45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CORRECTIONS; PROVIDING THE SECRETARY OF CORRECTIONS WITH AUTHORITY TO SUPERVISE THE INCARCERATION OF OUT-OF-STATE INMATES IN PRIVATELY OPERATED CORRECTIONAL FACILITIES OR JAILS; ASSESSING A FEE; ENACTING A NEW SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of Chapter 33, Article 1 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SECRETARY'S AUTHORITY TO SUPERVISE THE INCARCERATION OF OUT-OF-STATE INMATES IN PRIVATELY OPERATED CORRECTIONAL FACILITIES OR PRIVATELY OPERATED JAILS--ASSESSING A FEE.--

A. An inmate from a jurisdiction other than New Mexico shall not be incarcerated in a privately operated correctional facility or privately operated jail in New Mexico:

(1) unless the privately operated correctional facility or privately operated jail is designed to meet or exceed the appropriate classification level for the inmate; and

(2) without the express approval of the secretary of corrections. The secretary shall not unreasonably withhold his approval.

B. The operator of a privately operated correctional facility shall pay a fee, on a quarterly basis, to the county sheriff's department of the county in which the privately operated correctional facility is located. The amount of the fee shall be seventy-five cents ($0.75) per inmate per day for each inmate from a jurisdiction other than New Mexico who is incarcerated in the privately operated correctional facility."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.