Senate Bill 166 (SB 166):  This legislative proposal seeks to redefine critical terms within the Mental Health and Developmental Disabilities Code and the Assisted Outpatient Treatment Act. Specifically, it provides more detailed definitions for "harm to self" and "harm to others," aiming to clarify the conditions under which individuals may be subjected to involuntary commitment or outpatient treatment due to mental health issues. 

 Senate Bill 166 (SB 166):  Key Changes in Definitions: 
a)	Harm to Others: Previously focused on predicting future harm based on past behavior, the new definition emphasizes past actions that have already demonstrated a risk, including any threats or attempts to cause serious bodily harm, actions creating substantial risk, or extreme destruction of property, with an emphasis on the likelihood of repeating such conduct.
b)	Harm to Self: The new definition expands beyond the likelihood of self-harm or suicide to include an inability to care for oneself due to mental incapacity. It outlines specific criteria where an individual cannot perform daily responsibilities or meet basic needs for nourishment, personal or medical care, shelter, or safety, indicating a probable need for intervention to prevent serious physical debilitation.

The clearer definitions are recommended in order to enhance precision in legal proceedings regarding involuntary commitments, potentially reducing ambiguities that could lead to disputes over an individual's mental state and the necessity for treatment.  By refining what constitutes harm to self or others, mental health professionals can better tailor their approaches to treatment and care, potentially leading to more appropriate and effective intervention strategies.

These changes are designed to better protect individuals' rights by specifying conditions under which their autonomy can be overridden for mental health treatment. This could help in safeguarding against unnecessary or unjust involuntary commitments.

For institutions and professionals dealing with mental health and developmental disabilities, these changes may require adjustments in protocols and training to align with the new legal definitions and ensure compliance during assessments and treatment planning.

 

 Committee Substitute March 11, 2025, in SJC

SJCcs/SB 166:   The proposed legislation amending the definitions of harm to self and harm to others in New Mexico’s Mental Health and Developmental Disabilities Code and Assisted Outpatient Treatment Act:
1. Key Change to Definitions:
•	Old Definitions (Removed)
•	“Likely to result in serious harm to self” included the risk of self-injury or suicide, including “grave passive neglect.”
•	“Likely to result in serious harm to others” involved a high probability that someone would injure others or commit a serious offense.
•	New Definitions (Added)
•	“Harm to others” means that, in the recent past, the person has either:
•	Actually inflicted or tried to inflict serious bodily harm, or
•	Created a substantial risk of serious bodily harm,
•	And it is likely that conduct will be repeated soon.
•	“Harm to self” means both:
•	The person’s recent behavior shows they lack capacity to meet basic personal or medical needs, risking serious bodily injury or debilitation in the near future if not treated.
•	It is likely the person will suffer serious physical debilitation soon without adequate treatment.
2. Application to Mental Health Proceedings:
•	Commitment Proceedings: These new definitions guide how courts and professionals decide whether someone meets criteria for involuntary commitment or assisted outpatient treatment.
•	Assisted Outpatient Treatment: People meeting the new criteria of “harm to self or others” can qualify for mandatory outpatient services.
3. Other Definitions & References Remain Unchanged:
•	Terms like “client,” “evaluation facility,” “treatment,” and “assisted outpatient treatment” stay the same except that “harm to self” and “harm to others” definitions are replaced with the new language.
•	The legislation deletes references to “likely to result in serious harm” and replaces them with “harm to self or others” as newly defined.