0001| HOUSE BILL 1124 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| BEN LUJAN | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CORRECTIONAL FACILITIES; AUTHORIZING THE | 0012| CORRECTIONS DEPARTMENT TO HOUSE INMATES IN A CORRECTIONAL | 0013| FACILITY IN SANTA FE COUNTY; PROVIDING FOR LOCAL PUBLIC BODIES | 0014| TO CONTRACT FOR PROVISION OR OPERATION OF CORRECTIONAL | 0015| FACILITIES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. A new section of Chapter 33, Article 1 NMSA | 0019| 1978 is enacted to read: | 0020| "[NEW MATERIAL] CORRECTIONS DEPARTMENT--CONTRACT WITH | 0021| SANTA FE COUNTY FOR A CORRECTIONAL FACILITY.-- | 0022| A. The corrections department may contract with | 0023| Santa Fe county to house up to five hundred medium security | 0024| inmates in a correctional facility operated by the county or by | 0025| a private independent contractor pursuant to an agreement with | 0001| the county for the operation or provision and operation of the | 0002| facility. | 0003| B. A contract entered into pursuant to Subsection A | 0004| of this section shall include such reasonable terms and | 0005| conditions as the corrections department may require after | 0006| consultation with the general services department, provided | 0007| that the terms and conditions shall include provisions: | 0008| (1) setting comprehensive standards for | 0009| incarceration; | 0010| (2) requiring that the facility be accredited | 0011| by the American correctional association within one year after | 0012| beginning operation and remain accredited through the life of | 0013| the contract; | 0014| (3) providing for payments under the contract | 0015| on a per diem per inmate basis; | 0016| (4) providing that the employees performing | 0017| the functions of correctional officers, whether employed by the | 0018| county or by an independent contractor, shall be deemed to be | 0019| correctional officers for the purposes of Sections 33-1-10 and | 0020| 33-1-11 NMSA 1978, but for no other purpose of state law, | 0021| unless specifically stated in the contract; | 0022| (5) requiring that continuation of the | 0023| contract is subject to annual appropriation or other | 0024| availability of funds; and | 0025| (6) providing that compliance with the | 0001| contract shall be monitored by the corrections department and | 0002| the contract may be terminated by the corrections department | 0003| for material noncompliance. | 0004| C. A contract entered into pursuant to Subsection A | 0005| of this section may provide that the corrections department may | 0006| purchase the correctional facility at fair market value from | 0007| the county at any time after five years from the date of | 0008| initial operation of the facility." | 0009| Section 2. Section 13-1-98 NMSA 1978 (being Laws 1984, | 0010| Chapter 65, Section 71, as amended) is amended to read: | 0011| "13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The | 0012| provisions of the Procurement Code shall not apply to: | 0013| A. procurement of items of tangible personal | 0014| property or services by a state agency or a local public body | 0015| from a state agency, a local public body or external | 0016| procurement unit except as otherwise provided in Sections | 0017| 13-1-135 through 13-1-137 NMSA 1978; | 0018| B. procurement of tangible personal property or | 0019| services for the governor's mansion and grounds; | 0020| C. printing and duplicating contracts involving | 0021| materials which are required to be filed in connection with | 0022| proceedings before administrative agencies or state or federal | 0023| courts; | 0024| D. purchases of publicly provided or publicly | 0025| regulated gas, electricity, water, sewer and refuse collection | 0001| services; | 0002| E. purchases of books and periodicals from the | 0003| publishers or copyright holders thereof; | 0004| F. travel or shipping by common carrier or by | 0005| private conveyance or to meals and lodging; | 0006| G. purchase of livestock at auction rings or to the | 0007| procurement of animals to be used for research and | 0008| experimentation or exhibit; | 0009| H. contracts with businesses for public school | 0010| transportation services; | 0011| I. procurement of tangible personal property or | 0012| services, as defined by Sections 13-l-87 and 13-l-93 NMSA 1978, | 0013| by the corrections industries division of the corrections | 0014| department pursuant to regulations adopted by the corrections | 0015| ~~[industries]~~ commission, which shall be reviewed by the | 0016| purchasing division of the general services department prior to | 0017| adoption; | 0018| J. minor purchases consisting of magazine | 0019| subscriptions, conference registration fees and other similar | 0020| purchases where prepayments are required; | 0021| K. municipalities having adopted home rule charters | 0022| and having enacted their own purchasing ordinances; | 0023| L. the issuance, sale and delivery of public | 0024| securities pursuant to the applicable authorizing statute, with | 0025| the exception of bond attorneys and general financial | 0001| consultants; | 0002| M. contracts entered into by a local public body | 0003| with a private independent contractor for the operation, or | 0004| provision and operation, of a jail or correctional facility | 0005| pursuant to Sections 33-3-26 and 33-3-27 NMSA 1978; | 0006| N. contracts for maintenance of grounds and | 0007| facilities at highway rest stops and other employment | 0008| opportunities, excluding those intended for the direct care and | 0009| support of persons with handicaps, entered into by state | 0010| agencies with private, nonprofit, independent contractors who | 0011| provide services to persons with handicaps; | 0012| O. contracts and expenditures for services to be | 0013| paid or compensated by money or other property transferred to | 0014| New Mexico law enforcement agencies by the United States | 0015| department of justice drug enforcement administration; | 0016| P. contracts for retirement and other benefits | 0017| pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978; and | 0018| Q. contracts with professional entertainers." | 0019| Section 3. Section 33-3-1 NMSA 1978 (being Laws 1865- | 0020| 1866, Chapter 19, Section 1, as amended) is amended to read: | 0021| "33-3-1. COMMON JAILS--OPERATION BY SHERIFF, JAIL | 0022| ADMINISTRATOR OR INDEPENDENT CONTRACTOR AUTHORITY TO CONTRACT | 0023| FOR CORRECTIONAL FACILITIES.-- | 0024| A. The common jails shall be under the control of | 0025| the respective sheriffs, independent contractors or jail | 0001| administrators as defined in Section 4-44-19 NMSA 1978 hired | 0002| by the board of county commissioners or other local public body | 0003| or combination thereof and ~~[the same]~~ shall be used as | 0004| prisons in the respective counties. | 0005| B. Contracts between local public bodies and | 0006| private independent contractors for the operation or provision | 0007| and operation of a jail are specifically authorized by this | 0008| section; provided that prior to July 1, 1987, no more than two | 0009| pilot projects involving private independent contractors are | 0010| authorized in New Mexico pursuant to Section 33-3-26 NMSA 1978. | 0011| C. Contracts between local public bodies and | 0012| independent contractors are specifically authorized for the | 0013| operation or provision of correctional facilities intended to | 0014| house any type of inmates on behalf of the corrections | 0015| department or other department or jurisdiction." | 0016| Section 4. Section 33-3-26 NMSA 1978 (being Laws 1984, | 0017| Chapter 22, Section 17) is amended to read: | 0018| "33-3-26. AGREEMENTS FOR JAILS OR CORRECTIONAL | 0019| FACILITIES OR FOR JAIL OR CORRECTIONAL SERVICES--PILOT PRO- | 0020| | 0021| GRAMS.-- | 0022| A. Any county or municipality may enter into an | 0023| agreement, including an agreement with an independent | 0024| contractor, to operate or to provide and operate jail | 0025| facilities or correctional facilities for the care and | 0001| housing of prisoners; provided that prior to July 1, 1987, no | 0002| more than two pilot projects for operation or provision and | 0003| operation of a jail by private independent contractors are | 0004| ~~[hereby]~~ authorized in New Mexico; and further provided that | 0005| the attorney general shall select, authorize and approve such | 0006| pilot projects. | 0007| B. The attorney general shall monitor any pilot | 0008| project and shall report to the first and second sessions of | 0009| the thirty-seventh legislature and to the first session of the | 0010| thirty-eighth legislature with analyses of the pilot projects, | 0011| their success or failure, recommendations for modification or | 0012| repeal of the law and suggestions for change in any future | 0013| projects. | 0014| C. As used in this section, "correctional | 0015| facility" means a facility intended to house any type of | 0016| inmates on behalf of the corrections department or other | 0017| department or jurisdiction." | 0018| Section 5. Section 33-3-27 NMSA 1978 (being Laws 1984, | 0019| Chapter 22, Section 18) is amended to read: | 0020| "33-3-27. JAIL AND CORRECTIONAL FACILITY AGREEMENTS-- | 0021| APPROVAL--LIABILITY--TERMINATION--VENUE.-- | 0022| A. No agreement with a private independent | 0023| contractor for the operation of a jail or a correctional | 0024| facility or for the incarceration of prisoners ~~[therein]~~ in | 0025| the jail or facility shall be made for a period of more than | 0001| three years. Agreements binding on future governing bodies for | 0002| construction, purchase or lease of a jail facility for not more | 0003| than fifteen years are ~~[hereby]~~ authorized. | 0004| B. All agreements with private independent | 0005| contractors for the operation or provision and operation of | 0006| jails ~~[must]~~ or correctional facilities shall include a | 0007| performance bond and be approved in writing, prior to their | 0008| becoming effective, by the local government division of the | 0009| department of finance and administration and the office of the | 0010| attorney general. Disapproval may be based on any reasonable | 0011| grounds, including ~~[but not limited to]~~ adequacy or | 0012| appropriateness of the proposed plan or standards; suitability | 0013| or qualifications of the proposed contractor or his employees; | 0014| absence of required or desirable contract provisions; | 0015| unavailability of funds; or any other reasonable grounds | 0016| whatsoever, whether like or unlike the foregoing. No agreement | 0017| shall be valid or enforceable without ~~[such]~~ prior approval. | 0018| C. All agreements with private independent | 0019| contractors for the operation or provision and operation of | 0020| jails or correctional facilities shall provide for the | 0021| independent contractor to provide and pay for training for | 0022| jailers or correctional officers to meet minimum training | 0023| standards, which shall be specified in the contract, and shall | 0024| require that the independent contractor pay its correctional | 0025| officers wages and benefits that are comparable to the wages | 0001| and benefits paid by the county to county employees similarly | 0002| employed. | 0003| D. All agreements with private independent | 0004| contractors for the operation or provision and operation of | 0005| jails or correctional facilities shall set forth com- | 0006| | 0007| prehensive standards for conditions of incarceration, either by | 0008| setting them forth in full as part of the contract or by | 0009| reference to known and respected compilations of such | 0010| standards. | 0011| E. All agreements with private independent | 0012| contractors for the operation or provision and operation of | 0013| jails ~~[must]~~ or correctional facilities shall be approved | 0014| in writing, prior to their becoming effective, by the risk | 0015| management division of the general services department. | 0016| Approval shall be conditioned upon contractual arrangements | 0017| satisfactory to the risk management division for: | 0018| (1) the contractor's assumption of all | 0019| liability caused by or arising out of all aspects of the | 0020| provision and operation of the jail or correctional facility; | 0021| and | 0022| (2) liability insurance covering the | 0023| contractor and its officers, jailers, employees and agents in | 0024| an amount sufficient to cover all liability caused by or | 0025| arising out of all aspects of the provision and operation of | 0001| the jail or correctional facility. A copy of the proposed | 0002| insurance policy for the first year shall be submitted for | 0003| approval with the contract. | 0004| F. All agreements with private independent | 0005| contractors for the operation or provision and operation of | 0006| jails or correctional facilities shall provide for | 0007| termination for cause by the local public body parties upon | 0008| ninety days' notice to the independent contractor. Such | 0009| termination shall be allowed for at least the following | 0010| reasons: | 0011| (1) failure of the independent contractor to | 0012| meet minimum standards and conditions of incarceration, which | 0013| standards and conditions shall be specified in the contract; or | 0014| (2) failure to meet other contract provisions | 0015| when such failure seriously affects the operation of the jail | 0016| or correctional facility. | 0017| The reasons for termination set forth in this subsection | 0018| are not exclusive and may be supplemented by the parties. | 0019| G. Venue for the enforcement of any agreement | 0020| entered into pursuant to the provisions of this ~~[act]~~ | 0021| section shall be in the district court of the county in which | 0022| the facility is located or in Santa Fe county. | 0023| H. As used in this section, "correctional | 0024| facility" means a facility intended to house any type of | 0025| inmates on behalf of the corrections department or other | 0001| department or jurisdiction." | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION | 0004| | 0005| | 0006| March 11, 1997 | 0007| | 0008| | 0009| HOUSE FLOOR AMENDMENT number ___1___ to HOUSE BILL 1124 | 0010| | 0011| Amendment sponsored by Representative Ben Lujan | 0012| | 0013| | 0014| 1. On page 6, strike lines 11 through 15 and insert in lieu | 0015| thereof: | 0016| | 0017| "C. A contract between Santa Fe county and an independent | 0018| contractor is specifically authorized for the operation or provision of | 0019| a correctional facility intended to house any type of inmates on behalf | 0020| of the corrections department or other department or jurisdiction."". | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| ___________________________ | 0008| Ben Lujan | 0009| | 0010| | 0011| | 0012| Adopted ___________________ Not Adopted ___________________________ | 0013| (Chief Clerk) (Chief Clerk) | 0014| | 0015| | 0016| Date ________________ |