0001|              SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0002|                           SENATE BILL 789
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0003|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|                                   
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0005|     
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0006|     
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0007|                                   
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0008|                                   
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0009|     
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0010|     
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0011|                                AN ACT
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0012|     RELATING TO CORRECTIONS; PROVIDING FOR DETENTION STANDARDS;
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0013|     PROVIDING FOR TECHNICAL ASSISTANCE; CREATING A FUND; AMENDING 
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0014|     AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN
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0015|     APPROPRIATION.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  Section 33-3-4 NMSA 1978 (being Laws 1865-
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0019|     1866, Chapter 19, Section 3, as amended) is amended to read:
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0020|          "33-3-4.  INSPECTION OF JAILS BY APPROPRIATE GOVERNING
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0021|     BODY--REPORT TO DISTRICT COURT--DETENTION STANDARDS--TRAINING--
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0022|     TECHNICAL ASSISTANCE.--
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0023|               A.  The governing bodies of the several counties or
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0024|     municipalities of this state shall be the inspectors of the
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0025|     jails in their respective counties and shall visit [them] the
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0001|     jails at least twice a year and shall carefully examine the
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0002|     condition of each cell as to cleanliness and discipline [and]. 
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0003|     The sheriff, jail administrator as defined in Section 4-44-19
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0004|     NMSA 1978 or independent contractor shall lay before [them] the
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0005|     governing body a list of the names, ages and [the] cause of
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0006|     imprisonment of each person, and it [shall be] is the duty of
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0007|     the governing body to report to the district court at each term
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0008|     of [said] that court held in each county [and].  Should it
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0009|     appear from the [same] report that any of the provisions of law
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0010|     have been violated or broken, the judge of the district court
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0011|     shall order the district attorney to commence suit against the
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0012|     sheriff, jail administrator or independent contractor for the
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0013|     violation and failure in the discharge of duty.
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0014|               B.  The mental health division of the department of
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0015|     health shall develop detention standards and training curricula
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0016|     regarding the use of standardized screening criteria during
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0017|     intake of detainees to identify persons with mental illness or
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0018|     developmental disabilities or persons who pose a suicide risk.
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0019|     The mental health division shall review and may adopt or modify
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0020|     detention standards and training curricula developed by the New
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0021|     Mexico detention affiliate of the New Mexico association of
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0022|     counties.
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0023|               C.  Upon request, the mental health division of the
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0024|     department of health shall provide technical assistance to
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0025|     local government detention facilities on detention standards,
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0001|     training curricula and other matters related to the use of
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0002|     standardized screening criteria during intake of detainees. 
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0003|     Local governments shall pay the cost of technical assistance
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0004|     provided by the mental health division, which payments shall be
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0005|     deposited in the detention certification fund.
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0006|               D.  The division may accept grants, gifts and donations
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0007|     from public or private sources to carry out the provisions of this
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0008|     section."
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0009|          Section 2.  [NEW MATERIAL]  DETENTION CERTIFICATION FUND--
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0010|     CREATED--APPROPRIATION.--The "detention certification fund" is
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0011|     created in the state treasury.  The fund shall consist of
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0012|     appropriations, grants, donations and payments by local
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0013|     governments for the provision of technical assistance.  The mental
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0014|     health division of the department of health shall administer the
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0015|     fund.  Money in the fund is appropriated to the division to carry
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0016|     out the provisions of Section 33-3-4 NMSA 1978.  Money in the fund
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0017|     shall not revert to the general fund at the end of any fiscal
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0018|     year.
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0019|          Section 3.  EFFECTIVE DATE.--The effective date of the
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0020|     provisions of this act is July 1, 1997.
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0021|                               
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