0001|                            HOUSE BILL 170
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                           GERALD E. WEEKS
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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|                                AN ACT
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0011|     RELATING TO CORRECTIONS; CREATING AN INMATE FORESTRY WORK CAMP
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0012|     PROGRAM FOR MINIMUM SECURITY INMATES; PROVIDING POWERS AND
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0013|     DUTIES; CREATING A FUND; MAKING AN APPROPRIATION.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  SHORT TITLE.--This act may be cited as the
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0017|     "Inmate Forestry Work Camp Act".
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0018|          Section 2.  DEFINITIONS.--As used in the Inmate Forestry
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0019|     Work Camp Act:
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0020|               A.  "department" means the corrections department;
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0021|               B.  "forestry division" means the forestry division
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0022|     of the energy, minerals and natural resources department;
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0023|               C.  "program" means the inmate forestry work camp
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0024|     program; and
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0025|               D.  "work camp" means a minimum security facility
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0001|     operated by the department that houses inmates training or
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0002|     working in the program.
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0003|          Section 3.  INMATE FORESTRY WORK CAMP PROGRAM--PURPOSE--
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0004|     LIMITATION.--
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0005|               A.  The department and the forestry division shall
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0006|     jointly establish the "inmate forestry work camp program" to
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0007|     provide inmate labor for natural resource work planned by the
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0008|     forestry division.  The purpose of the program is to use
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0009|     minimum security male and female inmates to work on natural
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0010|     resource projects on public lands, fire suppression and
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0011|     emergency response activities as directed in an emergency
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0012|     declaration issued by the governor.
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0013|               B.  The program is not an inmate-release program
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0014|     pursuant to the provisions of Sections 33-2-43 through 33-2-47
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0015|     NMSA 1978.
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0016|          Section 4.  INMATE ELIGIBILITY.--The department shall
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0017|     screen and classify applicants for the program.  To be
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0018|     eligible, an applicant must meet all of the standards provided
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0019|     in Section 33-2-44 NMSA 1978 and not be serving a sentence for
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0020|     first or second degree murder.
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0021|          Section 5.  WORK CAMPS.--The department may establish
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0022|     work camps as needed for the custody of inmates participating
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0023|     in the program.
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0024|          Section 6.  INMATES NOT EMPLOYEES.--An inmate
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0025|     participating in the program shall not be considered an
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0001|     employee of the state or of any other person deriving benefits
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0002|     from inmate services pursuant to the program.  An inmate
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0003|     participating in the program shall not be covered by the
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0004|     provisions of the Workers' Compensation Act or be entitled to
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0005|     benefits pursuant to that act, whether on behalf of himself or
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0006|     another person.  Inmates participating in the program may be
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0007|     compensated as provided in Section 33-2-26 NMSA 1978.
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0008|          Section 7.  FORESTRY DIVISION--INTERAGENCY COOPERATION--
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0009|     PROGRAM PARTICIPATION.--The forestry division shall cooperate
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0010|     with the department in the development and implementation of
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0011|     the program and shall:
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0012|               A.  plan and develop natural resource projects and
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0013|     provide technical direction and supervision for activities
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0014|     carried out by inmates participating in the program;
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0015|               B.  provide instruction in forestry and natural
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0016|     resource issues to inmates participating in the program; and
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0017|               C.  provide direction and instruction in the use of
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0018|     tools and equipment and conduct safety training for inmates
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0019|     participating in the program.
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0020|          Section 8.  INMATE FORESTRY WORK CAMP FUND.--The "inmate
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0021|     forestry work camp fund" is created in the state treasury.  All
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0022|     money received by the department or the forestry division from
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0023|     public land management agencies for work performed by inmates
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0024|     in the program shall be deposited in the fund.  Money in the
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0025|     fund shall not revert at the end of a fiscal year.  Money in
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0001|     the fund is appropriated to the forestry division to administer
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0002|     the program, including acquisition of tools and equipment and
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0003|     expenses incurred by the forestry division or the department in
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0004|     planning and supervising program projects.  Disbursements from
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0005|     the fund shall be made upon warrants drawn by the secretary of
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0006|     finance and administration pursuant to vouchers signed by the
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0007|     director of the forestry division or his authorized
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0008|     representative.
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0009|                               
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