HOUSE BILL 264

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Thomas E. Swisstack

AN ACT

RELATING TO COUNTIES; ENACTING THE COUNTY DETENTION FACILITY REFORM ACT; PROVIDING REIMBURSEMENT TO COUNTIES FOR THE COSTS OF INCARCERATION OF STATE PRISONERS; CREATING THE COUNTY DETENTION FACILITY REFORM FUND; MAKING AN APPROPRIATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "County Detention Facility Reform Act".

     Section 2. DEFINITIONS.--As used in the County Detention Facility Reform Act:

          A. "ancillary services" means:

                (1) medical services, treatment or care;

                (2) prescription drug services;

                (3) dental services;

                (4) mental health services, treatment or care;

                (5) vision treatment or care;

                (6) ambulatory services; and

                (7) transportation services;

          B. "county detention facility" means a facility owned, operated or under contract of operation by a board of county commissioners that is used for the incarceration of prisoners charged with or convicted of a violation of local, state, tribal, federal or international law;

          C. "department" means the department of finance and administration;

          D. "incarceration" means the housing, care and transportation of state prisoners; and

          E. "state prisoner" means an individual charged with or convicted of a violation of state law, except those individuals convicted of a misdemeanor as provided in Section 31-19-1 NMSA 1978.

     Section 3. REIMBURSEMENT.--The department shall reimburse a county for the costs of incarceration of a state prisoner who:

          A. has violated parole or is charged with a parole violation;

          B. while on parole, is charged with a violation of local, state, tribal, federal or international law;

          C. is awaiting transportation and commitment to the corrections department following the pronouncement of a judgment, a sentence or an order of confinement;

          D. is charged with a violation of probation by the corrections department or by a district court;

          E. is sentenced, ordered or removed by the district court to incarceration in a county detention facility for a felony conviction; or

          F. is incarcerated on the basis of an arrest and hold order or a warrant issued by the corrections department.

     Section 4. RATE OF REIMBURSEMENT.--The department shall reimburse a county the actual cost per day for housing each prisoner incarcerated in that county's detention facility. The department shall also reimburse the county the cost of providing ancillary services to each state prisoner incarcerated in the county's detention facility.

     Section 5. COUNTY DETENTION FACILITY REFORM FUND CREATED.--

          A. The "county detention facility reform fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations, federal funds available for the purposes of the fund and earnings from the investment of the fund. The department shall administer the fund, and the money in the fund is appropriated to the department to reimburse boards of county commissioners as provided in the County Detention Facility Reform Act and subject to the balances available in the fund. No more than fifty percent of the money in the fund shall be expended by the department to reimburse a single board of county commissioners, and no money in the fund shall be expended by the department for the purpose of administering the fund.

          B. Disbursements of the county detention facility reform fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the county manager of the county to be reimbursed or the county manager's authorized representative and approved by the department. Any unexpended or unencumbered balance shall not revert to any other fund but shall remain to the credit of the fund.

     Section 6. APPROPRIATION.--Twenty-five million dollars ($25,000,000) is appropriated from the general fund to the county detention facility reform fund for expenditure in fiscal year 2007 and subsequent fiscal years to carry out the provisions of the County Detention Facility Reform Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     Section 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2006.

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