Important Victory: Rep. Moe Maestas' Bill to Provide Treatment for Nonviolent Drug Offenders Passes House

Nonviolent drug offenders would have the opportunity to receive treatment rather than incarceration under legislation sponsored by Rep. Antonio “Moe” Maestas (D-Albuquerque). The legislation seeks to reduce repeat offenses by persons with substance abuse disorders by treating the condition of drug addiction rather than the act of drug possession. The measure, HB 178a, passed the House of Representatives today with a vote of 34-31.

"This bill will give judges the authority to focus on the treatment of nonviolent drug offenders as opposed to incarceration," Rep. Maestas said in a statement released today. "It would alleviate an already overburdened court system by focusing on the treatment of the nonviolent offender. This attempts to end recidivism and reduce drug addiction and hence, the property crimes it creates. Additionally, it has a potential of saving the state $22 million."

The bill was originally defeated in the House by a margin of 37-33 on Friday but -- thankfully -- gained new life when it was brought up for reconsideration today. Make no mistake about it. If this bill becomes law it would represent a major policy and very positive change in the "war on drugs" in New Mexico -- one that seeks to help non-violent offenders get a second chance in life if they earn it.

I think it's very important that we all thank Rep. Moe Maestas for this one. His views on dealing with the ramifications of drug abuse and addiction in a compassionate, productive and logical fashion are enlightened and practical. It takes guts to be out front on an issue like this -- one that's so fraught with myth and fear -- and I think Moe did it with an abundance of smarts and dedication. I think we should also express appreciation to everyone who vote for this bill. And it's essential that we contact our Senators to urge them to take the bill up and pass it, this year.

According to a statement released by House leadership, HB 178a creates a Substance Abuse and Crime Prevention Act to reduce the number of possession convictions by diverting misdemeanor and 4th degree felony offenders to treatment. It allows the courts to order an assessment of the person by a qualified treatment professional for the purpose of determining the person’s need for treatment and making recommendations for an appropriate treatment plan.

The court may, after a hearing and input from the state, refer the person to a substance abuse treatment program for a period of eighteen months or less. If the offender successfully completes the program, the court shall dismiss with prejudice the criminal proceedings against the person. The person may apply for an order sealing the record. The court may reinstate the criminal proceedings if the offender violates the terms and conditions of participation in the program.

The bill does not include drug traffickers.

According to the New Mexico Drug Policy Alliance, the state spent $22 million in 2007 to incarcerate or give probation sentences to nonviolent drug possession offenders.