LAS CRUCES – At a status conference today, Third Judicial District Judge Douglas R. Driggers verified that Justin Quintana, 35, is not guilty by reason of insanity, even though the New Mexico Supreme Court struck down the commitment to the New Mexico Behavioral Health Institute for the criminal case against him. Here is a statement on the case from the Third Judicial District's Attorney's Office:
On Aug. 25, 2017, Quintana was found to be not guilty by reason of insanity and remanded into the custody of the New Mexico Behavioral Health Institute in Las Vegas, NM, for an indefinite period of time, where he was to be secured and treated to sanity or until he no longer posed a danger to himself or the public.
However, the ruling was appealed by the New Mexico Department of Health on the grounds that New Mexico law does not permit a person found to be not guilty by reason of insanity to be ordered to be secured and treated against his or her will under these circumstances.
At a hearing on January 8, the New Mexico Supreme Court agreed.
Because of the status of the law, the State has pursued every avenue at its disposal to see that Quintana continue to receive treatment in a secure facility until such time as he is well. This points to a serious gap in state law that must be addressed.
Our recommendation to the New Mexico state legislature would be to provide an avenue for long-term treatment in a secured facility for those found to be not guilty by reason of insanity.