reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 14 - INTERIM CASE REFUSAL PROTOCOL › Section 10.12.14.8 - DEPARTMENT COLLECTION AND REPORTING OF INFORMATION REGARDING ATTORNEY CASE ASSIGNMENTS AND TIME KEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				office of the public defender department shall maintain a continuing record of
				the case assignments per year for each attorney employed by that
				office.
B. This record shall
				include for each case assignment the nature of the charges, whether the case
				includes felony charges or charges only misdemeanors, and whether the case
				involves a juvenile respondent.
C.
				The department shall maintain similar records of cases it assigns to contract
				attorneys.
D. The chief public
				defender or the chief's designee shall review case assignment reports for
				department attorneys and contract attorneys on a quarterly basis, and these
				reports shall include the information described in Subsections A and B of
				10.12.14.8 NMAC.
E. The department
				shall institute mandatory timekeeping by department attorneys and contract
				attorneys as soon as possible.
F.
				The department shall maintain records of the time recorded by department
				attorneys and contract attorneys in working on their assigned cases.
G. The time records described in Subsection F
				of 10.12.14.8 NMAC shall include the identity of the client and the nature of
				the attorney's work for each unit of time recorded.
H. These time records shall be provided upon
				request to the chief or the chief's designee.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 14 - INTERIM CASE REFUSAL PROTOCOL › Section 10.12.14.9 - DUTY OF THE CHIEF TO INVESTIGATE EXCESSIVE WORKLOAD LEVELS

Current through Register Vol. 35, No. 13, July 16, 2024
A. When reported
				case assignments for three or more months how the attorneys of a particular
				office have or a contract attorney has case assignments in excess of quarterly
				standards derived from the 2007 report, the chief shall conduct an
				investigation. In conducting this investigation, the chief shall review
				available attorney time records for the period during which workloads for the
				affected attorneys have exceeded the 2007 report's quarterly
				standards.
B. In conducting this
				investigation, the chief shall also obtain information from the affected office
				and attorneys and staff regarding the attorneys' ability to provide competent
				representation to existing clients.
C. In deciding whether the affected office
				and attorneys can provide competent representation to existing clients, the
				chief shall consider whether the affected offices and attorneys consistently
				are able to comply with the department's 2016 performance standards.
D. After the investigation described above,
				the chief should determine whether additional case assignments would create a
				significant risk that the affected office's and attorneys' obligation to
				provide competent representation to existing clients would materially limit
				their representation of additional clients.
E. If the chief determines that a significant
				risk exists that the affected attorneys' duty to existing clients would
				materially limit their representation of additional clients as described in
				Subsection D of 10.12.14.9 NMAC, the chief then shall determine whether
				administrative measures are reasonably available that would alleviate that risk
				short of refusing additional case assignments.
F. If the chief determines such
				administrative measures are reasonably available, the chief shall institute
				these measures and evaluate their effectiveness on a quarterly basis as long as
				affected attorney workloads exceed the 2007 report's quarterly
				standards.
G. In the event of
				multiple investigations, the chief shall decide the priority in which they are
				conducted and what further steps are taken.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 14 - INTERIM CASE REFUSAL PROTOCOL › Section 10.12.14.10 - DETERMINATION BY THE CHIEF TO REFUSE ADDITIONAL CASE ASSIGNMENTS BASED ON EXCESSIVE WORKLOADS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				the chief determines that reasonably available administrative measures would
				fail or have failed to alleviate the risk described in Subsection E of
				10.12.14.9 NMAC, the chief shall
				state in writing that accepting additional cases would be ethically
				irresponsible.
B. The chief's
				determination under Subsection A of 10.12.14.10 NMAC shall include a summary of
				the facts and copies of all documents considered while preserving from
				disclosure confidential client and personnel information except as otherwise
				provided by law.
C. The chief shall
				continue to monitor affected office and attorney workloads on a monthly basis
				and shall report in writing when quarterly workloads drop below the 2007 report
				standards.
D. When quarterly
				workload levels have dropped below the 2007 report standards, the chief shall
				determine on a monthly basis whether the affected office and attorneys are able
				to represent additional clients in an ethically responsible manner as described
				in Subsection A of 10.12.14.10 NMAC and shall maintain a record of this
				determination and the facts supporting it.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 14 - INTERIM CASE REFUSAL PROTOCOL › Section 10.12.14.11 - NOTICE TO AFFECTED COURTS OF CASE REFUSAL; MOTIONS TO WITHDRAW; AND NOTICES OF RENEWED AVAILABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. When
				the chief determines that affected office and attorney workloads make it
				ethically irresponsible for affected offices and attorneys to accept additional
				case assignments as described in Subsection A of
				10.12.14.10 NMAC the chief shall
				prepare a notice of case refusal.
B. The notice of case refusal shall state
				that it would be ethically irresponsible for affected office and attorneys to
				accept additional cases at the present time and shall bear the chief's
				signature.
C. The Notice shall have
				attached to it a copy of the chief's written determination and supporting
				documents as provided in
				10.12.14.10 NMAC.
D. The chief shall deliver a copy of the
				notice to the chief district judge of the affected jurisdiction; all affected
				courts within that jurisdiction; and the administrative office of the
				courts.
E. Notwithstanding the
				above provisions, if the chief determines it would be ethically responsible,
				case assignments may continue to be accepted for cases involving homicides,
				violent felonies, sexual offenses, and juvenile respondents.
F. The affected attorneys shall promptly move
				to withdraw from case assignments that occurred after the chief's
				determination, subject to the exceptions listed in Subsection E of 10.12.14.11
				NMAC.
G. The affected office and
				attorneys shall continue to be unavailable to accept new cases except as
				provided herein until such time as the chief determines pursuant to Subsection
				C of 10.12.14.10 NMAC and Subsection D
				of 10.12.14.10 NMAC that workload
				levels have fallen below 2007 report standards and it would be ethically
				responsible to accept additional cases.
H. The chief shall provide a copy of his
				monthly determination of continued unavailability pursuant to Subsection C of
				10.12.14.10 NMAC and Subsection D
				of 10.12.14.10 NMAC to all parties
				listed in Subsection D of 10.12.14.11 NMAC until such time as he determines it
				would be ethically responsible for the affected office and attorneys to accept
				additional case.
I. When the chief
				determines as provided above that the affected office and attorneys are able to
				accept additional cases, the chief shall issue a notice of renewed
				availability, which shall bear the chief's signature.
J. The notice of renewed availability shall
				be delivered to the chief district judge of the affected jurisdiction; all
				affected courts within that jurisdiction; and the administrative office of the
				courts.
K. Upon communication of
				the chief's notice of renewed availability, the office and attorneys previously
				disqualified from accepting additional cases shall begin accepting new cases
				under normal case assignment procedures.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 2 - COLLECTION AND ANALYSIS OF CRIMINAL AND JUVENILE JUSTICE DATA BY THE NEW MEXICO SENTENCING COMMISSION › Section 10.14.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Sentencing Commission.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 2 - COLLECTION AND ANALYSIS OF CRIMINAL AND JUVENILE JUSTICE DATA BY THE NEW MEXICO SENTENCING COMMISSION › Section 10.14.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to state, county and municipal agencies
				  that possess criminal or juvenile justice data.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 2 - COLLECTION AND ANALYSIS OF CRIMINAL AND JUVENILE JUSTICE DATA BY THE NEW MEXICO SENTENCING COMMISSION › Section 10.14.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-3-10,
				  9-3-10.1,
				  29-10-6 and
				  31-18-15
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 2 - COLLECTION AND ANALYSIS OF CRIMINAL AND JUVENILE JUSTICE DATA BY THE NEW MEXICO SENTENCING COMMISSION › Section 10.14.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 2 - COLLECTION AND ANALYSIS OF CRIMINAL AND JUVENILE JUSTICE DATA BY THE NEW MEXICO SENTENCING COMMISSION › Section 10.14.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures for the
				  commission's collection, analysis and dissemination of criminal or juvenile
				  justice data in the possession of agencies. The commission will use the data to
				  support the provision of information to the executive, judicial and legislative
				  branches of government on policy matters relating to criminal and juvenile
				  justice.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 2 - COLLECTION AND ANALYSIS OF CRIMINAL AND JUVENILE JUSTICE DATA BY THE NEW MEXICO SENTENCING COMMISSION › Section 10.14.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Agency"
means an executive or judicial agency in state, county or
				municipal government.
B.
"Commission"
means the New Mexico sentencing commission.
C.
"Data"
means criminal or
				juvenile justice records, data and information.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 2 - COLLECTION AND ANALYSIS OF CRIMINAL AND JUVENILE JUSTICE DATA BY THE NEW MEXICO SENTENCING COMMISSION › Section 10.14.2.8 - COMMISSION RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The commission shall:
A. advise the executive, judicial and
				legislative branches of government on policy matters relating to criminal and
				juvenile justice;
B. study past and
				current sentencing and release practices and create a statistical database for
				simulating the impact of various sentencing policies;
C. assess the impact of commission
				recommendations to modify criminal sentencing policy on the availability of and
				need for correctional resources and programs;
D. serve as a clearinghouse for the
				systematic collection, analysis and dissemination of information relating to
				felony offense charges, plea agreements, convictions, sentences imposed,
				incarceration time actually served and actual and projected inmate population
				in the state correctional system;
E. publish an annual, written report that
				specifies the average reduction in the sentence of imprisonment for serious
				violent offenses and nonviolent offenses, as defined in Section
				33-2-34
				NMSA 1978, due to meritorious deductions earned by prisoners during the
				previous fiscal year.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 2 - COLLECTION AND ANALYSIS OF CRIMINAL AND JUVENILE JUSTICE DATA BY THE NEW MEXICO SENTENCING COMMISSION › Section 10.14.2.9 - PROVISION OF AGENCY DATA TO THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. In general, an agency shall provide
				agreed-upon data to the commission on at least an annual basis for the
				immediately preceding fiscal year. The agency data shall be provided to the
				commission no later than October 1 following the conclusion of the immediately
				preceding fiscal year.
B. When the
				commission directs its staff to collect data for a special research project,
				the commission shall file a written request with the appropriate agency for the
				necessary data. The agency shall respond to the written request in a timely
				manner.
C. When possible, agency
				data shall be provided electronically to the commission.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 2 - COLLECTION AND ANALYSIS OF CRIMINAL AND JUVENILE JUSTICE DATA BY THE NEW MEXICO SENTENCING COMMISSION › Section 10.14.2.10 - SAFEGUARDS FOR AGENCY DATA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The commission is not authorized to inspect data that:
(1) is privileged under the New Mexico Rules
				of Evidence;
(2) compromises or
				tends to disclose any privileged record or information;
(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.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 2 - COLLECTION AND ANALYSIS OF CRIMINAL AND JUVENILE JUSTICE DATA BY THE NEW MEXICO SENTENCING COMMISSION › Section 10.14.2.11 - BASIS OF DENIAL CONCERNING REQUESTS FOR COMMISSION DATA

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission
				may deny a request for data maintained by the commission when the request is:
(1) made by an organization that gathers data
				from public sources and subsequently resells that data;
(2) burdensome or will hamper the operations
				of the commission;
(3) for data
				that is collected by the commission in a statistically invalid
				manner;
(4) for data in a format
				that is not maintained by the commission; or
(5) for data that is prevented by statute or
				court order from being released.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
DNA Identification System Oversight Committee &
				  Administrative Center, c/o Metropolitan Forensic Science Center 5350 Second
				  Street N.W., Albuquerque, NM 87107 (505) 823-4200.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Department of public safety, department of corrections,
				  attorney general, state medical investigator, local, county and state New
				  Mexico law enforcement agencies, jails and detention facilities, city of
				  Albuquerque, covered offenders and persons arrested for felony offenses.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection C of 29-3-10, Subsection G of 29-11A-5, Paragraph
				  (6) of Subsection B of 29-16-4, Subsection B of 29-16-5 and Subsection E of
				  29-16-5 NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 2016, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish a DNA identification system for covered
				  offenders, persons arrested for felony offenses, unidentified persons and
				  unidentified human remains. To facilitate the use of DNA records by local,
				  state and federal law enforcement agencies in the identification, detection or
				  exclusion of persons in connection with criminal investigations, the
				  registration of sex offenders required to register pursuant to the provisions
				  of the Sex Offender Registration and Notification Act and to facilitate the use
				  of DNA records by local, state and federal law enforcement agencies and the
				  state medical investigator in the identification of unidentified persons or
				  unidentified human remains pursuant to the DNA Identification
				  Act.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.8 - COLLECTION AND TRANSFER OF SAMPLES AND FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Routine collection of samples from a
				covered offender shall be performed only by employees of the department of
				corrections adult prisons or probation and parole divisions, jail or detention
				facility personnel, employees of the county sheriff office, members of the
				administrative center or persons designated by the administrative center and in
				coordination with the administrative center, utilizing the collection protocol
				approved by the oversight committee and provided by the administrative
				center.
B. Collection and deposit
				of assessed fees from covered offenders shall be performed by employees of the
				department of corrections adult prisons and probation and parole divisions
				pursuant to policies and procedures established by the department of
				corrections.
C. The department of
				corrections shall be responsible for establishing policies and procedures for
				the collection of samples and assessed fees from covered offenders when custody
				is maintained by private or out-of-state, probation and parole or corrections
				facilities.
D. Routine collection
				of samples from arrestee's shall:
(1) be
				performed only by jail or detention facility personnel, members of the
				administrative center or persons designated by the administrative center and in
				coordination with the administrative center, utilizing the collection protocol
				approved by the oversight committee and provided by the administrative center;
				and
(2) include the issuance to
				each collected arrestee a written statement or notice informing the arrestee
				that if the arrestee is not convicted of the felony charges in this arrest, or
				that the felony charges are otherwise dismissed, that the arrestee may request
				that the collected DNA sample and records be expunged, as well as how the
				arrestee can obtain information related to expungement procedures. Such written
				statement or notice shall also include information that if the arrestee posted
				bond or was released prior to appearing before a judge or magistrate and then
				failed to appear for a scheduled hearing, that the arrestee's DNA sample will
				automatically be analyzed.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.10 - SAMPLE PROCESSING AND ANALYSIS BY THE ADMINISTRATIVE CENTER

Current through Register Vol. 35, No. 13, July 16, 2024
A. All samples
				received by the administrative center for DNA analysis should be considered
				potentially bio-hazardous. Universal safety precaution procedures shall be
				followed when handling biological samples.
B. The mechanism of sample collection
				authorization for samples collected pursuant to Subsection C of 29-16-6 NMSA
				1978 shall be documented and a copy of that authorization maintained by the
				administrative center.
C. Samples
				shall be handled, examined, and processed individually to avoid possible
				cross-contamination from another sample or from the examiner.
D. Samples tested shall follow DNA testing
				procedures approved by the administrative center. Remaining samples shall be
				returned to secured storage.
E.
				Five percent of all samples tested annually, shall consist of samples:
(1) with a known DNA profile; or
(2) that constitute randomly collected,
				unknown duplicate samples; and
(3)
				shall be presented to the analyzing laboratory in a "blind" fashion to ensure
				proficiency and to act as a quality assurance measure. Results of these
				analyses are to be evaluated with the corresponding offender or arrestee
				samples. Should any resultant "blind" sample's DNA profile (other than a sample
				that is determined to be of insufficient quality or quantity to generate a
				profile) not match the expected known DNA profile for that sample, or should
				the known personally identifying information for the collectee not reasonably
				match (other than from the purposeful misidentification by the collected
				individual or for monozygotic siblings), an error rate is to be calculated by
				the administrative center and be presented to the analyzing laboratory and to
				the oversight committee.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.11 - ACCESS TO DNA SAMPLE INFORMATION, RECORDS AND SAMPLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Access to or disclosure of DNA records and
				samples collected shall be authorized only in the following circumstances:
(1) when used as statistical or research
				information, and only when all personal identification is removed; or
(2) for identification, comparison, and
				investigative purposes, to local, state, and federal law enforcement agencies
				and the state medical investigator in response to official inquiries as
				authorized by Section 29-16 -2 and Subsection B of 29-16-8 NMSA 1978 and these
				rules; or
(3) in order to minimize
				duplicate sample collection and testing to local, state and federal law
				enforcement agencies, the corrections department, jails and detention
				facilities as provided by Subparagraph (e) of Paragraph (6) of Subsection B of
				29-16-4 and Subsection C of 29-16-8 NMSA 1978; or
(4) pursuant to court order.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.12 - EXPUNGEMENT OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				person may request expungement of his arrestee or offender DNA sample and DNA
				records from the DNA identification system on the following grounds:
(1) that the conviction that led to the
				inclusion of the offender DNA sample and DNA records in the DNA identification
				system has been reversed; or
(2)
				that the arrest that led to the inclusion of the arrestee DNA sample and DNA
				records in the DNA identification system has resulted in a felony or
				misdemeanor charge that has been resolved by a dismissal with or without
				prejudice, nolle prosequi, the successful completion of a pre-prosecution
				diversion program or a conditional discharge, misdemeanor conviction or
				acquittal; or
(3) that the arrest
				that led to the inclusion of the arrestee DNA sample and DNA records did not
				result in a felony charge being filed within one year of the date of
				arrest.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.13 - OPERATION AND OVERSIGHT OF THE ADMINISTRATIVE CENTER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The written agreement required in Section
				29-16-4
				NMSA1978 shall:
(1) provide for the general
				terms of the operation and administration of the administrative center;
				and
(2) define the relationship
				between the DNA oversight committee and the law enforcement agency that
				administers and operates the DNA identification system; and
(3) be read and interpreted consistent with
				the provisions of these rules and the DNA Identification Act.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 14 - CORRECTIONAL SERVICES › Part 200 - DNA IDENTIFICATION SYSTEM › Section 10.14.200.16 - MISCELLANEOUS PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Savings clause. These rules shall be read and interpreted consistent with the
				provisions of the DNA Identification Act. If a topic is not addressed in these
				rules, reference shall be made to the DNA Identification Act.
B. Annual review. These rules shall be
				reviewed on, at least, an annual basis by the DNA oversight
				committee.
C. Purpose and intent.
				The purpose and intent of these rules is to fully implement the provisions of
				Sections
				29-3-10,
				29-16-1 et
				seq. and 29-11A-1 et seq. NMSA 1978. These rules are governed by the Uniform
				Statute and Rule Construction Act, Section
				12-2A-1
				et seq. NMSA 1978. These rules rely on the primary text of each statute and the
				common and technical use of the language in each statute.
D. Chairperson. The DNA oversight committee
				shall, in such a manner and for such duration as the DNA oversight committee
				may choose, select from the members of the DNA oversight committee, a
				chairperson and a vice-chairperson. In the absence of the chairperson, the
				vice-chairperson shall act in the capacity of the chairperson . In the
				circumstance that the chairperson is no longer willing, or able, to continue to
				act as the chairperson, the vice-chairperson shall act in the capacity of the
				chairperson until such time that the DNA oversight committee selects a new
				chairperson. The chairperson is eligible to vote on all motions brought before
				the DNA oversight committee.
E.
				Spokesperson. The chairperson of the DNA oversight committee, or designee,
				shall be empowered to act as the official spokesperson on behalf of the DNA
				oversight committee and the administrative center.
F. Proxy, abstention and electronic
				participation and voting. Designation of a proxy by any member of the DNA
				oversight committee is allowed when the respective member is unable to attend a
				meeting of the DNA oversight committee. Such proxy shall count towards
				establishing a quorum and be eligible to cast a vote as may be necessary. Any
				member of the DNA oversight committee, or their proxy, may abstain from any
				vote and such abstention shall not count towards, or against, the majority on
				any motion. Electronic participation and voting may be allowed pursuant to the
				approval of a majority of the quorum that is physically present at any meeting
				of the DNA oversight committee. Such approved electronic participation and
				voting shall be considered to be the same as if the member of the DNA oversight
				committee were physically present at that meeting.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Police.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Hazardous Materials Emergency Response (HMER)
				  Plan is adopted pursuant to the authority of the New Mexico Emergency
				  Management Act as amended in 1984.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
[Filed January 31, 1986]
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the mandates and authorities of the
				  Emergency Management Act, it is the purpose of this plan to initiate and
				  implement comprehensive procedures which can be applied state-wide by all
				  persons who may be involved in responding to a hazardous materials
				  incident.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.8 - EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL

Current through Register Vol. 35, No. 13, July 16, 2024
This document is an excerpt from New Mexico Hazardous
				  Materials Emergency Response Program. The Plan and Procedures Manual includes
				  the basic information needed to understand the workings of an emergency
				  response to a hazardous materials accident. Included in the Program but not in
				  the Plan and Procedures Manual are extensive lists of resources and several
				  other chapters containing information pertinent mainly for those individuals
				  who are responsible for administering the plan or serving as members of the
				  emergency management task force or hazardous materials safety Board. Additional
				  copies of this document and/or information on the program may be obtained from
				  the New Mexico State Police, Hazardous Materials Emergency Response
				  Administrator, P. O. Box 1628, Santa Fe, New Mexico 87504-1628, phone (505)
				  827-9226. The emergency response plan is a concise statement of the authority,
				  responsibility, and organization for management of hazardous materials
				  emergencies in New Mexico. Procedures for emergency response functions are
				  detailed in the Procedures Manual which follows the plan.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.9 - RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority and responsibility shall be consistent with the
				  legislative intent of the Emergency Management Act and the procedures developed
				  pursuant to that act. General responsibility shall be:
A.
State government:
State
				government shall have primary responsibility for management of a hazardous
				materials incident.
B.
Local
				government:
Local governments shall assist the state in performing
				emergency response functions in respective jurisdictions. Local governments may
				enter into cooperative agreements with the state for management of hazardous
				materials incidents, in accordance with Section VII [now 10.20.2.13 NMAC] of
				this plan.
C.
Federal
				government:
Federal government shall have primary responsibility for
				weapons-related shipments. In addition, it shall act as an additional resource
				to the state when the state has determined that its capability has been
				exceeded. If the state requests assistance in carrying out its emergency
				management responsibilities regarding a WIPP-related emergency, the U.S.
				department of energy has agreed to provide all appropriate and reasonably
				available federal emergency response resources at the earliest possible time.
				It will continue to provide those resources until all significant radiological
				risks have been eliminated and damages mitigated to the maximum extent
				practicable.
D.
Industry:
Industry shall be responsible for notifying the appropriate
				state authorities of an incident; providing expertise to federal, state and
				local emergency response personnel; providing equipment and personnel for
				cleanup of the incident site; reimbursing state and local emergency response
				agencies as appropriate; and providing any other assistance consistent with the
				Emergency Management Act.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.10 - ORGANIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
The organizational structure for implementation of the plan,
				  training, emergency response, and postaccident review shall consist of:
A.
Emergency management task
				force:
The task force shall meet at least quarterly to perform the
				duties required by the Emergency Management Act. Sections 6, 11, and 12 charge
				the task force with developing a comprehensive emergency response program,
				directing the hazardous materials emergency response administrator, reviewing
				program implementation, reporting resources and needs, and recommending
				legislation. Task force membership consists of:
(1) the chief of the New Mexico state police
				or a designee;
(2) the state fire
				marshal or a designee;
(3) a staff
				member of the environmental improvement division who is knowledgeable about
				radioactive materiaIs;
(4) a staff
				member of the environmental improvement division who is knowledgeable about
				hazardous substances;
(5) the
				director of the civil emergency preparedness division;
(6) the director of the emergency medical
				services bureau;
(7) the chief
				highway administrator or a designee;
(8) the chair of the state corporation
				commission or a designee;
(9) a
				representative of the governor to serve as chair.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.11 - COMMUNICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hazardous
				material emergency communication system shall incorporate the two 24-hour
				state-wide radio communications systems:
(1)
				the New Mexico state police network which links state and district
				headquarters, patrol cars, and personal pagers; and
(2) the radio communications bureau (Santa Fe
				control) of the communications division of the general services department
				which provides emergency medical personnel paging and links radio-equipped
				state agencies, emergency medical services and local governments.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.12 - FUNCTIONS OF STATE AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
The state agencies named below shall be responsible for the
				  emergency response functions assigned them by the Emergency Management Act or
				  the emergency management task force. Procedures for performing these functions
				  are detailed in the Procedures Manual of the New Mexico Hazardous Materials
				  Emergency Response Program. State agencies and their functions are:
A.
New Mexico state police:
(1) central coordination;
(2) on-scene coordination;
(3) notifying emergency response
				personnel;
(4) warning approaching
				motorists;
(5)
				communications;
(6) law
				enforcement;
(7) traffic
				control;
(8) crowd
				control;
(9) public
				information;
(10) transportation of
				emergency response personnel;
(11)
				vehicular accident assessment;
(12)
				recordkeeping.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.13 - COOPERATIVE AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In compliance with the Emergency Management Act, the state
				  shall negotiate agreements with local governments and bordering states and
				  incorporate those agreements into the HMER program.
A.
Local governments:
Local
				governments which demonstrate resources and capability for managing hazardous
				materials emergencies may enter into cooperative agreements with the state.
				Negotiated agreements will identify areas of coordination between state and
				local government.
B.
Bordering states:
Any bordering state which may become involved in an
				emergency response action which will impact that state, either directly, such
				as engaging in joint management of an incident, or indirectly, such as
				providing more proximate resources or considering possible environmental damage
				impacting that state, may enter into cooperative agreements.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.14 - TRAINING AND CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Emergency response personnel shall be
				designated in accordance with the intent of the Emergency Management Act,
				organizational procedures of state agencies, and negotiated agreement with
				local governments.
B. Designated
				emergency response personnel shall complete training and receive certification
				specified by the safety board as consistent with the emergency response
				functions to be performed during an emergency.
C. All emergency response personnel shall be
				recertified annually in accordance with safety board requirements.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.15 - LIABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Nothing in the hazardous materials emergency response plan
				  shall be construed as a waiver or alteration of the immunity from liability
				  granted under the New Mexico Tort Claims Act or as a waiver or alteration of
				  any other immunity or privilege under law.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.16 - VOLUNTEERS

Current through Register Vol. 35, No. 13, July 16, 2024
Volunteers who are acting in the service of a governmental
				  entity, when authorized, required, or requested to perform such duties by the
				  governmental entity are, in most cases, covered by the state Tort Claims Act
				  for liability arising from such activities; independent contractors, however,
				  are not covered by the act. Volunteer firefighters and emergency medical
				  technicians associated with fire departments may be covered by workman's
				  compensation and, if so, may be eligible for medical coverage that is financed
				  by the state fire fund. Designated red cross volunteers are covered by the red
				  cross' public liability policy and also have insurance coverage for medical
				  expenses resulting from injuries that occur while functioning in a volunteer
				  capacity. Volunteers not designated by the red cross are not eligible for red
				  cross insurance benefits; however, any volunteer who wants this coverage can
				  obtain red cross designation. (NOTE: Not all fire department volunteers will be
				  covered by workman's compensation. If their departments have not purchased
				  coverage they must rely on their own insurance. At the present time, most
				  departments have not purchased workman's compensation coverage for
				  volunteers.)
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 20 - CIVIL EMERGENCY PREPAREDNESS AND DISASTER RELIEF › Part 2 - HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN AND PROCEDURES MANUAL › Section 10.20.2.17 - REVISIONS TO THE PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
The hazardous materials emergency response administrator
				  shall update the plan, procedures, resources and other documentation at the
				  direction of the task force. Suggested revisions to the plan shall be presented
				  to the task force for review at their quarterly meetings. Once accepted,
				  revisions will be distributed to all responsible state agencies and local
				  governments having agreements with the state. Revised plans shall be
				  distributed as needed.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 24 - SEARCH AND RESCUE › Part 1 - CERTIFICATION FOR SEARCH AND RESCUE PERSONS › Section 10.24.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons who desire to obtain and
				  maintain a certification with the New Mexico department of public safety,
				  search and rescue (SAR).
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 24 - SEARCH AND RESCUE › Part 1 - CERTIFICATION FOR SEARCH AND RESCUE PERSONS › Section 10.24.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  24-15A-5
				  NMSA 1978 and Section
				  9-19-6(E)
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 24 - SEARCH AND RESCUE › Part 1 - CERTIFICATION FOR SEARCH AND RESCUE PERSONS › Section 10.24.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 27, 2017, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 24 - SEARCH AND RESCUE › Part 1 - CERTIFICATION FOR SEARCH AND RESCUE PERSONS › Section 10.24.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide a system of
				  certification and maintenance of certification of search and rescue
				  persons.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 24 - SEARCH AND RESCUE › Part 1 - CERTIFICATION FOR SEARCH AND RESCUE PERSONS › Section 10.24.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions set forth in the Search and
				  Rescue Act, Section
				  24-15A-3
				  NMSA 1978, the following terms are defined:
A.
Agency administrator
means
				the chief of the New Mexico state police. The chief may appoint an agency
				administrator designee for search and rescue (SAR) matters.
B.
Field coordinator
means a SAR
				person certified by the department of public safety to act as incident
				commander for a SAR mission.
C.
Incident command system
means a standardized system for the
				command, control, and coordination of emergency response operations for search
				and rescue.
D.
Incident
				commander
means the person within the incident command system officially
				assigned to manage a SAR incident.
E.
Probation status
means the
				status of a certification of a SAR field coordinator, incident command system
				general staff, or SAR person or volunteer, when the certification is not
				current on maintenance of certification requirements, but is still eligible to
				meet the requirements at a later time.
F.
SAR incident command system general
				staff
means a SAR person working SAR management under the incident
				command system on a SAR mission.
G.
SAR resource officer
means the official located within the
				department of public safety responsible for coordinating SAR resources and
				administering the state SAR plan.
H.
SAR review board
means the
				policy advisory committee whose duty it is to evaluate the operation of the New
				Mexico search and rescue plan, evaluate problems of specific missions, and make
				findings of fact and recommendations to the chief and other appropriate
				authorities.
I.
SAR
				person
means a person who volunteers or provides time and equipment to
				aid in SAR missions.
J.
Section chief
means a person who has the responsibility for a
				major functional area of a SAR mission, such as operations, plans, logistics,
				or finance and administration. Section chiefs report directly to the incident
				commander and are part of the incident command system general staff.
K.
Special operations commander
means the commander of the New Mexico state police special operations
				bureau.
L.
Type
means
				a graded management system that is based on experience and training for the
				selection of a SAR field coordinator or incident command system general staff.
				The measurement correlates to the level of complexity of the mission in which a
				SAR field coordinator or incident command system general staff may participate,
				with type I being the most complex.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 24 - SEARCH AND RESCUE › Part 1 - CERTIFICATION FOR SEARCH AND RESCUE PERSONS › Section 10.24.1.8 - SYSTEM OF CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Certification for field coordinator:
(1) Certification is required for SAR persons
				or volunteers in order to act as field coordinators. To be certified as a field
				coordinator an applicant must:
(a) submit an
				application with the New Mexico department of public safety;
(b) successfully complete a SAR management
				course and other criteria for qualifications as required by the New Mexico
				department of public safety;
(c)
				complete the training standards for field coordinators which will comprise of a
				minimum of 40 hours of training, and may include, but is not limited to,
				management of SAR resources, development of goals and objectives, and search
				theory applications; and
(d)
				receive final approval for certification from the SAR review board and the
				agency administrator.