Chapter 9 — Chapter 9

This act [9-1-1 to 9-1-10 NMSA 1978] may be cited as the "Executive Reorganization Act". History: 1953 Comp., § 4-29B-1, enacted by Laws 1977, ch. 248, § 1.

No suit, action or other proceeding lawfully commenced by or against the head of any agency or other officer of the state, in his official capacity or in relation to the discharge of his duties, shall abate by reason of the taking effect of any reorganization plan under the provi…

Upon order issued by the governor, the department of finance and administration and the educational finance and cultural affairs department shall be merged. Their various divisions, boards and commissions may be then grouped in an orderly fashion and given such powers and such au…

All policy-making boards and commissions within the two departments shall retain at least the amount of autonomy and control they possess under present law. History: Laws 1979, ch. 205, § 3.

order transfer. A. The control of the professional and occupational licensing functions of the executive branch of state government may be consolidated under the supervision of the regulation and licensing department upon executive order issued by the governor, and the executive …

The purpose of the Executive Reorganization Act is to allow for more efficient management of the executive branch by creating an executive cabinet composed of secretaries of departments; to eliminate overlapping and duplication of effort; and to provide for administrative and bud…

A. There is created the "executive cabinet" headed by the governor and consisting of, but not limited to, the lieutenant governor, and the secretaries of such departments as are hereafter created and designated as "cabinet departments" pursuant to law. B. The cabinet shall: (1) a…

A. Except as otherwise provided by law for its internal structure, the executive branch shall adhere to the following standard terms: (1) the principal unit of the executive branch is a "department," headed by a "secretary," who shall be appointed by the governor with the consent…

A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged. B. To perform the secretary's d…

"Adjunct agencies" are those agencies, boards, commissions, offices or other instrumentalities of the executive branch, not assigned to the elected constitutional officers, which are excluded from any direct or administrative attachment to a department, which retain policymaking …

A. An agency attached to a department for administrative purposes only shall: (1) exercise its functions independently of the department and without approval or control of the department; (2) submit its budgetary requests through the department; and (3) submit reports required of…

Unless otherwise provided by law, neither a department secretary nor any other employee of the executive branch of state government, or any agency, may, by administrative action, create an agency, board, commission or any other entity of state government. This section shall not a…

applications; composition; life span; title; quorom [quorum]; compensation. A. Advisory committees may be created. Advisory shall mean furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as ma…

Chapter 9, Article 2A NMSA 1978 may be cited as the "Children, Youth and Families Department Act". History: Laws 1992, ch. 57, § 1; 2007, ch. 65, § 1.

The secretary may appoint, with the approval of the governor, "directors" of such divisions as are established within the department. Directors are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: Laws 1992, ch. 57, § 10.

The secretary may establish within each division such "bureaus" as he deems necessary to carry out the provisions of the Children, Youth and Families Department Act. He shall appoint a "chief" to be the administrative head of any such bureau. The chief and all subsidiary employee…

members; purpose. A. The "children, youth and families advisory committee" is created. The committee shall be composed of eleven members appointed by the governor. The governor shall appoint persons with demonstrated interest and involvement in children, youth and family services…

History: Laws 1992, ch. 57, § 13; 2003, ch. 338, § 5; repealed by Laws 2019, ch. 48, § 37.

committee; supervisory function. Any juvenile justice advisory committee appointed pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974 shall be advisory to the department, except the committee shall serve as the "supervisory board" under that act and a…

administration; grant applications. A. The "juvenile continuum grant fund" is created as a nonreverting fund in the state treasury. The fund shall be administered by the children, youth and families department and shall consist of appropriations, gifts, grants, donations and bequ…

The legislature finds that pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974, federal regulations and state law, the juvenile justice advisory committee is required to be given explicit power to continue to fulfill its duties in administering the fed…

department. A. The juvenile justice advisory committee shall have policymaking, planning and review powers over only the following functions pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974: (1) in conjunction with the department, approval of a comp…

department; acting as peace officers. A. Correctional officers of the children, youth and families department who have completed an appropriate American correction association training course and who have at the particular time the principal duty to hold in custody or supervise a…

department; qualifications. Correctional officers of the children, youth and families department shall: A. be citizens of the United States; B. be eighteen years of age or older; C. possess a high school education or its equivalent; D. be of good moral character and not have been…

Sections 9-2A-19 through 9-2A-22 NMSA 1978 may be cited as the "Youth Alliance Act". History: Laws 2003, ch. 324, § 1; 2005, ch. 66, § 1.

The purpose of the Children, Youth and Families Department Act is to establish a department of state government that shall: A. administer all laws and exercise all functions formerly administered and exercised by the youth authority, as well as administering certain functions rel…

The purpose of the Youth Alliance Act [9-2A-19 to 9-2A-22 NMSA 1978] is to encourage young people throughout New Mexico to consider and discuss the opportunities, issues and challenges they face and to identify community, family and collaborative assets as possible solutions for …

A. The "youth alliance" is created and is administratively attached to the children, youth and families department. B. The alliance shall consist of youth, aged fourteen to twenty-four, from each New Mexico legislative district to be recruited through an open process and selected…

A. The position of "youth alliance coordinator" is created in the office of the secretary of children, youth and families to organize, administer and coordinate youth alliance activities. B. The coordinator shall: (1) oversee the recruitment and selection of alliance members; (2)…

Fingerprinting and a background check shall be required for a volunteer or staff member at a juvenile justice facility who has direct unsupervised contact with residents. History: Laws 2007, ch. 65, § 2.

membership; duties. A. The "New Mexico domestic violence leadership commission" is created and is administratively attached to the children, youth and families department. B. The New Mexico domestic violence leadership commission shall consist of twenty-six members appointed by t…

A. Employees of the department shall not erase data from the electronic devices issued by the department to employees for communication related to the performance of duties within the scope of their employment by the department. B. Electronic devices issued by the department to e…

As used in the Children, Youth and Families Department Act: A. "department" means the children, youth and families department; and B. "secretary" means the secretary of children, youth and families. History: Laws 1992, ch. 57, § 3.

A. The "children, youth and families department" is created. The department is a cabinet department and consists of, but is not limited to, six divisions as follows: (1) the protective services division; (2) the juvenile justice division; (3) the prevention and intervention divis…

History: Laws 1992, ch. 57, § 5; 2009, ch. 239, § 1; repealed by Laws 2009, ch. 239, § 70.

A. The chief executive and administrative officer of the department is the "secretary of children, youth and families". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold office at the pleasure of the governor and shall serve…

A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which he or the department is charged. B. To perform his duties, the secretary ha…

In addition to other duties provided by law or assigned to the department by the governor, the department shall: A. develop priorities for department services and resources based on state policy and national best-practice standards and local considerations and priorities; B. stre…

confidentiality; violation; penalty. A. The department shall submit fingerprints for each individual required to be fingerprinted pursuant to the Children, Youth and Families Department Act to the department of public safety and the federal bureau of investigation. B. Criminal hi…

substantiated allegations of child abuse or neglect; prohibition on convicted felons; disciplinary action; confidentiality of abuse and neglect records. A. No employee, staff member or volunteer at the department, including prospective employees, having direct unsupervised contac…

specified by law; access to information. A. Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall b…

Chapter 9, Article 3 NMSA 1978 may be cited as the "Corrections Department Act". History: 1978 Comp., § 9-3-1, enacted by Laws 1977, ch. 257, § 1; 1980, ch. 150, § 1; 1981, ch. 73, § 1; 2007, ch. 9, § 1; 2007, ch. 123, § 1.

duties. A. There is created the "New Mexico sentencing commission". B. The New Mexico sentencing commission shall be composed of twenty-seven members. Appointed members shall serve at the pleasure of the appointing authority. The commission shall reflect reasonable geographical a…

rules. A. The New Mexico sentencing commission is authorized to inspect, copy, receive and review all records, data and information in the possession of state, county and local government agencies, except records, data or information that: (1) is privileged under the rules of evi…

The New Mexico sentencing commission may, in the name of the state, accept grants, donations or gifts to carry out its functions and purposes. History: 1978 Comp., § 9-3-10.2, enacted by Laws 1994, ch. 19, § 3; 2003, ch. 75, § 3.

imprisonment; fiscal impact statements; procedure. A. The New Mexico sentencing commission shall prepare a fiscal impact statement as provided in this section for a bill that: (1) creates a new crime or repeals an existing crime for which imprisonment is authorized; (2) increases…

A. The following entities are administratively attached to the corrections department: (1) the adult parole board; and (2) the governor's organized crime prevention commission. B. All powers and duties vested in the entities enumerated in this section shall remain unamended by th…

specified by law; access to information. Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be s…

duties. A. There is created within the New Mexico sentencing commission the "sex offender management board". Members of the sex offender management board who are not members of the New Mexico sentencing commission, whose membership is set forth in Section 9-3-10 NMSA 1978, shall …

The purpose of the Corrections Department Act is to create a single, unified department to administer all laws and exercise all functions formerly administered and exercised by the corrections and criminal rehabilitation department and to ensure a comprehensive criminal justice s…