2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 52 - Human Trafficking › Section 30-52-2 - Human trafficking; benefits and services for human trafficking victims.

A. Human trafficking victims found in the state shall be eligible for benefits and services from the state until the victim qualifies for benefits and services authorized by the federal Victims of Trafficking and Violence Protection Act of 2000; provided that the victim cooperates in the investigation or prosecution of the person charged with the crime of human trafficking. Benefits and services shall be provided to eligible human trafficking victims as quickly as can reasonably be arranged regardless of immigration status and shall include, when appropriate to a particular case:
(1) case management;
(2) emergency temporary housing;
(3) health care;
(4) mental health counseling;
(5) drug addiction screening and treatment;
(6) language interpretation, translation services and English language instruction;
(7) job training, job placement assistance and post-employment services for job retention;
(8) child care;
(9) advocacy services;
(10) state-funded cash assistance;
(11) food assistance;
(12) services to assist the victim and the victim's family members; and
(13) other general assistance services and benefits as determined by the children, youth and families department or the human services department [health care authority department].
B. A human trafficking victim advocate shall be provided immediately upon identification by law enforcement of a human trafficking victim.
C. Before providing benefits and services pursuant to Subsection A of this section, law enforcement shall certify to the human services department [health care authority department] and the children, youth and families department that a person is:
(1) a victim of human trafficking; and
(2) cooperating in the investigation or prosecution of the person charged with the crime of human trafficking.
D. A victim's ability to cooperate shall be determined by the court, if that issue is raised by a human trafficking victim advocate. The victim is not required to cooperate if the court determines that the victim is unable to cooperate due to physical or psychological trauma. Benefits and services shall continue unless the court rejects the victim's claim regarding inability to cooperate. A victim who is younger than eighteen years of age is eligible for benefits and services without a finding by the court. Any court proceeding regarding the victim's ability to cooperate shall be held in camera. The human trafficking victim advocate shall be allowed to attend the proceeding. The record of any such proceeding shall be sealed.
E. The attorney general shall coordinate plans developed by state and local law enforcement agencies to provide a human trafficking victim or the victim's family members protection from retaliatory action immediately upon identifying the presence in the state of a victim who offers state or local law enforcement agencies information regarding a perpetrator of human trafficking.
F. The prosecuting authority shall take all reasonable steps within its authority to provide a human trafficking victim with:
(1) all necessary documentation required pursuant to federal law for an adjustment of immigration status that applies to that victim; and
(2) assistance in accessing civil legal services providers who are able to petition for adjustment of immigration status on behalf of the victim.
G. As used in this section:
(1) "human trafficking victim" means a person subjected to human trafficking; and
(2) "human trafficking victim advocate" means a person provided by a state or nonprofit agency with experience in providing services for victims of crime.
History:
Laws 2008, ch. 17, § 2; 2013, ch. 200, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2013 amendment,
effective July 1, 2013, provided additional services and benefits for human trafficking victims; in Subsection A, in the second sentence of the introductory paragraph, after "trafficking victims", added "as quickly as can reasonably be arranged", after "immigration status and", deleted "may" and added "shall", and after "shall include", added "when appropriate to a particular case"; added Paragraphs (8) through (11) of Subsection A; in Paragraph (13) of Subsection A, after "families department" added "or the human services department"; added Subsections B through F; in Paragraph (1) of Subsection G, after "human trafficking", deleted "by a person charged in New Mexico with the crime of human trafficking"; and added Paragraph (2) of Subsection G.