323 sections in this chapter.
NMSA 1978, § 31-29-11 Collateral sanctions not subject to order of limited relief
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An order of limited relief shall not be issued to relieve the following collateral sanctions: A. requirements imposed by the Sex Offender Registration and Notification Act; B. a motor vehicle license suspension, revocation, limitation or ineligibility pursuant to the Motor Vehicl…
NMSA 1978, § 31-29-12 Issuance of order of limited relief
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A. The prosecutor shall be notified of a request for an order of limited relief. The court may issue an order of limited relief subject to restriction, condition or additional requirement. B. The court shall order any test, report, investigation or disclosure by the individual it…
NMSA 1978, § 31-29-13 Reliance on order as evidence of due care
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In a judicial or administrative proceeding alleging negligence or other fault, an order of limited relief may be introduced as evidence of a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or program or otherwise transacting business or engagi…
NMSA 1978, § 31-29-14 Victim's rights
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A victim of an offense may participate in a proceeding for issuance of an order of limited relief in the same manner as at a sentencing proceeding pursuant to the Victims of Crime Act [Chapter 31, Article 26 NMSA 1978]. History: Laws 2021, ch. 58, § 14.
NMSA 1978, § 31-29-15 Uniformity of application and construction
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In applying and construing the Uniform Collateral Consequences of Conviction Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2021, ch. 58, § 15.
NMSA 1978, § 31-29-16 Saving and transitional provisions
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A. Except as provided in Subsection B of this section, the Uniform Collateral Consequences of Conviction Act applies to collateral consequences whenever enacted or imposed unless the law creating the collateral consequence expressly states that the Uniform Collateral Consequences…
NMSA 1978, § 31-29-2 Definitions
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As used in the Uniform Collateral Consequences of Conviction Act: A. "collateral consequence" means a collateral sanction or a disqualification; B. "collateral sanction" means a penalty, disability or disadvantage, however denominated, imposed on an individual as a result of the …
NMSA 1978, § 31-29-3 Limitation on scope
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A. The Uniform Collateral Consequences of Conviction Act does not provide a basis for: (1) invalidating a plea, conviction or sentence; (2) a cause of action for money damages; or (3) a claim for relief from or defense to the application of a collateral consequence based on a fai…
NMSA 1978, § 31-29-4 Identification, collection and publication of laws regarding
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collateral consequences. A. The identification agency: (1) shall identify or cause to be identified: (a) any provision in the constitution of New Mexico and New Mexico's statutes published in the New Mexico Statutes Annotated that imposes a collateral sanction or authorizes the i…
NMSA 1978, § 31-29-5 Notice of collateral consequences in pretrial proceeding
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and at guilty plea. A. Except as provided in Subsection C of this section, counsel representing an individual charged with an offense shall cause written notice substantially similar to the following to be communicated to the individual: "NOTICE OF ADDITIONAL LEGAL CONSEQUENCES I…
NMSA 1978, § 31-29-6 Notice of collateral consequences at sentencing and upon
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release. A. An individual convicted of an offense shall be given notice as provided in Subsections B and C of this section: (1) that collateral consequences may apply because of the conviction; (2) of the internet address of the collection of laws published pursuant to Subsection…
NMSA 1978, § 31-29-7 Authorization required for sanction; ambiguity
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A. A collateral sanction may be imposed only by statute or ordinance or by a rule authorized by law and adopted in accordance with applicable law. B. A law creating a collateral consequence that is ambiguous as to whether it imposes a collateral sanction or authorizes a disqualif…
NMSA 1978, § 31-29-8 Decision to disqualify
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In deciding whether to impose a disqualification, a decision-maker shall undertake an individualized assessment to determine whether the benefit or opportunity at issue should be denied the individual. In making that decision, the decision-maker may consider, if substantially rel…
NMSA 1978, § 31-29-9 Effect of conviction by another state or the United States;
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relieved or pardoned conviction. A. For purposes of authorizing or imposing a collateral consequence in New Mexico, a conviction of an offense in a court of another state or the United States is deemed a conviction of the offense in New Mexico with the same elements. If there is …
NMSA 1978, § 31-30-1 Short title
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Sections 38 through 46 [31-30-1 to 31-30-9 NMSA 1978] of this act may be cited as the "Violence Intervention Program Act". History: Laws 2022, ch. 56, § 38.
NMSA 1978, § 31-30-2 Definitions
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As used in the Violence Intervention Program Act: A. "commission" means the New Mexico sentencing commission; B. "community-based service provider" means an entity that is eligible to be awarded a contract to provide services that accomplish the purposes of the Violence Intervent…
NMSA 1978, § 31-30-3 Violence intervention program fund; created; purpose
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The "violence intervention program fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The department shall administer the fund, and money in the fund is appropriated to the department to administer the …
NMSA 1978, § 31-30-4 Violence intervention program requirements
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A violence intervention program shall: A. use an evidence- or research-based public health approach to reduce gun violence and aggravated assaults; B. use focused deterrence, problem-oriented policing and proven law enforcement strategies to reduce gun violence and aggravated ass…
NMSA 1978, § 31-30-5 Grant awards
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A. On or after July 1, 2022, the department shall receive and review applications for grants from the violence intervention program fund. The department may make grants from the fund to state agencies, counties, municipalities or tribal governments that the department finds are d…
NMSA 1978, § 31-30-6 Application requirements
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A. Each application for a grant from the violence intervention program fund shall include: (1) clearly defined, measurable objectives for a proposal to improve public health and safety through evidence-based violence reduction interventions; (2) a comprehensive violence reduction…
NMSA 1978, § 31-30-7 Conditions of grant
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A. As a condition of each grant made pursuant to the Violence Intervention Program Act, the department shall require each grantee to use at least fifty percent of its grant for the purpose of entering into contracts with one or more community-based service providers. B. Each gran…
NMSA 1978, § 31-30-8 Rules
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The department shall adopt rules necessary to administer the provisions of the Violence Intervention Program Act, including standardized rules pertaining to the collection and sharing of data by grantees. History: Laws 2022, ch. 56, § 45.
NMSA 1978, § 31-30-9 Reports
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A. Each grantee shall report to the department and the commission by November 1 of each year regarding the: (1) purpose and amount of each grant received by the grantee for the previous fiscal year; and (2) processes, outputs and outcomes resulting from each grant approved by the…