0001|              SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0002|                           SENATE BILL 124
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0003|     43rd legislature - STATE OF NEW MEXICO - second session, 1998
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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; ESTABLISHING THE TERMS AND CONDITIONS
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0013|     FOR THE ACQUISITION OF CORRECTIONAL FACILITIES CURRENTLY UNDER
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0014|     CONSTRUCTION IN LEA COUNTY AND GUADALUPE COUNTY; AUTHORIZING
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0015|     NEW MEXICO FINANCE AUTHORITY BONDS; DECLARING AN EMERGENCY.
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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.  TERMS AND CONDITIONS FOR ACQUIRING
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0019|     CORRECTIONAL FACILITIES.--
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0020|               A.  The state's acquisition of correctional
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0021|     facilities in Lea and Guadalupe counties shall be contingent
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0022|     upon the following:
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0023|                   (1)  continuing inspections during
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0024|    construction of the correctional facilities by the
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0025|    construction industries division of the regulation and
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<center>- 1 -</center>0001|    licensing department and issuance of a certificate of
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0002|     occupancy for the correctional facilities by that division;
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0003|                    (2)  completion of the construction of the
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0004|     correctional facilities;
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0005|                    (3)  acquisition by the state of title to the
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0006|     land on which the Lea county correctional facility and the
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0007|     Guadalupe county correctional facility are located;
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0008|                    (4)  certification by the general services
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0009|     department that the correctional facilities satisfy all
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0010|     applicable physical and operational correctional design
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0011|     standards;
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0012|                    (5)  inclusion of a corrections industries
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0013|     building at the Lea county facility that can accommodate one
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0014|     hundred twenty inmates;
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0015|                    (6)  inclusion of a corrections industries
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0016|     building at the Guadalupe county facility that can accommodate
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0017|     sixty inmates;
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0018|                    (7)  inclusion of appropriate family
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0019|     visitation units at each correctional facility; and
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0020|                    (8)  all housing unit fixtures and cell 
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0021|     fixtures in the correctional facilities shall be stainless
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0022|     steel, except for fixtures in the three-hundred-bed
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0023|     therapeutic community treatment unit located at the Lea county
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0024|     facility.
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0025|               B.  The corrections department is authorized to
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<center>- 2 -</center>0001|     assume by assignment from Lea county and Guadalupe county the
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0002|     operations contracts for the correctional facilities entered into
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0003|     by the counties and an independent contractor, subject to
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0004|     appropriate amendments or modifications to the operations
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0005|     contracts.  The operations contracts between the corrections
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0006|     department and the independent contractor shall be for an initial
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0007|     term of five years.  The corrections department shall have the
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0008|     option, to be exercised solely by the corrections department, to
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0009|     renew the operations contracts for two-year terms following the
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0010|     initial term of five years.  The operations contracts between the
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0011|     corrections department and the independent contractor shall be
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0012|     subject to annual legislative appropriations.
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0013|               C.  Inmate programs provided at the Lea county and
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0014|     Guadalupe county correctional facilities shall include the
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0015|     following programs, which shall be equal to or shall exceed
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0016|     programs provided in state-run correctional facilities:
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0017|                    (1)  adult basic education;
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0018|                    (2)  pre-general-equivalency-diploma;
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0019|                    (3)  general equivalency diploma;
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0020|                    (4)  English as a second language;
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0021|                    (5)  special education;
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0022|                    (6)  post-secondary education;
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0023|                    (7)  vocational education;
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0024|                    (8)  anger management;
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0025|                    (9)  life skills;
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<center>- 3 -</center>0001|                    (10)  basic substance abuse education;
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0002|                    (11)  pre-release counseling;
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0003|                    (12)  mental health counseling;
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0004|                    (13)  work;
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0005|                    (14)  religion;
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0006|                    (15)  therapeutic community treatment provided at
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0007|     a three-hundred-bed therapeutic community chemical dependency
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0008|     treatment program located at the Lea county facility;
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0009|                    (16)  family therapy; and
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0010|                    (17)  prison industries. 
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0011|          Section 2.  NEW MEXICO FINANCE AUTHORITY BONDS AUTHORIZED.--
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0012|     The New Mexico finance authority is authorized to finance the
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0013|     acquisition of the correctional facilities in Lea county and
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0014|     Guadalupe county pursuant to the procedures for the financing
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0015|     provided by act of the second session of the forty-third
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0016|     legislature.
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0017|          Section 3.  EMERGENCY.--It is necessary for the public
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0018|     peace, health and safety that this act take effect immediately.
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0019|                                    
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