HB 292

                                1  HOUSE BILL HB0292
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Dayan Hochman-Vigil and Elizabeth "Liz" Stefanics
                                5  and Nicole Chavez
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO CORRECTIONAL INSTITUTIONS; ENACTING THE NEW MEXICO
                                12   PRISON RAPE ELIMINATION ACT; PROVIDING REQUIREMENTS; PROVIDING
                                13   EXCEPTIONS.
                                14
                                15   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                16        SECTION 1.   [NEW MATERIAL] SHORT TITLE.--This act may be
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                                17   cited as the "New Mexico Prison Rape Elimination Act".
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                                18        SECTION 2.   [NEW MATERIAL] DEFINITIONS.--As used in the
                                19   New Mexico Prison Rape Elimination Act:
                                20  A.   "agency" means the unit of a state, local,
                                21   corporate or nonprofit authority with direct responsibility for
                                22   the operation of a facility that confines inmates, detainees or
                                23   residents, including the implementation of policy as set by the
                                24   governing, corporate or nonprofit authority;
                                25  B.   "agency head" means the principal official of an
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                                1    agency;
                                2  C.   "community confinement facility" means a
                                3    community treatment center, a halfway house, a restitution
                                4    center, a mental health facility, an alcohol or drug
                                5    rehabilitation center or other community correctional facility,
                                6    including residential reentry centers, other than a juvenile
                                7    facility, in which individuals reside as part of a term of
                                8    imprisonment or as a condition of pretrial release or
                                9    post-release supervision while participating in gainful
                                10   employment, employment search efforts, community service,
                                11   vocational training, treatment, educational programs or similar
                                12   facility-approved programs during nonresidential hours;
                                13  D.   "contractor" means a person that provides
                                14   services on a recurring basis pursuant to a contractual
                                15   agreement with an agency;
                                16  E.   "detainee" means a person detained in a lockup,
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                                17   regardless of adjudication status;
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                                18  F.   "direct staff supervision" means that security
                                19   staff are in the same room with, and within reasonable hearing
                                20   distance of, a resident or an inmate;
                                21  G.   "employee" means a person who works directly for
                                22   an agency or a facility;
                                23  H.   "exigent circumstances" means any set of
                                24   temporary and unforeseen circumstances that requires immediate
                                25   action in order to combat a threat to the security or
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                                1    institutional order of a facility;
                                2  I.   "facility" means an individual prison, jail,
                                3    lockup, community confinement facility, detention facility,
                                4    juvenile facility, place, institution, building or part of a
                                5    building, set of buildings, structure or area, whether or not
                                6    enclosing a building or set of buildings, that is used by an
                                7    agency for the confinement of individuals;
                                8  J.   "facility head" means the principal official of
                                9    a facility;
                                10  K.   "gender nonconforming" means a person whose
                                11   appearance or manner does not conform to traditional societal
                                12   gender expectations;
                                13  L.   "inmate" means a person incarcerated or detained
                                14   in a prison or jail;
                                15  M.   "intersex" means a person whose sexual or
                                16   reproductive anatomy or chromosomal pattern does not fit
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                                17   typical definitions of male or female;
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                                18  N.   "jail" means a confinement facility of a state
                                19   or local law enforcement agency whose primary use is to hold
                                20   persons pending adjudication of criminal charges, persons
                                21   committed to confinement after adjudication of criminal charges
                                22   for sentences of one year or less or persons adjudicated guilty
                                23   who are awaiting transfer to a correctional facility;
                                24  O.   "juvenile" means a person under the age of
                                25   eighteen, unless under adult court supervision and confined or
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                                1    detained in a prison or jail;
                                2  P.   "juvenile facility" means a facility primarily
                                3    used for the confinement of juveniles pursuant to the juvenile
                                4    justice system or criminal justice system;
                                5  Q.   "law enforcement staff" means employees
                                6    responsible for the supervision and control of detainees in
                                7    lockups;
                                8  R.   "lockup" means a facility that contains holding
                                9    cells, cell blocks or other secure enclosures that are:
                                10  (1)   under the control of a law enforcement,
                                11   court or custodial officer; and
                                12  (2)   primarily used for the temporary
                                13   confinement of individuals who have recently been arrested or
                                14   detained or are being transferred to or from a court, jail,
                                15   prison or other agency;
                                16  S.   "medical practitioner" means a health
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                                17   professional who, by virtue of education, credentials and
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                                18   experience, is permitted by law to evaluate and care for
                                19   patients within the scope of the medical practitioner's
                                20   professional practice;
                                21  T.   "mental health practitioner" means a mental
                                22   health professional who, by virtue of education, credentials
                                23   and experience, is permitted by law to evaluate and care for
                                24   patients within the scope of the mental health practitioner's
                                25   professional practice;
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                                1  U.    "pat-down search" means a running of the hands
                                2    over the clothed body of an inmate, a detainee or a resident by
                                3    an employee to determine whether the individual possesses
                                4    contraband;
                                5  V.    "prison" means an institution under federal or
                                6    state jurisdiction whose primary use is for the confinement of
                                7    individuals convicted of a serious crime, usually for a term in
                                8    excess of one year in length, or a felony;
                                9  W.    "qualified medical practitioner" means a medical
                                10   practitioner who has successfully completed specialized
                                11   training for treating victims of sexual abuse;
                                12  X.    "qualified mental health practitioner" means a
                                13   mental health practitioner who has successfully completed
                                14   specialized training for treating victims of sexual abuse;
                                15  Y.    "resident" means a person confined or detained
                                16   in a juvenile facility or in a community confinement facility;
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                                17  Z.    "restricted housing", whether instituted
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                                18   pursuant to disciplinary, administrative, inmate classification
                                19   or other action, means confinement of an inmate locked in a
                                20   cell or similar living quarters in a correctional facility for
                                21   twenty-two or more hours each day without daily, meaningful and
                                22   sustained human interaction;
                                23  AA.    "security staff" means employees primarily
                                24   responsible for the supervision and control of inmates,
                                25   detainees or residents in housing units, recreational areas,
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                                1    dining areas and other program areas of a facility;
                                2  BB.   "strip search" means a search that requires a
                                3    person to remove or arrange some or all clothing so as to
                                4    permit a visual inspection of the person's breasts, buttocks or
                                5    genitalia;
                                6  CC.   "substantiated" means that an allegation was
                                7    investigated and determined to have occurred;
                                8  DD.   "transgender" means a person whose gender
                                9    identity is different from the person's assigned sex at birth;
                                10  EE.   "unfounded" means that an allegation has been
                                11   investigated and determined by definitive evidence not to have
                                12   occurred.     An allegation where the evidence is sufficient to
                                13   conclude that the conduct at issue occurred or may have
                                14   occurred but the conduct did not amount to a violation of the
                                15   New Mexico Prison Rape Elimination Act is excluded from the
                                16   definition of "unfounded";
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                                17  FF.   "unsubstantiated" means an allegation has been
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                                18   investigated, and the investigation produced insufficient
                                19   evidence to make a final determination as to whether or not the
                                20   event occurred;
                                21  GG.   "volunteer" means an individual who donates
                                22   time and effort on a recurring basis to enhance the activities
                                23   and programs of an agency;
                                24  HH.   "youthful inmate" means a person under the age
                                25   of eighteen who is under adult court supervision and
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                                1    incarcerated or detained in a prison or jail; and
                                2  II.     "youthful detainee" means a person under the
                                3    age of eighteen who is under adult court supervision and
                                4    detained in a lockup.
                                5  SECTION 3.    [NEW MATERIAL] SEXUAL ABUSE AND SEXUAL
                                6    HARASSMENT--NEW MEXICO PRISON RAPE ELIMINATION ACT
                                7    COORDINATOR.--
                                8  A.     An agency shall have a written policy mandating
                                9    zero tolerance toward all forms of sexual abuse and sexual
                                10   harassment and outlining the agency's approach to preventing,
                                11   detecting and responding to sexual abuse and sexual harassment.
                                12  B.     An agency shall employ or designate an
                                13   upper-level, agency-wide New Mexico Prison Rape Elimination Act
                                14   coordinator with sufficient time and authority to develop,
                                15   implement and oversee the agency's efforts to comply with the
                                16   provisions of the New Mexico Prison Rape Elimination Act in the
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                                17   agency's facilities.
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                                18  C.     If an agency operates more than one facility,
                                19   each facility shall designate a New Mexico Prison Rape
                                20   Elimination Act compliance manager with sufficient time and
                                21   authority to coordinate the facility's efforts to comply with
                                22   the provisions of the New Mexico Prison Rape Elimination Act.
                                23  D.     "Sexual abuse" includes:
                                24  (1)   sexual abuse of an inmate, a detainee or a
                                25   resident by another inmate, detainee or resident; and
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                                1  (2)   sexual abuse of an inmate, a detainee or a
                                2    resident by an employee, a contractor or a volunteer.
                                3  E.     Sexual abuse of an inmate, a detainee or a
                                4    resident by another inmate, detainee or resident includes the
                                5    following acts, if the victim does not consent, is coerced into
                                6    such act by overt or implied threats of violence or is unable
                                7    to consent or refuse:
                                8  (1)   contact between the penis and the vulva or
                                9    the penis and the anus, including penetration, however slight;
                                10  (2)   contact between the mouth and the penis,
                                11   vulva or anus;
                                12  (3)   penetration of the anal or genital opening
                                13   of another person, however slight, by a hand, a finger, an
                                14   object or other instrument;
                                15  (4)   any other intentional touching, either
                                16   directly or through clothing, of the genitalia, anus, groin,
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                                17   breast, inner thigh or buttocks of another person, excluding
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                                18   contact incidental to a physical altercation; and
                                19  (5)   as otherwise provided in Sections 30-9-1
                                20   through 30-9-21 NMSA 1978.
                                21  F.     Sexual abuse of an inmate, a detainee or a
                                22   resident by an employee, a contractor or a volunteer includes
                                23   the following acts, with or without consent of the inmate,
                                24   detainee or resident:
                                25  (1)   contact between the penis and the vulva or
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                                1    the penis and the anus, including penetration, however slight;
                                2  (2)   contact between the mouth and the penis,
                                3    vulva or anus;
                                4  (3)   contact between the mouth and any body
                                5    part where the employee, contractor or volunteer has the intent
                                6    to abuse, arouse or gratify sexual desire;
                                7  (4)   penetration of the anal or genital
                                8    opening, however slight, by a hand, a finger, an object or
                                9    other instrument, that is unrelated to official duties or where
                                10   the employee, contractor or volunteer has the intent to abuse,
                                11   arouse or gratify sexual desire;
                                12  (5)   any other intentional contact, either
                                13   directly or through clothing, of or with the genitalia, anus,
                                14   groin, breast, inner thigh or buttocks that is unrelated to
                                15   official duties or where the employee, contractor or volunteer
                                16   has the intent to abuse, arouse or gratify sexual desire;
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                                17  (6)   an attempt, a threat or a request by an
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                                18   employee, a contractor or a volunteer to engage in the
                                19   activities described in this subsection;
                                20  (7)   a display by an employee, a contractor or
                                21   a volunteer of the employee's, contractor's or volunteer's
                                22   uncovered genitalia, buttocks or breast in the presence of an
                                23   inmate, a detainee or a resident;
                                24  (8)   voyeurism by an employee, a contractor or
                                25   a volunteer.     "Voyeurism by an employee, a contractor or a
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                                1    volunteer" means an invasion of privacy of an inmate, a
                                2    detainee or a resident by staff for reasons unrelated to
                                3    official duties, such as peering at an inmate who is using a
                                4    toilet in the inmate's cell to perform bodily functions;
                                5    requiring an inmate to expose the inmate's buttocks, genitals
                                6    or breasts; or taking images of all or part of an inmate's
                                7    naked body or of an inmate performing bodily functions; and
                                8  (9)   as otherwise provided in Sections 30-9-1
                                9    through 30-9-21 NMSA 1978.
                                10  G.   "Sexual harassment" includes:
                                11  (1)   repeated and unwelcome sexual advances,
                                12   requests for sexual favors or verbal comments, gestures or
                                13   actions of a derogatory or an offensive sexual nature by one
                                14   inmate, detainee or resident directed toward another; and
                                15  (2)   repeated verbal comments or gestures of a
                                16   sexual nature to an inmate, a detainee or a resident by an
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                                17   employee, a contractor or a volunteer, including demeaning
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                                18   references to gender, sexually suggestive or derogatory
                                19   comments about body or clothing or obscene language or
                                20   gestures.
                                21        SECTION 4.     [NEW MATERIAL] CONTRACTS FOR CONFINEMENT OF
                                22   INMATES.--
                                23  A.   An agency that contracts for the confinement of
                                24   the agency's inmates with an agency or other entity shall
                                25   include in a new contract or contract renewal the entity's
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                                1    obligation to comply with the provisions of the New Mexico
                                2    Prison Rape Elimination Act.
                                3  B.    A new contract or contract renewal shall provide
                                4    for agency contract monitoring to ensure that the contractor is
                                5    complying with the provisions of the New Mexico Prison Rape
                                6    Elimination Act.
                                7  SECTION 5.     [NEW MATERIAL] SUPERVISION AND MONITORING OF
                                8    FACILITIES.--
                                9  A.    An agency shall ensure that each facility the
                                10   agency operates shall develop, document and make the facility's
                                11   best efforts to comply with a staffing plan that provides for
                                12   adequate levels of staffing and, where applicable, video
                                13   monitoring to protect inmates against sexual abuse.        In
                                14   calculating adequate staffing levels and determining the need
                                15   for video monitoring, a facility shall take into consideration:
                                16  (1)   generally accepted detention and
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                                17   correctional practices;
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                                18  (2)   any judicial findings of inadequacy;
                                19  (3)   any findings of inadequacy from
                                20   investigative agencies;
                                21  (4)   any findings of inadequacy from internal
                                22   or external oversight bodies;
                                23  (5)   all components of the facility's physical
                                24   plant, including blind spots or areas where staff or inmates
                                25   may be isolated;
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                                1  (6)    the composition of the inmate population;
                                2  (7)    the number and placement of supervisory
                                3    employees;
                                4  (8)    institution programs occurring on a
                                5    particular shift;
                                6  (9)    applicable state or local laws,
                                7    regulations or standards;
                                8  (10)   the prevalence of substantiated and
                                9    unsubstantiated incidents of sexual abuse; and
                                10  (11)   any other relevant factors.
                                11  B.   In instances where the staffing plan is not
                                12   complied with, the facility shall document and justify all
                                13   deviations from the plan.
                                14  C.   Whenever necessary, but at least once each year,
                                15   for each facility that an agency operates, in consultation with
                                16   the   agency's New Mexico Prison Rape Elimination Act
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                                17   coordinator, the agency shall assess, determine and document
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                                18   whether adjustments are needed to:
                                19  (1)    the staffing plan established pursuant to
                                20   Subsection A of this section;
                                21  (2)    the facility's deployment of video
                                22   monitoring systems and other monitoring technologies; and
                                23  (3)    the resources that the facility has
                                24   available to commit to ensure adherence to the staffing plan.
                                25  D.   An agency operating a facility shall implement a
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                                1    policy and practice of having intermediate-level or higher-
                                2    level supervisors conduct and document unannounced rounds to
                                3    identify and deter staff sexual abuse and sexual harassment.
                                4    The policy and practice shall be implemented for night shifts
                                5    and day shifts.      An agency shall have a policy to prohibit
                                6    staff from alerting other employees that the supervisory rounds
                                7    are occurring, unless the announcement is related to the
                                8    legitimate operational functions of the facility.
                                9  SECTION 6.      [NEW MATERIAL] YOUTHFUL INMATES.--
                                10  A.    A youthful inmate shall not be placed in a
                                11   housing unit in which the youthful inmate will have sight,
                                12   sound or physical contact with an adult inmate through use of a
                                13   shared dayroom or other common space, shower area or sleeping
                                14   quarters.
                                15  B.    In areas outside of housing units, a facility
                                16   shall:
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                                17  (1)   maintain sight and sound separation
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                                18   between youthful inmates and adult inmates; or
                                19  (2)   provide direct staff supervision when
                                20   youthful inmates and adult inmates have sight, sound or
                                21   physical contact.
                                22  C.    Pursuant to the Restricted Housing Act, a
                                23   youthful inmate shall not be placed in restricted housing for
                                24   any reason.      A youthful inmate shall have access to programs
                                25   and work opportunities to the extent possible.
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                                1  SECTION 7.    [NEW MATERIAL] CROSS-GENDER VIEWING AND
                                2    SEARCHES.--
                                3  A.     A facility shall not conduct cross-gender strip
                                4    searches or cross-gender visual body cavity searches, including
                                5    a search of the anal or genital opening, except in exigent
                                6    circumstances or when performed by a medical practitioner.
                                7  B.     For a facility whose rated capacity does not
                                8    exceed fifty inmates, the facility shall not permit cross-
                                9    gender pat-down searches of female inmates, absent exigent
                                10   circumstances.    Facilities shall not restrict female inmates'
                                11   access to regularly available programming or other out-of-cell
                                12   opportunities in order to comply with this section.
                                13  C.     A facility shall document all cross-gender strip
                                14   searches, cross-gender visual body cavity searches and cross-
                                15   gender pat-down searches of female inmates.
                                16  D.     A facility shall implement policies and
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                                17   procedures that enable inmates to shower, perform bodily
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                                18   functions and change clothing without nonmedical staff of the
                                19   opposite gender viewing the inmates' breasts, buttocks or
                                20   genitalia, except in exigent circumstances or when such viewing
                                21   is incidental to routine cell checks.    Policies and procedures
                                22   shall require an employee of the opposite gender to announce
                                23   the employee's presence when entering an inmate housing unit.
                                24  E.     A facility shall not search or physically
                                25   examine a transgender or an intersex inmate for the sole
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                                1    purpose of determining the inmate's genital status.     If the
                                2    inmate's genital status is unknown, it may be determined during
                                3    conversations with the inmate, by reviewing medical records or,
                                4    if necessary, by learning that information as part of a broader
                                5    medical examination conducted in private by a medical
                                6    practitioner.
                                7  F.     An agency shall train security staff in how to
                                8    conduct cross-gender pat-down searches and searches of
                                9    transgender and intersex inmates in a professional and
                                10   respectful manner and in the least intrusive manner possible,
                                11   consistent with security needs.
                                12        SECTION 8.     [NEW MATERIAL] INMATES WITH DISABILITIES AND
                                13   INMATES WHO ARE LIMITED IN ENGLISH PROFICIENCY.--
                                14  A.     An agency shall take appropriate steps to ensure
                                15   that inmates with disabilities, including inmates who are deaf
                                16   or hard of hearing, who are blind or have low vision or who
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                                17   have intellectual, psychiatric or speech disabilities, have an
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                                18   equal opportunity to participate in or benefit from all aspects
                                19   of the agency's efforts to prevent, detect and respond to
                                20   sexual abuse and sexual harassment.     Steps shall include, when
                                21   necessary to ensure effective communication with inmates who
                                22   are deaf or hard of hearing, providing access to interpreters
                                23   who can interpret effectively, accurately and impartially, both
                                24   receptively and expressively, using any necessary specialized
                                25   vocabulary.     An agency shall ensure that written materials are
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                                1    provided in formats or through methods that ensure effective
                                2    communication with inmates with disabilities, including inmates
                                3    who have intellectual disabilities or limited reading skills or
                                4    who are blind or have low vision.     An agency is not required to
                                5    take actions that the agency can demonstrate would result in a
                                6    fundamental alteration in the nature of a service, a program or
                                7    an activity or in undue financial and administrative burdens as
                                8    those terms are used in regulations promulgated under Title II
                                9    of the federal Americans with Disabilities Act of 1990.
                                10  B.   An agency shall take reasonable steps to ensure
                                11   meaningful access to all aspects of the agency's efforts to
                                12   prevent, detect and respond to sexual abuse and sexual
                                13   harassment to inmates who are limited in English proficiency,
                                14   including steps to provide interpreters who can interpret
                                15   effectively, accurately and impartially, both receptively and
                                16   expressively, using any necessary specialized vocabulary.
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                                17  C.   An agency shall not rely on inmate interpreters,
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                                18   inmate readers or other types of inmate assistants except in
                                19   limited circumstances where an extended delay in obtaining an
                                20   effective interpreter could compromise an inmate's safety, the
                                21   performance of first-response duties or the investigation of an
                                22   inmate's allegations.
                                23        SECTION 9.   [NEW MATERIAL] HIRING AND PROMOTION
                                24   DECISIONS.--
                                25  A.   An agency shall not hire or promote a person who
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                                1    may have contact with inmates, and shall not enlist the
                                2    services of a contractor who may have contact with inmates, who
                                3    has:
                                4  (1)   engaged in sexual abuse in a prison, jail,
                                5    lockup, community confinement facility, juvenile facility or
                                6    other institution;
                                7  (2)   been convicted of engaging or attempting
                                8    to engage in sexual activity in the community facilitated by
                                9    force, overt or implied threats of force or coercion or if the
                                10   victim did not consent or was unable to consent or refuse; or
                                11  (3)   been civilly or administratively
                                12   adjudicated to have engaged in an activity described in
                                13   Paragraph (2) of this subsection.
                                14  B.   An agency shall consider any incidents of sexual
                                15   harassment in determining whether to hire or promote a person
                                16   or to enlist the services of a contractor who may have contact
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                                17   with inmates.
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                                18  C.   Before hiring a new employee who may have
                                19   contact with inmates, an agency shall:
                                20  (1)   perform a criminal background records
                                21   check; and
                                22  (2)   make the agency's best efforts to contact
                                23   all prior institutional employers for information on
                                24   substantiated allegations of sexual abuse or any resignation
                                25   during a pending investigation of an allegation of sexual
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                                1    abuse.
                                2  D.   An agency shall perform a criminal background
                                3    records check before enlisting the services of a contractor who
                                4    may have contact with inmates.
                                5  E.   An agency shall conduct criminal background
                                6    records checks at least every five years of current employees
                                7    and contractors who may have contact with inmates or have in
                                8    place a system for otherwise capturing such information for
                                9    current employees.
                                10  F.   An agency shall ask all applicants and employees
                                11   who may have contact with inmates directly about previous
                                12   misconduct described in Subsection A of this section in written
                                13   applications or interviews for hiring or promotions and in
                                14   interviews or written self-evaluations conducted as part of
                                15   reviews of current employees.    An agency shall impose upon
                                16   employees a continuing affirmative duty to disclose any such
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                                17   misconduct.
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                                18  G.   Material omissions regarding sexual misconduct
                                19   or the provision of materially false information shall be
                                20   grounds for termination.
                                21  H.   An agency shall provide information on
                                22   substantiated allegations of sexual abuse or sexual harassment
                                23   involving a former employee upon receiving a request from an
                                24   employer for whom the employee has applied to work.
                                25        SECTION 10.     [NEW MATERIAL] UPGRADES TO FACILITIES AND
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                                1    TECHNOLOGY.--
                                2  A.    When designing or acquiring a new facility, or
                                3    in planning a substantial expansion or modification of an
                                4    existing facility, an agency shall consider the effect of the
                                5    design, acquisition, expansion or modification upon the
                                6    agency's ability to protect inmates from sexual abuse.
                                7  B.    When installing or updating a video monitoring
                                8    system, an electronic surveillance system or other monitoring
                                9    technology, an agency shall consider how the technology may
                                10   enhance the agency's ability to protect inmates from sexual
                                11   abuse.
                                12        SECTION 11.   [NEW MATERIAL] EVIDENCE PROTOCOL--FORENSIC
                                13   MEDICAL EXAMINATIONS.--
                                14  A.    An agency shall follow a uniform evidence
                                15   protocol that maximizes the potential for obtaining usable
                                16   physical evidence for administrative proceedings and criminal
[bracketed material] = delete
                                17   prosecutions when investigating allegations of sexual abuse.
underscored material = new
                                18  B.    An evidence protocol pursuant to Subsection A of
                                19   this section shall be developmentally appropriate for youth
                                20   where applicable and shall be adapted from or otherwise based
                                21   on the most recent edition of the publication of the office on
                                22   violence against women of the United States department of
                                23   justice, "A National Protocol for Sexual Assault Medical
                                24   Forensic Examinations, Adults/Adolescents", or similarly
                                25   comprehensive and authoritative protocols developed after 2024.
                                     .233207.2ms
                                                                  - 19 -
                                1  C.   An agency shall offer a victim of sexual abuse
                                2    access to forensic medical examinations, whether on site or at
                                3    an outside facility, without financial cost, where
                                4    evidentiarily or medically appropriate.    The examinations shall
                                5    be performed by a sexual assault forensic examiner or a sexual
                                6    assault nurse examiner where possible.    If a sexual assault
                                7    forensic examiner or a sexual assault nurse examiner cannot be
                                8    made available, the examination may be performed by another
                                9    qualified medical practitioner.   The agency shall document the
                                10   agency's efforts to provide a sexual assault forensic examiner
                                11   or a sexual assault nurse examiner.
                                12  D.   An agency shall attempt to make available to a
                                13   victim of sexual abuse a victim advocate from a rape crisis
                                14   center.   If a rape crisis center is not available to provide
                                15   victim advocate services, the agency shall make available to
                                16   provide the services a qualified community-based staff member
[bracketed material] = delete
                                17   or a qualified agency staff member.   An agency shall document
underscored material = new
                                18   efforts to secure services from rape crisis centers.    An agency
                                19   may use a rape crisis center that is part of a governmental
                                20   unit as long as the center is not part of the criminal justice
                                21   system, including a law enforcement agency, and offers a
                                22   comparable level of confidentiality to a nongovernmental entity
                                23   that provides similar victim services.
                                24  E.   If requested by a victim of sexual abuse, the
                                25   victim's victim advocate or a qualified agency staff member or
                                     .233207.2ms
                                                                  - 20 -
                                1    qualified community-based staff member shall accompany and
                                2    support the victim through the forensic medical examination
                                3    process and investigatory interviews and shall provide
                                4    emotional support, crisis intervention, information and
                                5    referrals.
                                6  F.   To the extent an agency is not responsible for
                                7    investigating allegations of sexual abuse, the agency shall
                                8    request that an investigating agency follow the requirements of
                                9    Subsections A through E of this section.
                                10  G.   The requirements of Subsections A through F of
                                11   this section shall apply to any state, county or local entity
                                12   outside of the agency that is responsible for investigating
                                13   allegations of sexual abuse in prisons or jails.
                                14  H.   As used in this section:
                                15  (1)   "rape crisis center" means an entity that
                                16   provides intervention and related assistance, such as the
[bracketed material] = delete
                                17   services specified in 42 U.S.C. 14043g(b)(2)(C), to victims of
underscored material = new
                                18   sexual assault of all ages; and
                                19  (2)   "qualified agency staff member" and
                                20   "qualified community-based staff member" means an individual
                                21   who has been screened for appropriateness to serve in that role
                                22   and has received education concerning sexual assault and
                                23   forensic examination issues in general.
                                24        SECTION 12.     [NEW MATERIAL] REFERRALS OF ALLEGATIONS FOR
                                25   INVESTIGATION.--
                                     .233207.2ms
                                                                     - 21 -
                                1  A.   An agency shall ensure that an administrative or
                                2    a criminal investigation is completed for all allegations of
                                3    sexual abuse and sexual harassment.
                                4  B.   The agency shall have in place a policy to
                                5    ensure that allegations of sexual abuse or sexual harassment
                                6    are referred for investigation to an agency with the legal
                                7    authority to conduct criminal investigations, unless the
                                8    allegation does not involve potentially criminal behavior.      The
                                9    agency shall publish such policy on its website or, if the
                                10   agency does not have a website, make the policy available
                                11   through other means.   The agency shall document all referrals.
                                12  C.   A state, local or county entity responsible for
                                13   conducting administrative or criminal investigations of sexual
                                14   abuse or sexual harassment in prisons or jails shall have in
                                15   place a policy governing the conduct of those investigations.
                                16        SECTION 13.   [NEW MATERIAL] EMPLOYEE TRAINING--VOLUNTEER
[bracketed material] = delete
                                17   TRAINING.--
underscored material = new
                                18  A.   An agency shall train an employee who may have
                                19   contact with inmates on:
                                20  (1)    the agency's zero-tolerance policy for
                                21   sexual abuse and sexual harassment;
                                22  (2)    how to fulfill the employee's
                                23   responsibilities under the agency's sexual abuse and sexual
                                24   harassment prevention, detection, reporting and response
                                25   policies and procedures;
                                     .233207.2ms
                                                                   - 22 -
                                1  (3)    the right of inmates to be free from
                                2    sexual abuse and sexual harassment;
                                3  (4)    the right of inmates and employees to be
                                4    free from retaliation for reporting sexual abuse and sexual
                                5    harassment;
                                6  (5)    the dynamics of sexual abuse and sexual
                                7    harassment in confinement;
                                8  (6)    the common reactions of victims of sexual
                                9    abuse and sexual harassment;
                                10  (7)    how to detect and respond to signs of
                                11   threatened and actual sexual abuse;
                                12  (8)    how to avoid inappropriate relationships
                                13   with inmates;
                                14  (9)    how to communicate effectively and
                                15   professionally with inmates, including lesbian, gay, bisexual,
                                16   transgender, intersex or gender nonconforming inmates; and
[bracketed material] = delete
                                17  (10)   how to comply with relevant laws related
underscored material = new
                                18   to mandatory reporting of sexual abuse to outside authorities.
                                19  B.   Employee training pursuant to this section shall
                                20   be tailored to the gender of the inmates at the employee's
                                21   facility.     An employee shall receive additional training if the
                                22   employee is reassigned from a facility of one gender to a
                                23   facility of the opposite gender.
                                24  C.   An agency shall provide each employee with
                                25   refresher training every two years to ensure that all employees
                                     .233207.2ms
                                                                      - 23 -
                                1    know the agency's current sexual abuse and sexual harassment
                                2    policies and procedures.    In years in which an employee does
                                3    not receive refresher training, the agency shall provide
                                4    refresher information on the agency's current sexual abuse and
                                5    sexual harassment policies.
                                6  D.   An agency shall document, through employee
                                7    signature or electronic verification, that an employee
                                8    understands the training that the employee has received.
                                9  E.   An agency shall ensure that all volunteers and
                                10   contractors who have contact with inmates have been trained on
                                11   the volunteers' and contractors' responsibilities under the
                                12   agency's sexual abuse and sexual harassment prevention,
                                13   detection and response policies and procedures.
                                14  F.   The type of training provided to volunteers and
                                15   contractors shall correspond with the services the volunteers
                                16   and contractors provide and level of contact the volunteers and
[bracketed material] = delete
                                17   contractors have with inmates.   All volunteers and contractors
underscored material = new
                                18   who have contact with inmates shall be notified of the agency's
                                19   zero-tolerance policy regarding sexual abuse and sexual
                                20   harassment and informed how to report such incidents.
                                21  G.   An agency shall maintain documentation
                                22   confirming that volunteers and contractors understand the
                                23   training that the volunteers and contractors have received
                                24   pursuant to this section.
                                25        SECTION 14.   [NEW MATERIAL] INMATE EDUCATION.--
                                     .233207.2ms
                                                                   - 24 -
                                1  A.   During an agency's inmate intake process,
                                2    inmates shall receive information explaining the agency's
                                3    zero-tolerance policy regarding sexual abuse and sexual
                                4    harassment and how to report incidents or suspicions of sexual
                                5    abuse or sexual harassment.
                                6  B.   Within thirty days of intake of an inmate, an
                                7    agency shall provide comprehensive education to the inmate
                                8    either in person or through video regarding the inmate's rights
                                9    to be free from sexual abuse and sexual harassment and to be
                                10   free from retaliation for reporting incidents of sexual abuse
                                11   and sexual harassment and regarding the agency's policies and
                                12   procedures for responding to incidents of sexual abuse and
                                13   sexual harassment.
                                14  C.   Current inmates who have not received education
                                15   pursuant to this section shall be educated within one year of
                                16   the effective date of the New Mexico Prison Rape Elimination
[bracketed material] = delete
                                17   Act, and an inmate shall receive education upon transfer to a
underscored material = new
                                18   different facility to the extent that the policies and
                                19   procedures of the inmate's new facility differ from those of
                                20   the previous facility.
                                21  D.   An agency shall provide inmate education in
                                22   formats accessible to all inmates, including those who are
                                23   limited in English proficiency, deaf or hard of hearing, blind
                                24   or have low vision or otherwise disabled, as well as to inmates
                                25   who have limited reading skills.
                                     .233207.2ms
                                                                   - 25 -
                                1  E.    An agency shall maintain documentation of inmate
                                2    participation in education sessions pursuant to this section.
                                3  F.    In addition to providing education pursuant to
                                4    this section, an agency shall ensure that key information is
                                5    continuously and readily available or visible to inmates
                                6    through posters, inmate handbooks or other written formats.
                                7  SECTION 15.    [NEW MATERIAL] SPECIALIZED TRAINING FOR
                                8    INVESTIGATIONS.--
                                9  A.    In addition to the general training provided to
                                10   all employees pursuant to Section 13 of the New Mexico Prison
                                11   Rape Elimination Act, an agency shall ensure that, to the
                                12   extent the agency conducts sexual abuse investigations, the
                                13   agency's investigators receive training in conducting the
                                14   investigations in confinement settings.
                                15  B.    Specialized training pursuant to Subsection A of
                                16   this section shall include techniques for interviewing victims
[bracketed material] = delete
                                17   of sexual abuse, proper use of Miranda and Garrity warnings,
underscored material = new
                                18   sexual abuse evidence collection in confinement settings and
                                19   the criteria and evidence required to substantiate a case for
                                20   administrative action or prosecution referral.
                                21  C.    An agency shall maintain documentation that the
                                22   agency's investigators have completed the specialized training
                                23   in conducting sexual abuse investigations required pursuant to
                                24   this section.
                                25  D.    A state, local or county entity that
                                     .233207.2ms
                                                                   - 26 -
                                1    investigates sexual abuse in confinement settings shall provide
                                2    specialized training as provided in Subsection B of this
                                3    section to the agency's agents and investigators who conduct
                                4    sexual abuse investigations.
                                5  SECTION 16.    [NEW MATERIAL] MEDICAL AND MENTAL HEALTH
                                6    SPECIALIZED TRAINING.--
                                7  A.    An agency shall ensure that all full- and part-
                                8    time medical practitioners and mental health practitioners who
                                9    work regularly in the agency's facilities have been trained in:
                                10  (1)   how to detect and assess signs of sexual
                                11   abuse and sexual harassment;
                                12  (2)   how to preserve physical evidence of
                                13   sexual abuse;
                                14  (3)   how to respond effectively and
                                15   professionally to victims of sexual abuse and sexual
                                16   harassment; and
[bracketed material] = delete
                                17  (4)   how and to whom to report allegations or
underscored material = new
                                18   suspicions of sexual abuse and sexual harassment.
                                19  B.    If a medical practitioner employed by an agency
                                20   conducts forensic examinations, the medical practitioner shall
                                21   receive the appropriate training to conduct the examinations.
                                22  C.    An agency shall maintain documentation that
                                23   medical practitioners and mental health practitioners employed
                                24   by the agency have received the training described in
                                25   Subsection A of this section either from the agency or
                                     .233207.2ms
                                                                    - 27 -
                                1    elsewhere.
                                2  D.   Medical practitioners and mental health care
                                3    practitioners shall receive the training mandated for employees
                                4    and volunteers under Section 13 of the New Mexico Prison Rape
                                5    Elimination Act, depending upon the practitioner's status at
                                6    the agency.
                                7  SECTION 17.     [NEW MATERIAL] INMATE SCREENING FOR RISK OF
                                8    VICTIMIZATION AND ABUSIVENESS.--
                                9  A.   Inmates shall be assessed during an intake
                                10   screening and upon transfer to another facility for the
                                11   inmates' risk of being sexually abused by other inmates or
                                12   sexually abusive toward other inmates.     The screening shall
                                13   take place within seventy-two hours of arrival at the facility
                                14   and shall be conducted using an objective screening instrument.
                                15  B.   An intake screening shall consider the following
                                16   criteria to assess an inmate for risk of sexual victimization:
[bracketed material] = delete
                                17  (1)   whether the inmate has a mental, physical
underscored material = new
                                18   or developmental disability;
                                19  (2)   the age of the inmate;
                                20  (3)   the physical build of the inmate;
                                21  (4)   whether the inmate has previously been
                                22   incarcerated;
                                23  (5)   whether the inmate's criminal history is
                                24   exclusively nonviolent;
                                25  (6)   whether the inmate has prior convictions
                                     .233207.2ms
                                                                     - 28 -
                                1    for sex offenses against an adult or a child;
                                2  (7)    whether the inmate is or is perceived to
                                3    be gay, lesbian, bisexual, transgender, intersex or gender
                                4    nonconforming;
                                5  (8)    whether the inmate has previously
                                6    experienced sexual victimization;
                                7  (9)    the inmate's own perception of
                                8    vulnerability; and
                                9  (10)   whether the inmate is detained solely for
                                10   civil immigration purposes.
                                11  C.   An initial screening shall consider prior acts
                                12   of sexual abuse, prior convictions for violent offenses and
                                13   history of prior institutional violence or sexual abuse, as
                                14   known to the agency conducting the screening, in assessing
                                15   inmates for risk of being sexually abusive.
                                16  D.   Within thirty days from an inmate's arrival at a
[bracketed material] = delete
                                17   facility, the facility shall reassess the inmate's risk of
underscored material = new
                                18   victimization or abusiveness based upon any additional relevant
                                19   information received by the facility since the inmate's intake
                                20   screening.
                                21  E.   An inmate's risk level shall be reassessed when
                                22   warranted due to a referral, a request, an incident of sexual
                                23   abuse or receipt of additional information that bears on the
                                24   inmate's risk of sexual victimization or abusiveness.
                                25  F.   An inmate shall not be disciplined for refusing
                                     .233207.2ms
                                                                      - 29 -
                                1    to answer, or for not disclosing complete information in
                                2    response to, questions asked pursuant to Subsection B of this
                                3    section.
                                4  G.   An agency shall implement appropriate controls
                                5    on the dissemination within a facility operated by the agency
                                6    of responses to questions asked pursuant to Subsection B of
                                7    this section in order to ensure that sensitive information is
                                8    not exploited to the inmate's detriment by employees or other
                                9    inmates.
                                10  H.   If a screening pursuant to this section
                                11   indicates that a:
                                12  (1)   prison inmate has experienced prior sexual
                                13   victimization, whether it occurred in an institutional setting
                                14   or in the community, staff shall ensure that the inmate is
                                15   offered a follow-up meeting with a medical practitioner or
                                16   mental health practitioner within fourteen days of the intake
[bracketed material] = delete
                                17   screening;
underscored material = new
                                18  (2)   prison inmate has previously perpetrated
                                19   sexual abuse, whether it occurred in an institutional setting
                                20   or in the community, staff shall ensure that the inmate is
                                21   offered a follow-up meeting with a mental health practitioner
                                22   within fourteen days of the intake screening; or
                                23  (3)   jail inmate has experienced prior
                                24   sexual victimization, whether it occurred in an institutional
                                25   setting or in the community, staff shall ensure that the inmate
                                     .233207.2ms
                                                                     - 30 -
                                1    is offered a follow-up meeting with a medical practitioner or
                                2    mental health practitioner within fourteen days of the intake
                                3    screening.
                                4  I.   Information related to sexual victimization or
                                5    abusiveness that occurred in an institutional setting shall be
                                6    strictly limited to medical practitioners, mental health
                                7    practitioners and other staff, as necessary, to inform
                                8    treatment plans and security and management decisions,
                                9    including housing, bed, work, education and program
                                10   assignments, or as otherwise required by federal, state or
                                11   local law.
                                12  J.   Medical practitioners and mental health
                                13   practitioners shall obtain informed consent from inmates before
                                14   reporting information about prior sexual victimization that did
                                15   not occur in an institutional setting, unless the inmate is
                                16   under the age of eighteen.
[bracketed material] = delete
                                17        SECTION 18.     [NEW MATERIAL] USE OF SCREENING
underscored material = new
                                18   INFORMATION.--
                                19  A.   An agency shall use information from the risk
                                20   screening required by Section 17 of the New Mexico Prison Rape
                                21   Elimination Act to inform housing, bed, work, education and
                                22   program assignments with the goal of keeping separate those
                                23   inmates at high risk of being sexually victimized from those at
                                24   high risk of being sexually abusive.     The agency shall make
                                25   individualized determinations about how to ensure the safety of
                                     .233207.2ms
                                                                    - 31 -
                                1    each inmate.
                                2  B.   In deciding whether to assign a transgender or
                                3    an intersex inmate to a facility for male or female inmates,
                                4    and in making other housing and programming assignments, an
                                5    agency shall consider on a case-by-case basis whether a
                                6    placement would ensure the inmate's health and safety and
                                7    whether the placement would present management or security
                                8    problems.     A transgender or an intersex inmate's own views with
                                9    respect to the inmate's own safety shall be given serious
                                10   consideration.
                                11  C.   Placement and programming assignments for each
                                12   transgender or intersex inmate shall be reassessed at least
                                13   twice each year to review any threats to safety experienced by
                                14   the inmate.
                                15  D.   Transgender and intersex inmates shall be given
                                16   the opportunity to shower separately from other inmates.
[bracketed material] = delete
                                17  E.   An agency shall not place lesbian, gay,
underscored material = new
                                18   bisexual, transgender or intersex inmates in dedicated
                                19   facilities, units or wings solely on the basis of lesbian, gay,
                                20   bisexual, transgender or intersex identification or status,
                                21   unless the placement is in a dedicated facility, unit or wing
                                22   established in connection with a consent decree, legal
                                23   settlement or legal judgment for the purpose of protecting the
                                24   inmates.
                                25  F.   Nothing in the New Mexico Prison Rape
                                     .233207.2ms
                                                                    - 32 -
                                1    Elimination Act shall be construed to limit, narrow or modify
                                2    the Restricted Housing Act.
                                3  SECTION 19.   [NEW MATERIAL] PROTECTIVE CUSTODY.--
                                4  A.   An inmate who is at high risk for sexual
                                5    victimization shall not be placed in restricted housing unless
                                6    an assessment of all available alternatives has been made and a
                                7    determination has been made that there is no available
                                8    alternative means of separation from likely abusers.       If a
                                9    facility cannot conduct such an assessment immediately, the
                                10   facility may hold the inmate in involuntary segregated housing
                                11   for up to twenty-four hours while completing the assessment.
                                12  B.   An inmate placed in restricted housing pursuant
                                13   to this section shall have access to programs, privileges,
                                14   education and work opportunities to the extent possible.  If a
                                15   facility restricts access to programs, privileges, education or
                                16   work opportunities pursuant to this section, the facility shall
[bracketed material] = delete
                                17   document:
underscored material = new
                                18  (1)   the opportunities that have been limited;
                                19  (2)   the duration of the limitation; and
                                20  (3)   the reasons for the limitation.
                                21  C.   A facility shall assign inmates to restricted
                                22   housing pursuant to this section only until an alternative
                                23   means of separation from likely abusers can be arranged, and
                                24   the assignment shall not ordinarily exceed a period of thirty
                                25   days.
                                     .233207.2ms
                                                                     - 33 -
                                1  D.   If a restricted housing assignment is made
                                2    pursuant to Subsection A of this section, the facility making
                                3    the assignment shall clearly document:
                                4  (1)   the basis for the facility's concern for
                                5    the inmate's safety; and
                                6  (2)   the reason why no alternative means of
                                7    separation can be arranged.
                                8  E.   Every thirty days, a facility shall afford each
                                9    inmate housed pursuant to this section a review to determine
                                10   whether there is a continuing need for separation from the
                                11   general population.
                                12  F.   Nothing in the New Mexico Prison Rape
                                13   Elimination Act shall be construed to limit, narrow or modify
                                14   the Restricted Housing Act.
                                15        SECTION 20.     [NEW MATERIAL] INMATE REPORTING.--
                                16  A.   An agency shall provide multiple internal ways
[bracketed material] = delete
                                17   for inmates to privately report sexual abuse and sexual
underscored material = new
                                18   harassment, retaliation by other inmates or staff for reporting
                                19   sexual abuse and sexual harassment and staff neglect or
                                20   violation of responsibilities that may have contributed to such
                                21   incidents.
                                22  B.   An agency shall provide at least one way for
                                23   inmates to report abuse or harassment to a public or private
                                24   entity or office that is not part of the agency and that is
                                25   able to receive and immediately forward inmate reports of
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                                                                     - 34 -
                                1    sexual abuse and sexual harassment to agency officials,
                                2    allowing the inmate to remain anonymous upon request.   Inmates
                                3    detained solely for civil immigration purposes shall be
                                4    provided information on how to contact relevant consular
                                5    officials and relevant officials at the United States
                                6    department of homeland security.
                                7  C.    Employees shall accept reports made verbally, in
                                8    writing, anonymously and from third parties and shall promptly
                                9    document any verbal reports.
                                10  D.    An agency shall provide a method for staff to
                                11   privately report sexual abuse and sexual harassment of inmates.
                                12        SECTION 21.   [NEW MATERIAL] EXHAUSTION OF ADMINISTRATIVE
                                13   REMEDIES.--
                                14  A.    An agency shall not impose a time limit on when
                                15   an inmate may submit a grievance regarding an allegation of
                                16   sexual abuse.   An agency may apply otherwise-applicable time
[bracketed material] = delete
                                17   limits to any portion of a grievance that does not allege an
underscored material = new
                                18   incident of sexual abuse.
                                19  B.    An agency shall not require an inmate to use an
                                20   informal grievance process, or to otherwise attempt to resolve
                                21   with staff, an alleged incident of sexual abuse.
                                22  C.    An agency shall ensure that:
                                23  (1)   an inmate who alleges sexual abuse may
                                24   submit a complaint without submitting it to an employee who is
                                25   the subject of the complaint; and
                                     .233207.2ms
                                                                    - 35 -
                                1  (2)   the complaint is not referred to an
                                2    employee who is the subject of the complaint.
                                3  D.   An agency shall issue a final agency decision on
                                4    the merits of any portion of a grievance alleging sexual abuse
                                5    within ninety days of the initial filing of the grievance.
                                6    Computation of the ninety-day time period shall not include
                                7    time consumed by inmates in preparing any administrative
                                8    appeal.    The agency may claim an extension of time to respond,
                                9    of up to seventy days, if the normal time period for response
                                10   is insufficient to make an appropriate decision.    The agency
                                11   shall notify the inmate in writing of any such extension and
                                12   provide a date by which a decision will be made.
                                13  E.   At all levels of the administrative process, if
                                14   an inmate does not receive a response within the time allotted
                                15   for reply, including any properly noticed extension, the inmate
                                16   may consider the absence of a response to be a denial at that
[bracketed material] = delete
                                17   level.
underscored material = new
                                18  F.   Third parties, including fellow inmates, staff
                                19   members, family members, attorneys and outside advocates, shall
                                20   be permitted to assist inmates in filing requests for
                                21   administrative remedies relating to allegations of sexual abuse
                                22   and shall also be permitted to file such requests on behalf of
                                23   inmates.    If a third party files such a request on behalf of an
                                24   inmate, the facility may require as a condition of processing
                                25   the request that the alleged victim agree to have the request
                                     .233207.2ms
                                                                    - 36 -
                                1    filed on the alleged victim's behalf and may also require the
                                2    alleged victim to personally pursue any subsequent steps in the
                                3    administrative remedy process.     If the inmate declines to have
                                4    the request processed on the inmate's behalf, the agency shall
                                5    document the inmate's decision.
                                6  G.   An agency shall establish procedures for the
                                7    filing of an emergency grievance alleging that an inmate is
                                8    subject to a substantial risk of imminent sexual abuse.     After
                                9    receiving an emergency grievance alleging that an inmate is
                                10   subject to a substantial risk of imminent sexual abuse, the
                                11   agency shall immediately forward the grievance, or any portion
                                12   thereof that alleges the substantial risk of imminent sexual
                                13   abuse, to a level of review at which immediate corrective
                                14   action may be taken, shall provide an initial response within
                                15   forty-eight hours and shall issue a final agency decision
                                16   within five calendar days.     The initial response and final
[bracketed material] = delete
                                17   agency decision shall document the agency's determination
underscored material = new
                                18   whether the inmate is in substantial risk of imminent sexual
                                19   abuse and the action taken in response to the emergency
                                20   grievance.
                                21  H.   An agency may discipline an inmate for filing a
                                22   grievance related to alleged sexual abuse only where the
                                23   investigation finds that the allegation is unfounded and the
                                24   agency demonstrates, by evidence other than an anonymous
                                25   source, that the inmate purposefully lied about facts
                                     .233207.2ms
                                                                    - 37 -
                                1    underlying the grievance and filed the grievance in bad faith.
                                2    The agency shall not discipline an inmate for filing a
                                3    grievance under the New Mexico Prison Rape Elimination Act
                                4    about conduct that the inmate reasonably believed to be a
                                5    violation of the New Mexico Prison Rape Elimination Act but
                                6    that was determined not to violate the New Mexico Prison Rape
                                7    Elimination Act.
                                8  I.   Nothing in this section shall restrict an
                                9    agency's ability to defend against an inmate lawsuit on the
                                10   ground that the applicable statute of limitations has expired.
                                11        SECTION 22.   [NEW MATERIAL] INMATE ACCESS TO OUTSIDE
                                12   SUPPORT SERVICES.--
                                13  A.   A facility shall provide inmates with access to
                                14   outside victim advocates for emotional support services related
                                15   to sexual abuse by giving inmates mailing addresses and
                                16   telephone numbers, including toll-free hotline numbers where
[bracketed material] = delete
                                17   available, of local, state or national victim advocacy or rape
underscored material = new
                                18   crisis organizations and, for persons detained solely for civil
                                19   immigration purposes, immigrant services agencies.   The
                                20   facility shall enable reasonable communication between inmates
                                21   and these organizations and agencies in as confidential of a
                                22   manner as possible.
                                23  B.   A facility shall inform inmates, prior to giving
                                24   the inmates access, of the extent to which communications
                                25   pursuant to Subsection A of this section will be monitored and
                                     .233207.2ms
                                                                  - 38 -
                                1    the extent to which reports of abuse will be forwarded to
                                2    authorities in accordance with mandatory reporting laws.
                                3  C.   An agency shall maintain or attempt to enter
                                4    into memoranda of understanding or other agreements with
                                5    community service providers that are able to provide inmates
                                6    with confidential emotional support services related to sexual
                                7    abuse.   The agency shall maintain copies of the agreements or
                                8    documentation showing attempts to enter into the agreements.
                                9  D.   An agency shall establish a method to receive
                                10   third-party reports of sexual abuse and sexual harassment and
                                11   shall distribute publicly information on how to report sexual
                                12   abuse and sexual harassment on behalf of an inmate.
                                13        SECTION 23.    [NEW MATERIAL] EMPLOYEE AND AGENCY REPORTING
                                14   DUTIES.--
                                15  A.   An agency shall require the agency's employees
                                16   to report immediately and according to agency policy any
[bracketed material] = delete
                                17   knowledge, suspicion or information regarding an incident of
underscored material = new
                                18   sexual abuse or sexual harassment that occurred in a facility,
                                19   whether or not it is part of the agency, retaliation against
                                20   inmates or staff who reported such an incident and any staff
                                21   neglect or violation of responsibilities that may have
                                22   contributed to an incident or retaliation.
                                23  B.   Employees shall not reveal information related
                                24   to a sexual abuse report to anyone other than to the extent
                                25   necessary, as specified in agency policy, to make treatment,
                                     .233207.2ms
                                                                   - 39 -
                                1    investigation and other security and management decisions.
                                2  C.   Unless otherwise precluded by law, a medical
                                3    practitioner and a mental health practitioner shall be required
                                4    to report sexual abuse pursuant to Subsection A of this section
                                5    and to inform inmates of the practitioner's duty to report, and
                                6    the limitations of confidentiality, at the initiation of
                                7    services.
                                8  D.   If an alleged victim of sexual abuse or sexual
                                9    harassment is under the age of eighteen or considered a
                                10   vulnerable adult, the agency shall report the allegation to the
                                11   designated agency under applicable mandatory reporting laws.
                                12  E.   A facility shall report all allegations of
                                13   sexual abuse and sexual harassment, including third-party and
                                14   anonymous reports, to the facility's designated investigators.
                                15  F.   When an agency learns that an inmate is subject
                                16   to a substantial risk of imminent sexual abuse, the agency
[bracketed material] = delete
                                17   shall take immediate action to protect the inmate.
underscored material = new
                                18        SECTION 24.    [NEW MATERIAL] REPORTING TO OTHER CONFINEMENT
                                19   FACILITIES.--
                                20  A.   Upon receiving an allegation that an inmate was
                                21   sexually abused while confined at another facility, the head of
                                22   the facility that received the allegation shall notify the head
                                23   of the facility or appropriate office of the agency where the
                                24   alleged abuse occurred.    The notification shall be provided as
                                25   soon as possible, but no later than seventy-two hours after
                                     .233207.2ms
                                                                   - 40 -
                                1    receiving the allegation.
                                2  B.   An agency or facility shall document that the
                                3    agency or facility has provided a notification pursuant to
                                4    Subsection A of this section.
                                5  C.   A facility head or an agency office that
                                6    receives a notification pursuant to Subsection A of this
                                7    section shall ensure that the allegation is investigated in
                                8    accordance with the provisions of the New Mexico Prison Rape
                                9    Elimination Act.
                                10        SECTION 25.     [NEW MATERIAL] EMPLOYEE FIRST RESPONDER
                                11   DUTIES.--
                                12  A.   Upon learning of an allegation that an inmate
                                13   was sexually abused, the first security employee to respond to
                                14   the report shall:
                                15  (1)   separate the alleged victim and abuser;
                                16  (2)   preserve and protect any crime scene until
[bracketed material] = delete
                                17   appropriate steps can be taken to collect evidence;
underscored material = new
                                18  (3)   if the abuse occurred within a time period
                                19   that still allows for the collection of physical evidence,
                                20   request that the alleged victim not take any actions that could
                                21   destroy physical evidence, including, as appropriate, washing,
                                22   brushing teeth, changing clothes, urinating, defecating,
                                23   smoking, drinking or eating; and
                                24  (4)   if the abuse occurred within a time period
                                25   that still allows for the collection of physical evidence,
                                     .233207.2ms
                                                                     - 41 -
                                1    ensure that the alleged abuser does not take any actions that
                                2    could destroy physical evidence, including, as appropriate,
                                3    washing, brushing teeth, changing clothes, urinating,
                                4    defecating, smoking, drinking or eating.
                                5  B.   If the first staff responder to an allegation
                                6    that an inmate has been sexually abused is not a security
                                7    employee, the responder shall be required to request that the
                                8    alleged victim not take any actions that could destroy physical
                                9    evidence and then notify security staff.
                                10  C.   A facility shall develop a written institutional
                                11   plan to coordinate actions taken in response to an alleged
                                12   incident of sexual abuse among staff first responders, medical
                                13   practitioners, mental health practitioners, investigators and
                                14   facility leadership.
                                15        SECTION 26.   [NEW MATERIAL] COLLECTIVE BARGAINING
                                16   AGREEMENTS--PRESERVATION OF ABILITY TO PROTECT INMATES FROM
[bracketed material] = delete
                                17   CONTACT WITH ABUSERS AND RETALIATION.--
underscored material = new
                                18  A.   An agency or a governmental entity responsible
                                19   for collective bargaining on the agency's or governmental
                                20   entity's behalf shall not enter into or renew any collective
                                21   bargaining agreement or other agreement that limits the
                                22   agency's or governmental entity's ability to remove alleged
                                23   staff sexual abusers from contact with inmates pending the
                                24   outcome of an investigation or of a determination of whether
                                25   and to what extent discipline is warranted.
                                     .233207.2ms
                                                                  - 42 -
                                1  B.   Nothing in this section shall restrict the
                                2    entering into or renewal of an agreement that governs:
                                3  (1)     the conduct of the disciplinary process,
                                4    as long as the agreement is not inconsistent with the
                                5    provisions of the New Mexico Prison Rape Elimination Act; or
                                6  (2)     whether a no-contact assignment that is
                                7    imposed pending the outcome of an investigation shall be
                                8    expunged from or retained in an employee's personnel file
                                9    following a determination that the allegation of sexual abuse
                                10   is not substantiated.
                                11  C.   An agency shall establish a policy to protect
                                12   all inmates and staff who report sexual abuse or sexual
                                13   harassment or cooperate with sexual abuse or sexual harassment
                                14   investigations from retaliation by other inmates or staff and
                                15   shall designate which employees or departments are charged with
                                16   monitoring retaliation.
[bracketed material] = delete
                                17  D.   An agency shall employ multiple protection
underscored material = new
                                18   measures, such as housing changes or transfers for inmate
                                19   victims or abusers, removal of alleged staff or inmate abusers
                                20   from contact with victims and emotional support services for
                                21   inmates or staff who fear retaliation for reporting sexual
                                22   abuse or sexual harassment or for cooperating with sexual abuse
                                23   or sexual harassment investigations.
                                24  E.   For at least ninety days following a report of
                                25   sexual abuse, an agency shall monitor the conduct and treatment
                                     .233207.2ms
                                                                    - 43 -
                                1    of inmates or staff who reported the sexual abuse and of
                                2    inmates who were reported to have suffered sexual abuse to see
                                3    if there are changes that may suggest possible retaliation by
                                4    inmates or staff and shall act promptly to remedy any such
                                5    retaliation.      Items the agency should monitor include inmate
                                6    disciplinary reports, housing or program changes or negative
                                7    performance reviews or reassignments of staff.      The agency
                                8    shall continue such monitoring beyond ninety days if the
                                9    initial monitoring indicates a continuing need.     In the case of
                                10   inmates, the monitoring shall also include periodic status
                                11   checks.
                                12  F.   If any other individual who cooperates with a
                                13   sexual abuse or sexual harassment investigation expresses fear
                                14   of retaliation, an agency shall take appropriate measures to
                                15   protect that individual against retaliation.
                                16  G.   An agency's obligation to monitor shall
[bracketed material] = delete
                                17   terminate if the agency determines that the allegation is
underscored material = new
                                18   unfounded.
                                19        SECTION 27.      [NEW MATERIAL] CRIMINAL AND ADMINISTRATIVE
                                20   AGENCY INVESTIGATIONS.--
                                21  A.   If an agency conducts its own investigations
                                22   into allegations of sexual abuse and sexual harassment, the
                                23   agency shall do so promptly, thoroughly and objectively for all
                                24   allegations, including third-party and anonymous reports.
                                25  B.   If sexual abuse is alleged, an agency shall use
                                     .233207.2ms
                                                                     - 44 -
                                1    investigators who have received special training in sexual
                                2    abuse investigations.
                                3  C.   Investigators shall gather and preserve direct
                                4    and circumstantial evidence, including any available physical
                                5    and deoxyribonucleic acid evidence and any available electronic
                                6    monitoring data; interview alleged victims, suspected
                                7    perpetrators and witnesses; and review prior complaints and
                                8    reports of sexual abuse involving the suspected perpetrator.
                                9  D.   If the quality of evidence appears to support
                                10   criminal prosecution, an agency shall conduct compelled
                                11   interviews only after consulting with prosecutors as to whether
                                12   compelled interviews may be an obstacle for subsequent criminal
                                13   prosecution.
                                14  E.   The credibility of an alleged victim, a suspect
                                15   or a witness shall be assessed on an individual basis and shall
                                16   not be determined by the person's status as inmate or staff.
[bracketed material] = delete
                                17   An agency shall not require an inmate who alleges sexual abuse
underscored material = new
                                18   to submit to a polygraph examination or other truth-telling
                                19   device as a condition for proceeding with the investigation of
                                20   the allegation.
                                21  F.   An administrative investigation shall include an
                                22   effort to determine whether staff actions or failures to act
                                23   contributed to the abuse and shall be documented in written
                                24   reports that include a description of the physical and
                                25   testimonial evidence, the reasoning behind credibility
                                     .233207.2ms
                                                                 - 45 -
                                1    assessments and investigative facts and findings.
                                2  G.     A criminal investigation shall be documented in
                                3    a written report that contains a thorough description of
                                4    physical, testimonial and documentary evidence and attaches
                                5    copies of all documentary evidence where feasible.
                                6  H.     Substantiated allegations of conduct by staff or
                                7    contractors that appears to be criminal shall be referred for
                                8    prosecution.     Substantiated allegations of conduct by or
                                9    exclusively between inmates that appears to be criminal shall
                                10   be referred for prosecution, except that a victim of the
                                11   criminal conduct shall be allowed to request that the matter
                                12   not be referred for prosecution.    This section shall not be
                                13   construed to limit an agency's own investigation requirements
                                14   as to an allegation.
                                15  I.     An agency shall retain all written reports
                                16   pursuant to this section for as long as the alleged abuser is
[bracketed material] = delete
                                17   incarcerated or employed by the agency, plus five years.
underscored material = new
                                18  J.     The departure of an alleged abuser or victim
                                19   from the employment or control of a facility or an agency shall
                                20   not provide a basis for terminating an investigation.
                                21  K.     A state, local or county entity that conducts
                                22   such investigations shall do so pursuant to the requirements of
                                23   this section.
                                24  L.     A facility shall cooperate with outside
                                25   investigators.
                                     .233207.2ms
                                                                    - 46 -
                                1  M.     An agency shall impose no standard higher than a
                                2    preponderance of the evidence in determining whether
                                3    allegations of sexual abuse or sexual harassment are
                                4    substantiated.
                                5  SECTION 28.     [NEW MATERIAL] REPORTING TO INMATES.--
                                6  A.     Following an investigation into an inmate's
                                7    allegation that the inmate suffered sexual abuse in an agency's
                                8    facility, the agency shall inform the inmate as to whether the
                                9    allegation has been determined to be substantiated,
                                10   unsubstantiated or unfounded.
                                11  B.     If an agency did not conduct an investigation,
                                12   the agency shall request the relevant information from the
                                13   investigative authority responsible for conducting the
                                14   investigation in order to inform the inmate.
                                15  C.     Following an inmate's allegation that an
                                16   employee has committed sexual abuse against the inmate, an
[bracketed material] = delete
                                17   agency shall subsequently inform the inmate, unless the agency
underscored material = new
                                18   has determined that the allegation is unfounded, whenever:
                                19  (1)   the employee is no longer posted within
                                20   the inmate's unit;
                                21  (2)   the employee is no longer employed at the
                                22   inmate's facility;
                                23  (3)   the agency learns that the employee has
                                24   been indicted on a charge related to sexual abuse within the
                                25   facility; or
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                                                                    - 47 -
                                1  (4)   the agency learns that the employee has
                                2    been convicted on a charge related to sexual abuse within the
                                3    facility.
                                4  D.   Following an inmate's allegation that the inmate
                                5    has been sexually abused by another inmate, an agency shall
                                6    subsequently inform the alleged victim whenever:
                                7  (1)   the agency learns that the alleged abuser
                                8    has been indicted on a charge related to sexual abuse within
                                9    the facility; or
                                10  (2)   the agency learns that the alleged abuser
                                11   has been convicted on a charge related to sexual abuse within
                                12   the facility.
                                13  E.   All notifications or attempted notifications
                                14   pursuant to this section shall be documented.
                                15  F.   An agency's obligation to report pursuant to
                                16   this section shall terminate if the inmate is released from the
[bracketed material] = delete
                                17   agency's custody.
underscored material = new
                                18        SECTION 29.     [NEW MATERIAL] EMPLOYEE DISCIPLINE AND
                                19   CORRECTIVE ACTIONS FOR CONTRACTORS AND VOLUNTEERS.--
                                20  A.   An employee of an agency shall be subject to
                                21   disciplinary sanctions up to and including termination for
                                22   violating the agency's sexual abuse or sexual harassment
                                23   policies.
                                24  B.   Termination shall be the presumptive
                                25   disciplinary sanction for an employee who has engaged in sexual
                                     .233207.2ms
                                                                     - 48 -
                                1    abuse.
                                2  C.   Disciplinary sanctions for violations of agency
                                3    policies relating to sexual abuse or sexual harassment, other
                                4    than actually engaging in sexual abuse, shall be commensurate
                                5    with the nature and circumstances of the acts committed, the
                                6    employee's disciplinary history and the sanctions imposed for
                                7    comparable offenses by other employees with similar histories.
                                8  D.   Terminations for violations of an agency's
                                9    sexual abuse or sexual harassment policies, or resignations by
                                10   employees who would have been terminated if not for their
                                11   resignation, shall be reported to law enforcement agencies,
                                12   unless the activity was clearly not criminal, and to any
                                13   relevant licensing bodies.
                                14  E.   A contractor or volunteer who engages in sexual
                                15   abuse shall be prohibited from contact with inmates and shall
                                16   be reported to law enforcement agencies, unless the activity
[bracketed material] = delete
                                17   was clearly not criminal, and to relevant licensing bodies.
underscored material = new
                                18  F.   A facility shall take appropriate remedial
                                19   measures, and shall consider whether to prohibit further
                                20   contact with inmates, in the case of any other violation of an
                                21   agency's sexual abuse or sexual harassment policies by a
                                22   contractor or volunteer.
                                23        SECTION 30.     [NEW MATERIAL] DISCIPLINARY SANCTIONS FOR
                                24   INMATES.--
                                25  A.   An inmate shall be subject to disciplinary
                                     .233207.2ms
                                                                    - 49 -
                                1    sanctions pursuant to a formal disciplinary process following
                                2    an administrative finding that the inmate engaged in inmate-on-
                                3    inmate sexual abuse or following a criminal finding of guilt
                                4    for inmate-on-inmate sexual abuse.
                                5  B.   Sanctions pursuant to Subsection A of this
                                6    section shall be commensurate with the nature and circumstances
                                7    of the abuse committed, the inmate's disciplinary history and
                                8    the sanctions imposed for comparable offenses by other inmates
                                9    with similar histories.
                                10  C.   The disciplinary process shall consider whether
                                11   an inmate's mental disabilities or mental illness contributed
                                12   to the inmate's behavior when determining what type of
                                13   sanction, if any, should be imposed.
                                14  D.   If a facility offers therapy, counseling or
                                15   other interventions designed to address and correct underlying
                                16   reasons or motivations for sexual abuse, the facility shall
[bracketed material] = delete
                                17   consider whether to require an offending inmate to participate
underscored material = new
                                18   in the interventions as a condition of access to programming or
                                19   other benefits.
                                20  E.   An agency may discipline an inmate for sexual
                                21   contact with an employee only upon a finding that the employee
                                22   did not consent to such contact.
                                23  F.   For the purpose of disciplinary action, a report
                                24   of sexual abuse made in good faith based upon a reasonable
                                25   belief that the alleged conduct:
                                     .233207.2ms
                                                                 - 50 -
                                1  (1)   occurred shall not constitute falsely
                                2    reporting an incident or lying, even if an investigation does
                                3    not establish evidence sufficient to substantiate the
                                4    allegation; or
                                5  (2)   violated the New Mexico Prison Rape
                                6    Elimination Act shall not constitute falsely reporting an
                                7    incident or lying, even if an investigation determines that the
                                8    conduct did not constitute a violation.
                                9  G.   An agency may, in the agency's discretion,
                                10   prohibit all sexual activity between inmates and may discipline
                                11   inmates for such activity.    An agency shall not deem such
                                12   activity to constitute sexual abuse if the agency determines
                                13   that the activity is not coerced.
                                14        SECTION 31.    [NEW MATERIAL] ACCESS TO EMERGENCY MEDICAL
                                15   AND MENTAL HEALTH SERVICES--ONGOING SERVICES.--
                                16  A.   An inmate victim of sexual abuse shall receive
[bracketed material] = delete
                                17   timely, unimpeded access to emergency medical treatment and
underscored material = new
                                18   crisis intervention services, the nature and scope of which are
                                19   determined by medical practitioners and mental health
                                20   practitioners according to the practitioners' professional
                                21   judgment.
                                22  B.   If no qualified medical practitioners or
                                23   qualified mental health practitioners are on duty at the time a
                                24   report of recent abuse is made, security staff first responders
                                25   shall take preliminary steps to protect the victim and shall
                                     .233207.2ms
                                                                    - 51 -
                                1    immediately notify the appropriate medical practitioners and
                                2    mental health practitioners.
                                3  C.   An inmate victim of sexual abuse while
                                4    incarcerated shall be offered timely information about and
                                5    timely access to emergency contraception and sexually
                                6    transmitted infection prophylaxis in accordance with
                                7    professionally accepted standards of care, where medically
                                8    appropriate.
                                9  D.   Treatment services pursuant to this section
                                10   shall be provided to a victim of sexual abuse without financial
                                11   cost and regardless of whether the victim names the victim's
                                12   abuser or cooperates with any investigation arising out of the
                                13   incident.
                                14  E.   A facility shall offer medical and mental health
                                15   evaluation and, as appropriate, treatment to all inmates who
                                16   have been victimized by sexual abuse in a prison, jail, lockup
[bracketed material] = delete
                                17   or juvenile facility.
underscored material = new
                                18  F.   The evaluation and treatment of a victim of
                                19   sexual abuse pursuant to this section shall include, as
                                20   appropriate, follow-up services, treatment plans and, when
                                21   necessary, referrals for continued care following the victim's
                                22   transfer to, or placement in, release from custody.
                                23  G.   A facility shall provide a victim of sexual
                                24   abuse pursuant to this section with medical and mental health
                                25   services consistent with the community level of care.
                                     .233207.2ms
                                                                    - 52 -
                                1  H.   Inmate victims of sexually abusive vaginal
                                2    penetration while incarcerated shall be offered pregnancy
                                3    tests.
                                4  I.   If pregnancy results from the conduct described
                                5    in Subsection H of this section, the victim of the conduct
                                6    shall receive timely and comprehensive information about and
                                7    timely access to all pregnancy-related medical services that
                                8    are lawful in the state, including the option to terminate the
                                9    pregnancy.
                                10  J.   Inmate victims of sexual abuse while
                                11   incarcerated shall be offered tests for sexually transmitted
                                12   infections as medically appropriate.
                                13  K.   Treatment services pursuant to this section
                                14   shall be provided to a victim without financial cost and
                                15   regardless of whether the victim names the abuser or cooperates
                                16   with any investigation arising out of the incident.
[bracketed material] = delete
                                17  L.   A prison shall attempt to conduct a mental
underscored material = new
                                18   health evaluation of a known inmate-on-inmate abuser within
                                19   sixty days of learning of the abuser's abuse history and offer
                                20   treatment when deemed appropriate by mental health
                                21   practitioners.
                                22        SECTION 32.     [NEW MATERIAL] SEXUAL ABUSE INCIDENT
                                23   REVIEWS.--
                                24  A.   A facility shall conduct a sexual abuse incident
                                25   review at the conclusion of every sexual abuse investigation,
                                     .233207.2ms
                                                                    - 53 -
                                1    including where the allegation has not been substantiated,
                                2    unless the allegation has been determined to be unfounded.     The
                                3    review shall occur within thirty days of the conclusion of the
                                4    investigation.
                                5  B.     A review team shall include upper-level
                                6    management officials, with input from line supervisors,
                                7    investigators and medical practitioners or mental health
                                8    practitioners.
                                9  C.     A review team shall:
                                10  (1)   consider whether the allegation or
                                11   investigation under review indicates a need to change policy or
                                12   practice to better prevent, detect or respond to sexual abuse;
                                13  (2)   consider whether the incident or
                                14   allegation was motivated by race, ethnicity, gender identity,
                                15   lesbian, gay, bisexual, transgender or intersex identification,
                                16   status or perceived status or gang affiliation or was motivated
[bracketed material] = delete
                                17   or otherwise caused by other group dynamics at the facility;
underscored material = new
                                18  (3)   examine the area in the facility where the
                                19   incident allegedly occurred to assess whether physical barriers
                                20   in the area may enable abuse;
                                21  (4)   assess the adequacy of staffing levels in
                                22   the area during different shifts;
                                23  (5)   assess whether monitoring technology
                                24   should be deployed or augmented to supplement supervision by
                                25   employees; and
                                     .233207.2ms
                                                                    - 54 -
                                1  (6)   prepare a report of the review team's
                                2    findings and any recommendations for improvement and submit the
                                3    report to the facility head and the facility's New Mexico
                                4    Prison Rape Elimination Act compliance manager.
                                5  D.   A facility shall implement the review team's
                                6    recommendations for improvement or shall document the
                                7    facility's reasons for not doing so.
                                8  SECTION 33.    [NEW MATERIAL] DATA COLLECTION.--
                                9  A.   An agency shall collect accurate, uniform data
                                10   for every allegation of sexual abuse at facilities under the
                                11   agency's direct control using a standardized instrument and set
                                12   of definitions.
                                13  B.   An agency shall aggregate the incident-based
                                14   sexual abuse data collected pursuant to this section at least
                                15   annually.
                                16  C.   The incident-based data collected pursuant to
[bracketed material] = delete
                                17   this section shall include the data necessary to answer all
underscored material = new
                                18   questions from the most recent version of the survey of sexual
                                19   violence conducted by the United States department of justice
                                20   or a similarly comprehensive and authoritative survey.
                                21  D.   An agency shall maintain, review and collect
                                22   data pursuant to this section as needed from all available
                                23   incident-based documents, including reports, investigation
                                24   files and sexual abuse incident reviews.
                                25  E.   An agency shall obtain incident-based and
                                     .233207.2ms
                                                                    - 55 -
                                1    aggregated data pursuant to this section from every private
                                2    facility with which it contracts for the confinement of its
                                3    inmates.
                                4  SECTION 34.     [NEW MATERIAL] DATA REVIEW FOR CORRECTIVE
                                5    ACTION.--
                                6  A.   An agency shall review data collected and
                                7    aggregated pursuant to Section 33 of the New Mexico Prison Rape
                                8    Elimination Act in order to assess and improve the
                                9    effectiveness of the agency's sexual abuse prevention,
                                10   detection and response policies, practices and training,
                                11   including by:
                                12  (1)   identifying problem areas;
                                13  (2)   taking corrective action on an ongoing
                                14   basis; and
                                15  (3)   preparing an annual report of the agency's
                                16   findings and corrective actions for each facility as well as
[bracketed material] = delete
                                17   the agency as a whole.
underscored material = new
                                18  B.   Reports pursuant to this section shall include a
                                19   comparison of the current year's data and corrective actions
                                20   with data and corrective actions from prior years and shall
                                21   provide an assessment of the agency's progress in addressing
                                22   sexual abuse.
                                23  C.   An agency's report shall be approved by the
                                24   agency head and made readily available to the public on the
                                25   agency's website, or if the agency does not have a website, by
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                                1    other means.
                                2  D.   An agency may redact specific material from the
                                3    agency's reports when publication would present a clear and
                                4    specific threat to the safety and security of a facility but
                                5    shall indicate the nature of the material redacted.
                                6  E.   An agency shall ensure that data collected
                                7    pursuant to this section are securely retained.
                                8  F.   An agency shall make all aggregated sexual abuse
                                9    data, from facilities under the agency's direct control and
                                10   private facilities with which the agency contracts, readily
                                11   available to the public at least annually through the agency's
                                12   website or, if the agency does not have a website, through
                                13   other means.
                                14  G.   Prior to making aggregated sexual abuse data
                                15   publicly available, an agency shall remove all personal
                                16   identifiers.
[bracketed material] = delete
                                17  H.   An agency shall maintain sexual abuse data
underscored material = new
                                18   collected pursuant to Section 33 of the New Mexico Prison Rape
                                19   Elimination Act for at least ten years after the date of the
                                20   initial collection unless federal, state or local law requires
                                21   otherwise.
                                22  - 57 -
                                23
                                24
                                25
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