New Mexico Statutes
N.M. Stat. § 43-1-12 (2026)
Extended commitment of adults.
✓ laws through the 2025 session (retrieved May 2026)
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A. A physician or evaluation facility may file a petition for extended commitment
within twenty-one days after the beginning of the thirty-day commitment. The petition
shall explain the necessity for extended commitment, specify the treatment that has
been provided during the evaluation and include an individual treatment plan for the
proposed commitment period. The petition shall list the prospective witnesses for
commitment and a summary of the matters to which they will testify. Copies of the
petition shall be served on the client, the client's guardian, and treatment guardian if one
has been appointed, and the client's attorney.
B. A hearing shall be held upon the petition prior to the expiration of the thirty-day
commitment period, at which the client shall have all rights granted to the client under
Section 43-1-11 NMSA 1978 and in addition shall have a right to a trial by a six-person
jury, if requested, and to an expeditious appeal, unless waived.
C. A court-appointed guardian for an adult involved in an involuntary commitment
proceeding shall have automatic standing to appear at all stages of the proceeding and
shall be allowed to testify by telephone or through affidavit if circumstances make live
testimony too burdensome.
D. The court shall include in its findings the guardian's opinion regarding the need
for involuntary treatment or a statement detailing the efforts made to ascertain the
guardian's opinion.
E. If, at the conclusion of the hearing, the fact-finder determines by clear and
convincing evidence that the client presents a likelihood of harm to the client's self or to
others, that extended treatment is likely to improve the client's condition and that the
proposed extended commitment is consistent with the least drastic means principle, the
court shall order commitment of the client for a period not to exceed six months, except
that when the client has been committed for two consecutive periods of commitment,
any commitment commencing thereafter shall not exceed one year. At the expiration of
the commitment order, the client may be detained only after a new commitment hearing,
unless waived after consultation with the client's attorney, and entry of a new order for
commitment not to exceed six months.
F. A client involuntarily referred for treatment pursuant to this section shall be
entitled to a reexamination of the order for the client's involuntary referral for treatment
on the client's own petition, or that of the client's legal guardian, parent, spouse, relative
or friend, to the district court of the county in which the client resides or is detained.
Upon receipt of the petition, the court shall conduct a proceeding in accordance with this
section, except that a proceeding shall not be required to be conducted if the petition is
filed sooner than sixty days after the issuance of the order for involuntary referral for
treatment or sooner than sixty days after the filing of a previous petition under this
subsection.
G. Nothing in this section shall limit the right of a client to petition the court for a writ
of habeas corpus.
H. Nothing in this code shall prohibit a client from seeking voluntary admission
under Section 43-1-14 NMSA 1978.
I. No mental health treatment facility is required to detain, treat or provide services
to a client when the client does not require such detention, treatment or services.
History: 1953 Comp., § 34-2A-11, enacted by Laws 1977, ch. 279, § 11; 1978, ch. 161,
§ 6; 2009, ch. 159, § 15.
ANNOTATIONS
Compiler's notes. — For the meaning of "code", see 43-1-3C and 43-1-2 NMSA 1978.
The 2009 amendment, effective June 19, 2009, in Subsection A, at the beginning of
the sentence, deleted "The department" and added the article "A" and in the last
sentence, added "the client’s guardian, and treatment guardian if one has been
appointed"; in Subsection B, changed 34-2A-10 NMSA 1978 to 43-1-11 NMSA 1978;
added Subsections C and D; and in Subsection H, changed 34-2A-13 NMSA 1978 to
43-1-14 NMSA 1978.
Entitlement to independent mental health professional. — The language of
Subsections B and D, when read along with the provisions of 43-1-11 NMSA 1978,
clearly evinces a legislative intent to accord to a client the right to the assistance of an
independent mental health professional. Dominguez v. State, 1990-NMCA-098, 110
N.M. 618, 798 P.2d 219.
Payment of cost for independent mental health professional. — The state is
required to defray the reasonable cost of providing an independent mental health
professional for an indigent client. Dominguez v. State, 1990-NMCA-098, 110 N.M. 618,
798 P.2d 219.
Law reviews. — For article, "Treating Children Under the New Mexico Mental Health
and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
For comment, "Mental Health Law - Temporary Detention of 'Voluntary' Patients by
Hospital Authorities: Due Process Issues," see 12 N.M.L. Rev. 791 (1982).
For article, "The Guilty But Mentally Ill Verdict and Plea in New Mexico," see 13 N.M.L.
Rev. 99 (1983).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Standard of proof required under statute
providing for commitment of sexual offenders or sexual psychopaths, 96 A.L.R.3d 840.
Modern status of rules as to standard of proof required in civil commitment proceedings,
97 A.L.R.3d 780.Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1990–2024 · leading case: New Mexico Dep't of Health v. Compton, 2001-NMSC-032, 34 P.3d 593.
New Mexico Dep't of Health v. Compton, 2001-NMSC-032, 34 P.3d 593. “NMSA 1978, § 43-1-12 (1978). In addition to the procedural protections available under Section 43-1-11, the client has the right to request a six-person jury at the hearing.”
State v. Trujillo, 2009-NMSC-012, 206 P.3d 125. “the factfinder determines by clear and convincing evidence that the client presents a likelihood of harm to himself or others, that extended treatment is likely to improve the client’s condition and that the proposed ... commitment is consistent with the least drastic means…”
Garcia v. Las Vegas Med. Ctr., 816 P.2d 510 (N.M. Ct. App. 1991). “See NMSA 1978, § 43-1-12 (Repl.Pamp. 1989). 4 .”
State v. Werner, 796 P.2d 610 (N.M. Ct. App. 1990). “§ 43-1-3(N) (defines “likelihood of serious harm to others” in terms of likelihood that individual will “commit a criminal sexual offense”) and § 43-1-12(C) (providing for civil commitment of persons presenting a “likelihood of serious harm to * * * others.”
JL ex rel. Thompson v. New Mexico Dep't of Health, 165 F. Supp. 3d 996 (D.N.M. 2015). “See N.M. Stat. Ann. § 43-1-12 (C), (D) (1977).”
In re Lewis, 558 P.3d 367 (N.M. Ct. App. 2024). “{1} Respondent Heather Lewis appeals the district court’s order involuntarily committing her to the New Mexico Behavioral Health Institute (NMBHI) for thirty days, pursuant to NMSA 1978, Section 43-1-11(A) (2009); and its order denying the Petitioner State of New Mexico’s motion…”
In Re Lewis, 558 P.3d 367 (N.M. Ct. App. 2024). “3 {1} Respondent Heather Lewis appeals the district court’s order involuntarily 4 committing her to the New Mexico Behavioral Health Institute (NMBHI) for thirty 5 days, pursuant to NMSA 1978, Section 43-1-11(A) (2009); and its order denying the 6 Petitioner State of New…”
Dominguez v. State, 798 P.2d 219 (N.M. Ct. App. 1990). “] The state argues that because the client’s rights were not specifically enumerated in Section 43-l-12(D), the legislature could not have intended that the client have the same rights referred to in other subsections of Section 43-1-12. Respondent argues, and we agree, that the…”
N.M. Stat. § 43-1-12(0): 1 case
State v. Trujillo, 2009-NMSC-012, 206 P.3d 125. “the factfinder determines by clear and convincing evidence that the client presents a likelihood of harm to himself or others, that extended treatment is likely to improve the client’s condition and that the proposed ... commitment is consistent with the least drastic means…”
N.M. Stat. § 43-1-12(A): 2 cases
In Re Lewis, 558 P.3d 367 (N.M. Ct. App. 2024). “3 {1} Respondent Heather Lewis appeals the district court’s order involuntarily 4 committing her to the New Mexico Behavioral Health Institute (NMBHI) for thirty 5 days, pursuant to NMSA 1978, Section 43-1-11(A) (2009); and its order denying the 6 Petitioner State of New…”
In re Lewis, 558 P.3d 367 (N.M. Ct. App. 2024). “{1} Respondent Heather Lewis appeals the district court’s order involuntarily committing her to the New Mexico Behavioral Health Institute (NMBHI) for thirty days, pursuant to NMSA 1978, Section 43-1-11(A) (2009); and its order denying the Petitioner State of New Mexico’s motion…”
N.M. Stat. § 43-1-12(B): 4 cases
New Mexico Dep't of Health v. Compton, 2001-NMSC-032, 34 P.3d 593. “NMSA 1978, § 43-1-12 (1978). In addition to the procedural protections available under Section 43-1-11, the client has the right to request a six-person jury at the hearing.”
In re Lewis, 558 P.3d 367 (N.M. Ct. App. 2024). “{1} Respondent Heather Lewis appeals the district court’s order involuntarily committing her to the New Mexico Behavioral Health Institute (NMBHI) for thirty days, pursuant to NMSA 1978, Section 43-1-11(A) (2009); and its order denying the Petitioner State of New Mexico’s motion…”
In Re Lewis, 558 P.3d 367 (N.M. Ct. App. 2024). “3 {1} Respondent Heather Lewis appeals the district court’s order involuntarily 4 committing her to the New Mexico Behavioral Health Institute (NMBHI) for thirty 5 days, pursuant to NMSA 1978, Section 43-1-11(A) (2009); and its order denying the 6 Petitioner State of New…”
Dominguez v. State, 798 P.2d 219 (N.M. Ct. App. 1990). “] The state argues that because the client’s rights were not specifically enumerated in Section 43-l-12(D), the legislature could not have intended that the client have the same rights referred to in other subsections of Section 43-1-12. Respondent argues, and we agree, that the…”
N.M. Stat. § 43-1-12(C): 1 case
State v. Werner, 796 P.2d 610 (N.M. Ct. App. 1990). “§ 43-1-3(N) (defines “likelihood of serious harm to others” in terms of likelihood that individual will “commit a criminal sexual offense”) and § 43-1-12(C) (providing for civil commitment of persons presenting a “likelihood of serious harm to * * * others.”
N.M. Stat. § 43-1-12(E): 3 cases
New Mexico Dep't of Health v. Compton, 2001-NMSC-032, 34 P.3d 593. “NMSA 1978, § 43-1-12 (1978). In addition to the procedural protections available under Section 43-1-11, the client has the right to request a six-person jury at the hearing.”
In Re Lewis, 558 P.3d 367 (N.M. Ct. App. 2024). “3 {1} Respondent Heather Lewis appeals the district court’s order involuntarily 4 committing her to the New Mexico Behavioral Health Institute (NMBHI) for thirty 5 days, pursuant to NMSA 1978, Section 43-1-11(A) (2009); and its order denying the 6 Petitioner State of New…”
In re Lewis, 558 P.3d 367 (N.M. Ct. App. 2024). “{1} Respondent Heather Lewis appeals the district court’s order involuntarily committing her to the New Mexico Behavioral Health Institute (NMBHI) for thirty days, pursuant to NMSA 1978, Section 43-1-11(A) (2009); and its order denying the Petitioner State of New Mexico’s motion…”
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