0001|                         HOUSE BILL 123
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                        JERRY LEE ALWIN
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0006|     
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0007|     
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0008|     
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0009|     FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0010|     
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0011|                             AN ACT
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0012|     RELATING TO CORRECTIONS; PROVIDING EXPRESS STATUTORY AUTHORITY
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0013|     FOR THE PRIVATE OPERATION OF ANY ADULT CORRECTIONAL FACILITY;
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0014|     AMENDING A SECTION OF THE NMSA 1978.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|       Section 1.  Section 33-1-17 NMSA 1978 (being Laws 1985,
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0018|     Chapter 149, Section 1, as amended) is amended to read:
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0019|       "33-1-17.  PRIVATE CONTRACT.--
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0020|            A.  The corrections department may contract for the
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0021|     operation of any adult <s>[female]</s> facility or for housing adult
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0022|     <s>[female]</s> inmates in a private facility with a person or entity
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0023|     in the business of providing correctional or jail services to
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0024|     government entities.
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0025|            B.  The corrections department may contract with a
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0001|     person or entity in the business of providing correctional or
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0002|     jail services to government entities for: 
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0003|                 (1)  a correctional facility in Guadalupe county
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0004|     of not less than five hundred fifty and not more than two
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0005|     thousand two hundred beds;
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0006|                 (2)  a correctional facility in Lea, Chaves or
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0007|     Santa Fe county of not less than one thousand two hundred and
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0008|     not more than two thousand two hundred beds;
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0009|                 (3)  design and construction of a support
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0010|     services building, a laundry and an infirmary at the
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0011|     penitentiary of New Mexico in Santa Fe; or
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0012|                 (4)  construction of a public facility to house
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0013|     a special incarceration alternative program for adult male and
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0014|     adult female felony offenders.
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0015|            C.  The authorization in Subsection B of this section
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0016|     for a correctional facility in Guadalupe county and a
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0017|     correctional facility in Lea, Chaves or Santa Fe county is
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0018|     contingent upon construction of both facilities, so that one of
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0019|     the facilities shall not be constructed unless both of the
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0020|     facilities are constructed, as nearly as practicable,
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0021|     simultaneously.
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0022|            D.  The <u>corrections</u> department shall solicit
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0023|     proposals and award any contract under this section in
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0024|     accordance with the provisions of the Procurement Code.  The
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0025|     contract shall include such terms and conditions as the
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0001|     <u>corrections</u> department may require after consultation with the
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0002|     general services department; provided that the terms and
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0003|     conditions shall include provisions:
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0004|                 (1)  setting forth comprehensive standards for
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0005|     conditions of incarceration;
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0006|                 (2)  that the contractor assumes all liability
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0007|     caused by or arising out of all aspects of the provision or
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0008|     operation of the facility;
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0009|                 (3)  for liability insurance or other proof of
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0010|     financial responsibility acceptable to the general services
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0011|     department covering the contractor and its officers, employees
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0012|     and agents in an amount sufficient to cover all liability caused
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0013|     by or arising out of all aspects of the provision or operation
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0014|     of the facility;
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0015|                 (4)  for termination for cause upon ninety days'
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0016|     notice to the contractor for failure to meet contract provisions
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0017|     when such failure seriously affects the availability or
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0018|     operation of the facility;
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0019|                 (5)  that venue for the enforcement of the
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0020|     contract shall be in the district court for Santa Fe county;
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0021|                 (6)  that continuation of the contract is
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0022|     subject to the availability of funds; and
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0023|                 (7)  that compliance with the contract shall be
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0024|     monitored by the corrections department and the contract may be
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0025|     terminated for noncompliance.
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0001|            E.  When the contractor begins operation of a
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0002|     facility for which private contractor operation is authorized,
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0003|     his employees performing the functions of correctional officers
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0004|     shall be deemed correctional officers for the purposes of
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0005|     Sections 33-1-10 and 33-1-11 NMSA 1978 but for no other purpose
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0006|     of state law, unless specifically stated.
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0007|            F.  Any contract awarded pursuant to this section may
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0008|     include terms to provide for the renovation of the facility or
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0009|     for the construction of new buildings.  Work performed pursuant
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0010|     to such terms and conditions shall not be considered a capital
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0011|     project as defined in Section 15-3-23.3 NMSA 1978 or a state
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0012|     public works project as defined in Section 13-1-91 NMSA 1978 nor
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0013|     shall it be subject to the requirements of Section 13-1-150 NMSA
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0014|     1978 or of the Capital Program Act, review by the staff
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0015|     architect of the property control division of the general
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0016|     services department pursuant to Section 15-3-20 NMSA 1978 or
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0017|     regulation by the director of that division pursuant to Section
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0018|     15-3-11 NMSA 1978.
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0019|            G.  Any contract entered into by the corrections
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0020|     department with a private contractor to operate an existing
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0021|     facility shall include a provision securing the right of all
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0022|     persons employed by that facility prior to the effective date of
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0023|     that contract to be employed by that contractor in any position
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0024|     for which they qualify before that position is offered to any
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0025|     person not employed by that facility prior to that date."
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0001|       Section 2.  EFFECTIVE DATE.--The effective date of the
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0002|     provisions of this act is July 1, 1996.
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0003|                                - 5 -From:  Dolores  Phelps (Dolores D. Phelps)
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0004|     To:                             JLYNCH
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0005|     Date:                           1/31/96 1:20pm
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0006|     
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0007|     
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