HOUSE BILL 93

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Edward C. Sandoval and David Ulibarri

ENDORSED BY THE MILITARY AND VETERANS' AFFAIRS COMMITTEE

AN ACT

RELATING TO LAW ENFORCEMENT; PROVIDING FOR THE EDUCATION AND TRAINING OF LAW ENFORCEMENT OFFICERS TO FACILITATE INTERACTION WITH PERSONS WITH MENTAL IMPAIRMENTS; ENACTING THE KENNETH ELLIS III ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Law Enforcement Training Act is enacted to read:

     "[NEW MATERIAL] INTERACTION WITH PERSONS WITH MENTAL IMPAIRMENTS--TRAINING.--

          A. A minimum of two hours of crisis intervention, confrontation de-escalation and proper interaction with persons with mental impairments training shall be included in the curriculum of each basic law enforcement training class. Crisis intervention, confrontation de-escalation and proper interaction with persons with mental impairments training shall be included as a component of in-service law enforcement training each year for certified police officers.

          B. A pre-recorded course on crisis intervention, confrontation de-escalation and proper interaction with persons with mental impairments training shall not satisfy the requirements of Subsection A of this section."

     SECTION 2. Section 29-7C-7 NMSA 1978 (being Laws 2003, Chapter 320, Section 9) is amended to read:

     "29-7C-7. IN-SERVICE TELECOMMUNICATOR TRAINING.--

          A. In-service telecommunicator training consists of at least twenty hours of board-approved advanced training, including one hour of crisis intervention, confrontation de-escalation and proper interaction with persons with mental impairments training, for each certified telecommunicator during each two-year period. The first training course shall commence no later than twelve months after graduation from a board-approved basic telecommunicator training program.

          B. A certified telecommunicator shall provide proof of completion of in-service training requirements to the director no later than March 1 of the year subsequent to the year in which the requirements are met. The director shall provide annual notice to all certified telecommunicators regarding in-service training requirements. Failure to complete in-service training requirements may be grounds for suspension of a telecommunicator's certification at the director's discretion. A telecommunicator may be reinstated at the discretion of the director when the telecommunicator presents to the director evidence [he] the telecommunicator has satisfied the in-service training requirements."

     SECTION 3. [NEW MATERIAL] SHORT TITLE.--Sections 3 through 5 of this act may be cited as the "Kenneth Ellis III Act".

     SECTION 4. [NEW MATERIAL] POLICIES AND PROCEDURES-- REQUIRED.--

          A. A law enforcement agency shall:

                (1) maintain written policies and procedures designed to promote crisis intervention and confrontation de-escalation by law enforcement officers and to facilitate proper interaction between law enforcement officers and persons with mental impairments; and

                (2) establish a monitoring program to ensure that its law enforcement officers comply with policies and procedures regarding interaction with persons with mental impairments.

          B. On or before January 1, 2012 and every two years thereafter, a law enforcement agency shall conduct an examination and evaluation of the best practices of confrontation de-escalation and crisis intervention techniques to facilitate proper interaction between its law enforcement officers and persons with mental impairments. The law enforcement agency shall update its written policies and procedures according to that examination and evaluation.

     SECTION 5. [NEW MATERIAL] IMMEDIATE TRAINING--REQUIRED.--

          A. The chief law enforcement officer of a state, county or municipal law enforcement agency who was elected or appointed prior to July 1, 2011 shall complete a minimum of two hours of crisis intervention, confrontation de-escalation and proper interaction with persons with mental impairments training no later than September 1, 2011.

          B. A law enforcement officer who on September 1, 2010 held an intermediate proficiency certificate or an advanced proficiency certificate issued pursuant to Section 29-7-7.1 NMSA 1978 shall complete a minimum of two hours of crisis intervention, confrontation de-escalation and proper interaction with persons with mental impairments training no later than September 1, 2011.

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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