Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR López
LAST UPDATED
ORIGINAL DATE 3/11/2025
SHORT TITLE Behavioral Health Review Committee
BILL
NUMBER Senate Bill 405
ANALYST Hernandez
APPROPRIATION*
(dollars in thousands)
FY25 FY26
Recurring or
Nonrecurring
Fund
Affected
$300.0 Nonrecurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
LCS
No fiscal
impact
At least $75.25 At least $75.25 $150.2 Nonrecurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Department of Health (DOH)
Health Care Authority (HCA)
Administrative Office of the Courts (AOC)
Administrative Office of the District Attorneys
SUMMARY
Synopsis of Senate Bill 405
Senate Bill 405 (SB405) appropriates $300 thousand in FY26 and FY27 from the general fund to
Legislative Council Services for the purpose of establishing the bipartisan blue ribbon behavioral
health statutory review committee, composed of subject matter experts, to propose policies and
practices related to behavioral health law reform in New Mexico. Moreover, the committee is
tasked with proposing statewide policies and practices for treatment court programs.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
Senate Bill 405 – Page 2
FISCAL IMPLICATIONS
The appropriation of $300 thousand contained in this bill is a nonrecurring expense to the
general fund. Any unexpended or unencumbered balance remaining at the end of FY26 shall
revert to the general fund.
LFC and the Administrative Office of the Courts both note that the appropriation may not be
sufficient to provide per diem and mileage for the committee members at the meeting frequency
described in the proposal, in conjunction with hiring staff and subject matter experts. Assuming
that there is a minimum of 56 individuals on the criminal justice policy collaborative task force,
per SB405, and they were to meet in-person twice a month, the total cost of just per diem is
$127.7 thousand—this does not include mileage. Moreover, assuming that the committee also
meets a minimum of twice a month in person and has at least 10 members, their per diem cost is
$22.8 thousand annually. That leaves $149.5 thousand for both mileage and staff salaries, which
may not be sufficient.
SIGNIFICANT ISSUES
The Department of Health (DOH) notes that behavioral health issues are widespread in New
Mexico and impact all populations. Despite this, significant disparities exist in access and
treatment.
According to the Administrative Office of the Courts (AOC):
Much of what is proposed in SB405 regarding treatment courts is already established and
in practice throughout New Mexico. The Therapeutic Justice Support Program (TJSP)
exists within the AOC for the sole purpose of reviewing national standards, implementing
best practices related to treatment courts and providing technical assistance and support
to the treatment court programs throughout the state.
TECHNICAL ISSUES
AOC notes that in Section 1, B the “[the bill lacks a] definition of “marginalized population;”
interpretation of this term could be varied and thus create conflict within the committee
regarding priorities and goals.”
AEH/hj/SL2