FORTY-THIRD LEGISLATURE            SB 401/a
                        FIRST SESSION, 1997
  
  
                                                    March 7, 1997
  
  Mr. President:
  
      Your JUDICIARY COMMITTEE, to whom has been referred
  
                          SENATE BILL 401
  
  has had it under consideration and reports same with recommendation
  that it DO PASS, amended as follows:
  
      1.  On page 2, line 16, strike "persons" and insert in lieu
  thereof "contractors".
  
      2.  On page 3, between lines 2 and 3, insert the following new
  subsections:
  
          "D.  A private contractor providing extradition and
  transportation services for a county pursuant to Subsection C of
  this section shall:
  
               (1)  provide for its employees engaged in the
  extradition and transportation of prisoners a compulsory training
  program in all phases of prisoner transportation, which shall be
  approved by the director of the New Mexico law enforcement academy;
  
               (2)  be properly licensed and insured in accordance
  with state and federal rules and regulations;
  
               (3)  provide a certificate of insurance demonstrating
  coverage at least to the state's tort liability limits and shall
  name the county as an additional insured; and
  
               (4)  maintain records and documentation evidencing
  compliance with the provisions of this subsection.
  
          E.  A person providing extradition and transportation
  services through a private contractor pursuant to Subsection C of
  this section shall:
  
               (1)  be a citizen or legal resident of the United
  States;
  
               (2)  be at least twenty-one years of age;
  
               (3)  hold a high-school diploma or the equivalent;
  
               (4)  hold a valid driver's license;
  
               (5)  be of good moral character;
  
               (6)  not have been convicted of, pled guilty to or
  entered a plea of nolo contendere to any felony or misdemeanor,
  except violations of the Motor Vehicle Code not listed in Paragraph
  (7) of this subsection;
    
               (7)  not have been convicted of, pled guilty to or
  entered a plea of nolo contendere to a violation of any of Sections 
  66-8-101, 66-8-102, 66-8-102.2, 66-8-111, 66-8-113, 66-8-114, 
  66-8-115 and 66-8-138 NMSA 1978;
  
               (8)  not have been released or discharged under less
  than honorable conditions from any of the armed forces of the United
  States;
  
               (9)  after examination by a licensed physician, be
  found free of any physical condition that might adversely affect his
  performance transporting prisoners or prohibit him from successfully
  completing training required by this subsection;
  
               (10)  after examination by a certified psychologist,
  be found free of any emotional or mental condition that might
  adversely affect his performance transporting prisoners or prohibit
  him from successfully performing his duties or completing training
  required by this subsection; and
  
               (11)  satisfactorily complete a training program,
  approved by the director of the New Mexico law enforcement academy,
  for persons engaged in the extradition and transportation of
  prisoners."", 
  
  and thence referred to the FINANCE COMMITTEE.
  
  
  
                               
  
  
  
  
                               Respectfully submitted,
  
  
  
                               __________________________________
                               Fernando R. Macias, Chairman 
  
  
  
  Adopted_______________________   Not Adopted_______________________
            (Chief Clerk)                          (Chief Clerk)
  
  
                    Date ________________________
  
  
  The roll call vote was  5  For  0  Against
          Yes:    5
          No:     0
               Excused:     Sanchez, Vernon, McSorley
          Absent: None
  
  
  S0401JU1                                              .118494.1