A. Counties, municipalities or private organizations, individually or jointly, may apply for grants from the fund, including grants for counties or municipalities to purchase contractual services from private organizations, provided that:

(1) the application is for funding a program with priority use being for criminal offenders;

(2) the applicant certifies that it is willing and able to operate the program according to standards provided by the department;

(3) the applicant demonstrates the support of key components of the criminal justice system;

(4) the applicant, if a private organization, demonstrates the support of the county and municipality where the program will provide services;

(5) the applicant certifies that it will utilize volunteer services as an integral portion of the program to the maximum extent feasible; and

(6) no class A county as defined in Section 4-44-1 NMSA 1978, alone or in conjunction with any municipality within a class A county, shall receive more than forty-nine percent of any money appropriated to the fund.

B. The department may use the fund to place individuals eligible for probation or parole in community-based settings. The department may also use the fund to place criminal offenders within twelve months of eligibility for parole in community-based settings; provided that the criminal offender has never been convicted of a felony offense involving the use of a firearm. The adult parole board may, in its discretion, require participation by a criminal offender in a program as a condition of parole pursuant to the provisions of Section 31-21-10 NMSA 1978.

C. The department may authorize use of the fund for adults who are not criminal offenders with prior department approval, if the priority use does not result in full use of the fund or the capacity of a program, or the department may authorize additional programs or additional funding for existing programs.

D. The department may contract directly for programs, including programs for New Mexico Indian tribes and pueblos for diversion of state law offenders, and may establish and operate adult community corrections programs.

E. The department shall establish additional guidelines for allocation of funds under the Adult Community Corrections Act.

History: Laws 1983, ch. 202, § 5; 1986, ch. 68, § 2; 1987, ch. 341, § 3; 1988, ch. 101, § 35; 1989, ch. 219, § 4; 1991, ch. 201, § 1; 1997, ch. 11, § 1; 2013, ch. 165, § 1.

Cross references. — For adult parole board, see 9-3-11 NMSA 1978.

The 2013 amendment, effective July 1, 2013, eliminated the state selection panel and the local selection panel; in Paragraph (1) of Subsection A, after "criminal offenders", deleted "selected pursuant to the provisions of Section 33-9-7 NMSA 1978"; in Paragraph (2) of Subsection A, after "provided by the department" deleted the remainder of the sentence, which provided for the negotiation of contracts between the offender and the program staff for deduction from the offender's income for the benefit of the victim and deleted the second sentence, which provided for community service; in Subsection B, at the beginning of the paragraph, deleted "Notwithstanding the provisions of Subsection A of this section", in the first sentence, after "eligible for", added "probation or"; in Subsection C, after "The department may", deleted "utilize not more than twenty-five percent of the fund to", after "state law offenders", deleted "or to" and added "and may", after "may establish", added "and operate adult community corrections", and after "community corrections programs", deleted the remainder of the sentence, which authorized the department to use part of the community corrections grant fund to operate adult community corrections programs if it does not receive satisfactory proposals from a community; and in Subsection D, deleted the second sentence, which authorized an applicant to accept or reject any person in a program.

The 1997 amendment, effective July 1, 1997, in Paragraph B(1), deleted "or within twelve months of eligibility" following "eligible" in the the first sentence, added the second sentence, and made a minor stylistic change.

The 1991 amendment, effective June 14, 1991, deleted "the amount requested is for not more than ninety-five percent of total program costs for the proposed program. The five percent of total program costs provided by the applicant may consist of in-kind administrative services" at the beginning of Paragraph (6) in Subsection A.

The 1989 amendment, effective July 1, 1989, deleted "or 32-2-6 NMSA 1978" following "31-12-10" in the second sentence of Subsection B(1), substituted "sixty percent" for "an additional ten percent" near the middle of Subsection C, and inserted "Adult" in the first sentence of Subsection D.