N.M. Code R. § 8.139.120.17

Current through Register Vol. 35, No. 11, June 11, 2024

Section 8.139.120.17 - COOPERATION WITH LAW ENFORCEMENT AGENCIES

A. Notwithstanding any other provision of law, upon written request, HSD shall make available to any federal, state, or local law enforcement officer the address, social security number, and photograph (if available) of any household member, if the officer furnishes HSD with the name of the individual and notifies HSD that:

(1) the individual is fleeing to avoid prosecution, or custody or confinement after conviction for a crime, or attempt to commit a crime, that under the law of the place the member is fleeing is a felony, or in New Jersey is a high misdemeanor; or

(2) the individual is violating a condition of probation or parole imposed under federal or state law.

B. Information shall be provided if it is needed for the officer to conduct an official duty related to Paragraphs (1) or (2) of Subsection A of 8.139.120.17 NMAC above; locating or apprehending the individual as an official duty; and the request is being made in the proper exercise of an official duty.

C. Providing information to law enforcement shall not interfere with the department's responsibility to immediately report to the immigration and naturalization service (INS) the ineligibility of any individual who is present in the United States in violation of the Immigration and Nationality Act.

N.M. Code R. § 8.139.120.17

8.139.120.17 NMAC - Rn & A/E, 8.139.120.13 NMAC, 10/15/2008