0001|                               AN ACT
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0002| RELATING TO COUNTIES; AMENDING SECTION 4-44-18 NMSA 1978 (BEING LAWS
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0003| 1961, CHAPTER 253, SECTION 4, AS AMENDED) TO ALLOW COUNTIES TO BE
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0004| REIMBURSED FOR THE COST OF CONTRACTING FOR PRIVATE PRISONER
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0005| TRANSPORTATION SERVICES.
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0006| 
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0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0008|      Section 1.  Section 4-44-18 NMSA 1978 (being Laws 1961, Chapter
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0009| 253, Section 4, as amended) is amended to read:
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0010|      "4-44-18.  SHERIFFS, DEPUTY SHERIFFS AND GUARDS--EXPENSES
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0011| INCURRED IN SERVING PROCESS AND CERTAIN OTHER OFFICIAL BUSINESS--PER
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0012| DIEM.--
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0013|           A.  Sheriffs, their deputies and guards shall be paid per
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0014| diem expenses at the rate authorized in the Per Diem and Mileage Act
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0015| by the counties on behalf of which expenses are incurred in:
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0016|                (1)  service of criminal process issued out of the
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0017| supreme court or district court;
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0018|                (2)  service of criminal process issued out of a
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0019| magistrate court when the issuance is approved in writing by the
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0020| district attorney or his assistants;
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0021|                (3)  service of civil process issued by the district
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0022| court; and
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0023|                (4)  attempting to discover or arrest a person charged
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0024| with a felony if written authorization is obtained from the district
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0025| judge.
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0001|           B.  Expenses authorized under this section shall be paid on
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0002| the rendition of sworn accounts filed in the county clerk's office and
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0003| approved by the board of county commissioners and the district judge.
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0004|           C.  Sheriffs, their deputies and guards or private
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0005| contractors performing the extradition and transportation at the
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0006| request of and under an approved contract with the county shall be
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0007| paid per diem and mileage expenses at the rate authorized in the
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0008| Per Diem and Mileage Act for extraditing prisoners from without
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0009| the state and for transporting persons committed by a court to any
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0010| state institution or required to be returned by order of the court
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0011| from any state institution to the county of commitment. 
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0012| Contractors that provide transportation services for a county
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0013| shall train security personnel in all phases of prisoner
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0014| transportation and shall be licensed and insured pursuant to all
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0015| applicable state and federal requirements.  Contractors shall
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0016| provide to the county a certificate of insurance certifying to
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0017| coverage of tort liability risks of the county.  The county shall
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0018| be reimbursed by the state for the per diem and mileage expenses
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0019| incurred under this subsection by submitting claims for
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0020| reimbursement to the department of finance and administration in
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0021| accordance with the department's regulations."                     
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0022|        
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