Missing persons information clearinghouse; function.

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A. The "missing persons information clearinghouse" is established in the department of public safety. The department of public safety shall provide for the administration of the clearinghouse. The department of public safety may adopt rules to carry out the provisions of the Missing Persons Information and Reporting Act in the manner prescribed in Subsection E of Section 9-1-5 NMSA 1978.

B. The clearinghouse is a central repository of information on missing persons and shall be used by all law enforcement agencies, including tribal agencies, in this state.

C. The clearinghouse shall:

(1) establish a system of intrastate communication of information relating to missing persons;

(2) provide a centralized file for the exchange of information on missing persons and unidentified human remains within the state;

(3) communicate with the national crime information center for the exchange of information on missing persons suspected of interstate travel;

(4) collect, process, maintain and disseminate accurate and complete information on missing persons;

(5) provide a statewide toll-free telephone line for the reporting of missing persons and for receiving information on missing persons;

(6) disseminate to custodians, law enforcement agencies, the public education department, the children, youth and families department and the general public information that explains how to prevent child abduction and what to do if a child becomes missing;

(7) compile statistics relating to the incidence of missing persons within the state;

(8) provide training and technical assistance to law enforcement agencies and social services agencies pertaining to missing persons; and

(9) establish a media protocol for disseminating information pertaining to missing persons.

D. The clearinghouse shall print and distribute posters, flyers and other forms of information containing descriptions of missing persons.

E. The department of public safety may accept public or private grants, gifts and donations to assist the department in carrying out the provisions of the Missing Persons Information and Reporting Act.

History: Laws 1995, ch. 146, § 3; 2010, ch. 33, § 4.

ANNOTATIONS

Temporary provisions. — Laws 2019, ch. 106, § 1, effective March 28, 2019, provided:

A. The "missing and murdered indigenous women task force" is created and shall exist until the end of fiscal year 2021.

B. The task force consists of:

(1) the secretary of Indian affairs or the secretary's designee from the Indian affairs department, who shall be chair of the task force;

(2) the secretary of public safety or the secretary's designee from the department of public safety;

(3) a representative of the United State bureau of Indian affairs office of justice services designated by the southwest region's deputy regional director for Indian services of the bureau of Indian affairs;

(4) one person who is a member of a pueblo, appointed by the governor;

(5) one person who is a member of the Jicarilla Apache Nation, appointed by the governor;

(6) one person who is a member of the Mescalero Apache Tribe, appointed by the governor;

(7) one person who is a member of the Navajo Nation, appointed by the governor;

(8) one person from the office of the medical investigator;

(9) one person who is a representative of an indigenous women's nongovernmental organization that provides counseling services for indigenous women and girls who have been victims of violence, appointed by the governor;

(10) one person who is a representative of a statewide or local nongovernmental organization that provides legal services to indigenous women and girls who have been victims of violence, appointed by the governor; and

(11) one person who is an indigenous woman who has been a victim of violence or a family member of an indigenous woman who has been a victim of violence, appointed by the governor.

C. Vacancies by members of the task force appointed by the governor shall be filled by appointment by the governor.

D. Task force members appointed by the governor may receive per diem and mileage as provided for non-salaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

E. The task force shall conduct a study to determine how to increase state resources for reporting and identifying missing and murdered indigenous women in the state. The task force shall collaborate with tribal law enforcement agencies to determine the scope of the problem, identify barriers to address the problem and create partnerships to improve the reporting of and the investigation of missing and murdered indigenous women.

F. The task force shall work with tribal governments and shall respect tribal sovereignty. The task force shall collaborate with the United States department of justice to improve its processes for information sharing and coordination of resources in regard to reporting and investigating cases of missing and murdered indigenous women in the state.

G. The task force shall report its findings and recommendations to the governor, the legislative council service library and the appropriate interim legislative committee and present those findings to the appropriate interim legislative committee prior to November 1, 2020.

The 2010 amendment, effective May 19, 2010, in Subsection A, in the third sentence, after "may adopt rules", deleted "and regulations" and changed the name of the act from the "Missing Persons Information Act" to the "Missing Persons Information and Reporting Act"; in Subsection C(2), after "persons and unidentified", deleted "bodies of persons" and added "human remains"; in Subsection C(6), changed "state department of public education" to "public education department"; and in Subsection E, changed the name of the act from the "Missing Persons Information Act" to the "Missing Persons Information and Reporting Act".


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