Report Type: Assessment Data Profile Recommendations
Update on Crime in NM & BernCo
YEAR
2024
AUTHOR / ORGANIZATION
NM Legislative Finance Committee
GEOGRAPHIC SCOPE
Bernalillo County, Statewide (New Mexico)
What is this?
This is a policy spotlight report produced by the New Mexico Legislative Finance Committee's Program Evaluation Team, presented to the Committee on July 15, 2024. The report synthesizes data from multiple sources including FBI crime statistics, court records, APD and BCSO data, the Metropolitan Detention Center, and the New Mexico Corrections Department to analyze crime trends and criminal justice system performance. The methodology includes analysis of FBI Uniform Crime Reports, a representative sample review of repeat offender cases (677 individuals at Metro Court, 741 at Second Judicial District Court with 4+ felony arrests from 2017-2023), and examination of pretrial services outcomes through University of New Mexico Institute for Social Research studies. The report uses the Sequential Intercept Model framework to organize findings about diversion opportunities throughout the criminal justice system.
Summary
This comprehensive analysis provides critical data for behavioral health systems change by documenting the direct connection between substance use disorders, mental health conditions, and crime in Bernalillo County. The report finds that 65% of New Mexico’s incarcerated population has a substance use disorder compared to 9% of the general population, and drug offenses increased 116% from 2022 to 2023, directly correlating with property crime increases. Key behavioral health systems findings include: treatment court participation remains below pre-pandemic levels despite $4 return on investment for every $1 spent; only 2% of felony cases are dismissed due to competency issues, but this rises to 8% among repeat offenders, indicating a high-needs population underserved by the current system; New Mexico has only 22 certified competency evaluators operating on contract basis, creating significant delays in evaluations; and the Albuquerque Community Safety Department successfully diverts 5% of APD call volume to behavioral health responses. The report recommends seeking Medicaid coverage 90 days prior to incarcerated individuals’ release, authorizing pharmacies in high-need communities to make Medication Assisted Treatment available, and increasing participation in treatment courts and pre-prosecution diversion programs.
BH Systems Change Recommendations
**Explicit Behavioral Health Recommendations from Report:** For the Legislature: - Appropriate funds to the Administrative Office of the Courts for certified competency evaluators - Authorize the pharmacy board and DOH to require pharmacies in high-need communities to make MAT available - Outline minimum standards for pretrial services with AOC certification - Require periodic validation of risk assessments and implement needs assessments for services For the Healthcare Authority: - Seek a Medicaid state plan amendment to allow for Medicaid coverage 90 days prior to the release of incarcerated individuals, allowing for smoother transition into services For the Administrative Office of the Courts: - Work with each judicial district court to increase participation in treatment courts and pre-prosecution diversion programs - Publicly report aggregate data regarding pretrial release decisions and outcomes For the Second Judicial District Attorney's Office: - Focus on diverting low-level offenders into programs treating addiction and addressing other root causes of crime For the New Mexico Corrections Department: - Increase participation and successful completion of recidivism-reducing programs - Implement Medicaid-approved transitional services
How to Use for Systems Planning
**What this report IS useful for:** - Understanding the direct connection between behavioral health conditions (SUD, mental health) and crime rates in Bernalillo County - Identifying specific gaps in the behavioral health workforce affecting the criminal justice system, particularly competency evaluators - Documenting underutilization of evidence-based diversion programs (treatment courts, LEAD, pre-prosecution diversion) - Supporting arguments for expanding treatment court capacity and participation - Justifying investments in transition services for incarcerated individuals - Mapping where behavioral health interventions can intercept individuals in the criminal justice system using the Sequential Intercept Model framework **What this report DOES NOT provide:** - Detailed analysis of specific behavioral health treatment programs or their clinical effectiveness - Comprehensive inventory of behavioral health providers or services in Bernalillo County - Budget analysis for behavioral health systems specifically (focuses on criminal justice appropriations) - Community-based prevention program recommendations or outcomes - Detailed guidance on implementing behavioral health interventions
Key Facts & Data Points
- $829 million appropriated by Legislature over three years (FY23-FY25) for crime-related initiatives, including $484 million for treatment prioritization - 65% of New Mexico's incarcerated population has a substance use disorder vs. 9% of general population - Violent crime rate in Bernalillo County: 1,266 per 100,000 (2022) vs. national average of 381 per 100,000 - APD violent crimes clearance rate dropped from 32.8% (2019) to 18.8% (2022) - Only 19% of violent crimes in Albuquerque result in a formal charge—lowest rate in two decades - 116% increase in drug offenses from 2022 (2,555) to 2023 (4,749) - Felony convictions decreased 40% from 2019 to 2023 (3,121 to 1,746) - 81% of defendants on pretrial release do not pick up new charges - 25% of felony defendants (repeat offenders) are responsible for 47% of all felony arrests - Treatment court participation decreased 30% from FY19 to FY24 in Bernalillo County - Only 22 certified competency evaluators operating statewide on contract basis - APD sworn officers decreased 17% (1,034 to 856) from 2012-2024 while budget grew 63% - Juvenile criminal cases increased 38% in 2023; cases involving firearms rose from 34% to 53% - 172 more fatal shootings in Albuquerque from 2020-23 compared to previous four years
Priority Services & Findings
**SUD Organizations** - Drug offenses increased 116% from 2022 to 2023, correlating with property crime increases - 65% of incarcerated population has substance use disorder - Medication Assisted Treatment (MAT) program at Metropolitan Detention Center is still ramping up implementation - Legislature recommended to authorize pharmacy board and DOH to require pharmacies in high-need communities to make MAT available - Treatment courts show $4 return on investment for every $1 spent when effectively implemented **Mental Health / Crisis Care** - Only 22 certified competency evaluators statewide, causing 1-3 month delays for in-custody evaluations and 6-12 months for out-of-custody - 2% of felony cases dismissed due to incompetency; rises to 8% for individuals with 4+ felonies - New Mexico Behavioral Health Institute operates at 67% utilization of 88 forensic beds - Supreme Court rule changes removed option for judges to require mental health or addiction treatment as condition of release - Between 2017-2023, 4,644 cases involved competency hearings; two-thirds ruled incompetent **Integrated Primary Care** - Healthcare Authority recommended to seek Medicaid state plan amendment allowing coverage 90 days prior to release of incarcerated individuals - MDC working to establish seven-day-a-week addiction medicine program - Discharge planning process being refined to ensure seamless transitions to community services **School-Based / Youth Services** - Juvenile criminal cases increased 38% in 2023 (781 cases) with projected 14% increase in 2024 - Cases involving juveniles with firearms rose from 34% (2023) to 53% (2024 projection) - Second Judicial District Attorney implemented new policy requiring juveniles to disclose firearm source prior to plea agreements - Disruption of public schools during pandemic contributed to expansion of youth gang activity
Immediate Actions for Systems Planners
-Convene stakeholders to address the critical shortage of certified competency evaluators, potentially through expanded certification programs, increased reimbursement rates, or alternative evaluation models to reduce the 6-12 month wait times for out-of-custody evaluations. -Coordinate with the Healthcare Authority to develop and submit a Medicaid state plan amendment for 90-day pre-release coverage to ensure continuity of behavioral health treatment for individuals leaving incarceration. -Work with the Administrative Office of the Courts to identify barriers to treatment court participation and develop strategies to increase enrollment toward pre-pandemic levels, given the documented $4:$1 return on investment. -Engage with the Albuquerque Community Safety Department and Bernalillo County LEAD program to establish outcome tracking systems that measure impact on subsequent criminal justice involvement and behavioral health service connections. -Partner with MDC to support full implementation of the MAT program and establish data tracking systems for measuring program effectiveness, including post-discharge appointment attendance. -Develop a comprehensive pretrial services framework that includes validated needs assessments to connect defendants with appropriate behavioral health treatment during the pretrial period.
Key Contacts
**/ - Micaela Fischer, CFE, Deputy Director for Program Evaluation **/ - Administrative Office of the Courts = - Albuquerque Community Safety Dept = - Albuquerque Police Dept = - BernCo Behavioral Health Initiative (LEAD program) = - BernCo Sheriff's Office = - Healthcare Authority (formerly HSD Medicaid) = - Metropolitan Detention Center **/ - NM Behavioral Health Institute, Las Vegas = - NM Corrections Dept = - NM Legislative Finance Committee - Charles Sallee, LFC Director = - NM Sentencing Commission = - Second Judicial District Attorney's Office = - UNM Institute for Social Research