SANTA FE — New Mexico lawmakers have introduced legislation that would more clearly define when a person may be considered a danger to themselves or others for purposes of involuntary commitment and treatment.
Senate Bill 3, introduced during the 2026 legislative session, amends the state’s Mental Health and Developmental Disabilities Code and the Assisted Outpatient Treatment Act by establishing statutory definitions for “harm to self” and “harm to others.”
Under the bill, “harm to others” would be defined as conduct in which a person has inflicted or attempted to inflict serious bodily harm on another individual, or has engaged in behavior that creates a substantial risk of serious bodily harm that is likely to be repeated.
“Harm to self” would be defined as behavior indicating that a person is more likely than not to attempt suicide or cause serious bodily harm to themselves. The definition also includes situations in which a person, due to a lack of decisional capacity, is unable to meet basic personal needs such as food, shelter, medical care or personal safety, placing them at risk of serious harm.
The definitions would apply to court proceedings involving involuntary commitment and assisted outpatient treatment, both of which allow judicial intervention when an individual’s mental condition meets certain legal thresholds.
The bill does not change the overall process for involuntary commitment or outpatient treatment, but supporters say the clarified language is intended to provide greater consistency for courts, clinicians and law enforcement when determining whether a person meets the legal criteria for intervention.
SB 3 is sponsored by Sens. Antonio Maestas, Crystal Brantley, Pete Campos and Pamelya Herndon.
The bill was reviewed on the opening day of the session by the Senate Committees’ Committee, which determined that it falls within the scope of legislation permitted during the 30-day session. The measure then passed the Senate Judiciary Committee on the second day of session.
