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SENATE BILL 50
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Antonio Maestas
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
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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
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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
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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.
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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
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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
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(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.
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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 ]
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(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
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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.
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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
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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
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defense;
(c) one certified police chief of a New
Mexico Indian nation, tribe or pueblo;
(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;
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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
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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 ].
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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;
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(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:
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(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
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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
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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
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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
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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
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(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;
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(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;
(c) concentration and intentionality of
action;
(d) awareness of environment and
collateral damage or harm;
(e) critical observation to preserve
evidence; and
(f) cooperation and coordination within
each team;
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(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
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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
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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
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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
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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
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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:
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"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
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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
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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
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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
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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
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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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