New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Act"
means the Local DWI Grant Program Act, being Sections
				11-6A-1
				through
				11-6A-6
				NMSA 1978, as amended.
B.
"Administrative Guidelines"
means guidelines that establish the
				requirements for eligible counties and their municipalities to apply for
				funding and to administer the fund and that are consistent with both the
				applicable regulations and statute.
C.
"Alternative sentencing
				program"
means a program that provides -state courts with a sentencing
				alternative to traditional incarceration for a DWI offender while providing
				access to intervention services in an environment that is consistent with the
				"least restrictive" means possible, e.g., incarceration/treatment,
				non-residential treatment, compliance monitoring/tracking.
D.
"Board"
means the board of
				county commissioners of a county.
E.
"Compliance
				monitoring/tracking"
means any program or activity that enhances
				tracking, follow-up or otherwise works with DWI and other alcohol-related
				misdemeanor offenders to assist state courts in the monitoring of offenders for
				compliance with court-ordered sanctions.
F.
"Council"
means the New
				Mexico DWI grant council created pursuant to the act. Membership of the council
				consists of the president of the New Mexico municipal league or designee, the
				president of the New Mexico association of counties or designee, the secretary
				of health or the secretary's designee, the secretary of finance and
				administration or the secretary's designee, the chief of the traffic safety
				bureau of the state highway and transportation department, and two
				representatives of local governing bodies who shall be appointed by the
				governor so as to provide geographic diversity.
G.
"County DWI Plan"
means the
				local DWI grant application developed with the advice of the council and
				approved by the human services department.
H.
"County DWI planning council"
means a county planning council that is representative of a broad spectrum of
				interests and cultural perspectives such as, emergency medical services,
				community substance abuse treatment, public health, community traffic safety,
				law enforcement, courts/judicial, prosecutor/legal, and schools. A county DWI
				planning council is organized to assist in the development, implementation and
				evaluation of a county DWI program.
I.
"DFA"
means the department of
				finance and administration.
J.
"Division"
means the local government division of the department
				of finance and administration.
K.
"Distribution program"
means the distribution of certain local DWI
				grant funds on a quarterly basis by the division from the fund to eligible
				counties for council-approved DWI programs, services or activities in an amount
				in accordance with the formula in Subsection B of Section
				11-6A-6
				NMSA 1978 as amended.
L.
"DWI"
means driving while intoxicated.
M.
"Fund"
means the local DWI
				grant fund created pursuant to the act, which receives a portion of liquor
				excise tax revenue and is administered by the division.
N.
"Grant program"
means the
				local DWI grant program established by the division to make grants to
				municipalities or counties for new, existing innovative or model programs,
				services or activities to prevent or reduce the incidence of DWI, alcoholism
				and alcohol abuse. Grants shall be awarded by the council pursuant to the
				advice and recommendations of the division and the requirements of Subsection C
				of Section
				11-6A-3
				NMSA 1978, as amended.
O.
"Enforcement program"
means any program or activity improving law
				enforcement approaches to prevent or deter DWI behavior, such as DWI
				checkpoints, saturation patrols, warrant roundups and underage drinking
				prevention activities. Local DWI grants may be used for law enforcement
				overtime only in support of these types of activities. On a case by case basis
				local DWI grants may be used for a full-time DWI law enforcement officer if
				sufficient justification is provided.
P.
"Local DWI grant application"
means the forms required by the division to request funding through the
				fund.
Q.
"Offender
				program"
means any program or activity with the purpose of reducing the
				recidivism of DWI offenders.
R.
"Prevention program"
means any program or activity that has as its
				objective the fostering or creation of an environment that helps individuals
				make healthy and safe choices to prevent or reduce the incidence of DWI,
				alcoholism or alcohol abuse. Prevention programs should be designed to increase
				the ability of an individual to change behavior related to the misuse or abuse
				of alcohol, to resist pressures or influences to misuse or abuse alcohol, and
				to prevent or reduce the incidence of DWI, alcoholism, or alcohol
				abuse.
S.
"Public information
				and education program"
means any program or activity aimed at informing
				communities, families, and individuals about ways to improve efforts toward
				zero-tolerance of DWI and to support social action for change, such as holiday
				"survival" campaigns for safety, media conferences, speaker bureaus, resource
				libraries, emergency medical service professionals providing school
				presentations, bill boards, and community fairs.
T.
"Screening program"
means the
				use of empirically-based procedures, such as standardized tests, self-reporting
				techniques and interviews to identify, at the judicial stage, those DWI
				offenders who have alcohol or drug-related problems/consequences, who are at
				risk for such difficulties, or who are at high risk of DWI recidivism.
				Screening measures are not designed to explain the nature and extent of such
				problems, or to substitute for assessments to aid in the treatment planning
				process.
U.
"Supplantation"
means the replacement or substitution of existing
				funding with local DWI grant funding.
V.
"Teen court program"
means an
				alternative sentencing program for juveniles accused of minor offenses, which
				program is sanctioned by a state court or by the juvenile justice division of
				the children, youth and families department's juvenile probation and parole
				offices. Teen court program includes juvenile defendants, paid or volunteer
				staff, teen court judges, community liaison, bailiffs, court clerks and teens
				serving as jurors, attorneys, or performing other duties.
W.
"Treatment program"
means an
				array of individual, family, group or social programs or activity alternatives
				directed to intervene and address DWI, alcohol problems and alcohol dependence,
				or alcoholism or alcohol abuse. Treatment seeks to reduce the consumption of
				alcohol, to support abstinence and recovery from drinking alcohol, and to
				improve physical health, family and social relationships, emotional health,
				well-being, and general life functioning.