New Mexico

1 State of New Mexico 2023 DCRA Implementation Plan Introduction The 2024 Death in Custody Reporting Act (DCRA) Implementation Plan was created by the New Mexico Department of Public Safety (NMDPS) as the State Administering Agency for Byrne JAG funding. The NMDPS believes this plan gives an effective path to full compliance and reporting of DCRA data across all entities that are mandated to report. Within this plan, the NMDPS has addressed current and future DCRA data collection infrastructure, methods, and reporting requirements. The NMDPS has reviewed the DCRA reporting requirements and believes that this plan satisfies the Bureau of Justice Assistance (BJA) requirements on gathering DCRA data. DCRA Data Collection Infrastructure In 2006, New Mexico passed legislation requiring private correctional facilities to report on deaths in custody.1 At this time, other entities mandated to report by DCRA, such as public correctional facilities and local law enforcement entities, jails, lockups and boot camps are not under any state statutory authority to report deaths in custody. To meet data reporting requirements, each year since 2019 the NMDPS has collected aggregated DCRA data from the New Mexico State Police (NMSP), the New Mexico Department of Corrections (NMCD), the New Mexico Office of the Medical Investigator (OMI) and the New Mexico Department of Health (DOH). The NMDPS understands the need to identify all entities mandated to report DCRA data and to implement direct reporting that includes all the state’s law enforcement agencies, public and private correctional facilities, lockup facilities, jails and boot camp facilities. The NMDPS has identified eight (8) state and 1 2006 New Mexico Statutes, §33-15-3 2 two (2) private correctional facilities, 33 county jails and 247 local law enforcement entities, which are listed at the end of this document. At this time, New Mexico has not identified any boot camps while compiling this data. The NMDPS recognizes that the reporting universe must be complete. In an effort to compile this data, the NMDPS has reached out to the New Mexico Statistical Analysis Center (NMSAC) to confirm that all entities have been identified. At the time of this writing the NMDPS has not received confirmation that NMSAC can or will provide a list of local law enforcement entities. The first phase of the 2023 Implementation Plan will be to continue to research and identify all entities mandated to report DCRA data by coordinating with the NMSAC and NMDPS; to identify reporting contacts within those entities; to reach out directly to those contacts and build relationships, and to formulate timelines and policies for entity reporting. During phase one of the 2023 DCRA Implementation Plan, while defining the reporting universe, the NMDPS will identify any entities that are non-reporting and will remediate by laying the foundation for future reporting efforts. To engage with non-reporting entities, the NMDPS will reach out directly to the entity and work to establish a contact from whom the NMDPS can collect DCRA data ongoing. The NMDPS recognizes that relationship building with contacts will be critical to both data integrity and to achieve and maintain reporting compliance. In phase two of the 2023 DCRA Implementation Plan, the NMDPS will establish lines of communication with all entities, including those entities who are currently reporting DCRA data to the NMDPS. The NMDPS will issue those entities a memorandum that will clarify 3 expectations, deadlines and methods for reporting DCRA data and that will include the NMDPS contact for DCRA reporting and technical assistance inquiries. Since 2019, the NMDPS has worked in collaboration with reporting entities to continue to provide TTA as needed. This TTA has included training on DCRA data collection and reporting and on expectations and deadlines for reporting. The NMDPS understands the importance of providing training and technical assistance to individual law enforcement agencies, correctional institutions, and other entities required to report DCRA data, in particular for those entities that are new to reporting DCRA data. The NMDPS does not currently have one individual designated to run DCRA, however, several staffers are familiar with DCRA Performance Measures and are able to provide basic TTA on request using published DCRA resources and in partnership with our contacts at the JRSA. The NMDPS Grant Program Coordinator met with JRSA for TTA in July 2023 to clarify expectations on delivery of the Implementation Plan. The NMDPS does not believe any further technical assistance is needed and is aware of the option to reach out to JRSA with any further questions. The state of New Mexico does not yet have a DCRA website and intends to investigate implementing one in the future. Data Collection Methods As a third phase in the Implementation Plan, the NMDPS will leverage Byrne JAG funds to evaluate its administrative capacity and determine the feasibility of hiring a dedicated DCRA staff member. The NMDPS recognizes that best practices include assigning one or more staff members to coordinate DCRA data and reporting. As of this writing, the JAG Management Analyst is currently the NMDPS DCRA data collection point of contact for the aggregated data 4 we receive from agency contacts at the NMCD, OMI, DOH and within the NMDPS. Until the DCRA position can be assigned, the JAG Management Analyst will continue to manage the data. Data collection methods will be changing as this implementation plan moves from collecting aggregated date to collecting data from each individual entity. Accuracy of data will be reviewed and confirmed with each individual entity contact. Other particulars of how data collection will change will be defined during step one of the 2023 Implementation Plan. Processes for validating data will also be defined during this stage. The current method used by NMDPS to collect DCRA data is consistent across each type of reporting entity. The procedure is to request designated agency contacts to enter their aggregated data into a spreadsheet on a quarterly basis. The NMDPS understands that quarterly DCRA reporting is due the last day of the month following the close of the quarter. The NMDPS understands that as the 2023 Implementation Plan unfolds, data collection methods will be reviewed to determine if there is a need to modify reporting by type of entity. Additionally, the NMDPS will be working to stop using the model of collecting aggregated data from agency contacts and we will be moving toward collecting data from each individual entity directly. Implementation of data collection has led to some challenges. The NMDPS has been reporting on DCRA data for the past two years. During the first reporting year, the NMDPS struggled with obtaining DCRA data from agencies. During the second reporting year, the NMDPS implemented processes and procedures to facilitate reporting by agencies. These new procedures successfully overcame the challenges the NMDPS had faced in collecting data from agencies. The procedure used was to establish a reliably available internal agency contact through relationship building. The NMDPS recognizes that by reaching out to an estimated 301 5 entities directly instead of collecting aggregated data from agency representatives, there are likely to be many more similar challenges. The NMDPS collects DCRA data quarterly using a spreadsheet sent via email to agency contacts. Agency contacts complete the spreadsheet using their aggregated data from the entities they oversee and return the spreadsheet to NMDPS. The spreadsheet is modeled on the Bureau of Justice Assistance DCRA Performance Measures Questionnaire and includes all the questions on that document. When collecting data on manner of death, the spreadsheet requests that the respondent indicate the manner of death and breaks out manner of death by execution, accident, use of force, homicide, natural causes, suicide, or unavailable pending investigation. This question is the means by which the NMDPS has defined procedures for entities to report by types of deaths. The NMDPS believes that this procedure satisfies the second of two mandatory DCRA implementation plan elements given during TTA with JRSA, which was to define reporting procedures for entities by three types of deaths; however, we have included more than three types. The NMDPS is receptive to further TTA on this component if necessary. Data Reporting Methods The NMDPS reports DCRA data to BJA using the data import feature of the Performance Measurement tool (PMT). Any data that appears inconsistent or that is kicked back by the PMT is cleaned and corrected by staff. The NMDPS JAG Management Analyst is currently tasked with review of the data and manually edits any inconsistencies or errors, while reaching out for clarification as needed to our contacts who have aggregated DCRA data. Currently, there are no other data validation protocols that the JAG Management Analyst uses. The NMDPS recognizes that additional data validation protocols will need to be defined 6 and implemented in tandem with implementation of universal reporting by local entities, and as part of the 2023 Implementation Plan, will work to formulate these new data validation protocols with DCRA performance measures in mind. The completeness of the data will be ensured by building strong relationships with reporting contacts at local entities and having discussions about the reporting process at the entity level. The fourth and final step in the Implementation Plan will be to improve our data collection procedures to ensure open records are updated; to create and implement procedures that ensure all DCRA-mandated entities can be verified to have reported; and to ensure that DCRA data collected satisfies BJA performance measures. Using our DCRA reporting spreadsheet, the NMDPS has always tracked records that are open pending investigation. However, there does not appear to be a process in place to update and close the open records, and a review process for open records will need to be created and implemented. Summary To summarize the NM FY 2023 DCRA Implementation Plan, the NMDPS intends to: • Reach out to their internal and external reporters and to the NMSAC to identify all entities required to report and to establish reporting procedures directly with contacts at these entities. • Identify any non-reporting entities. • Send a procedural and technical assistance memorandum to all entities, reporting and non-reporting. • Evaluate internal administrative capacity to determine if the bureau is able to assign all DCRA work to a dedicated staffer as recommended under BJA best practices. 7 • Edit our data collection spreadsheet to ensure follow up on open investigations and to make any other data collection revisions deemed necessary. • Implement data verification procedures. The NMDPS understands the importance of reporting timely DCRA data that is in conformance with DCRA Performance Measures. Future fiscal year implementation plans will look at purchase of a database so that entities may directly enter their DCRA data and will also address any other areas of concern arising during the 2023 implementation phase. 8 APPENDIX 1: NEW MEXICO ENTITIES IDENTIFIED TO REPORT DCRA Organization Name Acoma Police Department Administrative Office of the District Attorney Alamogordo Police Department Albuquerque Aviation Communications Albuquerque Police Academy Albuquerque Police Department Albuquerque Police Department Communications Division Albuquerque Public Schools Police Department Anthony Police Department Artesia Police Department Aztec Police Department Bayard Police Department Belen Police Department Bernalillo County Communications Bernalillo County Sheriff's Office Bernalillo County Sheriff's Office Regional Training Academy Bernalillo Metropolitan Detention Center Bernalillo Police Department BIA Northern Pueblos Agency BIA Southern Pueblos Agency BIA-OLEA Mescalero Agency BIA-OLES District IV Command Staff Bloomfield Police Department BNSF Railroad - Belen BNSF Railroad - El Paso, TX BNSF Railroad Police Department Bosque Farms Police Department Capitan Police Department Carlsbad Police Department Carrizozo Police Department Catron County Sheriff's Office Central New Mexico Correctional Facility Central New Mexico Community College Chama Police Department Chaves County Detention Center Chaves County Sheriff's Office Cibola County Detention Center 9 Cibola County Sheriff's Office Cibola Regional Communications Center Cimarron Police Department City Of Albuquerque Open Space Division Clayton Police Department Cloudcroft Police Department Clovis Police Department Colfax County Detention Center Colfax County Sheriff's Office Columbus Police Department Corrales Police Department Cuba Police Department Curry County Adult Detention Center Curry County Sheriff's Office De Baca County Detention Center De Baca County Regional Emergency Communication Center De Baca County Sheriff's Office Defense Threat Reduction Agency - Defense Nuclear Weapons School Deming Police Department Department of Information and Technology Department of Public Safety Dexter Department of Public Safety District Attorney's Office, (11th) Division I District Attorney's Office, (11th) Division II District Attorney's Office, 10th District District Attorney's Office, 12th District District Attorney's Office, 13th District District Attorney's Office, 1st District District Attorney's Office, 2nd District District Attorney's Office, 3rd District District Attorney's Office, 4th District District Attorney's Office, 5th District District Attorney's Office, 6th District District Attorney's Office, 7th District District Attorney's Office, 8th District District Attorney's Office, 9th District Dona Ana County Department of Corrections Dona Ana County Sheriff's Office Dona Ana County Sheriff's Office Academy Eastern NM University Department of Public Safety Eddy County Detention Center Eddy County Sheriff's Office Edgewood Police Department 10 Elida Police Department Espanola / Rio Arriba 911 Dispatch Espanola Fire Department Espanola Police Department Estancia Police Department Eunice Police Department Farmington Police Department Fort Sumner Police Department Gallup Police Department Grant County Detention Center Grant County Regional Dispatch Grant County Sheriff's Office Grants Police Department Guadalupe County Correctional Facility Guadalupe County Jail Guadalupe County Sheriff's Office Hagerman Department of Public Safety Hardin County Detention Center Hardin County Sheriff's Office Hatch Police Department Hidalgo County Adult Detention Center Hidalgo County Central Dispatch Hidalgo County Sheriff's Office Hobbs Police Department Hope Police Department Hurley Police Department Insurance Fraud Bureau Isleta Open Space Police Department Isleta Tribal Police Department Jal Police Department Jemez Pueblo Police Department Jemez Springs Police Department Jicarilla Apache Tribal Police Dept. Jicarilla Natural Resources Lake Arthur Police Department Las Cruces Police Department Las Cruces Police Department Training Academy Las Vegas Police Department Lea County Airport Security PD Lea County Communications Authority Lea County Correctional Facility Lea County Detention Center Lea County Sheriff's Office 11 Lincoln County Detention Center Lincoln County Sheriff's Office Logan Police Department Lordsburg Police Department Los Alamos County Detention Center Los Alamos County Police Department Los Alamos County Sheriff's Office Los Lunas Police Department Los Lunas School Resource Department Los Ranchos Department of Public Safety Loving Police Department Lovington Police Department Luna County Central Dispatch Luna County Department of Corrections Luna County Detention Center Luna County Sheriff's Office Magdalena Marshal's Office McKinley County Adult Detention Center McKinley County Metro Dispatch Authority McKinley County Sheriff's Office Melrose Police Department Mescalero Law Enforcement Agency Mesilla Marshal's Office Mesilla Valley Regional Dispatch Authority Milan Police Department Mora County Sheriff's Office Moriarty Police Department Mora County Jail Mosquero Police Department Mountainair Police Department National District Attorneys Association Natural Resource Enforcement Agency Navajo Department of Fish & Wildlife LE Navajo Department of Public Safety Navajo DPS - Shiprock New Mexico Asssociation of Chiefs of Police New Mexico Attorney General's Office New Mexico Department of Game & Fish New Mexico Department of Homeland Security and Emergency Management New Mexico EMNRD - Energy Conservation New Mexico EMNRD - Mining & Minerals New Mexico EMNRD - Oil & Gas New Mexico EMNRD - State Forestry 12 New Mexico EMNRD - State Parks New Mexico Energy, Minerals and Natural Resources Department New Mexico Gaming Control Board/ISD New Mexico Highlands University PD New Mexico Institute of Mining & Technology Police Department New Mexico Law Enforcement Academy New Mexico Livestock Board Inspec. Div New Mexico Lottery Authority New Mexico Military Institute Police Dep New Mexico Mounted Patrol New Mexico Racing Commission New Mexico Regulation and Licensing - Securities Division New Mexico State Fire Marshal's Office New Mexico State Police New Mexico State University Police Department New Mexico Tax Fraud Investigations Division Northeast New Mexico Correctional Facility Ohkay Owingeh Tribal Police Department Otero County Department of Corrections Otero County Prison Facility Otero County Sheriff's Office Pecos Marshal's Office Pecos Valley Regional Communication Center Penitentiary of New Mexico Pharmacy Board Picuris Pueblo Police Department Pojoaque Tribal Police Department Portales Police Department Public Agency Training Council Pueblo Of Laguna Conservation Department Pueblo of Laguna Police Department Pueblo of Tesuque Park & Wildlife Pueblo of Zuni Game & Fish Department Quay County Detention Center Quay County Sheriff's Office Questa Police Department Ramah-Navajo Police Department Raton Police Department Red River Marshal's Office Regional Emergency Dispatch Authority Rio Arriba County Adult Detention Facility Rio Arriba County Sheriff's Office Rio Rancho Police Department 13 Roosevelt County Detention Center Roosevelt County Sheriff's Office Roswell Correctional Center Roswell Police Department Roy Police Department Ruidoso Downs Police Department Ruidoso Police Department Sandoval County Detention Center San Ildefonso Pueblo Police Department San Juan County Adult Detention Center San Juan County Communications Authority San Juan County Criminal Justice Training Authority San Juan County Sheriff's Office San Miguel County Department of Corrections San Miguel County Sheriff's Office San Ysidro Marshal's Office Sandia Pueblo Tribal Police Department Sandoval County Communications Sandoval County Regional Emergency Communications Center Sandoval County Sheriff's Office Santa Ana Dept. of Conservation Enforcement Santa Ana Tribal Police Department Santa Clara Police Department Santa Clara Tribal Police Department Santa Fe County Adult Correctional Facility Santa Fe County Sheriff's Office Santa Fe Police Department Santa Fe Radio Communications Santa Fe Regional Emergency Communication Center Santa Rosa Police Department Sierra County Detention Facility Sierra County Regional Dispatch Authority Sierra County Sheriff's Office Silver City Police Department Socorro County Detention Center Socorro County Sheriff's Office Socorro Police Department Southeastern New Mexico Regional Law Enforcement Training Academy Southern New Mexico Correctional Facility Southern Ute Indian Tribal Police Springer Correctional Center Springer Police Department Sunland Park Police Department 14 Taos Adult Detention Center Taos Central Communications Authority Taos County Sheriff's Office Taos Police Department Taos Pueblo Dept. of Natural Resources Taos Pueblo Police Department Taos Ski Valley Department of Public Safety Tatum Police Department Taxation & Revenue - Inspector General Tesuque Tribal Police Department Texico Police Department Torrance County 911 Dispatch Center Torrance County Detention Center Torrance County Sheriff's Office Truth or Consequences Police Department Tucumcari Police Department Tucumcari Quay Regional Emergency Communications Center Tularosa Police Department Union County Detention Center Union County Sheriff's Office Union Pacific Railway PD University of New Mexico Police Department UNM - Valencia Campus Police Department Valencia County Adult Detention Center Valencia County Sheriff's Office Valencia Regional Emergency Communications Center Vaughn Police Department Village Of Angel Fire Police Department Village of Maxwell Police Department Wagon Mound Marshal's Office Western New Mexico Correctional Facility Western New Mexico University PD Western New Mexico University Police Academy White Mountain Apache Police White Sands Missile Range Police Dept. Williamsburg Police Department Zuni Police Department