0001|                    HOUSE JOINT MEMORIAL 79
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                        TIMOTHY E. MACKO
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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|                        A JOINT MEMORIAL
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0012|     REQUESTING THAT PRESIDENT CLINTON RENEGOTIATE THE TERMS OF THE
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0013|     TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED
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0014|     MEXICAN STATES ON THE EXECUTION OF PENAL SENTENCES. 
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0015|     
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0016|       WHEREAS, the New Mexico correctional system has an inmate
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0017|     population that threatens to exceed the rated capacity of
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0018|     available correctional facilities; and
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0019|       WHEREAS, the New Mexico correctional system remains subject
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0020|     to supervision by the United States district court, pursuant to
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0021|     the provisions of the <u>Duran</u> consent decree; and
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0022|       WHEREAS, the <u>Duran</u> consent decree will not be vacated
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0023|     until the state of New Mexico addresses its inmate population
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0024|     problem; and
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0025|       WHEREAS, one method for alleviating the inmate population
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0001|     problem would be to transfer Mexican nationals currently
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0002|     incarcerated in the New Mexico correctional system back to
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0003|     Mexico; and
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0004|       WHEREAS, on September 25, 1995 there were at least two
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0005|     hundred twenty-eight Mexican nationals incarcerated in the New
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0006|     Mexico correctional system at an approximate cost of twenty-eight thousand dollars ($28,000) annually per inmate; and 
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0007|       WHEREAS, pursuant to the provisions of the "Treaty Between
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0008|     the United States of America and the United Mexican States on
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0009|     the Execution of Penal Sentences", a Mexican national
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0010|     incarcerated in the United States may be transferred to Mexico
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0011|     only if the offender gives his express consent for the transfer;
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0012|     and
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0013|       WHEREAS, renegotiation of that provision, and perhaps
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0014|     others in the treaty, would make it easier to transfer Mexican
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0015|     nationals incarcerated in New Mexico back to Mexico;    
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0016|       NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0017|     STATE OF NEW MEXICO that President Clinton be respectfully
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0018|     requested to renegotiate the terms of the "Treaty Between the
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0019|     United States of America and the United Mexican States on the
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0020|     Execution of Penal Sentences" to make it easier to transfer
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0021|     Mexican nationals incarcerated in New Mexico back to Mexico; and
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0022|       BE IT FURTHER RESOLVED that the United States senate be
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0023|     respectfully requested to concur with the proposed changes to
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0024|     the treaty, as prescribed in Article 3, Section 2 of the
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0025|     constitution of the United States; and 
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0001|       BE IT FURTHER RESOLVED that copies of this memorial be
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0002|     transmitted to President Clinton, Senator Domenici and Senator
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0003|     Bingaman.
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0004|                            - 3 - 
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