New Mexico's Department of Corrections (NMCD) provides mental health care to state prisoners through its Health Services Bureau (HSB), which contracts the delivery of all healthcare -- including mental health services -- to private, for-profit companies. This arrangement has generated a documented pattern of constitutional failures: Prison Legal News obtained settlement agreements showing $8 million in lawsuit payments from Centurion Correctional Healthcare (NMCD contractor 2016-2019) and a similarly grim pattern from Wexford Health Sources (which took over after Centurion). The pattern of contracted medical neglect in New Mexico prisons -- and the resulting litigation -- is among the most documented in this series.
NMCD does not charge medical co-payments. NMCD policy CD-170100-1 explicitly states that NMCD currently does not impose medical co-payments.
Within the NMCD system, Central New Mexico Correctional Facility (CNMCF) in Los Lunas houses a dedicated Mental Health Treatment Center (MHTC) for prisoners requiring more intensive mental health care. For forensic evaluation and inpatient psychiatric care, the New Mexico Behavioral Health Institute (NMBHI) in Las Vegas, New Mexico, serves as the state's only publicly funded adult psychiatric hospital.
New Mexico has also made significant 2025 legislative reforms to its criminal competency system with House Bill 8 -- expanding court-ordered mental health treatment options for defendants with competency issues rather than defaulting to release and dismissal.
New Mexico does not have active federal court oversight specifically of NMCD prison mental health care.
What New Mexico Prisoners Are Entitled To
Under Estelle v. Gamble (1976) and NMCD Policy CD-170100-1:
- A comprehensive healthcare services program staffed by qualified healthcare professionals, available to all inmates.
- No medical co-payments.
- Behavioral health services using a biopsychosocial model -- diagnostic assessment, treatment, and programming.
- For those who are seriously mentally ill, chronically ill, physically disabled, geriatric, or developmentally disabled: consultation between facility, program administrator, and responsible healthcare practitioner before administrative decisions including transfers.
- When transferred to special management housing: healthcare staff screening.
Mental Health Screening at Intake
NMCD conducts health intake screening for all incoming prisoners, which includes behavioral health assessment. The Reception and Diagnostic Center (RDC) at CNMCF is the primary reception and classification point for male NMCD prisoners.
If your person has a psychiatric history, provide documentation at intake -- prior hospitalizations, diagnoses, and active medications -- to support accurate initial classification and medication continuity.
NMCD Behavioral Health Services
NMCD's Behavioral Health Services (under the Health Services Bureau) provides:
Diagnostic assessment, treatment, and programming: Using a biopsychosocial model that accounts for physical, psychological, and social factors affecting the prisoner's wellbeing.
Mental health treatment programs: Services designed to assist prisoners in attaining and maintaining cognitive and emotional wellbeing.
Addictions programming: Programs to increase public and institutional safety, reduce recidivism, and increase the capacity of prisoners to live responsible lives through treatment of substance addiction.
SUD residential program: The Residential Drug Abuse Program (RDAP) uses evidence-based treatment incorporating social learning theory to develop pro-social behavior through group therapy, cognitive behavioral techniques, interpersonal problem solving, peer-oriented group therapy, role modeling, and social skills training. RDAP peer mentors (program graduates) assist new participants.
Community volunteers: AA, NA, faith-based mentoring programs, parenting programs.
The NMCD policy explicitly frames Behavioral Health Services as being under both the Division of Adult Prisons (clinical services) and the Reentry Division (pre-release programming).
The Mental Health Treatment Center at CNMCF
Central New Mexico Correctional Facility (CNMCF) in Los Lunas, Valencia County is NMCD's largest and most diverse correctional facility. In addition to housing the Reception and Diagnostic Center (RDC) for male reception and classification, CNMCF houses:
Mental Health Treatment Center (MHTC): The dedicated mental health housing and treatment center within NMCD for prisoners who require more intensive mental health care than general population facilities can provide.
Long Term Care Unit (LTCU): Serving prisoners with chronic medical conditions.
Geriatric unit: For elderly prisoners with complex medical needs.
Restrictive Housing Unit (RHU): General restrictive housing.
The MHTC is the primary intensive mental health resource within the NMCD system for sentenced state prisoners. Prisoners whose mental health needs exceed what their facility can provide may be transferred to CNMCF for MHTC placement.
The Forensic Treatment Unit
NMCD Policy CD-170100-1 references the Forensic Treatment Unit (FTU) as a destination for prisoner transport -- "The other place can be a hospital, court, a special program, or the Forensic Treatment Unit." The FTU provides forensic-level psychiatric treatment for NMCD prisoners who require a higher level of inpatient psychiatric care within the corrections system.
The current location and capacity of the FTU within NMCD should be confirmed at publish.
The New Mexico Behavioral Health Institute (NMBHI)
The New Mexico Behavioral Health Institute (NMBHI) in Las Vegas, New Mexico (San Miguel County) is the state's only publicly funded adult psychiatric hospital. NMBHI operates:
Adult Psychiatric Division: The only publicly funded adult psychiatric inpatient program in New Mexico. Serves adults throughout the state.
Forensic Division: Provides treatment to competency (competency restoration) for adult patients who have been charged with committing a felony and found incompetent to stand trial (IST). This is the primary pathway for IST defendants from NMCD and county jails.
Long-Term Care Division: Licensed long-term nursing care for elderly and disabled residents.
NMBHI is Joint Commission accredited and CMS certified.
For NMCD prisoners who require inpatient psychiatric care beyond what the MHTC or FTU can provide, NMBHI is the destination. For IST defendants in the pretrial pipeline, NMBHI's forensic division provides competency restoration.
The Contractor Care Failure Pattern
Prison Legal News, in a February 2025 article and a December 2024 predecessor, documented a pattern of constitutional failures and lawsuit settlements by NMCD's private healthcare contractors:
Centurion Correctional Healthcare of New Mexico, LLC (NMCD contractor June 6, 2016 to October 31, 2019): $8 million in lawsuit settlement payments obtained from agreement documents.
Wexford Health Sources, Inc. (contractor after Centurion): PLN's February 2025 article reported "a similarly grim story" of settlement agreements from Wexford.
Collins and Collins P.C., a New Mexico law firm, has documented extensive whistleblower complaints from correctional officers and healthcare personnel about NMCD and its contractors, stating they have seen "systemic abuse and neglect."
The current NMCD healthcare contractor should be confirmed at publish.
This pattern matters for families: all clinical mental health care decisions are made by employees of NMCD's private contractor, not NMCD directly. Grievances go through NMCD's administrative process regardless of the contractor's involvement.
HB 8 (2025): Criminal Competency Reform
New Mexico's 2025 omnibus public safety bill, House Bill 8, included major reforms to the criminal competency process. Key provisions:
Expanded treatment options: Expanded options for court-ordered mental health treatment for defendants accused of misdemeanors and low-level felonies, rather than defaulting to release and dismissal when competency issues arise.
Competency diversion: HB 8 builds on seven pilot programs statewide funded in 2024 with $3 million from the legislature for both competency diversion and assisted outpatient treatment.
The reform reflects a stated legislative recognition that defendants with serious mental illness "may not be dangerous" but "aren't capable of making decisions that advance their welfare" and need treatment rather than criminal prosecution.
This reform primarily affects the pre-prison pipeline -- people in the criminal justice system who have not yet been sentenced to NMCD custody. It does not change conditions inside NMCD prisons directly, but it affects the population entering NMCD by providing treatment alternatives.
MAT (Medication-Assisted Treatment)
New Mexico has been working to implement MAT access in correctional facilities. As of September 2024, the New Mexico Human Services Department proposed rules for services in NMCD correctional facilities effective September 1, 2024 (with some provisions delayed to December 31, 2025). NM Statute NMSA 24-1-5.11 governs MAT in correctional facilities.
For prisoners with opioid use disorder or alcohol use disorder, ask whether MAT (including methadone, buprenorphine, or naltrexone) is available at the facility where your person is housed.
What Families Can Do
If your person is in NMCD custody and has a mental illness:
Provide psychiatric history at intake. Supply documentation at the RDC at CNMCF (for male reception) or the female reception facility. Psychiatric history, diagnoses, and active medications should be documented at intake to support accurate classification.
Know NMCD does not charge co-payments. All healthcare in NMCD, including mental health, is provided without co-payments. If your person is being told they must pay for mental health services, this is contrary to NMCD policy CD-170100-1.
Know the MHTC at CNMCF. If your person has serious mental illness that cannot be managed at their current facility, ask whether a transfer to CNMCF's Mental Health Treatment Center has been considered.
Know the Forensic Treatment Unit pathway. For higher-level inpatient psychiatric needs within the corrections system, ask whether the Forensic Treatment Unit has been considered.
Know the NMBHI pathway. For the most acute inpatient psychiatric needs, NMBHI in Las Vegas, NM is the state's only publicly funded psychiatric hospital and the forensic treatment destination for IST patients. Ask whether a transfer to NMBHI has been considered if needs are severe.
Know the contractor failure pattern. All clinical care is delivered by NMCD's private contractor. Document all requests and responses in writing. The documented history of settlement payments from prior contractors means that families who experience care denials should escalate quickly and document everything.
Ask about MAT. If your person has opioid or alcohol use disorder, ask whether medication-assisted treatment (MAT) is available at their facility under NMSA 24-1-5.11.
Ask about reentry behavioral health planning. NMCD's Reentry Division Behavioral Health Services provides pre-release programming and connections to community services. Ask what community mental health providers have been identified in the area of release, whether Medicaid enrollment has been initiated, and whether medication continuity is arranged.
File a grievance. NMCD has an administrative grievance process. File formal grievances for: failure to conduct mental health screening, denial of mental health treatment, MHTC or FTU referral denials, medication interruption, and failure to initiate reentry mental health planning.
Contact Disability Rights New Mexico. DRNM (drnm.org) is the federally mandated Protection and Advocacy organization for New Mexico and monitors conditions for people with mental illness and disabilities in NMCD facilities.
Seek legal help. Given the documented pattern of contractor care failures in NMCD, families whose person has been harmed by medical or mental health neglect have grounds for legal action. Collins and Collins P.C. (collinsattorneys.com) handles NMCD medical and mental health neglect cases. Consult a prisoner rights attorney with experience in New Mexico's federal courts (District of New Mexico).
Frequently asked questions
How does New Mexico screen prisoners for mental illness?
NMCD's Health Services Bureau conducts intake health screening for all incoming prisoners, including behavioral health assessment, at the Reception and Diagnostic Center (RDC) at CNMCF for men. Screening identifies mental health history, diagnoses, and active psychiatric medications, driving placement and care assignment. NMCD does not charge co-payments. Provide psychiatric documentation at intake -- prior hospitalizations, diagnoses, and active medications.
What mental health services does NMCD provide?
NMCD Behavioral Health Services (under HSB) provides: diagnostic assessment, treatment, and programming using a biopsychosocial model; mental health treatment programs to assist prisoners in maintaining cognitive and emotional wellbeing; addictions programming; SUD residential treatment through RDAP; AA/NA and faith-based programs through community volunteers. Services are provided by NMCD's private healthcare contractor under HSB oversight.
What is the Mental Health Treatment Center at CNMCF?
The Mental Health Treatment Center (MHTC) at Central New Mexico Correctional Facility (CNMCF, Los Lunas, Valencia County) is the dedicated intensive mental health housing and treatment unit within NMCD for prisoners requiring more intensive care than general population facilities provide. CNMCF also houses the Reception and Diagnostic Center (RDC), Long Term Care Unit, a geriatric unit, and Restrictive Housing Unit. The MHTC is the primary intensive mental health resource within the sentenced state prison population.
Who provides mental health care in New Mexico prisons?
All healthcare in NMCD, including mental health care, is delivered by a private, for-profit contractor under the Health Services Bureau. The contractor has changed multiple times: Centurion Correctional Healthcare (2016-2019), then Wexford Health Sources. Prison Legal News documented $8 million in lawsuit settlements from Centurion and a "similarly grim" pattern from Wexford. The current contractor should be confirmed at publish. Grievances go through NMCD's administrative process.
What is NMCD's history of contractor care failures?
Prison Legal News documented two successive private healthcare contractor failures at NMCD. Centurion Correctional Healthcare (2016-2019) generated $8 million in lawsuit settlement payments documented in obtained agreements. Wexford Health Sources (took over after Centurion) generated a "similarly grim" settlement pattern documented in PLN's February 2025 article. New Mexico law firm Collins and Collins P.C. documents ongoing whistleblower complaints from NMCD correctional officers and healthcare personnel about systemic abuse and neglect.
What is the NM Behavioral Health Institute's role?
The New Mexico Behavioral Health Institute (NMBHI) in Las Vegas, New Mexico is the state's only publicly funded adult psychiatric hospital. It serves three populations: the Adult Psychiatric Division (only publicly funded adult psychiatric inpatient program in NM); the Forensic Division (competency restoration for adults charged with felonies and found incompetent to stand trial); and the Long-Term Care Division (nursing care for elderly and disabled residents). NMBHI is Joint Commission and CMS accredited. For NMCD prisoners with the most acute psychiatric needs, NMBHI is the primary hospital referral.
What is New Mexico HB 8 on competency reform?
House Bill 8 (2025, omnibus public safety bill) reformed New Mexico's criminal competency process, expanding options for court-ordered mental health treatment for defendants with competency issues charged with misdemeanors and low-level felonies rather than defaulting to release and dismissal. The legislature allocated $3 million in 2024 for seven pilot programs for competency diversion and assisted outpatient treatment. This reform targets the pre-prison pipeline, providing treatment alternatives for SMI defendants before they enter NMCD custody.
How does New Mexico handle mental health care at release?
NMCD's Reentry Division Behavioral Health Services provides pre-release programming and connects prisoners with community mental health resources before release. New Mexico's community behavioral health system is administered through the NM Human Services Department/Behavioral Health Services Division. For people approaching release with mental health needs, ask what community mental health providers have been identified in the release area, whether Medicaid enrollment is underway, and whether medication continuity is arranged. MAT continuity should also be specifically addressed if the person is receiving MAT.
What can families do if mental health care is denied in NM?
Provide psychiatric documentation at intake. Know that NMCD does not charge medical co-payments -- cite CD-170100-1 if co-payments are demanded. Know the MHTC at CNMCF for intensive mental health housing. Know the FTU and NMBHI pathways for higher-level psychiatric care. Know the contractor failure pattern and document all care requests and denials carefully. Ask about MAT access under NMSA 24-1-5.11. Ask about reentry behavioral health planning. File NMCD grievances for all care denials. Contact Disability Rights New Mexico (drnm.org) or Collins and Collins P.C. (collinsattorneys.com) for legal advocacy.
Who oversees mental health care in New Mexico prisons?
NMCD's Health Services Bureau oversees the private healthcare contractor and monitors care delivery. No federal court actively exercises oversight of NMCD's prison mental health system. Disability Rights New Mexico (DRNM, drnm.org) is the federally mandated P&A organization monitoring conditions for people with mental illness and disabilities in NMCD. NMBHI (under NM DHHS) provides the state hospital pathway for the most acute psychiatric needs. The NM Human Services Department and Behavioral Health Services Division oversee community mental health. ---