Albuquerque City Council approves ‘Kendra’s Law;’ Las Cruces might want to do the same

The Albuquerque City Council has done what the New Mexico Legislature failed to do last year – create a law allowing judges to order treatment and medication for mentally ill people.

The council approved what’s called “Kendra’s Law” Monday night, according to the Albuquerque Journal. Before ordering care, a judge would have to determine whether a mentally ill person is potentially dangerous and meets other criteria, in addition to being in need of treatment, according to the newspaper.

“I doubt that this is a 100 percent cure for what happened, but this is a step in the right direction,” Dave Fisher, whose son was shot to death last year, told the Journal. A mentally ill man has been charged in his son’s death.

Critics, including one of nine Albuquerque councilors, say the ordinance targets what people might do, not what they’ve done, and contend that is wrong.

But Albuquerque and Las Cruces are both aware of the dangers that can result from mentally ill people going untreated. Highly publicized incidents in both cities in 2005 led to innocent deaths.

Currently in New Mexico, judges can’t force mentally ill people to take medication or enter into long-term treatment, with one exception: They can order evaluations and treatment for mentally ill defendants found to be incompetent to stand trial.

Proponents of Kendra’s Law say that, by then, it’s usually too late to stop a crime that could have been prevented.

Versions of Kendra’s Law, named after a woman who was pushed in front of a subway train by a mentally ill man, are in place in 42 states. State Rep. Joni Gutierrez, D-Las Cruces, proposed such a law in this year’s legislative session. Gov. Bill Richardson and U.S. Sen. Pete Domenici held news conferences to announce their support for the bill, but the legislature failed to approve it.

The City of Las Cruces might want to consider adopting an ordinance similar to the one approved in Albuquerque.