0001| HOUSE BILL 115 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| CISCO MCSORLEY | 0006| | 0007| | 0008| | 0009| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE | 0010| | 0011| AN ACT | 0012| RELATING TO CORRECTIONS; REQUIRING A PRIVATE CONTRACTOR | 0013| OPERATING A CORRECTIONAL FACILITY TO PROVIDE VOCATIONAL AND | 0014| REHABILITATIVE PROGRAMMING TO INMATES INCARCERATED IN THE | 0015| FACILITY; AMENDING A SECTION OF THE NMSA 1978. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Section 1. Section 33-1-17 NMSA 1978 (being Laws 1985, | 0018| Chapter 149, Section 1, as amended) is amended to read: | 0019| "33-1-17. PRIVATE CONTRACT.-- | 0020| A. The corrections department may contract for the | 0021| operation of any adult female facility or for housing adult | 0022| female inmates in a private facility with a person or entity in | 0023| the business of providing correctional or jail services to | 0024| government entities. | 0025| B. The corrections department may contract with a | 0001| person or entity in the business of providing correctional or | 0002| jail services to government entities for: | 0003| (1) a correctional facility in Guadalupe county | 0004| of not less than five hundred fifty and not more than two | 0005| thousand two hundred beds; | 0006| (2) a correctional facility in Lea, Chaves or | 0007| Santa Fe county of not less than one thousand two hundred and | 0008| not more than two thousand two hundred beds; | 0009| (3) design and construction of a support | 0010| services building, a laundry and an infirmary at the | 0011| penitentiary of New Mexico in Santa Fe; or | 0012| (4) construction of a public facility to house | 0013| a special incarceration alternative program for adult male and | 0014| adult female felony offenders. | 0015| C. The authorization in Subsection B of this section | 0016| for a correctional facility in Guadalupe county and a | 0017| correctional facility in Lea, Chaves or Santa Fe county is | 0018| contingent upon construction of both facilities, so that one of | 0019| the facilities shall not be constructed unless both of the | 0020| facilities are constructed, as nearly as practicable, | 0021| simultaneously. | 0022| D. The corrections department shall solicit | 0023| proposals and award any contract under this section in | 0024| accordance with the provisions of the Procurement Code. The | 0025| contract shall include such terms and conditions as the | 0001| corrections department may require after consultation with the | 0002| general services department; provided that the terms and | 0003| conditions shall include provisions: | 0004| (1) setting forth comprehensive standards for | 0005| conditions of incarceration; | 0006| (2) requiring that vocational and | 0007| rehabilitative programming be provided to inmates incarcerated | 0008| in the facility; | 0009| ~~[(2)]~~ (3) that the contractor assumes all | 0010| liability caused by or arising out of all aspects of the | 0011| provision or operation of the facility; | 0012| ~~[(3)]~~ (4) for liability insurance or other | 0013| proof of financial responsibility acceptable to the general | 0014| services department covering the contractor and its officers, | 0015| employees and agents in an amount sufficient to cover all | 0016| liability caused by or arising out of all aspects of the | 0017| provision or operation of the facility; | 0018| ~~[(4)]~~ (5) for termination for cause upon | 0019| ninety days' notice to the contractor for failure to meet | 0020| contract provisions when such failure seriously affects the | 0021| availability or operation of the facility; | 0022| ~~[(5)]~~ (6) that venue for the enforcement of | 0023| the contract shall be in the district court for Santa Fe county; | 0024| ~~[(6)]~~ (7) that continuation of the contract | 0025| is subject to the availability of funds; and | 0001| ~~[(7)]~~ (8) that compliance with the contract | 0002| shall be monitored by the corrections department and the | 0003| contract may be terminated for noncompliance. | 0004| E. When the contractor begins operation of a | 0005| facility for which private contractor operation is authorized, | 0006| his employees performing the functions of correctional officers | 0007| shall be deemed correctional officers for the purposes of | 0008| Sections 33-1-10 and 33-1-11 NMSA 1978 but for no other purpose | 0009| of state law, unless specifically stated. | 0010| F. Any contract awarded pursuant to this section may | 0011| include terms to provide for the renovation of the facility or | 0012| for the construction of new buildings. Work performed pursuant | 0013| to such terms and conditions shall not be considered a capital | 0014| project as defined in Section 15-3-23.3 NMSA 1978 or a state | 0015| public works project as defined in Section 13-1-91 NMSA 1978 nor | 0016| shall it be subject to the requirements of Section 13-1-150 NMSA | 0017| 1978 or of the Capital Program Act, review by the staff | 0018| architect of the property control division of the general | 0019| services department pursuant to Section 15-3-20 NMSA 1978 or | 0020| regulation by the director of that division pursuant to Section | 0021| 15-3-11 NMSA 1978. | 0022| G. Any contract entered into by the corrections | 0023| department with a private contractor to operate an existing | 0024| facility shall include a provision securing the right of all | 0025| persons employed by that facility prior to the effective date of | 0001| that contract to be employed by that contractor in any position | 0002| for which they qualify before that position is offered to any | 0003| person not employed by that facility prior to that date." | 0004| Section 2. EFFECTIVE DATE.--The effective date of the | 0005| provisions of this act is July 1, 1996. | 0006| - 5 - | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| |