A. The New Mexico sentencing commission is authorized to inspect, copy, receive and review all records, data and information in the possession of state, county and local government agencies, except records, data or information that:

(1) is privileged under the rules of evidence;

(2) compromises or tends to disclose any privileged record or information; or

(3) consists of reports, memoranda or other internal documents given to or communications made to a prosecutor or defense attorney in connection with the investigation, prosecution or defense of a criminal case.

B. The New Mexico sentencing commission shall promulgate rules setting forth procedures for inspecting, copying, receiving, reviewing and reporting records, data and information necessary to fulfill its duties. State, county and local government agencies shall assist the commission in obtaining the records, data and information necessary to fulfill the commission's duties. All records, data and information received or obtained by the commission shall have the same status with regard to access or release as when the records, data or information was in the possession of the entity from which the commission received it.

History: 1978 Comp., § 9-3-10.1, enacted by Laws 1994, ch. 19, § 2; 2003, ch. 75, § 2.

Cross references. — For Rules of Evidence, see Rule 11-101 NMRA et seq.

The 2003 amendment, effective July 1, 2003, substituted "New Mexico sentencing commission" for "criminal and juvenile justice coordinating council" throughout the section; substituted "commission" for "council" throughout the section; substituted "is" for "are" at the beginning of Subsection A(1); in Subsection A(2), substituted "compromises" for "compromise" at the beginning and substituted "tends" for "tend" near the middle; substituted "consists of" for "are" at the beginning of Subsection A(3), and made stylistic changes.