N.M. Admin. Code § 10.40.2.11

Current through Register Vol. 35, No. 17, September 10, 2024

Section 10.40.2.11 - REDUCTIONS AND DENIALS

A. The commission board shall consider that the purpose of the New Mexico Crime Victims Reparation Act, as stated in Section 31-22-2 NMSA 1978, is to promote cooperation with law enforcement efforts and promote the public health, welfare, and safety of the citizens of New Mexico. In accordance with Section 31-22-7 C NMSA 1978, the commission board in determining whether to make an award may consider any circumstances it determines to be relevant.

(1) Also, as required by the statute, the commission board shall consider the behavior of the victim. This shall be applied equally and consistently to all persons. In considering the behavior of the victim, the commission board may reduce or deny an application under any relevant circumstances, including, but not limited to the following:

(a) knowing or willing involvement in the commission of a crime as defined in Section 30-1-4 NMSA 1978 at the time of incident;

(b) behavior constituting provocation or incitement;

(c) illegal drug use;

(d) gang-related crime or activity;

(e) knowingly or willingly riding in a vehicle operated by a person who is under the influence of alcohol or a controlled substance;

(f) operating a vehicle while legally intoxicated;

(g) failure to wear a seat belt as required by statute;

(h) victim/claimant knowingly falsifying application;

(i) intoxication where the judgment of a person would be impaired; or

(j) knowingly engaging in a physical altercation.

(2) In cases where the victim is under eighteen years of age or the victim is mentally or physically incapable of adhering to these requirements, the commission board may waive the above. In addition, the board may waive any of the above in the case of intimidation.

B. In accordance with the Crime Victims Reparation Act, Section 31-22-7 D (3) NMSA 1978, the commission, upon finding that a claimant or victim has not cooperated with law enforcement agencies or with investigators, agents, or representatives of the commission, may deny reparation.

(1) The claimant or victim may be considered uncooperative based on, but not limited to, the following acts:

(a) refusal to discuss the crime with the investigating police agencies;

(b) refusal to respond to questions posed by the investigating police agency regarding the crime on which the application is based;

(c) withholding or secreting information from the agency investigating the crime regarding the description, the identity, or the whereabouts of the offender; or refusal to act as a witness before a court with respect to the crime on which the application is based;

(d) refusal to prosecute the alleged suspect or pursue charges against the suspect of the crime on which the application is based;

(e) refusal or neglect to provide the information required by the commission to determine the validity of an application;

(f) impeding the progress of a criminal investigation of the crime on which the application is based; or

(g) advising other persons to refuse to cooperate with law enforcement agencies or with the commission in the conduct of their investigations.

(2) In cases where the victim is under eighteen years of age or the victim is mentally or physically incapable of adhering to these requirements, the commission board may waive the above.

C. Any application that has been denied by the commission may be reopened at the discretion of the commission.

N.M. Admin. Code § 10.40.2.11

11/7/91, 3/14/98; 10.40.2.11 NMAC - Rn & A, 10 NMAC 40.2.11, 08/31/06