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AN ACT

RELATING TO CORRECTIONS; INCREASING STAFFING LEVELS;

UPGRADING THE INMATE CLASSIFICATION SYSTEM, THE CRIMINAL

MANAGEMENT INFORMATION SYSTEM AND AUDITING OF CONTRACTS FOR

CORRECTIONAL SERVICES; INCREASING SALARIES FOR CORRECTIONAL

OFFICERS; CREATING A JOINT INTERIM LEGISLATIVE CORRECTIONS

OVERSIGHT COMMITTEE; MAKING APPROPRIATIONS; DECLARING AN

EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. FINDINGS--APPROPRIATIONS TO THE CORRECTIONS

DEPARTMENT.--

A. The legislature finds that "The Consultants'

Report on Prison Operations in New Mexico Correctional

Institutions", dated January 14, 2000, is a comprehensive

work that sets forth viable solutions to problems that have

plagued the correctional system for years. The report

includes recommendations offered by the consultants as a

guide to improving corrections operations in New Mexico. The

legislature also finds that those recommendations include

suggestions that should be implemented immediately, matters

that should be studied carefully in preparation for

implementation during the 2001 legislative session and,

finally, systemic recommendations that will evolve over the

course of several years. Therefore, the legislature finds it

is necessary to appropriate money for the consultants'

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recommendations that must be implemented immediately,

including funding for an improved inmate classification

system, funding for increased efforts to reduce gang

influence in correctional facilities, funding for improved

auditing of private vendors who provide correctional services

to the state, funding to provide salary increases for

correctional officers and funding to renovate the

penitentiary of New Mexico south identically or substantially

similar to its current design and security features for use

as a close-custody facility.

B. The legislature further finds that the

consultants' report advises the state to immediately address

the possibility of renegotiating the contracts for the Lea

county and Guadalupe county facilities. The parties to the

contracts are strongly urged to heed that specific

recommendation.

C. The following amounts are appropriated from the

general fund to the corrections department for expenditure in

fiscal years 2000 and 2001 for the following purposes:

(1) fifty thousand dollars ($50,000) to

perform an inmate classification study and to implement

changes to the inmate classification system;

(2) sixty-six thousand six hundred dollars

($66,600) to pay salaries and benefits for two additional

full-time employees for the bureau of classification at the

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central New Mexico correctional facility;

(3) four hundred eighty-six thousand two

hundred dollars ($486,200) to pay salaries and benefits for

fourteen additional full-time employees to serve as security

threat group officers;

(4) ninety thousand seven hundred dollars

($90,700) to provide salaries and benefits for two additional

full-time employees to serve as compliance auditors who audit

private contracts entered into by the state for correctional

services;

(5) one hundred seventy thousand three

hundred dollars ($170,300) to provide salaries and benefits

for three additional full-time employees to support the

criminal management information system; and

(6) six hundred fifty-four thousand seven

hundred dollars ($654,700) to provide a salary upgrade for

correctional officers.

D. Any unexpended or unencumbered balance

remaining at the end of fiscal year 2001 shall revert to the

general fund.

Section 2. CORRECTIONS OVERSIGHT COMMITTEE CREATED--

TERMINATION.--There is created a joint interim legislative

committee that shall be known as the "corrections oversight

committee". The committee shall function from the date of

its appointment until the first day of December prior to the

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first session of the forty-seventh legislature.

Section 3. MEMBERSHIP--APPOINTMENT--VACANCIES.--

A. The corrections oversight committee shall be

composed of eight members. Four members of the house of

representatives shall be appointed by the speaker of the

house of representatives. Four members of the senate shall

be appointed by the senate committees' committee or, if the

senate appointments are made in the interim, by the president

pro tempore of the senate after consultation with and

agreement of a majority of the members of the senate

committees' committee.

B. Members shall be appointed from each house so

as to give the two major political parties in each house

equal representation on the corrections oversight committee

as prevails in each house. However, in no event shall either

party have less than one member from each house on the

committee. The speaker of the house of representatives and

the president pro tempore of the senate shall each appoint a

co-chairman of the committee.

C. A vacancy on the corrections oversight

committee shall be filled by appointment in the same manner

as the original appointment.

D. No action shall be taken by the corrections

oversight committee if a majority of the total membership

from either house on the committee rejects the action.

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Section 4. DUTIES--SUBPOENA POWER--COOPERATION.--

A. After its appointment, the corrections

oversight committee shall hold one organizational meeting to

develop a work plan and budget for the ensuing interim. The

work plan and budget shall be submitted to the New Mexico

legislative council for approval.

B. Upon approval of the work plan and budget by

the New Mexico legislative council, the corrections oversight

committee shall:

(1) oversee implementation of the

recommendations set forth in the January 14, 2000 document

entitled "The Consultants' Report on Prison Operations in New

Mexico Correctional Institutions";

(2) assess the feasibility of expanding

community corrections programming as a means to reduce the

inmate population;

(3) monitor other issues related to the

operation of public and private correctional facilities; and

(4) recommend legislation or changes, if

they are found to be necessary, to the legislature.

C. The corrections oversight committee shall have

the power to conduct hearings and to administer oaths. The

committee shall have the power to subpoena, which may be

enforced through any district court of the state. The

subpoena power shall be used only upon approval by a majority

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of committee members, shall be related to the committee's

powers and duties specified in this section and shall be

within the scope of the January 14, 2000 document entitled

"The Consultants' Report on Prison Operations in New Mexico

Correctional Institutions". Service of committee process

shall be made by any sheriff or any member of the New Mexico

state police and shall be served without cost to the

committee.

D. The corrections department and every other

state agency and political subdivision of the state shall,

upon request, furnish and make available to the corrections

oversight committee documents, material or information

requested by the members of the committee or its staff.

Section 5. SUBCOMMITTEES.--

A. Subcommittees shall be created only by majority

vote of all members appointed to the corrections oversight

committee and with the prior approval of the New Mexico

legislative council. A subcommittee shall be composed of at

least one member from the senate and one member from the

house of representatives, and at least one member of the

minority party shall be a member of the subcommittee.

B. All meetings and expenditures of a subcommittee

shall be approved by the full corrections oversight committee

in advance of subcommittee meetings or expenditures, and the

approval shall be shown in the minutes of the committee.

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Section 6. REPORT.--The corrections oversight committee

shall make a report of its findings and recommendations for

the consideration of the first session of the forty-fifth

legislature; the second session of the forty-fifth

legislature; the first session of the forty-sixth

legislature; the second session of the forty-sixth

legislature; and the first session of the forty-seventh

legislature. The reports and suggested legislation shall be

made available to the New Mexico legislative council on or

before December 15 preceding each session.

Section 7. STAFF.--The staff for the corrections

oversight committee shall be provided by the legislative

council service. The legislative council service may also

contract for staff services for the corrections oversight

committee.

Section 8. APPROPRIATION.--One hundred thousand dollars

($100,000) is appropriated from the cash balances of the

legislative council service to the legislative council

service for expenditure in fiscal years 2000 and 2001 for the

operation of and staffing of the corrections oversight

committee. Any unexpended or unencumbered balance remaining

at the end of fiscal year 2001 shall revert to the cash

balances of the legislative council service.

Section 9. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

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immediately.