New Mexico Administrative Code

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.

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.

Permanent.

September 30, 2016, unless a later date is cited at the end of a section.

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…

A. "Administrative center" means the part of a national DNA index system qualified New Mexico crime laboratory that administers and operates the DNA identification system and is governed by the DNA oversight committee. B. "Analysis" means DNA profile generation. C. "Arrestee" for…

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 administrat…

A. DNA records and samples are confidential and shall not be disclosed except as authorized by the DNA oversight committee and as governed by the DNA Identification Act. B. All files, computer, and sample storage systems maintained by the administrative center pursuant to the DNA…

Department of Public Safety.

All persons who seek to expunge arrest and public records in accordance with the Criminal Records Expungement Act.

Sections 29-3A-1 through 29-3A-7 NMSA 1978 of the Criminal Records Expungement Act require the Department to develop rules and procedures to implement the Criminal Record Expungement Act.

Permanent.

January 1, 2020.

The objective of the rule is to provide a procedure whereby persons who seek to expunge arrest records and public records related thereto, may request a DPS RAP sheet, and be informed of the need to obtain the Petitioner's United States Department of Justice Federal Bureau of Inv…

For purposes of this rule, the following terms have the following meaning: A. Arrest records are records of identification of a person under arrest or under investigation for a crime taken or gathered by an official, including information gathered from the national crime informat…

A. If in order to complete the Petition, or otherwise to obtain the expungement of records, a Petitioner is required by a court to obtain Petitioner's DPS RAP sheet or Petitioner's FBI RAP sheet, Petitioner may follow the procedure set forth herein. B. The DPS RAP sheet may be ob…

A. Service of the Petition may be made on the Department by any method permitted by Rule 1-004 H of the New Mexico Rules of Civil Procedure. B. Service by mail or commercial courier service shall be made by certified mail, return receipt requested or commercial courier service wh…

Department of Public Safety.

A. Within 45 calendar days after the department receives the initial registration information the out-of-state registrant is required under Section 29-11A-4 NMSA 1978 and Section 10.2.3.9 NMAC to provide to the sheriff, the department shall complete a translation and advise the o…

All individuals convicted in another jurisdiction pursuant to state, federal, tribal or martial law, of the equivalent of a "sex offense", as defined in Section 29-11A-3 NMSA 1978, who seek to contest a determination that registration as a sex offender in New Mexico is required.

Subsection G of Section 29-11A-5 NMSA 1978, requires the department to adopt rules necessary to carry out the provisions of the act.

Permanent.

July 1, 2021.

The objective of this rule is to provide a procedure whereby an out-of-state registrant may contest a determination by the New Mexico department of public safety that the out-of-state registrant must register as a sex offender in New Mexico which procedure includes notice, an opp…

For purposes of this rule, the following terms have the following meaning: A. "Department" means the New Mexico department of public safety. B. "Out-of-state registrant" means any person who establishes a residence in New Mexico while the person is required to register as a sex o…

A. Within 10 business days of receipt by the department of a letter or other notification from an out-of-state law enforcement or other agency that an individual required by that state to register as a sex offender intends to relocate to New Mexico, the department shall notify th…

In addition to the information set forth in Subsection B of Section 29-11A-4 NMSA 1978, an out-of-state registrant shall, at the time of the registrant's initial registration with the county sheriff in the county in which the registrant resides, provide copies of the following do…

Department of Public Safety.

A. Following receipt of the information required to be reported in 10.2.4.9 NMAC, DPS shall calculate the total amount necessary to be disbursed to each requesting law enforcement agency to provide a retention differential disbursement to all eligible officers employed by that la…

A. Any agency requesting a waiver of all or a portion of the information that the law enforcement agency is required to report under Subsection A of 10.2.4.9 NMAC, shall file a written request for waiver no later than May 31 of the fiscal year the report is due. The request for w…

A. There is no statutory right of appeal from DPS's decision on a Notice of Intent to Disburse letter or its denial of a request to waive the required reporting information. B. A law enforcement agency aggrieved by a DPS decision may proceed by requesting an applicable writ as pr…

All law enforcement agencies eligible to receive funding from the law enforcement retention fund for the purpose of providing a retention differential disbursement to full-time certified law enforcement officers employed by that law enforcement agency.

This rule is promulgated pursuant to Sections 9-19-6 E. and 9-19-14 NMSA 1978 of the Department of Public Safety Act, as amended by 2024 HB 193. Section 9-19-14, as amended creates a law enforcement retention fund in the state treasury and requires the Department to develop rules…

Permanent

4/25/2023, unless a later date is specified at the end of a section.

The objective of this rule is to provide forms, standards and procedures for law enforcement agencies to report retention information when seeking monies from the law enforcement retention fund, for the purpose of providing retention differential disbursements to eligible law enf…

This rule adopts the definitions found in Section 9-19-2 NMSA 1978, Subsection M of Section 9-19-14 NMSA 1978 and 2024 HB 193, as if fully set forth herein. In addition to the definitions adopted, the following terms have the following meaning: A. "Certified" means an individual …

The salary used by the law enforcement agency to calculate the five percent retention differential disbursement for those officers projected to be eligible officers in the upcoming fiscal year, shall be the salary of the officer on the date the officer reached four, nine, 14, 19 …

A. Every law enforcement agency seeking monies from the LERF for retention differential disbursements for full-time certified law enforcement officers within its employ, who are projected to be eligible officers in the upcoming fiscal year, shall annually report to DPS the follow…

New Mexico State Police.

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. Se…

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 communicatio…

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 Hazardo…

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 managin…

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 …

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.

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 contractor…

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 acce…

This procedures manual, developed by the emergency management task force, is a guide for use by responsible state emergency response personnel in managing, coordinating, and controlling a hazardous materials accident. It defines procedures to be followed for central and on-scene …

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