N.M. Stat. § 29-21-3
Policies and procedures; required.
A. A law enforcement agency shall:
(1)
maintain written policies and procedures designed to eliminate practices
by its law enforcement officers that violate the provisions of Section 2 [29-21-2 NMSA
1978] of the Prohibition of Profiling Practices Act; and
(2)
provide training to its law enforcement officers, during orientation and at
least once every two years, that the law enforcement agency determines will assist its
law enforcement officers in adhering to the applicable provisions of the Prohibition of
Profiling Practices Act and to the law enforcement agency's policies and procedures.
B. As part of a law enforcement agency's administrative complaint procedures, the
law enforcement agency shall, at a minimum:
(1)
investigate a complaint alleging its law enforcement officer violated the
provisions of Section 2 of the Prohibition of Profiling Practices Act;
(2)
take appropriate measures to discipline a law enforcement officer,
including facilitating mediation or other restorative justice measures, when it is
determined that the law enforcement officer violated the provisions of Section 2 of the
Prohibition of Profiling Practices Act;
(3)
provide appropriate forms for submitting the complaint against its law
enforcement officer;
(4)
publish the policies and procedures designed to eliminate practices that
violate the provisions of Section 2 of the Prohibition of Profiling Practices Act; and
(5)
submit a redacted copy of the complaint and the disposition to the attorney
general, which shall disclose the nature and disposition of the complaint but shall not
disclose personal identifying information of a law enforcement officer or complainant.
C. A law enforcement agency shall establish a time frame within which a complaint
alleging a violation of the provisions of Section 2 of the Prohibition of Profiling Practices
Act may be made; provided that in no event shall the time frame be less than ninety
days or exceed one hundred eighty days after the commission of the alleged violation of
the provisions of Section 2 of the Prohibition of Profiling Practices Act. A law
enforcement agency shall allow a complaint alleging a violation of the provisions of
Section 2 of the Prohibition of Profiling Practices Act by its law enforcement officer to be
made:
(1)
in person or in writing sent by mail, facsimile or electronic mail and signed
by the complainant; or
(2)
by telephone, anonymously or by a third party; provided that the law
enforcement agency shall determine the complaint to be valid before taking appropriate
measures pursuant to Paragraph (2) of Subsection B of this section and shall comply
with the provisions of Section 29-14-4 NMSA 1978.