HB 428 — RULES DEFINITIONS FOR CORRECTIONS

HOUSE BILL 428 57TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Micaela Lara Cadena 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby RULEMAKING;a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

AMENDINGThe THEdocument DEFINITIONis OFa "RULE"tool INto THEshow ADMINISTRATIVEamendments PROCEDURESin ACTcontext ANDand THEcannot STATEbe RULESused ACTfor REGARDINGthe THEpurpose RULESof CONCERNINGadding THEamendments RELEASEto OFlegislation. INMATES OF PENAL OR CORRECTIONAL INSTITUTIONS;

REQUIRINGh THEAN CORRECTIONSACT DEPARTMENTg TOo PROVIDERELATING FOR NOTICE OF ADOPTION OF RULES PERTAINING TO INMATES,RULEMAKING; PROBATIONERS AND PAROLEES;

REQUIRINGAMENDING THE eDEFINITION OF "RULE" IN t 17hr CORRECTIONSg DEPARTMENTe TOi PROVIDEk FORTHE PUBLICADMINISTRATIVE COMMENTPROCEDURES ACT AND wTHE lSTATE nRULES dACT 18h PUBLISHr Ai NOTICEs REGARDING THE RULES CONCERNING THE RELEASE OF ADOPTIONINMATES OF RULESPENAL INh CERTAIN, NEWSt, OUTLETS.OR CORRECTIONAL INSTITUTIONS;

=REQUIRING =THE 19CORRECTIONS ae lu ig ae b l e re 20h BEDEPARTMENT ITTO ENACTEDPROVIDE BYFOR THENOTICE LEGISLATUREOF ADOPTION OF THERULES STATEn OFd NEWd MEXICO:i = = o h PERTAINING TO INMATES, PROBATIONERS AND PAROLEES;

REQUIRING THE l ] b ,d i a º e CORRECTIONS DEPARTMENT TO PROVIDE FOR PUBLIC COMMENT AND r i = r t me w d m 21a SECTIONn 1.o PUBLISH A NOTICE OF ADOPTION OF RULES IN CERTAIN NEWS OUTLETS d m :

Sectionb 12-8-2e NMSAd 1978s (beingº Lawso 1969,t dn r= .230635.1AIC March 9, 2025 (12:03pm) s k m e 22e Chaptera 252,n Sectione 2)d isr amendede tol read:u [ A d HJCº;

cPROVIDING eTHAT sA kRULE 23SHALL "12-8-2.NOT INCLUDE INTERNAL SECURITY PROCEDURES»HJC .

DEFINITIONS.--AsBE usedIT inENACTED theBY AdministrativeTHE eLEGISLATURE aOF nTHE bSTATE 24OF ProceduresNEW Act:MEXICO:

uSECTION [1. A.

"agency"Section means12-8-2 anyNMSA state1978 board,(being commission,Laws .230635.11969, departmentChapter or252, officerSection that2) is authorizedamended by law to makeread: rules, conduct adjudicatory proceedings, make determinations, grant licenses, impose sanctions, grant or withhold relief or perform other actions or duties delegated by law and [which] that is specifically placed by law under the Administrative Procedures Act;

"12-8-2.

DEFINITIONS.--As used in the Administrative Procedures Act:

A.

"agency" means any state board, commission, department or officer that is authorized by law to make rules, conduct adjudicatory proceedings, make determinations, grant licenses, impose sanctions, grant or withhold relief or perform other actions or duties delegated by law and [which ] that is specifically placed by law under the Administrative Procedures Act;

"adjudicatory proceeding" means a proceeding before an agency, including but not limited to ratemaking and h licensing, in which legal rights, duties or privileges of a u » r t h party are required by law to be determined by an agency after g e l i an opportunity for a trial-type hearing;

but does not include a h r i s mere rulemaking proceeding as provided in Section [3 of the h , e h t u g Administrative Procedures Act] 12-8-3 NMSA 1978.

It also e b l e e , gh includes the formation and issuance of any order, the n d d i = = o h imposition or withholding of any sanction and the granting or l ] b ,d i a º r e r = withholding of any relief, as well as any of the foregoing t e tw 17d m a n o types of determinations or actions wherein no procedure or w l n d 18m hearing: provision has been otherwise provided for or required = = 19 a l by law;

ib r e t º o t n = .230635.1AIC March 9, 2025 (12:03pm) s k m e - 2 - e a n e d r 20e C.l u [ A d hearing provision has been otherwise provided for or required by law;

"license"C. includes the whole or part of any a t m m 21 agency permit, certificate, approval, registration, charter, d r e 22 membership, statutory exemption or other form of permission c e s k 23 required by law;

e"license" aincludes nthe bwhole 24or D.part of any agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission required by law;

"licensing"D. includes the agency process u [ respecting the grant, denial, renewal, revocation, suspension, .230635.1 - 2 - annulment, withdrawal, amendment, limiting, modifying or conditioning of a license;

"licensing" includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, amendment, limiting, modifying or conditioning of a license;

"person" means any individual, partnership, corporation, association, governmental subdivision or public or h private organization of any character other than an agency;

u » r G.

"rule" includes the whole or any part of every t h g e l i regulation, standard, statement or other requirement of general h r i s or particular application adopted by an agency to implement, h , e h interpret or prescribe law or policy enforced or administered t u g e b l e e , gh by an agency, if the adoption or issuance of such rules is n d d i = = o h specifically authorized by the law giving the agency l ] b ,d i a º r jurisdiction over such matters.

It also includes any statement e tr 17= oft proceduree or practice requirements specifically authorized w l n d 18m bya then Administrativeo Proceduresof Actprocedure or otherpractice law,requirements butspecifically itauthorized doesd =m =: 19 a l not include:

ib ar e rt 20º (1)o advisoryt rulingsn issued= under.230635.1AIC SectionMarch [99, a2025 t(12:03pm) ms k m 21e of- 3 - e a n e d r e l u [ A d by the Administrative Procedures Act]Act 12-8-9or NMSAother 1978;law, but it does not include:

d(1) radvisory erulings 22issued (2)under regulationsSection concerning[9 only the internal c e s k 23 management or discipline of the adoptingAdministrative agencyProcedures orAct] any12-8-9 otherNMSA e1978; a n b 24 agency and not affecting the rights of, or the procedures u [ available to, the public or any person except an agency's .230635.1 - 3 - members, officers or employees in their capacity as such member, officer or employee;

(3)(2) regulations concerning only the management,internal confinement,management or discipline of the adopting agency or releaseany ofother inmatesagency ofand statenot [penal,affecting correctional]the rights of, or the procedures available to, the public healthor any person except an agency's members, officers or mentalemployees institutions;in their capacity as such member, officer or employee;

(4)(3) regulations relatingconcerning toonly the usemanagement, ofconfinement, highwaysdiscipline or streetsrelease whenof theinmates substance of thestate regulations[penal, iscorrectional indicated] to the public byhealth means of signs or signals;mental institutions;

or(4) (5)regulations decisionsrelating issuedto orthe actionsuse takenof highways or deniedstreets inwhen adjudicatorythe proceedings;substance of the regulations is h indicated to the public by means of signs or signals;

H.or g o t hr (5) decisions issued or actions taken or g e i k denied in adjudicatory proceedings;

"rulemaking"h meansr anyi agencys processH. for the formation, amendment or repeal of a rule;

I."rulemaking" means any agency process for the h , t, formation, amendment or repeal of a rule;

"order"e meansu theg wholee orb anyl parte of the final or interim disposition, whether affirmative, negative, injunctive or declaratory in form, by an agency in any matter e th 17I. other than rulemaking but including licensing;

w"order" lmeans the whole or any part of the final n d 18d J.i = = o h or interim disposition, whether affirmative, negative, l ] b ,d i a º e injunctive or declaratory in form, by an agency in any matter r i = r t e w d m a n o other than rulemaking but including licensing;

"sanction"d includesm the: whole or part of any = = 19 a l agency:

ib a e rd 20s (1)º prohibition,o requirement,t limitationn or= a.230635.1AIC tMarch m9, m2025 21(12:03pm) others conditionk affectingm thee freedom- of4 any- persone ora [his]n e d r e 22l theu person's[ property;A d J.

c"sanction" eincludes sthe kwhole 23or (2)part withholding of relief;any agency: