Section 29-13-4 - Determination of needs and rate of distribution. - New Mexico Statutes

29-13-4. Determination of needs and rate of distribution.

A.     Annually on or before April 15, the division shall consider and determine the relative needs as requested by tribal, municipal and university police and county sheriff's departments for money in the fund pursuant to the provisions of Subsection B of this section.   

B.     The division shall determine the rate of distribution of money in the fund to each tribal, municipal and university police and county sheriff's department as follows:   

(1)     all municipal police and county sheriff's departments shall be rated by class pursuant to this paragraph in accordance with populations established by the most recently completed decennial census; provided that the population of any county shall not include the population of any municipality within that county that has a municipal police department. The rate of distribution to which a municipal police or county sheriff's department is entitled is the following:   

      CLASS POPULATION AMOUNT  1 0 to 20,000 $20,000    2 20,001 to 160,000 30,000   3 160,001 to 1,280,000 40,000 ;   

(2)     university police departments shall be entitled to a rate of distribution of seventeen thousand dollars ($17,000)[;]   

(3)     tribal police departments shall be entitled, unless allocations are adjusted pursuant to the provisions of Subsection C of this section, to six hundred dollars ($600) for each commissioned peace officer in the tribe. To be counted as a commissioned peace officer for the purposes of this paragraph, a commissioned peace officer shall have been assigned to duty and have worked in New Mexico for no fewer than two hundred days in the calendar year immediately prior to the date of payment. Payments shall be made for only those divisions of the tribal police departments that perform services in New Mexico. No tribal police department shall be eligible for any disbursement under the fund if commissioned peace officers cite non-Indians into the tribal court for civil or criminal citations; and   

(4)     municipal and university police and county sheriff's departments shall be entitled, unless allocations are adjusted pursuant to the provisions of Subsection C of this section, to six hundred dollars ($600) for each police officer or sheriff's deputy employed full time by his department who has been certified by the New Mexico law enforcement academy as a police officer or has been authorized to act as a New Mexico peace officer pursuant to the provisions of Section 29-1-11 NMSA 1978.   

C.     After distributions are determined in accordance with Subsection A and Paragraphs (1) and (2) of Subsection B of this section, if the balance in the fund is insufficient to permit the total allocations provided by Paragraphs (3) and (4) of Subsection B of this section, the division shall reduce that allocation to the maximum amount permitted by available money.