| New
Mexico Megan's
Law and Victim's Rights
(1)The right to respect
A victim or the victimís representative shall have
the right to be treated with fairness and respect for the victim's dignity and
privacy throughout the criminal justice process.
(2)The right to be informed
The right to notification of court
proceedings
The right to information about the conviction, sentencing,
imprisonment, escape or release of the accused
The right to have the
prosecuting attorney notify the victim's employer, if requested by the victim,
of the necessity of the victim's cooperation and testimony in a court proceeding
that may necessitate the absence of the victim from work for good cause
(3)The right to be present
The right to attend all public court
proceedings the accused has the right to attend
(4)The right to be heard
The right to confer with the prosecution;
(b)
The right to make a statement to the court at sentencing and at any
post-sentencing hearings for the accused;
Please refer to the State of Amendment for further information regarding the
victims' rights.
Sec. 24. [Crime victims' rights.]
A. A victim of arson resulting in bodily injury, aggravated arson, aggravated
assault, aggravated battery, dangerous use of explosives, negligent use of a
deadly weapon, murder, voluntary manslaughter, involuntary manslaughter,
kidnapping, criminal sexual penetration, criminal sexual contact of a minor,
homicide by vehicle, great bodily injury by vehicle or abandonment or abuse of a
child or that victim's representative shall have the following rights as
provided by law:
The right to be treated with fairness and respect for the victim's dignity
and privacy throughout the criminal justice process;
The right to timely
disposition of the case;
The right to be reasonably protected from the
accused throughout the criminal justice process;
The right to notification of
court proceedings;
The right to attend all public court proceedings the
accused has the right to attend;
The right to confer with the
prosecution;
The right to make a statement to the court at sentencing and at
any post-sentencing hearings for the accused;
The right to restitution from
the person convicted of the criminal conduct that caused the victim's loss or
injury;
The right to information about the conviction, sentencing,
imprisonment, escape or release of the accused;
The right to have the
prosecuting attorney notify the victim's employer, if requested by the victim,
of the necessity of the victim's cooperation and testimony in a court proceeding
that may necessitate the absence of the victim from work for good cause; and
The right to promptly receive any property belonging to the victim that is
being held for evidentiary purposes by a law enforcement agency or the
prosecuting attorney, unless there are compelling evidentiary reasons for
retention of the victim's property.
B. A person accused or convicted of a crime against a victim shall have no
standing to object to any failure by any person to comply with the provisions of
Subsection A of Section 24 of Article 2 of the constitution of New Mexico.
C. The provisions of this amendment shall not take effect until the
legislature enacts laws to implement this amendment.
| Contact Person: |
Paul Herrera - Department of Public Safety (505) 827-9026. |
| Offenders Required to Register: |
All sex offenders, eighteen years of age or older, convicted on or after
July 1, 1995 AND all sex offenders convicted prior to July 1, 1995 who on that
date were incarcerated, on probation or parole. |
| Information Collected: |
Aliases, date of birth, social security number, place of employment,
conviction, date and place of conviction, photo, fingerprints, and any
distinguishing features, e.g. tattoos or scars. |
| Administrating Agency: |
Department of Public Safety, county sheriff. |
| Timeframe for Registration: |
10 days after release, 10 days after coming into the state, 10 days after
changing residences. |
| Applies to Out of State Offenders: |
Yes |
| Duration of Requirement: |
10 to 20 years, depending upon charges. |
| Verification of Address: |
Yes. |
| Penalties for Non-Compliance: |
4th degree felony. One year prison sentence for non-compliance. |
| Access to Information: |
Within 7 days of receiving registration information County Sheriff shall
inform every licensed daycare center, elementary school, middle school and high
school within a one-mile radius of place of residence. The public can also
obtain sex offender registration information by contacting County
Sheriff. |
| Confidentiality Provision: |
Yes. |
| Number Registered: |
1,490 |
| Percent Compliance: |
Not known* |
| Internet Access: |
http://www.nmsexoffender.com |
|
