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This should alleviate concerns of statewide inconsistency if local sheriffs were to make the determination. Appropriate changes have been made throughout the proposed rule to reflect this change in the decision maker. DPS proposes amending the proposed rule to provide that DPS and not the individual local sheriffs make the initial determination whether the crime for which the out-of-state registrant was convicted in another jurisdiction is the equivalent of a crime identified by the Legislature in Section 29-11A-3, and the out-of-state registrant is thus required o register as a sex offender in New Mexico.
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The DPS deems it necessary to adopt Rule 10.2.3 to carry out the provisions of the Sex Offender Registration and Notification Act, by establishing a procedure delineating the responsibilities of DPS and the local sheriffs with respect to determining whether an out-of-state registrant (“any person who establishes a residence in New Mexico while the person is required to register as a sex offender in another state or territory”), is required to register as a sex offender in New Mexico and by providing a procedure by which an out-of-state registrant may request reconsideration and appeal of the administrative determination that he or she must register, which procedure includes notice, an opportunity to be heard and judicial review.ĭPS believes some suggested modifications to the proposed rule are appropriate and should be adopted. The DPS Concise Explanatory Statement for Rulemaking Adoption is set forth below: On June 10, 2021, DPS adopted the proposed rule NMAC 10.2.3., as amended.
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UPDATE: Proposed Rule NMAC 10.2.3 Procedure to Contest SORNA Equivalency Determination, ADOPTED AS AMENDED on June 10, 2021.