Section 29-16-4 - Administrative center; powers and duties; transfer to other law enforcement agency.
29-16-4. Administrative center; powers and duties; transfer to other law enforcement agency.
A. The administrative center shall be an appropriate unit of the department or such other qualified New Mexico law enforcement agency as the secretary of public safety may designate in accordance with this section that meets the requirements for participation in the national DNA index system.
B. The administrative center shall:
(1) establish and administer the DNA identification system. The DNA identification system shall provide for collection, storage, DNA testing, maintenance and comparison of samples and DNA records for forensic and humanitarian purposes. Those purposes shall include generation of investigative leads, statistical analysis of DNA profiles and identification of missing persons and unidentified human remains. Procedures used for DNA testing shall be compatible with the procedures the federal bureau of investigation has specified, including comparable test procedures, laboratory equipment, supplies and computer software. Procedures used shall meet or exceed the provisions of the federal DNA Identification Act of 1994 regarding minimum standards for state participation in CODIS, including minimum standards for the acceptance, security and dissemination of DNA records;
(2) coordinate sample collection activities;
(3) perform or contract for DNA testing;
(4) serve as a repository for samples and DNA records;
(5) act as liaison with the federal bureau of investigation for purposes of CODIS;
(6) adopt rules and procedures governing:
(a) sample collection;
(b) DNA testing;
(c) the DNA identification system and DNA records;
(d) the acceptance, security and dissemination of DNA records; and
(e) communication between local, state and federal law enforcement agencies, the corrections department and local jails and detention facilities in order to minimize duplicate sample collections from the same individual;
(7) provide training to jail and detention facility personnel who are required to collect samples pursuant to Section 29-3-10 NMSA 1978;
(8) be reimbursed for, pursuant to the DNA Identification Act, the costs of sample collection and DNA testing of samples taken for the purposes of the identification of missing persons and unidentified human remains;
(9) establish and administer the missing persons DNA identification system as a part of the DNA identification system; and
(10) establish and administer the sex offender DNA identification system as part of the DNA identification system.
C. The secretary of public safety may designate, pursuant to a joint powers agreement, the crime laboratory of the police department for the largest municipality in a class A county having a population of more than two hundred fifty thousand at the most recent federal decennial census to act as the administrative center.
D. The secretary of public safety may designate, pursuant to a joint powers agreement, any other law enforcement agency to act as administrative center upon recommendation of five voting members of the DNA oversight committee.