HOUSE BILL 102

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Gail Chasey

AN ACT

RELATING TO CRIME; ENACTING THE VIOLENCE INTERVENTION PROGRAM ACT; CREATING THE VIOLENCE INTERVENTION PROGRAM FUND; ESTABLISHING APPLICATION AND REPORTING REQUIREMENTS; CREATING THE FIREARM INJURY AND DEATH REVIEW COMMITTEE; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Violence Intervention Program Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Violence Intervention Program Act:

          A. "commission" means the New Mexico sentencing commission;

          B. "committee" means the firearm injury and death review committee;

          C. "community-based organization" means an entity that is eligible to be awarded a contract to provide services that accomplish the purposes of the Violence Intervention Program Act;

          D. "department" means the department of health; and

          E. "grantee" means a county, municipality or tribal government that has applied for and receives funding pursuant to the Violence Intervention Program Act.

     SECTION 3. [NEW MATERIAL] VIOLENCE INTERVENTION PROGRAM FUND--CREATED--PURPOSE.--The "violence intervention program 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 to administer the provisions of the Violence Intervention Program Act and award violence intervention program grants to municipalities or tribal governments that the department finds are disproportionately impacted by violent crimes, including homicides, shootings and aggravated assaults. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of health. The department may expend no more than three percent of the balance of the fund each fiscal year for administering the Violence Intervention Program Act. No money in the fund may be expended in any way except as provided by the Violence Intervention Program Act.

     SECTION 4. [NEW MATERIAL] 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. focus on 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 that results from gun violence or aggravated assault;

          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.

     SECTION 5. [NEW MATERIAL] GRANT AWARDS.--

          A. On or after July 1, 2021, the department shall receive and review applications for grants from the violence intervention program fund. The department may make grants from the fund to municipalities or tribal governments that the department finds are disproportionately impacted by violent crimes, including homicides, shootings and aggravated assaults.

          B. The department shall make awards of grants from the fund in accordance with the following limitations:

                (1) grant awards shall be made to at least two municipalities or tribal governments with a population of fifty thousand or less according to the most recent federal decennial census;

                (2) at least twenty percent of the total annual amount appropriated to the fund shall be awarded to municipalities with a population of five hundred forty thousand or greater according to the most recent federal decennial census; and

                (3) the department of health shall utilize the funds in accordance with department of finance and administration guidelines.

     SECTION 6. [NEW MATERIAL] APPLICATION REQUIREMENTS.--

          A. Each application for a grant from the violence intervention program fund shall include:

                (1) clearly defined, measurable objectives for a proposal to improve public health and safety through evidence-based violence reduction interventions;

                (2) a comprehensive violence reduction strategic plan and a description of the strategies and tasks developed by a county, municipality or tribal government describing the goals of the plan, including community-based or joint community-based and law enforcement intervention strategies;

                (3) a description of how a grant award would be used if awarded; and

                (4) a list of community-based organizations in the county, municipality or tribal government applying for the grant.

          B. The commission shall provide municipalities and tribal governments with data relevant to grant applications.

          C. An applicant shall notify the appropriate criminal justice coordinating council established pursuant to Section 31-28-3 NMSA 1978 of its grant application.

     SECTION 7. [NEW MATERIAL] CONDITIONS OF GRANT.--

          A. As a condition of each grant made pursuant to the Violence Intervention Program Act, the department shall require each grantee to use at least fifty percent of its grant for the purpose of entering into contracts with one or more community-based organizations.

          B. Each grantee shall report to the appropriate criminal justice coordinating council established pursuant to Section 31-28-3 NMSA 1978 regarding outcomes of the grant.

          C. A grant may be awarded to a county or municipality, but shall not be awarded to both a county and a municipality falling within the county.

     SECTION 8. [NEW MATERIAL] RULES.--The department shall adopt rules necessary to administer the provisions of the Violence Intervention Program Act.

     SECTION 9. [NEW MATERIAL] 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.

          B. Each year through 2026, the department and the commission shall report to the legislature by December 1 regarding the awards and outcomes of each grantee.

     SECTION 10. [NEW MATERIAL] FIREARM INJURY AND DEATH REVIEW COMMITTEE--CREATION.--

          A. There is created the "firearm injury and death review committee". The committee shall consist of eight members, appointed by the department for terms of four years including a:

                (1) representative from the department;

                (2) member of the state legislature;

                (3) representative from the public education department;

                (4) representative from the district courts;

                (5) law enforcement officer;

                (6) school resource officer;

                (7) member of the New Mexico nurses association; and

                (8) member of the New Mexico medical society.

          B. The committee shall:

                (1) examine circumstances that contribute to firearm injury and death in order to identify risk reduction and prevention strategies;

                (2) collect and synthesize information regarding circumstances of each firearm injury and death in the state; and

                (3) provide an annual report, including strategies to prevent firearm injury and death to the commission, the department and the relevant interim committee that studies issues relating to criminal justice.

          C. For purposes of this section:

                (1) "law enforcement officer" means a full-time salaried public employee of a governmental entity, or a certified part-time salaried police officer employed by a governmental entity, 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; and                   (2) "school resource officer" means a commissioned and certified law enforcement officer who is designated to be responsible for school safety and crime prevention and the appropriate response to crimes in public schools and has completed the training specified in Subsection B of Section 29-7-14 NMSA 1978.

     SECTION 11. APPROPRIATION.--Ten million dollars ($10,000,000) is appropriated from the general fund to the violence intervention program fund for expenditure in fiscal year 2022 and subsequent fiscal years for the purposes of the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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