reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-13 - Temporary provision; certain licensing functions; executive order transfer.

A. The control of the professional and occupational licensing functions of the executive branch of state government may be consolidated under the supervision of the regulation and licensing department upon executive order issued by the governor, and the executive order shall provide for such advisory committees as are deemed necessary or appropriate.
B. In the event an executive order is issued by the governor pursuant to Subsection A of this section, all records, physical properties and money pertaining to professional and occupational licensing functions transferred to the regulation and licensing department shall be transferred to that department.
C. It is the express purpose and intent of the legislature to authorize the consolidation of professional and occupational licensing functions in the regulation and licensing department so as to effect the more economical use and expenditure of public money by eliminating the duplication of services, operations and administration of the various professional and occupational licensing functions for the benefit of the citizens of the state.
History:
Laws 1983, ch. 297, § 30.
ANNOTATIONS
Effective dates.
— Laws 1983, ch. 297, § 34 made Laws 1983, ch. 297, § 30 effective July 1, 1983.
Compiler's notes.
— This section was previously uncompiled and was compiled at this location in 1996.
Cross references.
— For the regulation and licensing department,
see
Chapter 9, Article 16 NMSA 1978.
Current application.
— An executive order, issued pursuant to this section, under which the New Mexico real estate commission was placed under the supervision of the New Mexico regulation and licensing department has not yet been replaced or repealed and continues today as does this section and is therefore the current law.
N.M. Regulation & Licensing Dep't v. Lujan
, 1999-NMCA-059, 127 N.M. 233, 979 P.2d 744.
Statutes and rules of individual licensing boards not superseded.
— This section and the Regulation and Licensing Department Act [9-16-1 to 9-16-13 NMSA 1978] do not supersede the specific powers and duties that the legislature has given to the board of veterinary examiners pursuant to the Veterinary Practice Act. 1987 Op. Att'y Gen. No. 87-58.
Legislative purpose.
— By enacting this section, the legislature did not delegate to the governor its power to repeal the statutes governing the individual boards and commissions; such an action would be in contravention of article III, § 1 of the New Mexico constitution. The more reasonable interpretation of the act is that the legislature merely delegated to the regulation and licensing department administrative or ministerial duties with respect to licensing functions of the autonomous boards; the intent of this section is to give the governor the opportunity to select initially which boards would have the regulation and licensing department administer their licensing functions. 1987 Op. Att'y Gen. No. 87-58.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2 - Commerce and Industry Department (Repealed.) › Section 9-2-1 to 9-2-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 297, § 33, repealed 9-2-1 to 9-2-13 NMSA 1978, as enacted by Laws 1977, ch. 245, §§ 1, 2, 5 to 7, 9 to 11, and 234 to 236, and as amended by Laws 1978, ch. 120, §§ 1 and 2, relating to the commerce and industry department, effective July 1, 1983. For present provisions,
see
9-15-1 NMSA 1978 et seq. and 9-16-1 NMSA 1978 et seq. relating to new departments which have assumed many of the functions of the commerce and industry department.
Compiler's notes.
— Laws 1983, ch. 295, § 4, purported to amend 9-2-3 NMSA 1978, relating to the establishment of the commerce and industry department, but this amendment was not given effect due to the repeal of 9-2-3 NMSA 1978 by Laws 1983, ch. 297, § 33.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-1 - Short title.

Chapter 9, Article 2A NMSA 1978 may be cited as the "Children, Youth and Families Department Act".
History:
Laws 1992, ch. 57, § 1; 2007, ch. 65, § 1.
ANNOTATIONS
Cross references.
— For duties relating to the Safe Haven for Infants Act,
see
24-22-1 NMSA 1978 et seq.
The 2007 amendment,
effective June 15, 2007, changed the statutory reference to the act.
Sovereign immunity barred USERRA claim against the state.
— Article I, Section 8, Clause 11 of the United States Constitution, known as the war powers clause, does not authorize congress to subject the state to private suits for damages in state courts pursuant to the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 to 4335, absent the state's consent and the legislature has not waived the state's constitutional immunity to private USERRA suits for damages.
Ramirez v. State ex rel. CYFD
, 2014-NMCA-057,
rev'd by
2016-NMSC-016.
Where plaintiff, who was a member of the New Mexico national guard, was employed by the department; plaintiff was deployed to Iraq; upon plaintiff's return from active duty, plaintiff was reemployed by the department in plaintiff's previous position; plaintiff's working relations with plaintiff's supervisors deteriorated and plaintiff's employment was terminated; and filed a suit under Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 to 4335, alleging that the department discriminated against plaintiff and terminated plaintiff because of plaintiff's military service, plaintiff's claim was barred by state sovereign immunity.
Ramirez v. State ex rel. CYFD
, 2014-NMCA-057,
rev'd by
2016-NMSC-016.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-2 - Purpose.

The purpose of the Children, Youth and Families Department Act is to establish a department of state government that shall:
A. administer all laws and exercise all functions formerly administered and exercised by the youth authority, as well as administering certain functions related to children, youth and families that were formerly administered by other departments or agencies of the state;
B. assist in the development of state policies and plans for services to children, youth and families, including policies and plans that endeavor to strengthen client self-sufficiency and that emphasize prevention without jeopardizing the necessary provision of essential treatment and early intervention services;
C. advocate for services for children, youth and families as an enduring priority in New Mexico; and
D. provide leadership to other agencies that serve children, youth and families to ensure a coordinated and integrated system of care and services for children, youth and families.
History:
Laws 1992, ch. 57, § 2; 2003, ch. 338, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, added Subsection D.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-3 - Definitions.

As used in the Children, Youth and Families Department Act:
A. "department" means the children, youth and families department; and
B. "secretary" means the secretary of children, youth and families.
History:
Laws 1992, ch. 57, § 3.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 57, § 58 made Laws 1992, ch. 57, § 3 effective July 1, 1992.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-4 - Department created; divisions.

A. The "children, youth and families department" is created. The department is a cabinet department and consists of, but is not limited to, six divisions as follows:
(1) the protective services division;
(2) the juvenile justice division;
(3) the prevention and intervention division;
(4) the financial services division;
(5) the employee support division; and
(6) the information technology division.
B. The secretary is empowered to organize the department and the divisions specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.
C. The governor is empowered to merge divisions and to abolish or create divisions of the department by executive order in the interest of efficiency and economy.
History:
Laws 1992, ch. 57, § 4; 2003, ch. 338, § 2; 2005, ch. 110, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, created the information technology division within the children, youth and families department in Subsection A(6).
The 2003 amendment,
effective June 20, 2003, substituted "five divisions" for "six divisions" and substituted the present Subsections A(1) through A(5) for the former Subsections A(1) through A(7) that listed the following divisions: administrative services, preventive services, risk reduction services, moderate intervention services, community residential services, juvenile justice services (until July 1, 1993) and institutional care (beginning July 1, 1993).
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-5 - Repealed.

History:
Laws 1992, ch. 57, § 5; 2009, ch. 239, § 1; repealed by Laws 2009, ch. 239, § 70.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 239, § 70 repealed 9-2A-5 NMSA 1978, as enacted by Laws 1992, ch. 57, § 5, relating to juvenile parole board as administratively attached agency, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-6 - Secretary of children, youth and families; appointment.

A. The chief executive and administrative officer of the department is the "secretary of children, youth and families". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold office at the pleasure of the governor and shall serve in the executive cabinet.
B. An appointed secretary shall serve and have all the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting his appointment.
History:
Laws 1992, ch. 57, § 6.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 57, § 58 made Laws 1992, ch. 57, § 6 effective July 1, 1992.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-8.1 - Criminal history record investigations; procedure; confidentiality; violation; penalty.

A. The department shall submit fingerprints for each individual required to be fingerprinted pursuant to the Children, Youth and Families Department Act to the department of public safety and the federal bureau of investigation.
B. Criminal histories obtained are confidential and shall be used only for the purpose of determining the suitability of an employee or volunteer or prospective employee or volunteer for employment or service by the department; except that criminal histories may be released or disclosed to another agency or person only upon court order or with the written consent of the person who is the subject of the criminal history record.
C. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and if convicted shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2005, ch. 271, § 2; 2007, ch. 65, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, provided that criminal histories obtained to determine the suitability of a volunteer are confidential.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-8.2 - Prohibition on employment for individuals with substantiated allegations of child abuse or neglect; prohibition on convicted felons; disciplinary action; confidentiality of abuse and neglect records.

A. No employee, staff member or volunteer at the department, including prospective employees, having direct unsupervised contact with department clients, nor the superiors of any such employee, staff member or volunteer, shall have been the subject of a substantiated allegation of child abuse or neglect.
B. No employee, staff member or volunteer at the department who has direct unsupervised contact with department clients, or the superiors of an employee, staff member or volunteer at the department who has direct unsupervised contact with department clients, shall have been convicted of a felony offense that is directly related to the job duties of the employee by a court of this state, any other state or the United States.
C. Any employee or staff member subject to the Personnel Act [Chapter 10, Article 9 NMSA 1978] who has been the subject of a substantiated allegation of abuse or neglect as investigated and determined by the department may be subject to increased supervision or disciplinary action under the Personnel Act. Upon appeal of a disciplinary action to the personnel board pursuant to this section, the personnel board shall defer to the record of the administrative hearing affirming a substantiated allegation of abuse or neglect, if one exists, in determining whether the action taken by the agency was with just cause.
D. An employee or a staff member of the department subject to dismissal under this section shall have no right to progressive discipline as a condition precedent to discipline under this section.
E. In any appeal of an employee or staff member to the personnel board as provided by the Personnel Act, records that are otherwise confidential pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] shall be discoverable by the parties and admissible as to any relevant fact; provided that any identifying information related to the reporting party, any other party providing information and information the department finds would be likely to endanger the life or safety of any person providing information to the department may be redacted.
History:
Laws 2011, ch. 163, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 163 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-9 - Organizational units of the department; powers and duties specified by law; access to information.

A. Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 7 [9-2A-7 NMSA 1978] of the Children, Youth and Families Department Act.
B. The department shall have access to all records, data and information of other state departments that are not specifically held confidential by law.
History:
Laws 1992, ch. 57, § 9.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 57, § 58 made Laws 1992, ch. 57, § 9 effective July 1, 1992.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-10 - Division directors.

The secretary may appoint, with the approval of the governor, "directors" of such divisions as are established within the department. Directors are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 1992, ch. 57, § 10.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 57, § 58 made Laws 1992, ch. 57, § 10 effective July 1, 1992.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-11 - Bureaus; chiefs.

The secretary may establish within each division such "bureaus" as he deems necessary to carry out the provisions of the Children, Youth and Families Department Act. He shall appoint a "chief" to be the administrative head of any such bureau. The chief and all subsidiary employees of the department shall be covered by the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 1992, ch. 57, § 11.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 57, § 58 made Laws 1992, ch. 57, § 11 effective July 1, 1992.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-12 - Children, youth and families advisory committee created; members; purpose.

A. The "children, youth and families advisory committee" is created. The committee shall be composed of eleven members appointed by the governor. The governor shall appoint persons with demonstrated interest and involvement in children, youth and family services, particularly those services and programs administered or funded by the department. Members shall be appointed so as to provide adequate representation of ethnic groups and geographic areas of the state. At least two members shall be parents who are recipients of services provided by the department, at least two members shall be youths between the ages of sixteen and twenty-one and at least one member shall be on the governor's youth council.
B. The committee shall assist in the development of policies and procedures for the department.
C. The members of the children, youth and families advisory committee shall be reimbursed for their services as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 1992, ch. 57, § 12; 2003, ch. 338, § 4.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, added "and at least one member shall be on the governor's youth council" to the end of Subsection A.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-13 - Repealed.

History:
Laws 1992, ch. 57, § 13; 2003, ch. 338, § 5; repealed by Laws 2019, ch. 48, § 37.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 48, § 37 repealed 9-2A-13 NMSA 1978, as enacted by Laws 1992, ch. 57, § 13, relating to interagency coordinating group, effective July 1, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-14 - Juvenile justice programs; federal grants; advisory committee; supervisory function.

Any juvenile justice advisory committee appointed pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974 shall be advisory to the department, except the committee shall serve as the "supervisory board" under that act and any applicable regulations.
History:
Laws 1992, ch. 57, § 14.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 57, § 58 made Laws 1992, ch. 57, § 14 effective July 1, 1992.
Cross references.
— For the federal Juvenile Justice and Delinquency Prevention Act of 1974,
see
42 U.S.C. § 5601 et seq.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-14.1 - Juvenile continuum grant fund; created; purpose; administration; grant applications.

A. The "juvenile continuum grant fund" is created as a nonreverting fund in the state treasury. The fund shall be administered by the children, youth and families department and shall consist of appropriations, gifts, grants, donations and bequests made to the fund.
B. Money in the juvenile continuum grant fund is subject to appropriation by the legislature to the children, youth and families department for awarding grants to juvenile justice continuums for the provision of cost-effective services and temporary, nonsecure alternatives to detention for juveniles arrested or referred to juvenile probation and parole or at a risk of such referral.
C. A local or tribal government may apply for a grant from the juvenile continuum grant fund for a juvenile justice continuum within its jurisdiction. The amount of the grant application shall not exceed sixty percent of the annual cost of the continuum. A local match of forty percent may consist of money, land, equipment or in-kind services.
D. The children, youth and families department shall adopt rules on qualifications for grants and specify the format, procedure and deadlines for grant applications. The juvenile justice advisory committee shall review all grant applications and submit those applications recommended for final approval to the secretary of children, youth and families.
E. Disbursements from the juvenile continuum grant fund shall be made upon vouchers issued and signed by the secretary of children, youth and families or the secretary's designee upon warrants drawn by the secretary of finance and administration.
F. As used in this section, a "juvenile justice continuum" is a system of services and sanctions for juveniles arrested or referred to juvenile probation and parole or at risk of such referral and consists of a formal partnership among one or more units of local or tribal governments, the children's court, the district attorney, the public defender, local law enforcement agencies, the public schools and other entities such as private nonprofit organizations, the business community and religious organizations. A juvenile justice continuum shall be established through a memorandum of understanding and a continuum board.
History:
Laws 2007, ch. 351, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 351, § 2, transferred funds in the regional juvenile services grant fund to the juvenile continuum grant fund.
Effective dates.
— Laws 2007, ch. 351, § 4 made Laws 2007, ch. 351, § 1 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-15 - Juvenile justice advisory committee; legislative findings.

The legislature finds that pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974, federal regulations and state law, the juvenile justice advisory committee is required to be given explicit power to continue to fulfill its duties in administering the federal funds made available to the state if such funding is to continue.
History:
Laws 1992, ch. 57, § 15.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 57, § 58 made Laws 1992, ch. 57, § 15 effective July 1, 1992.
Cross references.
— For the federal Juvenile Justice and Delinquency Prevention Act of 1974,
see
42 U.S.C. § 5601 et seq.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-16 - Functions of juvenile justice advisory committee and department.

A. The juvenile justice advisory committee shall have policymaking, planning and review powers over only the following functions pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974:
(1) in conjunction with the department, approval of a comprehensive state plan and modifications reflecting statewide goals, objectives and priorities for the expenditure of federal funds received under that act;
(2) approval or disapproval of applications or amendments submitted by eligible entities pursuant to that act;
(3) in conjunction with the department, assurance that fund accounting, auditing and evaluation of programs and projects funded pursuant to that act comply with federal requirements and state law;
(4) in conjunction with the department, receive and review annual reports from adult jails and lockups regarding compliance with federal requirements that apply when a juvenile is temporarily held in an adult jail or lockup. The juvenile justice advisory committee and the department shall determine the format of the annual reports;
(5) assistance to the governor, the legislature and entities created or funded pursuant to that act in developing new or improved approaches, policies or legislation designed to improve juvenile justice in New Mexico; and
(6) provision of technical assistance by the department to eligible entities pursuant to that act.
B. All budgetary, evaluation, monitoring and grants administration functions required pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974 shall be carried out by the department.
History:
Laws 1992, ch. 57, § 16; 2009, ch. 239, § 2.
ANNOTATIONS
Cross references.
— For the federal Juvenile Justice and Delinquency Prevention Act of 1974,
see
42 U.S.C. § 5601 et seq.
The 2009 amendment,
effective July 1, 2009, added Subsection A(4).
Applicability.
— Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-17 - Correctional officers; children, youth and families department; acting as peace officers.

A. Correctional officers of the children, youth and families department who have completed an appropriate American correction association training course and who have at the particular time the principal duty to hold in custody or supervise any person accused or convicted of a delinquent act or criminal offense shall have the power of a peace officer with respect to arrests and enforcement of laws when:
(1) on the premises of a children, youth and families department facility or while transporting a person committed to or under the supervision of the children, youth and families department;
(2) supervising any person committed to or under the supervision of the children, youth and families department anywhere within the state; or
(3) engaged in any effort to pursue or apprehend any such person.
B. No correctional officer of the children, youth and families department shall be convicted or held liable for any act performed pursuant to this section if a peace officer could lawfully have performed the same act in the same circumstances.
C. Crimes against a correctional officer of the children, youth and families department while in the lawful discharge of duties that confer peace officer status pursuant to this section shall be deemed the same crimes and shall bear the same penalties as crimes against a peace officer.
History:
Laws 1993, ch. 120, § 1.
ANNOTATIONS
Effective dates.
— Laws 1993, ch. 120, § 2 made Laws 1993, ch. 120, § 1 effective July 1, 1993.
Juvenile correctional officer is a peace officer
for purposes of the battery on a peace officer statute, despite the fact that JCOs are no longer under the control of the New Mexico corrections department.
State v. Gutierrez
, 1993-NMCA-058,115 N.M. 551, 854 P.2d 878, cert. denied, 115 N.M. 545, 854 P.2d 872.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-18 - Correctional officers; children, youth and families department; qualifications.

Correctional officers of the children, youth and families department shall:
A. be citizens of the United States;
B. be eighteen years of age or older;
C. possess a high school education or its equivalent;
D. be of good moral character and not have been convicted of a felony offense by a court of this state, any other state or the United States; and
E. successfully pass a physical examination and an aptitude examination administered by the department.
History:
Laws 1997, ch. 110, § 1.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 110, § 2 made Laws 1997, ch. 110, § 1 effective July 1, 1997.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-19 - Short title.

Sections 9-2A-19 through 9-2A-22 NMSA 1978 may be cited as the "Youth Alliance Act".
History:
Laws 2003, ch. 324, § 1; 2005, ch. 66, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, cited the statutory reference to the act and changed the name of the act from the Youth Council Act to the Youth Alliance Act.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-20 - Purpose.

The purpose of the Youth Alliance Act [9-2A-19 to 9-2A-22 NMSA 1978] is to encourage young people throughout New Mexico to consider and discuss the opportunities, issues and challenges they face and to identify community, family and collaborative assets as possible solutions for presentation to the governor, lieutenant governor and legislature.
History:
Laws 2003, ch. 324, § 2; 2005, ch. 66, § 2.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed the purpose of the act to encourage young people to consider and discuss the opportunities, issues and challenges they face and to identify community, family and collaborative assets as possible solutions.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-21 - Youth alliance created; organization; functions; definition.

A. The "youth alliance" is created and is administratively attached to the children, youth and families department.
B. The alliance shall consist of youth, aged fourteen to twenty-four, from each New Mexico legislative district to be recruited through an open process and selected by a panel of other youth alliance members, legislators, government officials and representatives of community-based organizations using clear criteria developed by the department to ensure ethnic and economic diversity. Members shall serve two-year terms.
C. The alliance shall meet at least four times a year for the purpose of discussing, from a youth perspective, the assets that exist in communities and schools and the gaps that are present in these systems and to recommend opportunities for problem-solving and collaboration to the governor, lieutenant governor and legislature.
D. The alliance shall issue an annual report that summarizes the activities and findings of the alliance. The report shall be submitted to the legislature and the executive no later than November 15 of each year.
E. Subject to sufficient appropriations, the alliance members shall engage a diverse group of local peers and solicit their input and launch local projects.
F. As used in the Youth Alliance Act [9-2A-19 to 9-2A-22 NMSA 1978], "alliance" means the youth alliance.
History:
Laws 2003, ch. 324, § 3; 2005, ch. 66, § 3.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided that the youth alliance is administratively attached to the children, youth and families department; that members of the alliance shall serve for two years, be fourteen to twenty four years of age, and be recruited through an open process selected by a panel of alliance members, public officials and representatives of community-based organizations using criteria developed by the department; that the alliance shall meet to discuss the assets of communities and schools and the gaps in the opportunities and recommend opportunities for problem-solving and collaboration and that alliance members shall engage a diverse group of local peers and solicit their input and launch local projects.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-22 - Youth alliance coordinator; position created; duties.

A. The position of "youth alliance coordinator" is created in the office of the secretary of children, youth and families to organize, administer and coordinate youth alliance activities.
B. The coordinator shall:
(1) oversee the recruitment and selection of alliance members;
(2) organize alliance meetings, at least four of which shall include the lieutenant governor and the children's cabinet and at least two of which shall include the governor;
(3) assist the alliance in preparing an annual report on its activities and findings; and
(4) act as a liaison between the alliance and the children's cabinet, the legislature and other government officials to ensure their involvement in activities related to children and youth.
History:
Laws 2003, ch. 324, § 4; 2005, ch. 66, § 4.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, created the youth alliance coordinator and provided that the coordinator shall oversee the recruitment and selection of alliance members; organize alliance meetings; act as liaison between the alliance and the children's cabinet, the legislature and public officials.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 2A - Children, Youth and Families Department › Section 9-2A-23 - Volunteers and staff at juvenile facilities.

Fingerprinting and a background check shall be required for a volunteer or staff member at a juvenile justice facility who has direct unsupervised contact with residents.
History:
Laws 2007, ch. 65, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-1 - Short title.

Chapter 9, Article 3 NMSA 1978 may be cited as the "Corrections Department Act".
History:
1978 Comp., § 9-3-1, enacted by Laws 1977, ch. 257, § 1; 1980, ch. 150, § 1; 1981, ch. 73, § 1; 2007, ch. 9, § 1; 2007, ch. 123, § 1.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, added the NMSA 1978 statutory reference to the act.
Laws 2007, ch. 9, § 1 and Laws 2007, ch. 123, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 123, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-2 - Purpose.

The purpose of the Corrections Department Act is to create a single, unified department to administer all laws and exercise all functions formerly administered and exercised by the corrections and criminal rehabilitation department and to ensure a comprehensive criminal justice system in New Mexico.
History:
1978 Comp., § 9-3-2, enacted by Laws 1977, ch. 257, § 2; 1979, ch. 202, § 1; 1980, ch. 150, § 2; 1981, ch. 73, § 2.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-3.1 - Establishing a demonstration, prison-based drug rehabilitation program.

A. The corrections department shall establish a demonstration, prison-based drug rehabilitation program for inmates.
B. The department is authorized to collaborate with a private organization that has expertise in establishing a prison-based drug rehabilitation program that addresses:
(1) drug rehabilitation;
(2) education;
(3) self-respect; and
(4) life skills.
History:
Laws 2003, ch. 237, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 237, § 2 made Laws 2003, ch. 237, § 1 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-4 - Secretary of corrections; appointment.

A. The chief executive and administrative officer of the department is the "secretary of corrections." The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold that office at the pleasure of the governor and shall serve in the executive cabinet.
B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting his appointment.
History:
1978 Comp., § 9-3-4, enacted by Laws 1977, ch. 257, § 5; 1980, ch. 150, § 4; 1981, ch. 73, § 4.
ANNOTATIONS
Cross references.
— For executive cabinet,
see
9-1-3 NMSA 1978.
For appointment and removal power of governor,
see
N.M. Const., art. V, § 5.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-5.1 - Secretary of corrections; additional powers; corrections education scholarship program.

A. The secretary of corrections may enter into an agreement with the board of regents of the New Mexico military institute under which the institute would offer corrections education scholarships to New Mexico residents interested in careers in corrections. The agreement may provide criteria for recruiting scholarship applicants and awarding scholarships and for internship programs at corrections department facilities for scholarship recipients.
B. Subject to available appropriations, the secretary of corrections may transfer funds each fiscal year to the board of regents of the New Mexico military institute for the scholarship program for New Mexico residents interested in careers in corrections.
History:
Laws 2005, ch. 163, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 163 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-6 - Division directors.

Except as otherwise provided by law, the secretary shall appoint, with the approval of the governor, "directors" of such divisions as are established within the department. The directors so appointed are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
1978 Comp., § 9-3-6, enacted by Laws 1977, ch. 257, § 7; 1981, ch. 127, § 17.
ANNOTATIONS
Cross references.
— For appointment of directors,
see
9-3-5B(10) NMSA 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-7 - Bureau [Bureaus]; chiefs.

The secretary shall establish, within each division, such "bureaus" as he deems necessary to carry out the provisions of the Corrections Department Act. He shall appoint a "chief" to be the administrative head of any such bureau. The chief and all subsidiary employees of the department shall be covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978], unless otherwise provided by law.
There is created within the administrative services division of the department the "standards and inspection bureau".
History:
1978 Comp., § 9-3-7, enacted by Laws 1977, ch. 257, § 8; 1979, ch. 202, § 4; 1980, ch. 150, § 6; 1981, ch. 73, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For appointment of directors,
see
9-3-6 NMSA 1978.
For state budgets,
see
6-3-1 to 6-3-25 NMSA 1978.
For public officers and employees generally,
see
Chapter 10 NMSA 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-8 - Administrative services division; duties.

A. The administrative services division shall provide administrative services to the department, including:
(1) keeping all official records of the department;
(2) providing clerical services in the areas of personnel and budget preparation; and
(3) providing clerical, record-keeping and administrative support to agencies administratively attached to the department, at their request.
B. The division shall, in addition to its other duties, coordinate long- and short-term planning of the department and shall administer programs and grants which have been assigned generally to the department by the governor or by statute.
C. In addition to its other powers and duties, the division is designated the "criminal justice state planning agency" and in such capacity shall perform planning, budgeting, evaluation, monitoring and grants administration functions for federal grants including but not limited to the Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the Juvenile Justice and Delinquency Prevention Act of 1974, as amended.
History:
1978 Comp., § 9-3-8, enacted by Laws 1977, ch. 257, § 9.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 257, § 108 made Laws 1997, ch. 257, § 9 effective March 31, 1978.
Cross references.
— For the Federal Omnibus Crime Control and Safe Streets Act of 1968,
see
various sections throughout Titles 5, 18, 40, 42 and 47 U.S.C.
For the federal Juvenile Justice and Delinquency Prevention Act of 1974,
see
42 U.S.C. § 5601 et seq.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-9 - Criminal justice department [Corrections department] legislative report.

On or before December 15 of each year, the secretary shall provide a report to each member of the legislature describing the state's comprehensive law enforcement and criminal justice plan and the programs and projects funded under this plan. The report shall include:
A. funds spent for each part of the state's comprehensive plan and the programs and projects funded under it;
B. a description of the procedure followed by the department in order to audit, monitor and evaluate programs and projects;
C. the description and number of program and project areas, and the funds spent, which are innovative or incorporate advanced techniques and which have demonstrated promise in furthering the purposes of the state's comprehensive plan; and
D. reports submitted by the criminal justice coordinating council.
History:
1978 Comp., § 9-3-9, enacted by Laws 1977, ch. 257, § 10.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 257, § 108 made Laws 1997, ch. 257, § 10 effective March 31, 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1981, ch. 73, § 8 provided that all references in law to the criminal justice department shall be construed to be references to the corrections department.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-10.1 - Authority to review records or information; exceptions; rules.

A. The New Mexico sentencing commission is authorized to inspect, copy, receive and review all records, data and information in the possession of state, county and local government agencies, except records, data or information that:
(1) is privileged under the rules of evidence;
(2) compromises or tends to disclose any privileged record or information; or
(3) consists of reports, memoranda or other internal documents given to or communications made to a prosecutor or defense attorney in connection with the investigation, prosecution or defense of a criminal case.
B. The New Mexico sentencing commission shall promulgate rules setting forth procedures for inspecting, copying, receiving, reviewing and reporting records, data and information necessary to fulfill its duties. State, county and local government agencies shall assist the commission in obtaining the records, data and information necessary to fulfill the commission's duties. All records, data and information received or obtained by the commission shall have the same status with regard to access or release as when the records, data or information was in the possession of the entity from which the commission received it.
History:
1978 Comp., § 9-3-10.1, enacted by Laws 1994, ch. 19, § 2; 2003, ch. 75, § 2.
ANNOTATIONS
Cross references.
— For Rules of Evidence,
see
Rule 11-101 NMRA et seq.
The 2003 amendment,
effective July 1, 2003, substituted "New Mexico sentencing commission" for "criminal and juvenile justice coordinating council" throughout the section; substituted "commission" for "council" throughout the section; substituted "is" for "are" at the beginning of Subsection A(1); in Subsection A(2), substituted "compromises" for "compromise" at the beginning and substituted "tends" for "tend" near the middle; substituted "consists of" for "are" at the beginning of Subsection A(3), and made stylistic changes.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-10.2 - Authority to accept grants or donations.

The New Mexico sentencing commission may, in the name of the state, accept grants, donations or gifts to carry out its functions and purposes.
History:
1978 Comp., § 9-3-10.2, enacted by Laws 1994, ch. 19, § 3; 2003, ch. 75, § 3.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "New Mexico sentencing commission" for "criminal and juvenile justice coordinating council" near the beginning of the section.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-10.3 - Legislation to increase, decrease or create periods of imprisonment; fiscal impact statements; procedure.

A. The New Mexico sentencing commission shall prepare a fiscal impact statement as provided in this section for a bill that:
(1) creates a new crime or repeals an existing crime for which imprisonment is authorized;
(2) increases or decreases the period of imprisonment authorized for an existing crime;
(3) imposes or removes mandatory minimum terms of imprisonment; or
(4) modifies the law governing release of inmates in such a way that the time served in prison will increase or decrease.
B. A fiscal impact statement shall reflect the estimated change in annual operating costs for the corrections department attributable to the bill if it becomes law. The estimated change in annual operating costs shall reflect the largest annual change from the projected change for the six fiscal years following the effective date of the law and shall be calculated in current dollars. The fiscal impact statement shall include details concerning any increase or decrease in the inmate population.
C. If the New Mexico sentencing commission does not have sufficient information to project the fiscal impact, the fiscal impact statement shall state that there is insufficient information to estimate the fiscal impact.
D. The corrections department shall annually provide the New Mexico sentencing commission with:
(1) the average operating costs per inmate and the number of inmates in adult correctional facilities; and
(2) admissions and release data for all inmates in adult correctional facilities.
E. The judiciary shall annually provide the New Mexico sentencing commission with requested data necessary to prepare fiscal impact statements.
F. As used in this section, "operating costs" means all costs other than capital outlay costs for state-operated adult correctional facilities and privately operated adult correctional facilities.
History:
Laws 2019, ch. 211, § 16.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 211, § 17 made Laws 2019, ch. 211 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-11 - Administrative attachment.

A. The following entities are administratively attached to the corrections department:
(1) the adult parole board; and
(2) the governor's organized crime prevention commission.
B. All powers and duties vested in the entities enumerated in this section shall remain unamended by the provisions of the Corrections Department Act.
History:
1978 Comp., § 9-3-11, enacted by Laws 1977, ch. 257, § 12; 2013, ch. 195, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, removed the public defender department from administrative attachment to the corrections department; in Subsection A, in the introductory sentence, after "attached to the", added "corrections"; deleted former Paragraph (3) of Subsection A, which administratively attached the public defender department to the corrections department; and in Subsection B, after "provisions of the", deleted "Criminal Justice" and added "Corrections".