Chapter 9, Article 3 NMSA 1978 may be cited as the “Corrections Department Act”. History: 1978 Comp., § 9-3-1, enacted by Laws 1977, ch. 257, § 1; 1980, ch. 150, § 1; 1981, ch. 73, § 1; 2007, ch. 9, § 1; 2007, ch. 123, § 1. ANNOTATIONS The 2007 amendment, effective July 1, 2007, […]
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 […]
A. The New Mexico sentencing commission is authorized to inspect, copy, receive and review all records, data and information in the possession of state, county and local government agencies, except records, data or information that: (1) is privileged under the rules of evidence; (2) compromises or tends to disclose any privileged record or information; or […]
The New Mexico sentencing commission may, in the name of the state, accept grants, donations or gifts to carry out its functions and purposes. History: 1978 Comp., § 9-3-10.2, enacted by Laws 1994, ch. 19, § 3; 2003, ch. 75, § 3. ANNOTATIONS The 2003 amendment, effective July 1, 2003, substituted “New Mexico sentencing commission” […]
A. The New Mexico sentencing commission shall prepare a fiscal impact statement as provided in this section for a bill that: (1) creates a new crime or repeals an existing crime for which imprisonment is authorized; (2) increases or decreases the period of imprisonment authorized for an existing crime; (3) imposes or removes mandatory minimum […]
A. The following entities are administratively attached to the corrections department: (1) the adult parole board; and (2) the governor’s organized crime prevention commission. B. All powers and duties vested in the entities enumerated in this section shall remain unamended by the provisions of the Corrections Department Act. History: 1978 Comp., § 9-3-11, enacted by […]
Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary and he shall retain the final […]
A. There is created within the New Mexico sentencing commission the “sex offender management board”. Members of the sex offender management board who are not members of the New Mexico sentencing commission, whose membership is set forth in Section 9-3-10 NMSA 1978, shall not be voting members of the New Mexico sentencing commission. B. The […]
The purpose of the Corrections Department Act is to create a single, unified department to administer all laws and exercise all functions formerly administered and exercised by the corrections and criminal rehabilitation department and to ensure a comprehensive criminal justice system in New Mexico. History: 1978 Comp., § 9-3-2, enacted by Laws 1977, ch. 257, […]
There is created in the executive branch the “corrections department”. The department shall be a cabinet department and consist of, but not be limited to, six divisions as follows: A. the adult institutions division; B. the adult probation and parole division; C. the training academy division; D. the corrections industries division, which shall have administrative […]
A. The corrections department shall establish a demonstration, prison-based drug rehabilitation program for inmates. B. The department is authorized to collaborate with a private organization that has expertise in establishing a prison-based drug rehabilitation program that addresses: (1) drug rehabilitation; (2) education; (3) self-respect; and (4) life skills. History: Laws 2003, ch. 237, § 1. […]
A. The chief executive and administrative officer of the department is the “secretary of corrections.” The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold that office at the pleasure of the governor and shall serve in the executive cabinet. B. An appointed secretary shall serve and […]
A. The secretary of corrections is responsible to the governor for the operation of the corrections department. It is his duty to manage all operations of the department and to administer and enforce the laws with which he or the department is charged. B. To perform his duties, the secretary has every power expressly enumerated […]
A. The secretary of corrections may enter into an agreement with the board of regents of the New Mexico military institute under which the institute would offer corrections education scholarships to New Mexico residents interested in careers in corrections. The agreement may provide criteria for recruiting scholarship applicants and awarding scholarships and for internship programs […]
Except as otherwise provided by law, the secretary shall appoint, with the approval of the governor, “directors” of such divisions as are established within the department. The directors so appointed are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: 1978 Comp., § 9-3-6, enacted by Laws 1977, ch. 257, § 7; […]
The secretary shall establish, within each division, such “bureaus” as he deems necessary to carry out the provisions of the Corrections Department Act. He shall appoint a “chief” to be the administrative head of any such bureau. The chief and all subsidiary employees of the department shall be covered by the Personnel Act [Chapter 10, […]
A. The administrative services division shall provide administrative services to the department, including: (1) keeping all official records of the department; (2) providing clerical services in the areas of personnel and budget preparation; and (3) providing clerical, record-keeping and administrative support to agencies administratively attached to the department, at their request. B. The division shall, […]
On or before December 15 of each year, the secretary shall provide a report to each member of the legislature describing the state’s comprehensive law enforcement and criminal justice plan and the programs and projects funded under this plan. The report shall include: A. funds spent for each part of the state’s comprehensive plan and […]
