defer educational requirements for inmates
                                4    with sentences longer than ten years."
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