HOUSE BILL 289

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Kathleen Cates and Dayan Hochman-Vigil

 

 

 

ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

 

AN ACT

RELATING TO THE NEW MEXICO SENTENCING COMMISSION; REVISING THE RULES OF DATA COLLECTION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 9-3-10.1 NMSA 1978 (being Laws 1994, Chapter 19, Section 2, as amended) is amended to read:

     "9-3-10.1. AUTHORITY TO REVIEW RECORDS OR INFORMATION--EXCEPTIONS--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 evidence;

                (2) compromises or tends to disclose any privileged record or information; or

                (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] including juvenile records, behavioral health information and information that is contained on the statewide criminal justice data-sharing network.

          B. All records, data and information received or obtained by the New Mexico sentencing commission shall have the same status with regard to access or release as when the records, data or information was in the possession of the entity from which the commission received it.

          C. Records, data and information received or obtained by the New Mexico sentencing commission under this section may be used for reports on and analysis of the criminal and juvenile justice system. Public reports that rely on confidential information shall only use de-identified data so that the information in the report cannot be used to match a person with confidential information regarding that person.

          D. The New Mexico sentencing commission is not authorized to inspect, copy, receive and review records, data or information that:

                (1) is privileged under the rules of evidence;

                (2) compromises or tends to disclose any privileged record or information; or

                (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.

          [B.] E. The New Mexico sentencing commission shall promulgate rules setting forth procedures for inspecting, copying, receiving, reviewing and reporting records, data and information necessary to fulfill its duties. State, county and local government agencies shall assist the commission in obtaining the records, data and information necessary to fulfill the commission's duties. [All records, data and information received or obtained by the commission shall have the same status with regard to access or release as when the records, data or information was in the possession of the entity from which the commission received it.]"

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