SB0050

SENATE BILL 50

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

INTRODUCED BY

Antonio Maestas and Cynthia Borrego

AN ACT

RELATING TO LAW ENFORCEMENT; ADDING TELECOMMUNICATORS TO THE LAW ENFORCEMENT RETENTION FUND; CHANGING AND ADDING DEFINITIONS IN THE LAW ENFORCEMENT TRAINING ACT; CONSOLIDATING TRAINING WITHIN THE LAW ENFORCEMENT TRAINING ACT; PROVIDING ADDITIONAL DEFINITIONS; PROVIDING THE NEW MEXICO LAW ENFORCEMENT STANDARDS AND TRAINING COUNCIL WITH ADDITIONAL RESPONSIBILITIES; UPDATING THE MEMBERS OF THE NEW MEXICO LAW ENFORCEMENT STANDARDS AND TRAINING COUNCIL; REMOVING THE REQUIREMENT FOR CONSENT OF THE SENATE FOR CERTAIN APPOINTEES; CHANGING THE TERM "LAW ENFORCEMENT OFFICER" TO "POLICE OFFICER" IN THE LAW ENFORCEMENT TRAINING ACT; PROVIDING A DEFINITION FOR "SAFETY AGENCY"; PROVIDING A DEFINITION FOR "TELECOMMUNICATORS"; PROVIDING FOR ADDITIONAL FUNDING TO SATELLITE ACADEMIES; PROVIDING AN ACCREDITATION REQUIREMENT TO THE NEW MEXICO LAW ENFORCEMENT ACADEMY AND SATELLITE ACADEMIES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING APPROPRIATIONS.

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

SECTION 1. Section 9-19-14 NMSA 1978 (being Laws 2022, Chapter 56, Section 36, as amended) is amended to read:

"9-19-14. LAW ENFORCEMENT RETENTION FUND--CREATED--RETENTION DIFFERENTIAL DISBURSEMENT--REPORTING.--

A. The "law enforcement retention fund" is created in the state treasury. The fund consists of money appropriated by the legislature, federal money granted to the state for the purposes of the fund, income from investment of the fund and money otherwise accruing to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The department shall administer the fund to provide:

(1) retention differential disbursements for full-time certified law enforcement officers and telecommunicators meeting certain levels of tenure; and

(2) support for disbursement administration processes and reporting compliance.

B. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety.

C. Contingent on the completion of reporting requirements provided in Subsection H of this section, the department shall determine and distribute annually the amount necessary to provide to a law enforcement or safety agency for the purpose of providing a retention differential disbursement to full-time certified law enforcement officers and telecommunicators employed by that law enforcement or safety agency. A law enforcement or safety agency shall expend funding received for no other purpose than that permitted by this section, and any unexpended balance received by a law enforcement or safety agency pursuant to this section at the end of a fiscal year shall revert to the law enforcement retention fund. The department shall monitor the use of funding and ensure the proper reversions to the law enforcement retention fund.

D. A full-time certified law enforcement officer or telecommunicator shall be eligible to receive a retention differential disbursement upon completing four, nine, fourteen and nineteen years of service from the anniversary of the full-time certified law enforcement officer's or telecommunicator's date of hire with a law enforcement or safety agency. If the officer or telecommunicator remains employed as a full-time certified law enforcement officer or telecommunicator at that same law enforcement or safety agency for an additional year, then the officer or telecommunicator shall receive a retention differential disbursement of five percent of the officer's or telecommunicator's annual base salary upon completing five years of service, upon completing ten years of service, upon completing fifteen years of service and upon completing twenty years of service.

E. Upon completing twenty years of service, a full-time certified law enforcement officer or telecommunicator shall become eligible to receive a retention differential disbursement in the amount of five percent of the officer's or telecommunicator's annual base salary if the officer or telecommunicator remains employed as a full-time certified law enforcement officer or telecommunicator at the same law enforcement or safety agency for an additional year by completing twenty-one years of service. For each year of service completed after twenty-one years of service, the officer or telecommunicator shall receive an annual retention differential disbursement in the amount of five percent of the officer's or telecommunicator's annual salary if the officer or telecommunicator remains employed as a full-time law enforcement officer or telecommunicator at the same law enforcement or safety agency.

F. After the calculations for retention differential disbursements are made in accordance with Subsections D and E of this section, if the balance in the fund is insufficient to permit the total disbursements provided by Subsections D and E of this section, the department shall reduce that allocation to the maximum amount permitted by available money in the fund.

G. The amount provided for a retention differential disbursement shall include the amount of employer tax liabilities, which shall be paid by the employer at the time the retention differential disbursement is provided to the full-time certified law enforcement officer or telecommunicator.

H. To receive funding pursuant to Subsection C of this section, a law enforcement or safety agency shall make that request to the department prior to June 1 of each fiscal year, and in that request, the agency shall report the following:

(1) the number of officers and telecommunicators that are projected to become eligible for a retention differential disbursement in the upcoming fiscal year and the projected amount of the retention differential disbursement, including any employer tax liabilities;

(2) the number of full-time certified law enforcement officers and telecommunicators employed by the law enforcement or safety agency for the last five years;

(3) the number of years of service of each full-time certified law enforcement officer and telecommunicator employed by the law enforcement or safety agency;

(4) the number of full-time certified law enforcement officers and telecommunicators that left the employ of the law enforcement or safety agency in the last year and the stated reasons why each full-time certified law enforcement officer or telecommunicator left the employ of the law enforcement or safety agency;

(5) the number of years of service of each full-time certified law enforcement officer or telecommunicator that left the employ of the law enforcement or safety agency in the last year;

(6) the number of applicants to the law enforcement or safety agency in the last year;

(7) the number of applicants to the law enforcement or safety agency in the last year that attended a law enforcement academy;

(8) the number of full-time certified law enforcement officers and telecommunicators that received one or more certifications in the last year;

(9) the number of full-time certified law enforcement officers and telecommunicators added to the law enforcement or safety agency via lateral transfer and the years of service of each full-time certified law enforcement officer or telecommunicator at each previous law enforcement or safety agency;

(10) any changes to compensation, recruiting, retention or benefits implemented by the law enforcement or safety agency in the last year; and

(11) any other information that is used for determining retention rates unless disclosure of such information is otherwise prohibited by law.

I. The department shall:

(1) provide forms, standards and procedures and related training to law enforcement or safety agencies as necessary for the agencies to report retention information;

(2) maintain the privacy and security of information in accordance with applicable state and federal laws; and

(3) adopt and promulgate rules as necessary to implement the provisions of this section.

J. To receive funding pursuant to Subsection C of this section, a law enforcement or safety agency shall be compliant with the Law Enforcement Training Act at the time the request is made pursuant to Subsection H of this section.

K. To receive funding pursuant to Subsection C of this section, a law enforcement or safety agency shall have submitted the agency's most current roster of full-time certified law enforcement officers and telecommunicators, including commission dates, to the New Mexico law enforcement academy no later than April 1 of each year.

L. The annual report and other statistical data reports generated by the department shall be made available to law enforcement or safety agencies and the public.

M. The department shall provide annual reports to the department of finance and administration and the legislative finance committee about expenditures from the law enforcement retention fund, including an itemized list of expenditures and the balance remaining in the fund.

N. The department may waive reporting information required by a law enforcement or safety agency pursuant to Subsection H of this section; provided that the department shall provide an explanation of its decision in writing.

O. The department shall submit an annual report providing information collected pursuant to Subsection H of this section to the governor and the legislature no later than December 15 of each year.

P. As used in this section:

(1) "full-time certified law enforcement officer" means a full-time certified salaried public employee of a law enforcement agency whose principal duties under law are to hold in custody any person accused of a criminal offense, to maintain public order or to make arrests for crimes;

(2) "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 pursuant to Section 29-1-11 NMSA 1978; [and]

(3) "retention differential disbursement" means the amount disbursed from the law enforcement retention fund based on a full-time certified law enforcement officer's or telecommunicator's service at a law enforcement or safety agency but is not considered salary for the purpose of calculating retirement benefits;

(4) "safety agency" means a unit of state or local government, a special purpose district or a private business that provides police, firefighting or emergency medical services; and

(5) "telecommunicator" means an employee or volunteer of a safety agency who:

(a) receives calls or dispatches the appropriate personnel or equipment in response to calls for police, fire or medical services; and

(b) makes decisions affecting the life, health or welfare of the public or safety employees."

SECTION 2. Section 29-7-2 NMSA 1978 (being Laws 1969, Chapter 264, Section 2, as amended) is amended to read:

"29-7-2. ACADEMY ESTABLISHED.--The "New Mexico law enforcement academy" is established as a division within the department of public safety to provide a planned program of basic law enforcement training and [in-service law enforcement training for police officers and to furnish instruction and seminars to constantly upgrade law enforcement within the state] required continuing education for certification for police officers and telecommunicators, as well as a continuum of educational options for advanced, specialized and executive police practice throughout the state. The academy shall apply the standards set by the council for certification of new satellite training academies and re-certification at least every three years."

SECTION 3. Section 29-7-3 NMSA 1978 (being Laws 1979, Chapter 202, Section 42, as amended) is amended to read:

"29-7-3. NEW MEXICO LAW ENFORCEMENT STANDARDS AND TRAINING COUNCIL.--

A. The "New Mexico law enforcement standards and training council" is created and is administratively attached to the New Mexico law enforcement academy of the department of public safety [which shall provide staff support for the council].

B. The council shall [develop and promulgate training requirements, curricula and methods; professional development programs; and performance standards for law enforcement officers and public safety telecommunicators at all levels, including basic, field training officer programs, advanced, specialized and instructor training to be consistent throughout New Mexico] have oversight for all police officer and public safety telecommunicators standards, training and educational requirements.

C. The council shall develop standards and certification requirements for regional satellite training academies. The standards shall be consistent with accreditation standards for the academy and shall be reviewed and updated at least every five years.

D. The council shall develop all law enforcement education programs. All programs listed in this section shall be independently reviewed at least every five years, except that required continuing education programs shall be reviewed every two years and the annual legal update shall be reviewed annually. Reviews shall ensure that all programs conform to evidence-based standards and national best practices.

E. With the exception of physical fitness, equipment and technology instruction, the programs shall:

(1) represent current information and state-of-the-art, evidence-based best practice;

(2) include an appropriate amount of time to integrate knowledge and skills with scenario-based or situation-based applications;

(3) be delivered either in-person or online with faculty availability to students throughout the course;

(4) make effective use of simulation systems or live actors;

(5) require police officers to complete a brief evaluation for anonymous submission to the academy upon completion of any session; and

(6) test using best practices for adult learning, including use of scenario-based and situation-based questions. Multiple choice questions, true-or-false questions and yes-or-no questions shall be limited to factual information and comprise no more than twenty-five percent of the score.

F. The council shall hire a director and support staff to carry out the mission of the council and serve as the office that supports the work of the council. The director and staff shall conduct research and may contract with outside experts to complete the council's work.

[C.] G. The council consists of:

(1) the director of the academy, [and the directors of the accredited regional law enforcement training facilities] who [serve] serves ex officio [and] as a nonvoting member;

(2) three directors of regional satellite law enforcement academies, who shall serve rotating terms representing different regions of the state; and

[(2) eleven] (3) twelve members appointed by the governor, [and confirmed by the senate] consisting of:

(a) one attorney employed in a district attorney's office;

(b) one attorney employed by the public defender department or an attorney who practices criminal defense;

(d) two New Mexico state-certified public safety telecommunicators, one of whom shall be [from an agency that offers fire and medical telecommunications services and one of whom shall be from a public safety agency serving a rural part] a director of emergency management, from different regions of the state;

[(e) two members who have experience and specialize in providing adult education;

(f)] (e) two citizen-at-large members [one of whom has behavioral health expertise and neither of whom is an active or retired law enforcement officer or public safety telecommunicator or has a familial or financial connection to an active or retired law enforcement officer or public safety telecommunicator or any agency or department for which a law enforcement officer or public safety telecommunicator works] representing different regions of the state;

[(g)] (f) a sheriff who is a New Mexico state-certified [law enforcement] police officer, [and

(h) a municipal law enforcement manager who is a New Mexico-state certified law enforcement officer in a command position;

D. An appointed council member shall serve and have all the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointments] who shall serve as a liaison to the New Mexico sheriffs' association;

(g) one municipal police chief certified as a police officer, who shall serve as a liaison to the police chiefs association;

(h) two faculty members from a public or private post-secondary educational institution's criminal justice program; and

(i) one behavioral health expert.

H. Except for certified law enforcement academy directors and members requiring certification as a police officer or public safety telecommunicator, other members shall have no familial or financial connection to an active or retired police officer or public safety telecommunicator or any agency or department for which a police officer or public safety telecommunicator works.

I. Members of the council may be reappointed. Members of the council shall elect the chair of the council.

J. Vacancies on the council shall be filled by appointment by the governor [with the consent of the senate] for the remainder of the unexpired term.

[E.] K. Appointments to the council shall be for staggered terms of four years or less made in such manner that the terms of not more than four members expire on July 1 of each year.

[F.] L. Members of the council are entitled to receive, for their service as members of the council, per diem and mileage as provided in the Per Diem and Mileage Act.

M. The council shall adopt, publish and file, in accordance with the provisions of the State Rules Act, all rules concerning the implementation and enforcement of this section."

SECTION 4. Section 29-7-4.3 NMSA 1978 (being Laws 2022, Chapter 56, Section 13, as amended) is amended to read:

"29-7-4.3. LAW ENFORCEMENT CERTIFICATION BOARD--APPOINTMENT--POWERS AND DUTIES--REFUSAL TO ISSUE OR DENIAL, SUSPENSION OR REVOCATION OF CERTIFICATION--SUSPENSION OF CERTIFICATION FOR FAILURE TO MEET [REQUIRED IN-SERVICE TRAINING] CONTINUING EDUCATION REQUIREMENTS--CONFIDENTIALITY OF INVESTIGATIONS--LAW ENFORCEMENT CERTIFICATION OFFICE CREATED.--

A. The "law enforcement certification board" is established and administratively attached to the department of public safety [and the department shall provide administrative services for the board and the law enforcement certification office].

B. The board consists of eleven members appointed by the governor [with the advice and consent of the senate]. The board shall elect a chair and vice chair. No more than [six] seven members shall be members of the same political party. Members shall be appointed so as to represent different geographic areas of the state and the ethnic and cultural diversity of the state's population. The members shall be appointed for staggered five-year terms, except that for the initial board, two members shall be appointed for one-year terms, two members shall be appointed for two-year terms, two members shall be appointed for three-year terms, two members shall be appointed for four-year terms and three members shall be appointed for five-year terms.

C. The board shall include the following members:

(1) [a retired district judge, who serves as chair of the board] an attorney with judicial experience;

(2) a current or retired New Mexico state-certified municipal law enforcement manager in a command position;

(3) a retired sheriff who was certified or a current sheriff who is certified as a [law enforcement] police officer;

(4) a current or retired state or local New Mexico state-certified [law enforcement] police officer who has law enforcement management command experience;

(5) a current or retired tribal law [law enforcement] police officer;

(6) a certified public safety telecommunicator;

(7) an attorney in private practice who practices as a plaintiff's attorney in the area of civil rights or who represents criminal defendants;

(8) an attorney in private practice who represents public entities in civil rights claims;

(9) an attorney who is employed by the public defender department;

(10) a professor of criminal justice at a public post-secondary educational institution in New Mexico; and

(11) a citizen-at-large who has knowledge and interest in law enforcement [training] education.

D. [An appointed member shall serve and have all of the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointment.] Vacancies shall be filled by appointment by the governor [with the consent of the senate] for the unexpired term of the member. Members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act.

E. The board shall have the authority to:

(1) deny admission to a certification program, suspend or revoke:

(a) a [peace] police officer's certification [for just cause as provided in the Law Enforcement Training Act] with evidence demonstrating probable cause that continued performance represents a threat to public safety, including the potential for imminent harm to others or agency liability; and

(b) a telecommunicator's certification [for just cause as provided in the Public Safety Telecommunicator Training Act] with evidence demonstrating probable cause that continued performance represents a threat to public safety, including the potential for imminent harm to others or agency liability; and

(2) conduct investigations, administer oaths and subpoena persons as necessary to make a determination regarding fitness of a: [law enforcement]

(a) police officer to execute [a law enforcement officer's] assigned duties; or

(b) public safety telecommunicator to execute assigned duties.

F. The board may require by subpoena the attendance of witnesses or the production of records and other evidence relevant to an investigation and shall have such other powers and duties and administer or enforce such other acts as further provided by law.

G. The board shall appoint a chief executive officer to assist the board in carrying out its functions. The chief executive officer shall employ [persons] professional and support staff as necessary to assist the board in carrying out its functions. The chief executive officer and staff shall function with complete independence of the department of public safety and shall have the chief executive officer's own budget and budget authority.

H. The board shall adopt, publish and file, in accordance with the provisions of the State Rules Act, all rules concerning the implementation and enforcement of [the Law Enforcement Training Act and Public Safety Telecommunicator Training Act] this section except those sections enumerated in Subsection E of Section 29-7-4 NMSA 1978 for which rules shall be adopted, published and filed by the [council] board.

I. The board shall issue or renew a certification to:

(1) graduates from an approved basic law enforcement training program who satisfy the qualifications for certification as set forth in Section 29-7-6 NMSA 1978; or

(2) graduates from an approved basic telecommunicator training program who satisfy the qualifications for certification as set forth in the Public Safety Telecommunicator Training Act.

J. Members of the board shall receive, for their service as members of the board, per diem and mileage as provided in the Per Diem and Mileage Act.

K. Internal affairs and other investigation documents provided to or developed by the board for use in a certification case shall remain confidential. A decision of the board is a final agency decision and may be appealed as provided in Section 39-3-1.1 NMSA 1978."

SECTION 5. Section 29-7-4.4 NMSA 1978 (being Laws 2022, Chapter 56, Section 6) is amended to read:

"29-7-4.4. [LAW ENFORCEMENT] POLICE OFFICER TRAINING.--

A. The curriculum of each basic law enforcement training [class and in-service training each year for certified police officers shall include:

A. crisis management and intervention;

B. dealing with individuals who are experiencing mental health issues;

C. methods of de-escalation;

D. peer-to-peer intervention;

E. stress management;

F. racial sensitivity;

G. reality-based situational training; and

H. use of force training that includes the elimination of vascular neck restraints] required for program certification as a police officer shall be determined by the council based on:

(1) the required updated job task analysis for police officers conducted every five years; and

(2) a comprehensive set of topics based on evidence- and science-based national best practices that address:

(a) all core skills and knowledge for which proficiency is required;

(b) integrated application of knowledge and skills in typical situations faced by new police officers;

(c) integrated application of knowledge and skills in high-risk and high-liability situations encountered by police officers;

(d) use of knowledge and skills in complex settings with multiple responding police officers;

(e) minimizing risk and liability at any scene;

(f) respect for all persons regardless of race, color, national origin, gender, disability status or language;

(g) attention to police officer wellness;

(h) new challenges in police practice that may vary by locality; and

(i) all weapons and technology available to most police officers at the time.

B. The academy shall design and implement, and update with national standards, with oversight and approval of the council, the following programs:

(1) basic police officer certification training;

(2) basic public safety telecommunicator certification training;

(3) certification by waiver for experienced police officers from other states or federal agencies;

(4) general instructor certification credentialing for police officers;

(5) general instructor certification credentialing for public safety telecommunicators;

(6) continuing education requirements;

(7) field training officer certification by July 1, 2027;

(8) executive certification training by July 1, 2028;

(9) specialty law enforcement training by July 1, 2027;

(10) specialty faculty credentialing by July 1, 2027;

(11) advanced law enforcement training by July 1, 2027;

(12) advanced faculty credentialing by July 1, 2027; and

(13) advanced public safety telecommunicator training by July 1, 2028.

C. All curricula approved and in use shall be published to the academy's website and shall be up-to-date at all times before any classes begin. Curricula shall not be published in the New Mexico Administrative Code.

D. The academy shall offer all certified police officers, on the website of the division, an up-to-date, online catalog of application material for courses regarding law enforcement, criminal justice and related courses offered by New Mexico state-funded colleges and universities.

E. The council shall research national programs and educational approaches and convene experts to recommend standards, content, methods and hours for any topics.

F. The council director and staff shall have expertise in adult education and curriculum development and shall use contracted resources to bring national expertise to the work of the council. Curricula shall be field tested and evaluated by the academy and regional satellite academies.

G. With the exception of physical fitness, equipment and technology instruction, all police and public safety telecommunicator basic training and education, continuing education and faculty credentialing programs shall meet the following criteria:

(1) provide clear objectives;

(2) articulate the importance, risks, liabilities and potential stakes of inadequate performance;

(3) represent current information and state-of-the-art, evidence-based national best practices;

(4) include references to science and evidence basis, relevant law and legal precedent;

(5) incorporate an individual's performance with that of the law enforcement team in achieving desired outcomes;

(6) identify risks related to civil rights violations and adapt to behavioral health and disability issues and ethical considerations;

(7) address adult learning principles explicitly to promote:

(a) active thinking, rather than acting out of habit;

(b) self-monitoring for implicit bias;

(d) awareness of environment and collateral damage or harm;

(e) critical observation to preserve evidence; and

(f) cooperation and coordination within each team;

(8) specify the level of proficiency and performance required for certification; and

(9) include an appropriate amount of time to integrate knowledge and skills with scenario-based or situation-based applications appropriate to student experience.

H. Regional satellite law enforcement academies shall demonstrate equivalence of all required curriculum approved for the academy. Regional satellite academies may develop their own curricula in addition to that required and approved for the academy, but all curricula must meet the criteria set forth in Subsection G of this section. All satellite academy curricula shall be published and kept current on the satellite academy's website."

SECTION 6. Section 29-7-5 NMSA 1978 (being Laws 1969, Chapter 264, Section 7, as amended) is amended to read:

"29-7-5. POWERS AND DUTIES OF THE DIRECTOR.--[The director shall be under the supervision and direction of the secretary of public safety.] The director shall:

A. be the chief executive officer of the academy and employ necessary personnel;

B. issue a certificate of completion to any person who:

(1) graduates from an approved basic law enforcement training program and who satisfies the qualifications for certification as set forth in Section 29-7-6 NMSA 1978; or

(2) graduates from an approved basic telecommunicator training program and who satisfies the qualifications for certification as set forth in the Public Safety Telecommunicator Training Act;

C. perform all other acts necessary and appropriate to the carrying out of the director's duties;

D. implement the training standards and requirements developed and adopted by the council; and

E. annually evaluate the courses of instruction being offered by the academy and make necessary modifications and adjustments to the programs."

SECTION 7. 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] six 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. "continuing education" means a program of instruction that is required by all police officers or public safety telecommunicators designed to refresh critical core skills and to introduce updated science- and evidence-based national best practices most relevant to job performance and an individual's experience in the field. Part of the program may be required of all police officers or public safety telecommunicators, while other parts may be adapted to specific job, experience and agency. Continuing education requirements may be met through any regional certified law enforcement academy, by a credentialed faculty within an agency or by a pre-approved substitution of college credit for comparable content;

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

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

[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. "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. "faculty certification" means certification in a program that ensures proficiency in relevant skills, knowledge and integration in practice as well as continuing education in teaching law enforcement professionals to use appropriate adult education methods based on national best practices and accepted adult education standards, also referred to as credentialing;

J. "job task analysis" means a research-based assessment of the most current scope of practice for a specific professional position, such as police officer or public safety telecommunicator;

[I.] K. "law enforcement agency" means an agency of the state or [local] political subdivision of the state that employs certified law enforcement officers or police officers of 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;

L. "performance" means expected standards that demonstrate the integration of knowledge and practice in application to the situations likely to be encountered in a specific law enforcement position. Performance standards shall be specified in relation to certification, and law enforcement agencies may specify additional performance standards for employees;

[J.] M. "police officer" means [any] a commissioned employee of a law enforcement agency that is part of or administered by the state or [any] a 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] enforcing laws, maintaining public order, investigating crimes, testifying in court and building public trust. 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, charge and bring before the court all violators within the law enforcement agency's jurisdiction; [and]

N. "proficiency" means meeting expected standards for a specific skill;

[K.] O. "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] council, that offers basic law enforcement training and [in-service law enforcement training] continuing education that is comparable to or exceeds the standards of the programs of the academy;

P. "safety agency" means a unit of state or local government or political subdivision that provides police, firefighting or emergency medical services;

Q. "satellite academy" means a certified law enforcement training facility within the state that is certified to meet standards set by the council and for which compliance with standards is determined at least once every three years by the academy;

R. "telecommunicator" means an employee or volunteer of a safety agency who:

(1) receives calls or dispatches the appropriate personnel or equipment in response to calls for police, fire or medical services; and

(2) makes decisions affecting the life, health or welfare of the public or safety agency employees; and

S. "training" means a program of core knowledge and skills required for initial certification in a law enforcement position."

SECTION 8. Section 29-11-5 NMSA 1978 (being Laws 1978, Chapter 27, Section 5, as amended) is amended to read:

"29-11-5. SEXUAL CRIMES PROSECUTION AND TREATMENT PROGRAM.--

A. The administrator shall develop, with the cooperation of the [criminal justice] corrections department, the New Mexico state police, the New Mexico law enforcement academy, other authorized law enforcement agencies and existing community-based victim treatment programs, a statewide comprehensive plan to train [law enforcement] police officers and criminal justice and medical personnel in the ability to deal with sexual crimes; to develop strategies for prevention of such crimes; to provide assistance in the assembly of evidence for the facilitation of prosecution of such crimes; and to provide medical and psychological treatment to victims of such crimes. This plan shall include, but not be limited to:

(1) education and training of [law enforcement] police officers and criminal justice and medical personnel;

(2) collection, processing and analysis of evidence [which] that facilitates prosecution of suspects of sexual crimes; and

(3) medical and psychological treatment of victims of such crimes.

B. The comprehensive plan shall be implemented throughout the state, and the administrator may contract with appropriate persons, entities, agencies or community-based programs to provide the services to be rendered pursuant to Subsection A of this section and may pay a reasonable fee for [such] the services.

C. Nothing in this section shall be construed to require criminal prosecution of a suspect of a sexual crime by the victim to whom services are rendered pursuant to the provisions of the Sexual Crimes Prosecution and Treatment Act.

[D. Training for law enforcement officers in the proper treatment of victims of sexual crimes and collection of evidence and coordination among agencies shall be incorporated in the regular training program for recruits by the New Mexico state police the basic course taught by the New Mexico law enforcement academy or by other authorized law enforcement agencies. Already commissioned officers and sex-crime investigators shall receive advanced training through in-service programs.]"

SECTION 9. Section 29-13-6 NMSA 1978 (being Laws 1983, Chapter 289, Section 6, as amended) is amended to read:

"29-13-6. DISTRIBUTION OF LAW ENFORCEMENT PROTECTION FUND.--

A. Based on a periodic allotment approved by the division for the current fiscal year, the state treasurer shall distribute from the fund the amounts certified by the division to be distributed to governmental entities and the peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund as required in Section 29-13-4 NMSA 1978. Payments shall be made by the treasurer to the appropriate governmental entity or fund unless otherwise specified in Subsection C of this section.

B. The state treasurer is authorized to redirect a distribution to the New Mexico finance authority in an amount certified by the division, pursuant to an ordinance or a resolution passed by the municipality or county and a written agreement of the municipality or county and the New Mexico finance authority.

C. Based on a periodic allotment approved by the division for the current fiscal year, the state treasurer shall distribute from the money in the fund money certified by the division to be distributed to tribes. Payment shall be made to the chief financial officer of the tribe. If necessary, the fund may be decreased below the level of one hundred thousand dollars ($100,000) to enable payment to the tribes. If insufficient money remains in the fund to fully compensate the tribes, a report shall be made to the Indian affairs department and to an appropriate interim committee of the legislature that reviews issues having impact on tribes by September 1 of the year of the shortfall.

D. The New Mexico law enforcement standards and training council may notify the division and the state treasurer to withhold the distribution to any governmental entity that has failed to submit required reports to the council as provided in Section 29-7-7.2 NMSA 1978, [or] that employs [law enforcement] police officers who have failed to submit proof of completion of required in-service law enforcement training as required in Section 29-7-7.1 NMSA 1978 or that loses or fails to achieve accreditation as provided in Section 10 of this 2025 act.

E. To facilitate satellite academies coming into compliance with modernized and expanded curricula, additional funding may be needed to acquire equipment, licenses or other resources to ensure the required level of integration and simulation capacity. A satellite academy that requires additional resources may submit a request for funding for up to three years, in amounts less than one hundred thousand dollars ($100,000). An applicant shall explain why the applicant's sponsoring organization is unable to meet specific requirements and shall be required to submit a commitment from the applicant's sponsoring agency to build the ongoing operating cost into the applicant's budget."

SECTION 10. A new section of the Law Enforcement Training Act is enacted to read:

"[NEW MATERIAL] ACCREDITATION.--

A. The director shall apply for and ensure national accreditation of the academy through the commission on accreditation for law enforcement agencies no later than January 1, 2029.

B. The council shall review accreditation standards and select those most appropriate to the certified satellite academies, and these standards shall be integrated into certification standards for those organizations.

C. The academy and a satellite academy are ineligible for funds distributed by the law enforcement protection fund when accreditation or certification is lost."

SECTION 11. APPROPRIATIONS.--

A. Two hundred thousand dollars ($200,000) is appropriated from the general fund to the department of public safety for expenditure in fiscal year 2026 and subsequent fiscal years for job task analysis, assessment and recommendations to modernize public safety telecommunicator training, in particular to conform to new technology and crisis behavioral health help-line and alternative response unit services. Any unexpended or unencumbered balance remaining at the end of fiscal year 2026 shall not revert to the general fund.

B. Four hundred thousand dollars ($400,000) is appropriated from the general fund to the department of public safety for expenditure in fiscal year 2026 and subsequent fiscal years for contractor curriculum development and testing to implement public safety telecommunicator training. Any unexpended or unencumbered balance remaining at the end of fiscal year 2026 shall not revert to the general fund.

C. Four hundred thousand dollars ($400,000) is appropriated from the general fund to the department of public safety for expenditure in fiscal year 2026 and subsequent fiscal years for contractor curriculum development for new in-service training programs for all police officers. Any unexpended or unencumbered balance remaining at the end of fiscal year 2026 shall not revert to the general fund.

SECTION 12. REPEAL.--Sections 29-7-4.1, 29-7-4.2, 29-7-5, 29-7-7.3 through 29-7-7.5, 29-7-7.7, 29-20-3 and 31-18B-5 NMSA 1978 (being Laws 2002, Chapter 34, Section 3 and Laws 2002, Chapter 35, Section 3; Laws 2011, Chapter 49, Section 1; Laws 1969, Chapter 264, Section 7; Laws 2007, Chapter 89, Section 1; Laws 2010, Chapter 33, Section 1; Laws 2011, Chapter 180, Section 1; Laws 2017, Chapter 35, Section 1; Laws 2003, Chapter 260, Section 3; and Laws 2003, Chapter 384, Section 5, as amended) are repealed.

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