SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 405

46th legislature - STATE OF NEW MEXICO - second session, 2004

AN ACT

RELATING TO EXECUTIVE REORGANIZATION; CREATING THE OFFICE OF JUSTICE, LIBERTY AND PEACE; PROVIDING POWERS AND DUTIES; CREATING THE CITIZENS PEACE ADVISORY COUNCIL; MAKING AN APPROPRIATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Office of Justice, Liberty and Peace Act".

     Section 2. PURPOSE.--The purpose of the Office of Justice, Liberty and Peace Act is to establish an office dedicated to peacemaking, conflict resolution training and the study of conditions that are conducive to peace.

     Section 3. DEFINITIONS.--As used in the Office of Justice, Liberty and Peace Act:

          A. "chief" means the chief of peace;

          B. "council" means the citizens peace advisory council; and

          C. "office" means the office of justice, liberty and peace.

     Section 4. OFFICE ESTABLISHED.--The "office of justice, liberty and peace" is created. The office shall be administratively attached to the department of finance and administration. For purposes of this section, the term "administratively attached" means the same as specified in Section 9-1-7 NMSA 1978.

     Section 5. CHIEF--APPOINTMENT.--

          A. The administrative head of the office is the "chief of justice, liberty and peace", who shall be appointed by the governor with the consent of the senate.

          B. The chief shall have no fewer than fifty hours of training in peacemaking, mediation, conflict resolution or dialogue and at least one year of experience in applying these skills in a community setting or equivalent life experience.

          C. The chief shall serve and have all the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the appointment.

     Section 6. CHIEF--GENERAL DUTIES.--

          A. The chief is responsible to the governor for the operation of the office. It is the chief's duty to manage all operations of the office.

          B. The chief shall:

                (1) organize and participate in public dialogues throughout the state, providing a diplomatic method for addressing controversial issues and conflict;

                (2) promote a sustainable, life-affirming and just economy as an avenue to peace;

                (3) analyze existing policies and develop new approaches, in collaboration with established institutional and agency efforts, for dealing with societal issues, including:

                     (a) spouse abuse, child abuse and mistreatment of the elderly;

                     (b) drug and alcohol abuse;

                     (c) crime, punishment, rehabilitation and pursuit of restorative justice;

                     (d) violence against animals;

                     (e) gun-related violence;

                     (f) school and gang violence;

                     (g) racial or ethnic violence and violence against gays and lesbians; and

                     (h) disputes between the police and community members;

                (4) assist in establishing community-based violence prevention programs, including violence prevention counseling and peer mediation in schools;

                (5) promote counseling and community support on behalf of victims of violence;

                (6) provide for public education programs and counseling strategies concerning hate crimes; and

                (7) promote tolerance and understanding among diverse groups of people.

     Section 7. CHIEF--CONFLICT RESOLUTION DUTIES.--The chief shall address and offer nonviolent conflict resolution strategies on issues that threaten community well-being, including racial and class tension and disputes concerning the scarcity of food, water and other natural resources.

     Section 8. CHIEF--MEDIA DUTIES.--The chief shall:

          A. seek assistance in the design and implementation of nonviolent policies from media professionals;

          B. study the role of the media in the escalation and recession of conflict and make the findings public; and

          C. make recommendations to professional media organizations to increase media awareness of peace-building initiatives.

     Section 9. CHIEF--EDUCATIONAL DUTIES.--The chief shall:

          A. develop a peace education curriculum, which shall include the study of:

                (1) the civil rights movement in the United States and throughout the world, with special emphasis on how individual involvement has contributed to advancements in peace and justice; and

                (2) peace agreements and circumstances in which peaceful intervention has succeeded in stopping conflict; and

          B. cooperate with the secretary of public education to develop curricula and make curricula available to school districts to facilitate instruction in peaceful conflict resolution and other peace education objectives at public schools or any combination of public schools in a school district.

     Section 10. PERSONNEL.--The chief shall employ professional and clerical assistance, contractors and general counsel as deemed necessary and shall oversee staff performance in:

          A. peace education and training;

          B. peace activities;

          C. technology for peace; and

          D. peaceful coexistence and nonviolent conflict resolution.

     Section 11. CHIEF--GENERAL DUTIES.--The chief shall address and oversee staff performance in:

          A. peace and education training, including:

                (1) developing a peace education curriculum and supporting materials for distribution to the public education department;

                (2) providing peace education grants for the creation and expansion of peace studies and programs; and

                (3) creating a community peace block grant program to provide grants to nonviolent conflict resolution programs and local peace-building initiatives;

          B. peace activities, including:

                (1) developing alternatives for the treatment of drug and alcohol abuse;

                (2) initiating programs and building on existing programs to prevent crime, including community policing and peaceful settlement programs for police and other public safety officers; and

                (3) developing community-based strategies for celebrating diversity and promoting tolerance;

          C. assessing technology for peace, including providing grants for the research and development of technology in transportation, communication and energy sources that:

                (1) are nonviolent in their application; and

                (2) encourage the conservation and restoration of natural resources to prevent future conflicts stemming from resource scarcity and environmental contamination; and

          D. peaceful coexistence and nonviolent conflict resolution, including:

                (1) publishing activities of the office and encouraging scholarly participation;

                (2) gathering information on effective community peace-building activities and disseminating the information;

                (3) researching the effect of violence in the media and making the reports annually available to the public; and

                (4) holding conferences to create awareness of the office's findings.

     Section 12. COUNCIL--CREATION--MEMBERS--RESPONSIBILITIES--COMPENSATION.--

          A. The "citizens peace advisory council" is created and shall be composed of the chief and seventeen appointed members, who reflect the diversity of the people of New Mexico, as follows:

                (1) two office staff members, appointed by the chief;

                (2) three representatives from peace advocacy organizations, appointed by the chief;

                (3) three representatives from religious or spiritual organizations, appointed by the chief;

                (4) one representative from an environmental organization, appointed by the secretary of environment;

                (5) two representatives from local, county or state law enforcement agencies, appointed by the secretary of public safety;

                (6) one health professional with expertise in behavioral and public health issues, appointed by the secretary of health;

                (7) one representative from an energy conservation organization with expertise in alternative energy use, appointed by the secretary of environment;

                (8) two representatives affiliated with a radio or television station or a print publication, appointed by the chief; and

                (9) two public school educators, appointed by the secretary of public education.

          B. The council shall select a chairperson, a vice chairperson and other officers as it deems necessary.

          C. The council shall meet no less than twice annually and may meet more frequently upon the call of the chairperson. The council shall:

                (1) assist the office in organizing and participating in public dialogues throughout the state;

                (2) provide assistance and make recommendations to the chief and the governor concerning policies relating to peace and nonviolent conflict resolution; and

                (3) submit, annually, a report to the chief and the governor reviewing the impact of state peace activities on local governments and communities.

          D. Council members shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

     Section 13. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the office of justice, liberty and peace for expenditure in fiscal year 2005 to carry out the provisions of the Office of Justice, Liberty and Peace Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall not revert to the general fund.

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