In deciding whether to impose a disqualification, a decision-maker shall undertake an individualized assessment to determine whether the benefit or opportunity at issue should be denied the individual. In making that decision, the decision-maker may consider, if substantially related to the benefit or opportunity at issue, the particular facts and circumstances involved in the offense and the essential elements of the offense. A conviction itself shall not be considered except as having established the elements of the offense. The decision-maker shall also consider other relevant information, including the effect on third parties of granting the benefit or opportunity and whether the individual has been granted relief such as an order of limited relief.
History: Laws 2021, ch. 58, § 8.
Effective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 8 effective January 1, 2022.
Structure 2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 29 - Uniform Collateral Consequences of Conviction
Section 31-29-1 - Short title. (Effective January 1, 2022.)
Section 31-29-2 - Definitions. (Effective January 1, 2022.)
Section 31-29-3 - Limitation on scope. (Effective January 1, 2022.)
Section 31-29-7 - Authorization required for sanction; ambiguity. (Effective January 1, 2022.)
Section 31-29-8 - Decision to disqualify. (Effective January 1, 2022.)
Section 31-29-10 - Order of limited relief. (Effective January 1, 2022.)
Section 31-29-12 - Issuance of order of limited relief. (Effective January 1, 2022.)
Section 31-29-13 - Reliance on order as evidence of due care. (Effective January 1, 2022.)
Section 31-29-14 - Victim's rights. (Effective January 1, 2022.)
Section 31-29-15 - Uniformity of application and construction. (Effective January 1, 2022.)
Section 31-29-16 - Saving and transitional provisions. (Effective January 1, 2022.)