TITLE 7 HEALTH
CHAPTER 1 HEALTH GENERAL PROVISIONS
PART 19 VIOLENCE INTERVENTION PROGRAM FUND
7.1.19.1 ISSUING
AGENCY: New Mexico Department of Health, epidemiology
and response division.
[7.1.19.1 NMAC - N,
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7.1.19.2 SCOPE: The violence
intervention program fund shall apply to requests made for funds available
pursuant to the Violence Intervention Fund Act, Sections 24-34-1, et seq, NMSA
1978.
[7.1.19.2 NMAC - N,
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7.1.19.3 STATUTORY AUTHORITY: This rule is promulgated pursuant to the
following statutory authorities:
A. The Department
of Health Act, Subsection E of Section 9-7-6, NMSA 1978, which authorizes the
secretary of the department of health to “make and adopt such reasonable and procedural
rules and regulations as may be necessary to carry out the duties of the
department and its divisions”.
B. The Violence Intervention Program Fund Act, Section 31-30-8,
NMSA 1978, which authorizes the department of health to adopt rules to carry
out the provisions of the act.
[7.1.19.3 NMAC - N,
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7.1.19.4 DURATION: Permanent.
[7.1.19.4 NMAC - N,
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7.1.19.5 EFFECTIVE
DATE: April 25, 2023, unless a later date
is cited at the end of a section.
[7.1.19.5 NMAC - N,
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7.1.19.6 OBJECTIVE: The objective of Part 19, Chapter 1 is to
establish standards and procedures for funding programs under the Violence Intervention Program Fund Act. These standards and procedures are designed
for the purpose of making funds available to administer the provisions of the
Violence Intervention Program Act and award violence intervention program
grants to state agencies, counties, municipalities or tribal governments that
the department finds are disproportionately impacted by
violent crimes, including homicides, shootings and aggravated assaults, and
develop standards pertaining to the collection and sharing of data by grantees. This rule will inform eligible agencies and stakeholders
of the procedures to access funds. The
department of health through the injury and behavioral epidemiology bureau,
will administer the fund pursuant to the Violence Intervention Program Fund Act
and this rule.
[7.1.19.6 NMAC - N,
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7.1.19.7 DEFINITIONS:
A. Definitions beginning with “A”:
(1) “Accumulation” defined as the
prior approved expenditure or disposition in the current fiscal year of funds
distributed in the fiscal year.
(2) “Act” defined as the Violence
Intervention Program Fund Act, Section 24-34-1, et seq, NMSA 1978.
B. Definitions beginning with “B”:
“Bureau” defined as the injury and
behavioral epidemiology bureau of the epidemiology and response division, New
Mexico department of health.
C. Definitions beginning with “C”:
(1) “Chief” defined as the bureau chief of the injury
and behavioral epidemiology bureau.
(2) “Commission” defined as the
New Mexico sentencing commission.
(3) “Community-based service provider”
defined as an entity that is eligible to be awarded a contract to provide
services that accomplish the purposes of the Violence Intervention Program Act.
D. Definitions beginning with “D”:
(1) “Department” defined as the New Mexico department of health.
(2) “Director” defined as the
director of the epidemiology and response division.
(3) “Division” defined as the
epidemiology and response division.
E. Definitions beginning with “E”: [RESERVED]
F. Definitions beginning with “F”:
(1) “Fiscal year” defined as the
state fiscal year that runs from July 1 through June 30 each year.
(2) “Fund” defined as the violence
intervention program fund.
G. Definitions beginning with “G”:
“Grantee” defined as a state
agency, county, municipality or tribal government that has applied for and
received funding pursuant to the Violence Intervention Program Act for the
purposes of addressing gun violence and aggravated assaults in a locally
focused geographic area.
H. Definitions beginning with “H”: [RESERVED]
I. Definitions beginning with “I”: [RESERVED]
J. Definitions beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”: [RESERVED]
M. Definitions beginning with “M”: [RESERVED]
N. Definitions beginning with “N”: [RESERVED]
O. Definitions beginning with “O”: [RESERVED]
P. Definitions beginning with “P”: [RESERVED]
Q. Definitions beginning with “Q”: [RESERVED]
R. Definitions beginning with “R”: [RESERVED]
S. Definitions beginning with “S”: “Secretary” defined as the
secretary of the New Mexico department of health.
T. Definitions beginning with “T”: [RESERVED]
U. Definitions beginning with “U”: [RESERVED]
V. Definitions beginning with “V”: [RESERVED]
W. Definitions beginning with “W”: [RESERVED]
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[7.1.19.7 NMAC - N,
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7.1.19.8 DUTIES
OF THE BUREAU: The bureau shall administer the fund,
administer the provisions of the Violence Intervention Program Act and pursuant
to the Act and this rule receive and review applications for and award violence
intervention program grants to state agencies, counties, municipalities or
tribal governments that the department finds are disproportionately impacted by
violent crimes, including homicides, shootings and aggravated assaults.
[7.1.19.8 NMAC - N,
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7.1.19.9 DUTIES
OF THE COMMISSION: The commission shall:
A. provide state agencies, counties,
municipalities and tribal governments with data relevant to grant applications pursuant to Subsection B of Section 31-30-5 NMSA 1978;
B. each year through 2027, with the
department, the commission shall report to the legislature by December 1
regarding the awards and outcomes of each grantee pursuant to Subsection B of Section
31-30-9, NMSA 1978.
[7.1.19.9 NMAC - N,
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7.1.19.10 ANNUAL REPORTS: Each grantee shall report to the department
and the commission by November 1 of each year regarding the:
A. purpose and amount of each grant received by the grantee
for the previous fiscal year; and
B. processes, outputs and outcomes resulting from each grant
approved by the department for the previous fiscal year, including relevant
data as required by department rules.
[7.1.19.10 NMAC - N,
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7.1.19.11 VIOLENCE INTERVENTION PROGRAM: The purpose of the Violence Intervention
Program Act is to create a non-reverting fund in the state treasury, the
"violence intervention program fund", to consist of appropriations,
gifts, grants and donations, to be administered by the department for awarding
violence intervention program grants to state agencies, counties,
municipalities or tribal governments that the department finds are
disproportionately impacted by violent crimes, including homicides, shootings
and aggravated assaults.
A. Eligibility:
subject to the availability of the funds in the violence intervention
fund, state agencies, counties, municipalities or
tribal governments that the department finds are disproportionately
impacted by violent crimes, including homicides, shootings and aggravated
assaults may apply for funding under this rule.
B. Application process: In the first year of the program, within 60 days
of the effective date of this rule, and thereafter, annually prior to the start
of each state fiscal year, eligible state agencies, counties, municipalities,
or tribal governments may apply to participate in the violence intervention
fund program by submitting the application forms in a timely manner, as
prescribed and distributed by the bureau. Such application forms will include, but not
be limited to:
(1) Grant application form provided by
the bureau including, but not limited to the following:
(a) budget form and narrative including a
plan of expenditure for the amounts requested from the fund;
(b) project narrative which includes:
(i) need
statement-provide a description of your agency and the constituents you serve. This narrative should describe the severity of
violence and its impact on the community, as well as a description of the unmet
need or problem that the grant project will address;
(ii) project description including
identified high-risk target population and programs to address the problem.
(2) Violence prevention strategic plan - the
strategic plan must include, at a minimum:
(a) an assessment of current violence
prevention capacity and any current violence prevention activities and their effectiveness;
(b) description of selected evidence-based,
evidence informed, or research-based programs and strategies to be implemented;
(c) action plans for program
implementation and evaluation;
(d) statement of desired (measurable)
outcomes and criteria with which to assess implementation success.
C. Funding amounts:
Based upon the allocation decision by the authority in 7.27.9.12 NMAC, Funding
amounts shall be determined by the department, will be based on criteria
described in the grant application form, and will be dependent on availability
of funds in the violence intervention fund.
D. Accumulation: It
is anticipated that the entire amount of the annual award to each grantee will
be spent during the fiscal year in which it is awarded. In the event that
the entire amount cannot or will not be expended, the grantee must return the
unexpended balance to the bureau unless it submits an accumulation and
expenditure plan that is approved by the bureau prior to the close of the
fiscal year in which it was awarded. The
bureau may approve up to one additional fiscal year to expend the balance.
[7.1.19.11 NMAC - N,
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7.1.19.12 GENERAL PROVISIONS: Oversight, inspection, and audit: The department is responsible for the
oversight of expenditures from the fund.
All recipients of violence intervention funds under the act shall be
subject to reasonable oversight and as needed, visitation by authorized
representatives of the bureau. Records
of purchases, training programs, or personnel expenditures accomplished with
awards from the fund shall be open for inspection. This oversight may include an objective audit
if deemed necessary. Findings from all
oversight activities will be shared with the fund recipient and as appropriate
a written deficiency correction report may be requested.
[7.1.12. NMAC - N,
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HISTORY OF 7.1.19
NMAC: [RESERVED]