![]() ![]() These women and children would likely have better psychological outcomes from treatment not incarceration. Further, the children of these women would also suffer the effects of separation from their mothers at critical developmental stages. In addition, criminalizing behavior during pregnancy would also likely burden a pregnant woman’s decision to carry her fetus to term. Criminalizing drug use during pregnancy would have a devastating effect on pregnant women and their fetuses’ health. This decision by the Legislature is consistent with sound socioeconomic policy that was cited in the fiscal impact reports accompanying the proposed bills. This is particularly true when considering the fiscal impact reports accompanying the proposed legislation. ![]() The Legislature’s failure to pass legislation specifically criminalizing such conduct after careful consideration indicates that the Legislature did not intend for the statute to be so broadly construed. The New Mexico Legislature did not draft NMSA 1978, § 36-6-1(D) (1973) to encompass the situation of a pregnant woman using drugs or alcohol during. PB&J, Family Services, Inc., through this brief as amicus curiae, has demonstrated that the decision rendered by the Court of Appeals was correct. ![]() ![]() An amicus brief in support of the defendant in the matter of State of New Mexico v. ![]()
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