SB0054

SENATE BILL 54

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Katy M. Duhigg and Janelle Anyanonu

AN ACT

RELATING TO PUBLIC SAFETY; AMENDING DEFINITIONS; PROVIDING FOR COURSES OF INSTRUCTION AND PRACTICAL TRAINING FOR A COUNTY DETENTION OFFICER; COORDINATING REENTRY EFFORTS FOR A PERSON RELEASED FROM PRISON; REQUIRING THE NEW MEXICO SENTENCING COMMISSION TO CREATE A PUBLIC CRIME DATA DASHBOARD; EXPANDING MEDICATION-ASSISTED TREATMENT PROGRAMS IN CORRECTIONAL FACILITIES; REQUIRING CORRECTIONAL FACILITIES TO TRACK AND REPORT DATA ON MEDICATION-ASSISTED TREATMENT; PROVIDING FOR THE EXPANSION OF THE CRIMINAL JUSTICE WORKFORCE; PROVIDING FOR TRAINING FOR INTERACTION WITH A PERSON IN CRISIS; PROVIDING ELIGIBILITY REQUIREMENTS FOR PREPROSECUTION DIVERSION PROGRAMS; PROVIDING FOR A JUDICIAL DISTRICT TO ESTABLISH A TREATMENT COURT PROGRAM; PROVIDING FOR A MAGISTRATE, METROPOLITAN OR DISTRICT COURT TO IMPOSE STANDARD PROBATION CONDITIONS TO MAINTAIN PUBLIC SAFETY; ALLOWING FOR CRIME MAPPING TO UTILIZE CRIME DATA TO INTERRUPT OR DETER VIOLENCE; PROVIDING FOR CONTINUING JUDICIAL EDUCATION ON SUBSTANCE USE DISORDER, MENTAL HEALTH CONDITIONS AND CO-OCCURRING DISORDER; CREATING THE LAW ENFORCEMENT DEFLECTION PROGRAM; ESTABLISHING A NONMEDICAL INTERVENTION PLAN FOR TRANSFER FOR A PERSON IN CRISIS; CREATING THE FORENSIC LABORATORY BUREAU FUND; CREATING THE JAIL REENTRY FUND; CREATING THE CLINICAL SUPERVISION FUND; PROVIDING A TEMPORARY PROVISION FOR THE STATEWIDE PLAN FOR A COMMUNITY-BASED CRISIS TREATMENT SYSTEM; MAKING APPROPRIATIONS.

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

SECTION 1. Section 9-3-5 NMSA 1978 (being Laws 1977, Chapter 257, Section 6, as amended) is amended to read:

"9-3-5. SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary of corrections is responsible to the governor for the operation of the corrections department. It is [his] the secretary's duty to manage all operations of the department and to administer and enforce the laws with which [he] the secretary or the department is charged.

B. To perform [his] the secretary's duties, the secretary has every power expressly enumerated in the laws, whether granted to the secretary of the department or any division of the department, except where authority conferred upon any division is explicitly exempted from the secretary's authority by statute. In accordance with these provisions, the secretary shall:

(1) except as otherwise provided in the Corrections Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and [regulations] rules;

(2) delegate authority to subordinates as [he] the secretary deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;

(3) organize the department into those organizational units [he] the secretary deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge [his] the secretary's duties, including incentive and stipend programs for academy and specialty trainers;

(5) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law for whose administration or execution [he] the secretary is responsible and to enforce those orders and instructions by appropriate administrative action or actions in the courts;

(6) conduct research and studies that will improve the operations of the department and the provision of services to the [citizens] residents of the state;

(7) provide courses of instruction and practical training for employees of the department, [and] other persons involved in the administration of programs [with the objective of improving the operations and efficiency of administration] and a county detention officer;

(8) prepare an annual budget of the department;

(9) provide cooperation, at the request of heads of administratively attached agencies, in order to:

(a) minimize or eliminate duplication of services and jurisdictional conflicts;

(b) coordinate activities and resolve problems of mutual concern; and

(c) resolve by agreement the manner and extent to which the department shall provide budgeting, [record-keeping] recordkeeping and related clerical assistance to administratively attached agencies;

(10) appoint, with the governor's consent, a "director" for each division. These appointed positions are exempt from the provisions of the Personnel Act. Persons appointed to these positions shall serve at the pleasure of the secretary;

(11) give bond as provided in the Surety Bond Act. The department shall pay the costs of the bonds; and

(12) require performance bonds of such department employees and officers as [he] the secretary deems necessary, as provided in the Surety Bond Act. The department shall pay the costs of the bonds.

C. The secretary may apply for and receive, with the governor's approval, in the name of the department any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.

D. Where functions of departments overlap or a function assigned to one department could better be performed by another department, a secretary may recommend appropriate legislation to the next session of the legislature for its approval.

E. The secretary may make and adopt such reasonable [and] procedural rules [and regulations] as may be necessary to carry out the duties of the department and its divisions. No rule [or regulation] promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary. Unless otherwise provided by statute, no [regulation] rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by [him] the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the [regulation] rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed [regulation] rule or proposed amendment or repeal of an existing [regulation] rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules [and regulations] shall be filed in accordance with the State Rules Act.

F. Behavioral health services, including mental health and substance abuse services, provided by the department for persons under the department's supervision shall be in compliance with the requirements of Section 9-7-6.4 NMSA 1978. The corrections department shall enforce health care authority orders and rules pertaining to behavioral health in corrections."

SECTION 2. Section 9-3-10 NMSA 1978 (being Laws 1977, Chapter 257, Section 11, as amended) is amended to read:

"9-3-10. NEW MEXICO SENTENCING COMMISSION--CREATION--

MEMBERSHIP--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 and urban-rural balances and regard for the incidence of crime and the distribution and concentration of law enforcement services in the state. The commission shall consist of the following individuals or their designees:

(1) the attorney general;

(2) a district attorney appointed by the New Mexico district attorney's association or its successor agency;

(3) the chief public defender;

(4) two district court judges, one of whom shall be a children's court judge, appointed by the district and metropolitan judges association or its successor agency;

(5) a magistrate judge appointed by the chief justice of the supreme court;

(6) the dean of the university of New Mexico school of law;

(7) the secretary of corrections;

(8) the secretary of public safety;

(9) the secretary of children, youth and families;

(10) the secretary of public education;

(11) a representative from the behavioral health services division of the [human services department] health care authority;

(12) a county sheriff appointed by the executive director of the New Mexico association of counties;

(13) two public members appointed by the governor, one of whom shall be designated as chair of the New Mexico sentencing commission by the governor;

(14) three public members appointed by the president pro tempore of the senate;

(15) one public member appointed by the minority floor leader of the senate;

(16) three public members appointed by the speaker of the house of representatives;

(17) one public member appointed by the minority floor leader of the house of representatives;

(18) two public members appointed by the chief justice of the supreme court;

(19) one public member who is Native American and a practicing attorney, appointed by the president of the state bar association; and

(20) one public member appointed by the governor who is a representative of a New Mexico victims' organization.

C. A majority of the members of the New Mexico sentencing commission constitutes a quorum for the transaction of commission business.

D. The New Mexico sentencing commission shall:

(1) hold meetings at times and for periods as the commission deems necessary;

(2) hire staff as needed to assist the commission in the performance of its duties;

(3) prepare an annual budget;

(4) establish policies for the operation of the commission and supervision of the activities of commission staff;

(5) advise the executive, judicial and legislative branches of government on policy matters relating to criminal and juvenile justice;

(6) make recommendations to the legislature concerning proposed changes to laws relating to the criminal and juvenile justice systems that the commission determines would improve those systems;

(7) annually assess, monitor and report to the legislature on the impact of any enacted sentencing standards and guidelines on state and local correctional resources and programs and the need for further sentencing reform;

(8) when developing proposed sentencing reform:

(a) study sentencing models in other jurisdictions;

(b) study the Criminal Sentencing Act, the Criminal Code and all other New Mexico statutes relating to criminal law, criminal sentencing, criminal procedure and probation and parole;

(c) review past studies or reports regarding proposed changes to the Children's Code, the Criminal Code, the Criminal Sentencing Act or other New Mexico statutes relating to criminal law, criminal sentencing, criminal procedure or probation and parole;

(d) study past and current criminal sentencing and release practices and create a statistical database for simulating the impact of various sentencing policies;

(e) study the full range of prison, nonprison and intermediate sanctions;

(f) determine the principal purpose for criminal sanctions;

(g) rank criminal offenses by degree of seriousness;

(h) determine the role of criminal history in making criminal sentencing decisions;

(i) define dispositional policy that determines when adult felony offenders are confined in state prisons and county jails or sentenced to nonprison and intermediate sanctions;

(j) establish the length of criminal sentences;

(k) establish the appropriate use of community service and fines;

(l) structure proposed sentencing guidelines to ensure consistency in all aspects of criminal sentencing policy;

(m) assess the impact of commission recommendations to modify criminal sentencing policy on the availability of and need for correctional resources and programs;

(n) use the expertise of a national or state organization with experience in sentencing reform; and

(o) present proposed legislation or recommendations regarding sentencing reform to the appropriate legislative interim committee;

(9) monitor any enacted sentencing guidelines with respect to uniformity and proportionality;

(10) conduct research relating to the use and effectiveness of any enacted guidelines, prosecution standards, offense charging, plea bargaining, sentencing practices, probation and parole practices and any other matters relating to the criminal justice system;

(11) serve as a clearinghouse for the systematic collection, analysis and dissemination of information relating to felony offense charges, plea agreements, convictions, sentences imposed, incarceration time actually served and actual and projected inmate population in the state correctional system;

(12) review all proposed legislation that creates a new criminal offense, changes the classification of an offense or changes the range of punishments for an offense and make recommendations to the legislature as to whether proposed changes would improve the criminal and juvenile justice system;

(13) contingent upon the availability of funding, provide impact estimates, incorporating prison population projections, on all proposed legislation that has the potential to affect correctional resources;

(14) coordinate reentry efforts for persons released from prison and detention centers, foster collaboration and communications among stakeholder groups working on reentry issues and establish minimum standards for reentry, including pre-release assessments, behavioral and physical health continuum of care, employment, housing and basic needs;

[(14)] (15) create and maintain a data-sharing network to receive, store, analyze and disseminate criminal justice data for and between participating criminal justice and behavioral health agencies for the purpose of evaluating local and statewide criminal justice systems and programs and supporting, encouraging and accomplishing information sharing among criminal justice agencies and criminal justice coordinating councils;

(16) create a public crime data dashboard in conjunction with the department of public safety pursuant to Section 29-3-11 NMSA 1978, to be hosted on the website of the New Mexico sentencing commission;

[(15)] (17) provide data analysis as requested by criminal justice agencies and criminal justice coordinating councils; and

[(16)] (18) promulgate rules governing the data-sharing network, data dashboard and data analysis pursuant to Paragraphs [(14)] (15), (16) and [(15)] (17) of this subsection. The rules shall include procedures to:

(a) fulfill any requirements related to data privacy, security and protection so that information access and sharing [is] are permitted for authorized purposes, as defined by law, court order or for business practices that are a necessary component of the requesting agency's duties and functions and [is] are compatible with the purpose and expectations of use under which the information was collected;

(b) guide participating agencies to ensure accuracy, completeness, currency and reliability of information reported to the data-sharing network and the data dashboard;

(c) allow data querying and reporting tools for those authorized users who want to perform statistical analysis of some of the data collected and retained;

(d) provide safeguards to actively monitor and record: 1) access and use of the network's and the data dashboard's services and systems; and 2) the nature of information exchanges using the network and the data dashboard; and

(e) identify and recognize authorized users who access the network and the data dashboard.

E. The members of the New Mexico sentencing commission shall be paid pursuant to the Per Diem and Mileage Act and shall receive no other perquisite, compensation or allowance.

F. The New Mexico sentencing commission is administratively attached to the office of the governor."

SECTION 3. A new section of the Department of Public Safety Act is enacted to read:

"[NEW MATERIAL] FORENSIC LABORATORY BUREAU FUND.--The "forensic laboratory bureau 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's forensic laboratory bureau to expand operations, increase efficiency and reduce delays in evidence processing. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety or the secretary's authorized representative."

SECTION 4. Section 21-22D-6 NMSA 1978 (being Laws 1995, Chapter 144, Section 21, as amended) is amended to read:

"21-22D-6. AWARD CRITERIA--CONTRACT TERMS--PAYMENT.--

A. Prior to receiving an award, the health professional shall file with the higher education department a declaration of intent to practice as a health professional in areas of New Mexico designated as underserved by the department. The department shall consult with the department of health when designating areas as underserved.

B. Award criteria shall provide that:

(1) amounts shall be dependent upon the location of the practice, the applicant's total health professional education indebtedness and characteristics of the practice;

(2) preference in making awards shall be to individuals who have graduated from a New Mexico post-secondary educational institution;

(3) recruitment awards shall be made to eligible participants who agree to relocate to an approved designated area;

(4) highest priority shall be given to participants in practices in which health profession vacancies are difficult to fill, practices that require after hours call at least every other night, [and] practices that have heavy obstetrical responsibilities and practices that provide behavioral health services to people who are incarcerated, returned from incarceration or supervised by the corrections department;

(5) award amounts may be modified based upon available funding or other special circumstances; and

(6) an award shall not exceed the total medical education indebtedness of any participant.

C. The following education debts are not eligible for repayment pursuant to the Health Professional Loan Repayment Act:

(1) amounts incurred as a result of participation in state loan-for-service programs or other state programs whose purpose states that service be provided in exchange for financial assistance;

(2) scholarships that have a service component or obligation;

(3) personal loans from friends or relatives; and

(4) loans that exceed individual standard school expense levels.

D. The loan repayment award shall be evidenced by a contract between the health professional and the department acting on behalf of the state. The contract shall provide for the payment by the state of a stated sum to the health professional's debtors and shall state the obligations of the health professional under the program, including a minimum three-year period of service, quarterly reporting requirements and other policies established by the department.

E. Recipients shall serve a complete year in order to receive credit for that year. The minimum credit for a year shall be established by the department.

F. If a health professional does not comply with the terms of the contract, the department shall assess a penalty of up to three times the amount of award disbursed plus eighteen percent interest, unless the department finds acceptable extenuating circumstances for why the health professional cannot serve or comply with the terms of the contract. If the department does not find acceptable extenuating circumstances for the health professional's failure to comply with the contract, the department shall require immediate repayment plus the amount of the penalty.

G. The department shall adopt [regulations] rules to implement the provisions of this section. The [regulations] rules may provide for the disbursement of loan repayment awards to the lenders of health professionals in annual or other periodic installments."

SECTION 5. Section 21-22F-5 NMSA 1978 (being Laws 2005, Chapter 83, Section 5, as amended) is amended to read:

"21-22F-5. LOAN REPAYMENT PROGRAM--PARTICIPANT ELIGIBILITY--AWARD CRITERIA.--

A. An applicant shall be licensed to practice in New Mexico as an attorney and shall declare an intent to practice as an attorney in public service employment.

B. Prior to submitting an application to the public service law loan repayment program, an applicant shall apply to all available legal education loan repayment programs offered by the applicant's law school for which the applicant qualifies.

C. Prior to receiving a loan repayment award, the applicant shall file with the department:

(1) a declaration of intent to practice as an attorney in public service employment;

(2) proof of prior application to all legal education loan repayment programs offered by the applicant's law school for which the applicant qualifies; and

(3) documentation that includes the applicant's total legal education debt, salary, any amounts received by the applicant from other law loan repayment programs and other sources of income deemed by the department as appropriate for consideration; provided that the applicant shall not be required to disclose amounts of income from military service.

D. Award criteria shall provide that:

(1) preference in making awards shall be to applicants who:

(a) have graduated from the university of New Mexico law school;

(b) have the greatest financial need based on legal education indebtedness and salary;

(d) work in public service employment in underserved areas of New Mexico that are in greatest need of attorneys practicing in public service employment; and

(e) work for a public defender's office or district attorney's office in the state;

(2) an applicant's employment as an attorney in public service employment prior to participation in the public service law loan repayment program shall not count as time spent toward the minimum three-year period of service requirement pursuant to the contract between the participating attorney and the department acting on behalf of the state;

(3) award amounts are dependent upon the applicant's total legal education debt, salary and sources of income other than income from military service deemed by the department as appropriate for consideration;

(4) award amounts may be modified based upon available funding or other special circumstances;

(5) an award shall not exceed the total legal education debt of any participant;

(6) award amounts shall be reduced by the sum of the total award amounts received by the participant from other legal education loan repayment programs; and

(7) an award determination may be appealed to the secretary of higher education.

E. The following legal education debts are not eligible for repayment pursuant to the Public Service Law Loan Repayment Act:

(1) amounts incurred as a result of participation in state or law school loan-for-service programs or other state or law school programs whose purposes state that service be provided in exchange for financial assistance;

(2) scholarships that have a service component or obligation;

(3) personal loans from relatives or friends; and

(4) loans that exceed individual standard school expense levels."

SECTION 6. Section 21-22F-6 NMSA 1978 (being Laws 2005, Chapter 83, Section 6) is amended to read:

"21-22F-6. LOAN REPAYMENT CONTRACT TERMS--PAYMENT.--

A. The loan repayment award shall be evidenced by a contract between the participating attorney and the [commission] department acting on behalf of the state. The contract shall state the amount of the award and the obligations of the participating attorney under the public service law loan repayment program, including a minimum three-year period of service, quarterly reporting requirements and other policies established by the [commission] department.

B. A participating attorney shall serve a complete year in order to receive credit for that year. The minimum credit for a year shall be established by the [commission] department. The maximum credit for a year shall not exceed [seven thousand two hundred dollars ($7,200)] twelve thousand dollars ($12,000).

C. If a participating attorney does not comply with the terms of the contract, the [commission] department shall require immediate repayment of the award plus eighteen percent interest and may assess a penalty of up to three times the amount of award disbursed, unless the [commission] department finds acceptable extenuating circumstances for why the participating attorney cannot serve or comply with the terms of the contract. If the [commission] department does not find acceptable extenuating circumstances for the participating attorney's failure to comply with the contract, the [commission] department shall require immediate repayment of the award plus the amount of the penalty.

D. The [commission] department, in consultation with the committee, shall adopt rules to implement the provisions of this section. The rules may provide for the disbursement of loan repayment awards in annual or other periodic installments."

SECTION 7. Section 24-1-5.11 NMSA 1978 (being Laws 2023, Chapter 49, Section 1) is amended to read:

"24-1-5.11. MEDICATION-ASSISTED TREATMENT FOR THE INCARCERATED PROGRAM FUND--CREATED.--

A. The "medication-assisted treatment for the incarcerated program fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The [human services department] health care authority shall administer the fund, and money in the fund is appropriated to the [human services department] health care authority to assist all counties that operate correctional facilities to establish and operate medication-assisted treatment programs for people who are incarcerated in county correctional facilities. Disbursements from the fund shall be made by warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of [human services] health care authority.

B. No later than December 1, [2023] 2025, the [human services department] health care authority shall promulgate rules for the operation of medication-assisted treatment programs in correctional facilities in consultation with the corrections department, county corrections administrators and providers who specialize in substance use disorder treatment and have experience working in corrections settings.

C. Beginning October 1, 2023 and annually thereafter, the [human services department] health care authority and the corrections department shall report to the interim legislative health and human services committee and the legislative finance committee on the establishment and operation of medication-assisted treatment programs in correctional facilities.

D. The corrections department shall:

(1) expand and continue to operate currently existing medication-assisted treatment programs for people who are incarcerated in a state correctional facility;

(2) by December 31, 2025, establish and operate a medication-assisted treatment program to continue

medication-assisted treatment for incarcerated people with a prescription who are booked into a state correctional facility; [and]

(3) by the end of fiscal year 2026, offer medication-assisted treatment to all people who are incarcerated in state correctional facilities and in need of medication-assisted treatment;

(4) by December 31, 2026, establish and operate a medication-assisted treatment program to continue medication-assisted treatment for incarcerated people with a prescription who are booked into a correctional facility;

(5) by the end of fiscal year 2027, offer medication-assisted treatment to all people who are incarcerated in correctional facilities and in need of medication-assisted treatment;

(6) by December 31, 2025 for state correctional facilities and by December 31, 2026 for county detention facilities, develop, implement and publish a policy that describes the provision of medication-assisted treatment;

(7) by December 31, 2025 for state correctional facilities and by December 31, 2026 for county detention facilities, provide all medications approved by the federal food and drug administration for the treatment of a substance use disorder and withdrawal management to ensure that each program participant receives the medication identified to be the most effective at treating and meeting individual needs; and

(8) by December 31, 2026, ensure a continuum of behavioral health care between county detention facilities and the corrections department, including the continuation of any medication-assisted treatment medications.

E. Each correctional facility shall track and report data on medication-assisted treatment utilization to the health care authority, including the:

(1) number of individuals screened for medication-assisted treatment;

(2) number of individuals receiving medication-assisted treatment;

(3) demographic information of a person receiving medication-assisted treatment;

(4) type of medication;

(5) duration of the treatment; and

(6) status of the medication-assisted treatment at release, including if a prescription was provided at release and the person was connected to a community base care.

F. A correctional facility that is not in compliance with the health care authority rules for the operation of medication-assisted treatment programs in a correctional setting pursuant to Subsection D of this section shall submit a report to the interim committee that studies courts, corrections and justice describing the barriers to offering the services and what resources are necessary to provide medication-assisted treatment.

[E.] G. As used in this section:

(1) "correctional facility" means a [prison or other detention facility] county detention facility or state prison, whether operated by a government or private contractor, that is used for confinement of adult persons who are charged with or convicted of a violation of a law or an ordinance; and

(2) "medication-assisted treatment" means the use of federal food and drug administration-approved prescription drugs for the treatment of substance use disorder."

SECTION 8. Section 24-1D-2 NMSA 1978 (being Laws 1994, Chapter 63, Section 2, as amended) is amended to read:

"24-1D-2. DEFINITIONS.--As used in the Health Service Corps Act:

A. "corps" means the New Mexico health service corps;

B. "department" means the department of health;

C. "health professional" means a physician, physician assistant, nurse practitioner, nurse-midwife, emergency medical technician-paramedic, dentist, [or] dental hygienist, licensed clinical social worker or licensed counselor;

D. "physician" means a medical doctor or doctor of osteopathic medicine;

E. "physician assistant" means a physician assistant or osteopathic physician assistant; and

F. "practice site" means a public health clinic or public or private nonprofit primary care clinic that is located in a state-designated medically underserved area or that serves a high-needs population and that uses a sliding fee scale approved by the department."

SECTION 9. Section 24-25-3 NMSA 1978 (being Laws 2004, Chapter 48, Section 3, as amended) is amended to read:

"24-25-3. DEFINITIONS.--As used in the New Mexico Telehealth Act:

A. "health care provider" means a person licensed to provide health care to patients in New Mexico, including:

(1) an optometrist;

(2) a chiropractic physician;

(3) a dentist;

(4) a physician;

(5) a [podiatrist] podiatric physician;

(6) an osteopathic physician;

(7) a physician assistant;

(8) a certified nurse practitioner;

(9) a physical therapist;

(10) an occupational therapist;

(11) a speech-language pathologist;

(12) a doctor of oriental medicine;

(13) a nutritionist;

(14) a psychologist;

(15) a certified nurse-midwife;

(16) a clinical nurse specialist;

(17) a registered nurse;

(18) a dental hygienist;

(19) a pharmacist;

(20) a licensed independent social worker;

(21) a licensed counselor;

(22) a community health representative; or

(23) a licensed athletic trainer;

B. "originating site" means a place where a patient may receive health care via telehealth. An originating site may include:

(1) a licensed inpatient center;

(2) an ambulatory surgical or treatment center;

(3) a skilled nursing center;

(4) a residential treatment center;

(5) a home health agency;

(6) a diagnostic laboratory or imaging center;

(7) an assisted living center;

(8) a school-based health program;

(9) a mobile clinic;

(10) a mental health clinic;

(11) a rehabilitation or other therapeutic health setting;

(12) the patient's residence;

(13) a federally qualified health center; [or]

(14) a community health center; [and] or

(15) a crisis triage center; and

C. "telehealth" means the use of electronic information, imaging and communication technologies, including interactive audio, video, data communications as well as store-and-forward technologies, to provide and support health care delivery, diagnosis, consultation, treatment, transfer of medical data and education."

SECTION 10. Section 29-3-11 NMSA 1978 (being Laws 2007, Chapter 37, Section 1, as amended) is amended to read:

"29-3-11. UNIFORM CRIME REPORTING SYSTEM ESTABLISHED-- DUTIES OF DEPARTMENT.--

A. The department of public safety shall develop, operate and maintain a uniform crime reporting system and shall be the central repository for the collection, storage, retrieval and analysis of crime incident and arrest reports generated by all law enforcement agencies in this state. The system shall be operational as of January 1, 2008.

B. The department shall:

(1) compile statistical data and forward such data as required to the federal bureau of investigation or the appropriate United States department of justice agency in accordance with standards and procedures of the national system;

(2) provide data collected and stored in the central repository to the New Mexico sentencing commission to populate a publicly accessible statewide data dashboard pursuant to Section 9-3-10 NMSA 1978;

[(2)] (3) provide forms, standards and procedures and related training to state and local law enforcement agencies as necessary for the agencies to report incident and arrest activity for inclusion in the statewide system;

[(3)] (4) in conjunction with the New Mexico sentencing commission, annually publish a report on the nature and extent of crime in New Mexico and submit the report to the governor and to the legislature;

[(4)] (5) maintain the privacy and security of information in accordance with applicable state and federal laws;

[(5)] (6) provide the New Mexico sentencing commission access to the data collected and maintained by the department; and

[(6)] (7) establish rules as necessary to implement the provisions of this section.

C. Every law enforcement agency in the state shall:

(1) submit crime incident reports to the department of public safety on forms or in the format prescribed by the department;

(2) submit any other crime incident information as may be required by the department of public safety; and

(3) use the unique code assigned to the crime from the master charge code table distributed by the New Mexico justice information sharing council for the automated fingerprint identification system and use uniform crime incident reporting as provided by the department for all incidents and arrests.

D. The annual report and other statistical data reports generated by the department shall be made available to state and local law enforcement agencies, the administrative office of the courts and the general public."

SECTION 11. Section 29-7-7 NMSA 1978 (being Laws 1981, Chapter 114, Section 6, as amended) is amended to read:

"29-7-7. DEFINITIONS.--For the purpose of the Law Enforcement Training Act:

A. "academy" means the New Mexico law enforcement academy;

B. "basic law enforcement training" means a course consisting of not less than four hundred hours of instruction in basic law enforcement training as required by the Law Enforcement Training Act;

C. "board" means the law enforcement certification board;

D. "conviction" means an adjudication of guilt or a plea of no contest and includes convictions that are suspended or deferred;

E. "council" means the New Mexico law enforcement standards and training council;

F. "county detention officer" means an employee of a local jail who has inmate custodial responsibilities;

[F.] G. "director" means the director of the division;

[G.] H. "division" means the New Mexico law enforcement academy of the department of public safety;

[H.] I. "in-service law enforcement training" means a course of instruction required of all certified peace officers and designed to train and equip all police officers in the state with specific law enforcement skills and to ensure the continuing development of all police officers in the state. The training and instruction shall be kept current and may be conducted on a regional basis at the discretion of the director;

[I.] J. "law enforcement agency" means an agency of the state or local political subdivision of the state that employs certified law enforcement officers or the police department of a tribe that has entered into an agreement with the department of public safety pursuant to Section 29-1-11 NMSA 1978;

[J.] K. "police officer" means any commissioned employee of a law enforcement agency that is part of or administered by the state or any political subdivision of the state, and includes any employee of a missile range civilian police department who is a graduate of a recognized certified regional law enforcement training facility and who is currently certifiable by the academy, which employee is responsible for the prevention and detection of crime or the enforcement of the penal, or traffic or highway laws of this state. The term specifically includes deputy sheriffs. Sheriffs are eligible to attend the academy and are eligible to receive certification as provided in the Law Enforcement Training Act. As used in this subsection, "commissioned" means an employee of a law enforcement agency who is authorized by a sheriff or chief of police to apprehend, arrest and bring before the court all violators within the law enforcement agency's jurisdiction; and

[K.] L. "certified regional law enforcement training facility" means a law enforcement training facility within the state certified by the director, with the approval of the academy's board of directors, that offers basic law enforcement training and in-service law enforcement training that is comparable to or exceeds the standards of the programs of the academy."

SECTION 12. A new section of the Law Enforcement Training Act is enacted to read:

"[NEW MATERIAL] COUNTY DETENTION OFFICER--TRAINING REQUIREMENTS.--

A. In collaboration with the training academy division of the corrections department, the director shall create a training program for a county detention officer, subject to review and approval by the jail administrator.

B. A county detention officer is eligible to attend the academy and receive certification upon successful completion of the program.

C. Per diem, mileage and tuition expenses of a county detention officer shall be paid for by the detention and corrections workforce capacity building fund for attending and completing the training.

D. As used in Subsection A of this section, "jail administrator" means the person hired by a county or municipality or a combination of these who supervises the entire operation of the jail and reports directly to the administrative head of the local governmental entity or local governing body."

SECTION 13. Section 29-7-7.5 NMSA 1978 (being Laws 2011, Chapter 180, Section 1) is amended to read:

"29-7-7.5. INTERACTION WITH PERSONS [WITH MENTAL IMPAIRMENTS] IN CRISIS--TRAINING.--

A. A minimum of forty hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons [with mental impairments] in crisis training, shall be included in the curriculum of each basic law enforcement training class.

B. A minimum of [two] eight hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons [with mental impairments] in crisis training, shall be included as a component of in-service law enforcement training pursuant to Section 29-7-7.1 NMSA 1978.

C. A pre-recorded course on crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons [with mental impairments] in crisis training, shall not satisfy the requirements of the basic law enforcement training class required pursuant to Subsection A of this section.

D. As used in this section, "[mental impairment] crisis" includes a mental illness, developmental disability, posttraumatic stress disorder, dual diagnosis, autism spectrum disorder, substance use disorder, youth in crisis and traumatic brain injury or a co-occurring disorder."

SECTION 14. Section 31-1-2 NMSA 1978 (being Laws 1972, Chapter 71, Section 5, as amended) is amended to read:

"31-1-2. DEFINITIONS.--Unless a specific meaning is given, as used in the Criminal Procedure Act:

A. "accused" means any person charged with the violation of any law of this state imposing a criminal penalty;

B. "bail bond" is a contract between surety and the state to the effect that the accused and the surety will appear in court when required and will comply with all conditions of the bond;

C. "defendant" means any person accused of a violation of any law of this state imposing a criminal penalty;

D. "felony" means any crime so designated by law or if upon conviction thereof a sentence of death or of imprisonment for a term of one year or more is authorized;

E. "person", unless a contrary intention appears, means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity;

F. "police officer", "law enforcement officer", "peace officer" or "officer" means any full-time salaried or certified part-time salaried officer who by virtue of office or public employment is vested by law with the duty to maintain the public peace;

G. "recognizance" means any obligation of record entered into before a court requiring the accused to appear at all appropriate times or forfeit any bail and be subject to criminal penalty for failure to appear;

H. "release on personal recognizance" or "release on own recognizance" means the release of a defendant without bail, bail bond or sureties upon the defendant's promise to appear at all appropriate times;

I. "rules of civil procedure" means rules of civil procedure for the district courts of the state of New Mexico, as may be amended from time to time;

J. "rules of criminal procedure" means rules of criminal procedure for the district courts, magistrate courts and municipal courts adopted by the New Mexico supreme court, as may be amended from time to time;

K. "misdemeanor" means any offense for which the authorized penalty upon conviction is imprisonment in excess of six months but less than one year; [and]

L. "petty misdemeanor" means any offense so designated by law or if upon conviction a sentence of imprisonment for six months or less is authorized;

M. "mental illness" means a clinically significant disorder of thought, mood, perception, orientation, memory or behavior that limits the capacity of a person to function in the primary aspects of daily living, including personal relations, living arrangements, employment and recreation. "Mental illness" does not include other mental disorders that result in diminished capacity, including epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or other substances or dependence upon or addiction to alcohol or other substances;

N. "substance use disorder" means a spectrum of persistent and recurring problematic behaviors that encompasses various classes of drugs, alcohol and other unknown substances leading to clinically significant disorder or distress;

O. "person in crisis" means a person with mental illness or substance use disorder who is experiencing a behavioral health crisis;

P. "behavioral health crisis" means a significant disruption of mental or emotional stability or functioning of a person resulting in an urgent need for immediate assessment and treatment to prevent a serious deterioration in the mental or physical health of a person;

Q. "law enforcement deflection program" means a collaborative program between law enforcement agencies and behavioral health entities that assists individuals who may have a mental illness, substance use disorder, another behavioral health disorder or co-occurring disorders to create community-based pathways to treatment, recovery support services, housing, case management or other services in lieu of arrest;

R. "treatment" means the broad range of emergency, outpatient and residential care that may be extended to a person with a substance use disorder, mental illness or co-occurring disorders;

S. "mental health professional" means a person licensed to provide mental health care to patients in the state of New Mexico; and

T. "validated risk and needs assessment" means an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior."

SECTION 15. A new section of the Criminal Procedure Act is enacted to read:

"[NEW MATERIAL] LAW ENFORCEMENT DEFLECTION PROGRAM--AUTHORITY AND PROGRAM REQUIREMENTS.--

A. Any law enforcement agency, first responder entity or local government may establish a law enforcement deflection program pursuant to the provisions of this section, in partnership with one or more licensed providers of behavioral health services or substance use disorder treatment services. The law enforcement deflection program shall be funded by state and federal grants awarded to counties and federally recognized tribal governments.

B. A partnership shall include at a minimum a law enforcement agency, a community-based treatment program and a behavioral health agency licensed by the state of New Mexico. Partners may also included a treatment provider, district attorney, tribal government, peer support organization, court or local government body.

C. Each law enforcement deflection program established pursuant to this section shall include:

(1) participant identification, screening or assessment;

(2) case management and treatment facilitation;

(3) participant follow-up; and

(4) training for law enforcement, peace officers, first responders and treatment providers.

D. Each law enforcement deflection program shall track and report known data, including:

(1) the number of program participants;

(2) demographic information on participants;

(3) the number of law enforcement encounters that result in a treatment referral;

(4) law enforcement encounters that result in a treatment referral;

(5) the rate of treatment engagement within thirty days of initial contact;

(6) the duration of treatment involvement; and

(7) the number of subsequent law enforcement encounters for individuals referred to treatment."

SECTION 16. A new section of the Criminal Procedure Act is enacted to read:

"[NEW MATERIAL] ENCOUNTER OF A PERSON IN CRISIS.--

A. If a law enforcement officer or qualified mental health professional has probable cause to believe that an individual is experiencing a behavioral health crisis and requires nonmedical intervention, the law enforcement officer may resolve the intervention without charges on a voluntary basis by transferring the individual to:

(1) a state licensed community treatment provider, a hospital, a certified community behavioral clinic, a crisis triage center, an approved treatment facility offering detoxification services for chemical dependency emergencies, an emergency department or other approved treatment provider that specializes in behavioral health responses;

(2) a crisis-intervention-team-certified law enforcement officer or a member of a mobile crisis team; or

(3) a public or private community service that the person is willing to accept.

B. Each law enforcement agency in the state shall establish a policy and procedure for interacting with a person in crisis, including policies and procedures regarding the transfer of a person in crisis to a hospital, clinic or community treatment provider and subsequent steps for wraparound care.

C. The department of public safety, in collaboration with the New Mexico law enforcement academy, shall establish guidelines and a training program to assist law enforcement agencies in implementing policies and procedures into the training program pursuant to Section 29-7-7.5 NMSA 1978.

D. As used in Subsection A of this section, "nonmedical intervention" means a person alleged to be severely mentally ill or experiencing a chemical dependency emergency and in such condition that immediate intervention is necessary for the protection from physical harm to self or others."

SECTION 17. Section 31-16A-4 NMSA 1978 (being Laws 1981, Chapter 33, Section 4, as amended) is amended to read:

"31-16A-4. ELIGIBILITY.--

A. A defendant shall meet the following minimum criteria to be eligible for a preprosecution diversion program:

[(1) the defendant shall have no prior felony convictions for a violent crime;

(2)] (1) the defendant is willing to participate in the program and submit to all program requirements; and

[(3)] (2) any additional criteria set by the district attorney.

B. The district attorney shall consider the following factors to determine eligibility for a preprosecution diversion program:

(1) whether the state of New Mexico has or is likely to have sufficient evidence to achieve conviction;

(2) the nature of the offense;

(3) whether the accused will benefit from a preprosecution diversion program;

(4) whether available programs are appropriate to the needs of the defendant;

(5) whether the services for the defendant are more readily available from the community;

(6) whether the defendant constitutes a substantial danger to others; and

(7) mitigating or aggravating circumstances.

[B.] C. A person who meets all of the criteria pursuant to Subsection A of this section may be entered into the preprosecution diversion program; provided that the district attorney may elect not to divert a person to the preprosecution diversion program even though that person meets the minimum criteria set forth in this section.

[C.] D. A decision by the district attorney not to divert a person to the preprosecution diversion program is not subject to appeal and shall not be raised as a defense to any prosecution or habitual offender proceeding."

SECTION 18. A new section of Chapter 31, Article 20 NMSA 1978 is enacted to read:

"[NEW MATERIAL] TREATMENT COURT DIVERSION.--

A. Each district court may establish a treatment court program, including a drug court, mental health court or other treatment-based court diversion program, in accordance with the administrative office of the courts and the provisions of this section. Each district court operating a treatment court program shall establish its own eligibility criteria and guidelines for the program.

B. Participation in the treatment court program may occur at the request of the district attorney or presiding judge any time prior to adjudication or following adjudication by suspended or deferred sentence by either:

(1) entering an order deferring the imposition of sentence;

(2) sentencing the defendant and enter an order suspending in whole or in part the execution of the sentence; or

(3) committing the convicted person, if convicted of a felony and not committed for diagnostic purposes within the twelve-month period immediately preceding that conviction, to the corrections department for an indeterminate period not to exceed sixty days for purposes of diagnosis, with direction that the court be given a report when the diagnosis is complete as to what disposition appears best when the interests of the public and the individual are evaluated.

C. If participation in the treatment court program occurs prior to adjudication and the defendant abides by the conditions of the program:

(1) the court shall dismiss the case; or

(2) the defendant may be terminated from the program. If the defendant is terminated, the participant shall have the case placed on the calendar in the judicial district from which the case originated and the statute of limitations shall be tolled the entire period the defendant was participating in the program.

D. If participation in the treatment court program occurs following adjudication pursuant to Section 31-20-3 NMSA 1978, and the participant abides by all the conditions of the program, the court may:

(1) dismiss the case and seal the file;

(2) reduce the conviction to a lesser and included charge; or

(3) terminate probation pursuant to Section 31-20-8 NMSA 1978.

E. If participation in the treatment court program occurs following adjudication pursuant to Section 31-20-3 NMSA 1978 and the participant fails to abide by the program conditions, the participant shall be subject to a violation of probation as provided in Section 31-21-14 or 31-21-15 NMSA 1978 and shall reappear before the participant's original sentencing judge."

SECTION 19. Section 31-20-5 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-17, as amended) is amended to read:

"31-20-5. PLACING DEFENDANT ON PROBATION.--

A. When a person has been convicted of a crime for which a sentence of imprisonment is authorized and when the magistrate, metropolitan or district court has deferred or suspended sentence, it shall order the defendant to be placed on probation for all or some portion of the period of deferment or suspension if the defendant is in need of supervision, guidance or direction that is feasible for the corrections department to furnish. Except for sex offenders as provided in Section 31-20-5.2 NMSA 1978, the total period of probation for district court shall not exceed five years and the total period of probation for the magistrate or metropolitan courts shall be no longer than the maximum allowable incarceration time for the offense or as otherwise provided by law.

B. The magistrate, metropolitan or district court shall impose standard probation conditions to a defendant under supervision that are necessary to maintain public safety, including to:

(1) refrain from unlawful conduct;

(2) not possess, buy, sell or own a firearm, ammunition or other dangerous weapon;

(3) report to a probation officer as required and permit the officer to visit the home of the defendant; and

(4) remain in the jurisdiction of the magistrate, metropolitan or district court, unless with the permission of the probation officer.

C. The magistrate, metropolitan or district court may impose any special conditions necessary to the successful rehabilitation of the defendant on supervision pursuant to the results of a validated risk and needs assessment administered and scored by a person trained in the tool that the corrections department uses to establish level of supervision and individual case plans. After administering the validated risk and needs assessment, the probation officer responsible for the supervision of the defendant shall notify the magistrate, metropolitan or district court of a necessary special condition responding to the assessment. The magistrate, metropolitan or district court shall modify the conditions of supervision and impose the necessary special conditions pursuant to this section.

D. The validated risk and needs assessment required under this section shall undergo periodic validation studies in accordance with the time line established by the developer of the tool. The corrections department shall establish quality assurance procedures to ensure proper and consistent scoring of the validated risk and needs assessment as well as training for a person administering the tool.

[B.] E. If a defendant is required to serve a period of probation subsequent to a period of incarceration:

(1) the period of probation shall be served subsequent to any required period of parole, with the time served on parole credited as time served on the period of probation and the conditions of probation imposed by the court deemed as additional conditions of parole; and

(2) in the event that the defendant violates any condition of that parole, the parole board shall cause [him] the defendant to be brought before it pursuant to the provisions of Section 31-21-14 NMSA 1978 and may make any disposition authorized pursuant to that section and, if parole is revoked, the period of parole served in the custody of a correctional facility shall not be credited as time served on probation."

SECTION 20. Section 31-20-6 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-18, as amended) is amended to read:

"31-20-6. CONDITIONS OF ORDER DEFERRING OR SUSPENDING SENTENCE.--The magistrate, metropolitan or district court shall attach to its order deferring or suspending sentence reasonable conditions as it may deem necessary to ensure that the defendant will observe the laws of the United States and the various states and the ordinances of any municipality. The defendant upon conviction shall be required to reimburse a law enforcement agency or local crime stopper program for the amount of any reward paid by the agency or program for information leading to the defendant's arrest, prosecution or conviction, but in no event shall reimbursement to the crime stopper program preempt restitution to victims pursuant to the provisions of Section 31-17-1 NMSA 1978. The defendant upon conviction shall be required to pay the actual costs of the defendant's supervised probation service to the adult probation and parole division of the corrections department or appropriate responsible agency for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant's payment of the supervised probation costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded. The court may also require the defendant to:

A. provide for the support of persons for whose support the defendant is legally responsible;

B. undergo available medical or psychiatric treatment and enter and remain in a specified institution when required for that purpose;

C. be placed on probation under the supervision, guidance or direction of the adult probation and parole division for a term not to exceed five years;

D. serve a period of time in volunteer labor to be known as "community service". The type of labor and period of service shall be at the sole discretion of the court; provided that a person receiving community service shall be immune from any civil liability other than gross negligence arising out of the community service, and a person who performs community service pursuant to court order or a criminal diversion program shall not be entitled to wages, shall not be considered an employee and shall not be entitled to workers' compensation, unemployment benefits or any other benefits otherwise provided by law. As used in this subsection, "community service" means labor that benefits the public at large or a public, charitable or educational entity or institution;

E. make a contribution of not less than ten dollars ($10.00) and not more than one hundred dollars ($100), to be paid in monthly installments of not less than five dollars ($5.00), to a local crime stopper program, a local domestic violence prevention or treatment program or a local drug abuse resistance education program that operates in the territorial jurisdiction of the court; [and]

F. participate and complete to the satisfaction of the court an alternative program, treatment or activity deemed appropriate by the court, including a treatment court program; and

[F.] G. satisfy any other conditions reasonably related to the defendant's rehabilitation."

SECTION 21. Section 31-20-13 NMSA 1978 (being Laws 1993, Chapter 283, Section 2, as amended) is amended to read:

"31-20-13. CONDITIONAL DISCHARGE ORDER--EXCEPTION.--

A. When a person who has not been previously convicted of a felony offense is found guilty of a crime for which a deferred or suspended sentence is authorized, the court may, without entering an adjudication of guilt, enter a conditional discharge order and place the person on probation on terms and conditions authorized by Sections 31-20-5 and

31-20-6 NMSA 1978. A conditional discharge order may only be made available once with respect to any person.

B. If the person violates any of the conditions of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.

C. The court shall not enter a conditional discharge order for a person found guilty of driving a motor vehicle while under the influence of intoxicating liquor or drugs pursuant to the provisions of Section 66-8-102 NMSA 1978, unless five years or more have elapsed since the date of conviction for driving a motor vehicle while under the influence of intoxicating liquor or a drug offense."

SECTION 22. Section 31-21-9 NMSA 1978 (being Laws 1972, Chapter 71, Section 17) is amended to read:

"31-21-9. PRESENTENCE AND PRERELEASE INVESTIGATIONS.--

A. Upon the order of any district, metropolitan or magistrate court, the director shall prepare a presentence report [which] that shall include such information as the court may request.

B. Upon the order of any district court, the director shall prepare a prerelease report [which] that the court shall use to determine the accused's qualifications for bail. The report shall include available information about the accused's family ties, employment, financial resources, character, physical and mental condition, the length of [his] residence in the community, [his] record of convictions, [his] record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings and any history of drug or alcohol abuse.

C. All local and state law enforcement agencies shall furnish to the director any requested criminal records.

D. Upon the order of a district, metropolitan or magistrate court, the director shall prepare a presentence or prerelease report containing the results of an evaluation or assessment conducted pursuant to Sections 31-21-3 through 31-21-19 and 31-21-21 NMSA 1978 or a validated risk and needs assessment used to make decisions regarding treatment, program eligibility, facility placement or level of supervision."

SECTION 23. Section 31-21-21 NMSA 1978 (being Laws 1963, Chapter 301, Section 17) is amended to read:

"31-21-21. CONDITIONS OF PROBATION--DUAL SUPERVISION.--

A. If a person has a term of probation following the release from prison, the board, in consultation with the director, shall adopt general [regulations] rules concerning the conditions of probation [which] that apply in the absence of specific conditions imposed by the court. All probationers are subject to supervision of the board unless otherwise specifically ordered by the court in the particular case. Nothing in the Probation and Parole Act limits the authority of the court to impose or modify any general or specific condition of probation. The board may recommend and by order the court may impose and modify any conditions of probation. The court shall transmit to the board and to the probationer a copy of any order.

B. The board, in consultation with the director, may impose a special condition necessary to the successful rehabilitation of the person and may follow the validated risk and needs assessment procedure."

SECTION 24. Section 31-30-4 NMSA 1978 (being Laws 2022, Chapter 56, Section 41) is amended to read:

"31-30-4. VIOLENCE INTERVENTION PROGRAM REQUIREMENTS.--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 assaults;

C. target a population that is at high risk for victimization or retaliation that results from gun violence or aggravated assault through engaging in the cycles of violence in the community;

D. use data-driven methods for program development; [and]

E. use program funding in a manner that is directly related to the reduction of gun violence and aggravated assaults;

F. use crime mapping to utilize crime data to interrupt and deter violence by identifying and targeting a person, group and locations where violence is concentrated;

G. partner with the crime victims reparation commission to identify opportunities to better support victims of violence and ensure the privacy of victims and survivors; and

H. comply with all reporting requirements pursuant to Section 29-3-11 NMSA 1978 and Paragraph (16) of Subsection D of Section 9-3-10 NMSA 1978."

SECTION 25. Section 31-30-9 NMSA 1978 (being Laws 2022, Chapter 56, Section 46) is amended to read:

"31-30-9. REPORTS.--

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 department for the previous fiscal year, including relevant data as required by department rules.

B. Each year through [2027] 2030, the department and the commission shall report to the legislature by December 1 regarding the awards and outcomes of each grantee."

SECTION 26. Section 34-13-2 NMSA 1978 (being Laws 1993, Chapter 273, Section 2, as amended) is amended to read:

"34-13-2. COURT EDUCATION SERVICES DIVISION--PURPOSE.--The court education services division of the administrative office of the courts shall provide judicial education, training and instruction for the justices, judges, magistrates and court personnel of the state, municipalities and counties and may provide such education for tribal judges. The training shall include continuing education on substance use disorders, mental health conditions and co-occurring disorders upon assuming office or employment and quadrennially thereafter."

SECTION 27. [NEW MATERIAL] JAIL REENTRY FUND.--The "jail reentry fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The health care authority shall administer the fund, and money in the fund is appropriated to the health care authority to assist all counties that operate correctional facilities to access the reach, intervene, support and engage program to support successful reentry for a person released from jail. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of health care authority or the secretary's authorized representative."

SECTION 28. [NEW MATERIAL] CLINICAL SUPERVISION FUND.--The "clinical supervision fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The regulation and licensing department shall administer the fund, and money in the fund is appropriated to the regulation and licensing department to subsidize the cost of clinical supervision provided by behavioral health providers. To be eligible for clinical supervision reimbursement, a behavioral health provider must be fully licensed and in good standing with all state obligations, include medicaid as an accepted insurer and accept justice-involved clients. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the superintendent of regulation and licensing or the superintendent's authorized representative."

SECTION 29. TEMPORARY PROVISION--CREATION OF A STATEWIDE SYSTEM OF COMMUNITY-BASED TREATMENT.--

A. As used in this section:

(1) "administration" means the behavioral health services division of the health care authority operating under the health care authority;

(2) "community-based crisis treatment system" means a statewide system of community-based treatment programs for individuals in crisis that provides services as alternatives to institutionalization and in the least restrictive setting;

(3) "director" means the director of the administration; and

(4) "individual in crisis" means a person with a mental illness or substance use disorder who is experiencing a behavioral health crisis.

B. The director shall establish a statewide plan for a community-based crisis treatment system. The plan shall provide a wide range of programs and services as alternatives to inpatient residential care.

C. The statewide plan shall include the following elements:

(1) a description of the current programs and service delivery mechanisms in each county that provides services to individuals in crisis;

(2) identification of areas within the state where multiple jurisdictions could share resources using intergovernmental contracts;

(3) tools for local officials to help implement mobile crisis teams and virtual crisis care services to meet the needs of their population, including:

(a) guidelines for sharing funding and resources using intergovernmental contracts; and

(b) assessment of existing barriers for rural counties;

(4) goals, objectives and priorities for the delivery of crisis services across the state and methods to evaluate their effectiveness;

(5) cooperative agreements with counties to develop and maintain a coordinated system for delivery of residential and outpatient care;

(6) methods for regularly estimating the need for community-based crisis treatment services annually and for allocating state money according to that need;

(7) procedures to allow for necessary information sharing and communication among a crisis and emergency response systems for the purpose of real-time crisis care coordination, including deployment of crisis and outgoing services, follow-up care and linked, flexible services specific to crisis response; and

(8) assessment of federal funding sources for the purposes of crisis response and establishment of processes to seek out such funding to supplement state funding for crisis response in New Mexico.

D. The director may establish rules as are necessary for the implementation pursuant to the provisions of this section.

E. By June 30, 2026, the director shall submit the plan and associated rules to the interim legislative health and human services committee and legislative finance committee."

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