New Mexico Statutes
N.M. Stat. § 43-1-13 (2026)
Involuntary commitment of developmentally disabled
✓ current as of May 2026
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adults to residential care.
A. A guardian appointed pursuant to the Uniform Probate Code [Chapter 45 NMSA
1978] may file an application with an evaluation facility seeking residential habilitation
services for the protected person. The application shall set forth the basis for the
guardian's belief that residential habilitation is necessary and shall include a copy of
pertinent medical and psychological evaluations that have been completed.
B. Upon receipt of an application filed according to Subsection A of this section, an
evaluation facility may accept the proposed client for a period of evaluation and
treatment not to exceed fourteen days. An evaluation facility shall prepare an
individualized habilitation plan that shall be consistent with the least drastic means
principle.
C. If the habilitation plan recommends residential services, the evaluation facility
shall file with the court a petition for extended residential placement. Upon receipt of the
petition, the court shall appoint an attorney to represent the proposed client. Notice of
the hearing scheduled on the petition and a copy of the habilitation plan shall be given
to the proposed client, the client's attorney and the client's guardian. The petition shall
contain a list of the names and addresses of proposed witnesses.
D. At the hearing on the petition, the proposed client shall be represented by
counsel and shall have the right to present evidence on the proposed client's behalf,
including testimony of a developmental disability professional of the proposed client's
choosing; to cross-examine witnesses; to be present at the hearing; and to trial by a six-
person jury, if requested. A complete record of the hearing shall be made. There shall
be a right to an expeditious appeal.
E. The guardian of an adult involved in a commitment proceeding for extended
residential habilitation services 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.
F. The court shall include in its findings the guardian's opinion regarding the need
for residential habilitation services or a statement detailing the efforts made to ascertain
the guardian's opinion.
G. The court shall order residential placement of the proposed client if it is
established by clear and convincing evidence that the proposed client has a
developmental disability that creates an imminent likelihood of serious harm to the
proposed client's self or to others, or the person is so greatly disabled that residential
services would be in the person's best interest and that such residential placement is, in
the person's case, the least drastic means. The court's order of residential placement
shall be for a period not to exceed six months. 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.
H. The court shall order placement that is least restrictive to the client and may
order attendance and participation as a nonresident in habilitation programs conducted
at residential or nonresidential facilities.
I. Any client involuntarily referred for habilitation treatment shall be entitled to a
reexamination of the order for the client's involuntary referral for habilitation and
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 or cause to be
conducted by a special commissioner 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
habilitation and treatment or sooner than sixty days after the filing of a previous petition
under this subsection.
J. Nothing in this section shall limit the right of a client to petition the court for a writ
of habeas corpus.
K. No developmental disabilities treatment or habilitation facility is required to
detain, treat or provide services to a client when the client does not appear to require
detention, treatment or habilitation.
History: 1953 Comp., § 34-2A-12, enacted by Laws 1977, ch. 279, § 12; 1978, ch. 161,
§ 7; 2009, ch. 159, § 16.
ANNOTATIONS
Cross references. — For Office of Guardianship Act, see 28-16B-1 NMSA 1978.
The 2009 amendment, effective June 19, 2009, in Subsection A, deleted "the
department or" and changed "ward" to "the protected person"; in Subsection B, deleted
"the department or" and added "an"; in Subsection C, deleted "department or"; and
added Subsections E and F.
Petition for court order provides adversary hearing. — A petition for a court order
under this section does not involve a judicial review of administrative action. Rather it
provides for an adversary hearing between the health and environment department
(now the department of health) and the patient. State v. Clayton, 1981-NMCA-018, 95
N.M. 644, 625 P.2d 99.
Court may order specific placement. — Subsections E and F authorize the district
court to order the specific placement of an individual client within an adequate
habilitation program. State v. Clayton, 1981-NMCA-018, 95 N.M. 644, 625 P.2d 99.
Commitment facility as site for hearing. — Absent a showing by the
"developmentally disabled" person that his substantive rights have in any way been
abridged if his involuntary commitment hearing is not held at the county seat, the district
court is not precluded from adopting the practice of holding such hearings at the
commitment facility when, in its discretion, such practice would better serve the public
convenience. 1979 Op. Att'y Gen. No. 79-20.
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).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Modern status of rules as to standard of
proof required in civil commitment proceedings, 97 A.L.R.3d 780.
Necessity and sufficiency of statements informing one under investigation for
involuntary commitment of right to remain silent, 23 A.L.R.4th 563.Notes of Decisions
Cited in 8
cases, 1981–2017 · leading case: State v. Linares, 2017-NMSC-014, 393 P.3d 691.
State v. Linares, 2017-NMSC-014, 393 P.3d 691. “Accordingly, the Thirteenth Judicial District Court committed Linares to the DOH under Section 43-1-13 for a period of habilitation not to exceed six months.”
Jackson Ex Rel. Jackson v. Fort Stanton Hosp. & Training Sch., 757 F. Supp. 1243 (D.N.M. 1990). “” Section 43-1-13 establishes the procedures for residential placement if, upon evaluation, a facility decides to recommend such services.”
Matter of Sanders, 773 P.2d 1241 (N.M. Ct. App. 1989). “In involuntary mental health commitment proceedings in New Mexico the burden is imposed upon the state to prove the need for commitment by clear and convincing evidence.”
Sanders v. New Mexico Health & Env't Dep't, 773 P.2d 1241 (N.M. Ct. App. 1989). “NMSA 1978, §§ 43-1-13(E), -16.1(G) (Repl.”
State v. Clayton, 625 P.2d 99 (N.M. Ct. App. 1981). “In both cases the Department submitted an “Individual Habilitation Plan,” § 43-1-13(B), supra, and in both cases, after an evidentiary hearing at which the patient was represented by counsel, § 43-l-13(D), supra, the trial court committed the patients for residential placement…”
State v. Linares, 393 P.3d 691 (N.M. 2017). “Accordingly, the Thirteenth Judicial 18 District Court committed Linares to the DOH under Section 43-1-13 for a period of 22 1 habilitation not to exceed six months.”
Dominguez v. State, 798 P.2d 219 (N.M. Ct. App. 1990). “However, instead of incorporating rights granted by a previous section, as does Section 43-l-12(B), it expressly sets out the requirements for a hearing upon petition, including representation by counsel, opportunity to present evidence, testimony by a developmental disability…”
JL ex rel. Thompson v. New Mexico Dep't of Health, 168 F. Supp. 3d 1365 (D.N.M. 2016). “- N.M. Stat. Ann. § 43-1-13 (1977). The General Counsel’s Office of DOH, including Defendant Attorney Schaefer, formed the legal opinion that the legislative amendments terminated by operation of law all pre-existing commitment orders that were for an indefinite period, and…”
N.M. Stat. § 43-1-13(B): 1 case
State v. Clayton, 625 P.2d 99 (N.M. Ct. App. 1981). “In both cases the Department submitted an “Individual Habilitation Plan,” § 43-1-13(B), supra, and in both cases, after an evidentiary hearing at which the patient was represented by counsel, § 43-l-13(D), supra, the trial court committed the patients for residential placement…”
N.M. Stat. § 43-1-13(C): 1 case
State v. Clayton, 625 P.2d 99 (N.M. Ct. App. 1981). “In both cases the Department submitted an “Individual Habilitation Plan,” § 43-1-13(B), supra, and in both cases, after an evidentiary hearing at which the patient was represented by counsel, § 43-l-13(D), supra, the trial court committed the patients for residential placement…”
N.M. Stat. § 43-1-13(E): 3 cases
Matter of Sanders, 773 P.2d 1241 (N.M. Ct. App. 1989). “In involuntary mental health commitment proceedings in New Mexico the burden is imposed upon the state to prove the need for commitment by clear and convincing evidence.”
Sanders v. New Mexico Health & Env't Dep't, 773 P.2d 1241 (N.M. Ct. App. 1989). “NMSA 1978, §§ 43-1-13(E), -16.1(G) (Repl.”
State v. Clayton, 625 P.2d 99 (N.M. Ct. App. 1981). “In both cases the Department submitted an “Individual Habilitation Plan,” § 43-1-13(B), supra, and in both cases, after an evidentiary hearing at which the patient was represented by counsel, § 43-l-13(D), supra, the trial court committed the patients for residential placement…”
N.M. Stat. § 43-1-13(G): 2 cases
State v. Linares, 2017-NMSC-014, 393 P.3d 691. “Accordingly, the Thirteenth Judicial District Court committed Linares to the DOH under Section 43-1-13 for a period of habilitation not to exceed six months.”
State v. Linares, 393 P.3d 691 (N.M. 2017). “Accordingly, the Thirteenth Judicial 18 District Court committed Linares to the DOH under Section 43-1-13 for a period of 22 1 habilitation not to exceed six months.”
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