0001| SENATE BILL 1273
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MANNY M. ARAGON
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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 THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE.
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0012|
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0013| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0014|
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| March 12, 1997
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0021|
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0022| Mr. President:
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0023|
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0024| Your FINANCE COMMITTEE, to whom has been referred
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0025|
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0001| SENATE BILL 1273
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO NOT PASS, but that
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0005|
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0006| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0007| SENATE BILL 1273
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0008|
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0009| DO PASS.
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0010| Respectfully submitted,
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0011|
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0012|
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0013|
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0014| __________________________________
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0015| Ben D. Altamirano, Chairman
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0016|
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0017|
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0018| Adopted_______________________ Not Adopted_______________________
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021|
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0022| Date ________________________
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0023|
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0024|
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0025| The roll call vote was 6 For 1 Against
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0001| Yes: 6
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0002| No: Lyons
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0003| Excused: Carraro, Fidel, Ingle, McKibben
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0004| Absent: None
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0005|
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0006|
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0007| S1273FC1
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0008|
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0009|
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0010| FORTY-THIRD LEGISLATURE
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0011| FIRST SESSION, 1997
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0012|
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0013|
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0014| March 12, 1997
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0015|
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0016| Mr. President:
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0017|
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0018| Your COMMITTEES' COMMITTEE, to whom has been referred
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0019|
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0020| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0021| SENATE BILL 1273
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0022|
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0023| has had it under consideration and reports same WITHOUT
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0024| RECOMMENDATION.
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005| __________________________________
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0006| Manny M. Aragon, Chairman
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0007|
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0008|
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0009|
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0010| Adopted_______________________ Not Adopted_______________________
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013|
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0014|
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0015| Date ________________________
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0016|
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0017|
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0018|
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0019|
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0020|
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0021| S1273CC1
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0022| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0023| SENATE BILL 1273
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0024| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0025|
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0001|
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0002|
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0003|
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0004|
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0005|
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0006|
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0007| AN ACT
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0008| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
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0009| REQUIRING INMATES TO EARN MERITORIOUS DEDUCTIONS FROM A TERM OF
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0010| IMPRISONMENT; ENACTING THE CORRECTIONS POPULATION CONTROL ACT;
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0011| ESTABLISHING THE CORRECTIONS POPULATION CONTROL COMMISSION;
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0012| PROVIDING MECHANISMS FOR ADDRESSING INMATE OVERCROWDING;
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0013| LIMITING THE PERIODS OF INCARCERATION OF ADULT MALE INMATES
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0014| TRANSFERRED TO OUT-OF-STATE CORRECTIONAL FACILITIES; DIRECTING
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0015| THE CORRECTIONS DEPARTMENT TO CONTRACT WITH CIBOLA COUNTY TO
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0016| HOUSE ADDITIONAL INMATES AT THE CIBOLA COUNTY CORRECTIONS
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0017| CENTER; PROVIDING FOR ACQUISITION OF ADULT AND JUVENILE
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0018| CORRECTIONAL AND TREATMENT FACILITIES; ESTABLISHING A DRUG
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0019| COURT AND PROVIDING FOR AN ADDITIONAL JUDGE AND ADDITIONAL
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0020| ASSISTANT DISTRICT ATTORNEYS AND PUBLIC DEFENDERS IN THE SECOND
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0021| JUDICIAL DISTRICT; AMENDING, REPEALING AND ENACTING SECTIONS OF
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0022| THE NMSA 1978; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
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0023|
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0024| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0025| Section 1. Section 33-1-2 NMSA 1978 (being Laws 1978,
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0001| Chapter 4, Section 1, as amended) is amended to read:
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0002| "33-1-2. DEFINITIONS.--As used in the Corrections Act:
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0003| A. "division" or "department" means the corrections
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0004| department;
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0005| B. "director" or "secretary" means the secretary of
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0006| corrections;
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0007| C. "corrections facility" means any facility or
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0008| program controlled or operated by the state or any of its
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0009| agencies or departments and supported wholly or in part by
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0010| state funds for the correctional care of persons, including but
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0011| not limited to:
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0012| (1) the "penitentiary of New Mexico", which
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0013| consists of the penitentiary at Santa Fe and other places in
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0014| the state designated by the secretary; and
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0015| (2) the state board of probation and parole,
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0016| except to the extent delegated to the parole board by the
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0017| Parole Board Act; and
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0018| [D. "commission" means the corrections commission;
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and
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E.] D. "warden" or "superintendent" means the
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0021| administrative director of a correctional facility."
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0022| Section 2. Section 33-1-4 NMSA 1978 (being Laws 1969,
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0023| Chapter 226, Section 4, as amended) is amended to read:
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0024| "33-1-4. CORRECTIONS [DIVISION] DEPARTMENT. [A.
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There is created within the criminal justice department the
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"corrections division".] The [division] department is
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0002| responsible for all matters pertaining to corrections as provided
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0003| in the Corrections Act or other law.
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0004| [B. There is created the "corrections commission"
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consisting of seven members appointed by the governor with the
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advice and consent of the senate for staggered terms, one ending
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June 30, 1972 and two ending June 30 of each of the following
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three years. Thereafter, appointments shall be made for terms of
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four years or less in a manner that the terms of one or two
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members expire as the case may be on June 30 each year. Members
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of the commission shall be reimbursed as provided in the Per Diem
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and Mileage Act and shall receive no other compensation,
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perquisite or allowance. Four members of the commission
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constitute a quorum for the transaction of business. Not more
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than four members shall be of the same political party. Four of
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the members shall be persons who have displayed interest in
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juvenile correction and rehabilitation matters and three shall be
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persons who have displayed interest in adult correction and
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rehabilitation matters. Any member who fails to attend any three
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consecutive meetings of the commission without being excused by
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the commission shall be automatically removed.
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C. The commission shall advise the director in the
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management and control of the division.]"
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0024| Section 3. Section 33-2-34 NMSA 1978 (being Laws 1978,
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0025| Chapter 40, Section 1, as amended) is repealed and a new Section
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0001| 33-2-34 NMSA 1978 is enacted to read:
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0002| "33-2-34. [NEW MATERIAL] ELIGIBILITY FOR EARNED
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0003| MERITORIOUS DEDUCTIONS.--
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0004| A. An inmate confined in the penitentiary of New Mexico
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0005| or other state correctional facility for committing a violent
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0006| offense is eligible to earn meritorious deductions of up to four
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0007| days per month upon recommendation of the classification committee
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0008| and approval by the warden.
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0009| B. An inmate confined in the penitentiary of New Mexico
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0010| or other state correctional facility for committing a nonviolent
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0011| offense is eligible to earn meritorious deductions of up to thirty
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0012| days per month upon recommendation of the classification committee
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0013| and approval by the warden.
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0014| C. In order to earn meritorious deductions, an inmate
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0015| shall actively participate in a program recommended and approved
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0016| for him by the classification committee. The classification
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0017| committee may recommend and approve only education programs,
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0018| mental health programs, drug or alcohol treatment programs, drug
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0019| or alcohol counseling programs or work programs.
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0020| D. An inmate whose record of conduct shows that he has
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0021| performed exceptionally meritorious service and whose record of
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0022| conduct shows that he has otherwise faithfully observed the rules
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0023| of the institution may be eligible for a lump-sum meritorious
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0024| deduction award, not to exceed one year per award and not to
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0025| exceed a total of one year for all lump-sum meritorious deduction
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0001| awards awarded in any consecutive twelve-month period, which may
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0002| be deducted from the length of the sentence then remaining
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0003| unserved. Exceptionally meritorious service shall include heroic
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0004| acts of saving life or property, but shall not include acts in
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0005| performance of normal work duties or program assignments. The
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0006| classification committee and the warden may recommend the number
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0007| of days to be awarded in each case based upon the particular
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0008| merits, but any award shall be determined by the director of adult
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0009| institutions. Allowance for exceptionally meritorious service
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0010| shall be in addition to the meritorious deductions provided for in
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0011| Subsections A and B of this section, and in the event two or more
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0012| consecutive sentences are being served, the aggregate of the
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0013| several sentences shall be the basis upon which the deduction
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0014| shall be computed.
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0015| E. The meritorious deductions provided for in
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0016| Subsections A and B of this section shall pertain to both the
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0017| basic sentence to be served and any enhanced term of imprisonment
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0018| pursuant to the provisions of the Criminal Sentencing Act.
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0019| Meritorious deductions of up to ninety days per occurrence shall
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0020| be permanently forfeited upon recommendation of the classification
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0021| committee and approval of the warden if the inmate does not
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0022| properly maintain the standard upon which the award was based.
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0023| For those inmates, permanent forfeitures in excess of ninety days
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0024| may be made upon approval of the director of adult institutions.
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0025| No inmate shall forfeit more than fifty percent of his meritorious
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0001| deductions accrued during the previous twelve months; and after
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0002| forfeiture of any portion of an inmate's accrued meritorious
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0003| deductions, the remainder shall vest and shall not be subject to
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0004| further forfeiture. Notwithstanding any other provisions of this
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0005| act, an inmate may forfeit up to one hundred percent of all
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0006| accrued meritorious deductions if he commits any of the following:
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0007| (1) an act of actual personal violence, as defined
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0008| by the corrections department, against:
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0009| (a) another inmate;
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0010| (b) corrections department personnel;
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0011| (c) an employee of a contractor operating on
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0012| behalf of the corrections department; or
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0013| (d) any other person lawfully on the premises
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0014| of a corrections department facility or other facility where
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0015| department inmates are housed;
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0016| (2) one positive drug test while incarcerated;
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0017| (3) escape; or
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0018| (4) any felonious act.
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0019| F. An inmate is not eligible to earn meritorious
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0020| deductions if he:
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0021| (1) disobeys an order to perform labor, pursuant to
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0022| Section 33-8-4 NMSA 1978;
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0023| (2) is in disciplinary segregation;
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0024| (3) is not actively participating in a program
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0025| recommended and approved for him by the classification committee;
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0001| or
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0002| (4) is within the first thirty days' receipt by the
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0003| corrections department and his record from the county jail
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0004| reflects that he has committed misconduct in the county jail that
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0005| in the professional judgment of the corrections department should
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0006| result in a delay of thirty days to begin earning meritorious
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0007| deductions.
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0008| G. The provisions of this section shall not be
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0009| interpreted as providing eligibility to earn meritorious
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0010| deductions to an inmate during the initial thirty years of a
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0011| sentence imposed pursuant to the provisions of:
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0012| (1) Subsection A of Section 30-2-1 NMSA 1978;
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0013| (2) Section 31-18-23 NMSA 1978; or
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0014| (3) Section 31-18-25 NMSA 1978.
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0015| H. The corrections department shall promulgate rules and
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0016| regulations to implement the provisions of this section, and the
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0017| rules and regulations shall be matters of public record. A
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0018| concise summary of the rules and regulations shall be provided to
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0019| every inmate and every inmate shall receive a quarterly statement
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0020| of the meritorious deductions he has earned.
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0021| I. A New Mexico inmate confined in a federal or
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0022| out-of-state correctional facility is eligible to earn meritorious
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0023| deductions in the same manner as an inmate imprisoned in a state-
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0024| run correctional facility on the basis of his inmate conduct
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0025| reports furnished by those facilities to the corrections
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0001| department, subject to approval by the corrections department.
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0002| J. An inmate imprisoned in a correctional facility that
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0003| is operated by a public entity or a private company, pursuant to a
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0004| contract with the corrections department, is eligible to earn
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0005| meritorious deductions in the same manner as an inmate imprisoned
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0006| in a state-run correctional facility, subject to approval by the
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0007| corrections department.
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0008| K. As used in this section:
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0009| (1) "great bodily harm" means an injury to the
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0010| person that creates a high probability of death; or that causes
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0011| serious disfigurement; or that results in permanent loss or
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0012| impairment of the function of any member or organ of the body;
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0013| (2) "nonviolent offense" means any felony offense
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0014| other than a violent offense or any misdemeanor offense; and
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0015| (3) "violent offense" means:
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0016| (a) second degree murder, as provided in
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0017| Section 30-2-1 NMSA 1978;
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0018| (b) voluntary manslaughter, as provided in
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0019| Section 30-2-3 NMSA 1978;
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0020| (c) assault with intent to commit a violent
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0021| felony, as provided in Section 30-3-3 NMSA 1978, which results in
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0022| great bodily harm;
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0023| (d) criminal sexual penetration, as provided in
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0024| Section 30-9-11 NMSA 1978; and
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0025| (e) robbery, as provided in Section
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0001| 30-16-2 NMSA 1978, which results in great bodily harm."
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0002| Section 4. Section 33-2-36 NMSA 1978 (being Laws 1988,
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0003| Chapter 78, Section 6) is amended to read:
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0004| "33-2-36. FORFEITURE OF EARNED MERITORIOUS
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0005| DEDUCTIONS. [Any accrued deductions may be forfeited by the
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convict]
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0007| A. Meritorious deductions earned by an inmate may be
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0008| forfeited by that inmate for any major conduct violation upon the
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0009| recommendation of the classification committee, approval by the
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0010| warden and final approval by the secretary of corrections.
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0011| B. The provisions of this section also apply to
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0012| forfeiture of earned meritorious deductions for an inmate
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0013| imprisoned in a correctional facility operated by a public entity
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0014| or a private company, pursuant to a contract with the corrections
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0015| department."
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0016| Section 5. Section 33-2-37 NMSA 1978 (being Laws 1988,
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0017| Chapter 78, Section 7) is amended to read:
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0018| "33-2-37. RESTORATION OF FORFEITED MERITORIOUS
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0019| DEDUCTIONS.--
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0020| A. Meritorious deductions forfeited under Section
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0021| 33-2-36 NMSA 1978 may be restored in whole or in part to [any
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prisoner] an inmate who is exemplary in conduct and work
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0023| performance for a period of not less than six months following the
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0024| date of forfeiture. Meritorious deductions may be restored upon
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0025| recommendation of the classification committee, approval by the
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0001| warden and final approval by the secretary of corrections.
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0002| B. The provisions of this section also apply to
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0003| restoration of earned meritorious deductions for an inmate
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0004| imprisoned in a correctional facility operated by a public entity
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0005| or a private company, pursuant to a contract with the corrections
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0006| department."
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0007| Section 6. Section 33-2-38 NMSA 1978 (being Laws 1889,
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0008| Chapter 76, Section 13, as amended) is amended to read:
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0009| "33-2-38. COMPUTATION OF TERM. [Sec. 54. No convict
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shall] An inmate shall not be discharged from the penitentiary
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0011| of New Mexico or other correctional facility until he has
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0012| [remained] served the full term for which he was sentenced.
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0013| [to] The term shall be computed from and [including]
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0014| include the day on which his sentence took effect and
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0015| [excluding] shall exclude any time the [convict] inmate
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0016| may have been at large by reason of escape [therefrom], unless
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0017| he [may be] is pardoned or otherwise released by legal
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0018| authority. [Provided that nothing in] The provisions of this
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0019| section shall [be so construed as] not be interpreted to
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0020| deprive [any convict] an inmate of any reduction of time to
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0021| which he may be entitled [to under 5070] pursuant to the
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0022| provisions of Section 33-2-34 NMSA 1978."
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0023| Section 7. Section 33-8-2 NMSA 1978 (being Laws 1981,
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0024| Chapter 127, Section 2, as amended) is amended to read:
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0025| "33-8-2. DEFINITIONS.--As used in the Corrections Industries
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0001| Act:
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0002| A. "commission" means the [corrections commission]
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0003| secretary of corrections;
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0004| B. "department" means the corrections department;
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0005| C. "enterprise" means a manufacturing, agricultural or
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0006| service operation or group of closely related operations within
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0007| the bounds of a facility but does not include standard facility
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0008| maintenance activities and services;
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0009| D. "facility" means any place under the jurisdiction of
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0010| the department at which individuals are confined pursuant to court
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0011| order;
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0012| E. "fund" means the corrections industries revolving
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0013| fund;
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0014| F. "local public body" means all political subdivisions
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0015| of the state and their agencies, instrumentalities and
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0016| institutions supported wholly or in part by funds derived from
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0017| public taxation; and
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0018| G. "state agency" means the state or any of its
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0019| branches, agencies, departments, boards, instrumentalities or
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0020| institutions supported wholly or in part by funds derived from
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0021| public taxation."
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0022| Section 8. [NEW MATERIAL] SHORT TITLE.--Sections 8
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0023| through 14 of this act may be cited as the "Corrections Population
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0024| Control Act".
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0025| Section 9. [NEW MATERIAL] FINDINGS--PURPOSE.--
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0001| A. The legislature finds that:
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0002| (1) for many years, the state of New Mexico has
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0003| experienced difficulty in managing the size of its inmate
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0004| population. Often, the number of beds has been insufficient to
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0005| accommodate the inmate population committed or detained in
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0006| correctional facilities;
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0007| (2) an overcrowded inmate population was a major
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0008| cause of the disturbance that erupted at the penitentiary of New
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0009| Mexico in 1980. Moreover, problems caused by overcrowding remain
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0010| at the center of the ongoing federal litigation involving the
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0011| corrections department;
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0012| (3) a permanent solution to the overcrowded inmate
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0013| population must be established to ensure that the corrections
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0014| department is able to effectively operate its facilities, to
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0015| mitigate public safety concerns and to reduce the likelihood of
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0016| future litigation;
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0017| (4) although the corrections department is
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0018| responsible for the operation of correctional facilities, it
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0019| cannot resolve the problem of overcrowding by itself. The
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0020| department has no control over the admission of inmates into its
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0021| facilities and has only limited control over the release of
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0022| inmates from its facilities; and
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0023| (5) a permanent solution to the overcrowded inmate
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0024| population requires participation, commitment and cooperation by
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0025| the legislative, judicial and executive branches of government and
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0001| all criminal justice agencies.
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0002| B. The purpose of the Corrections Population Control Act
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0003| is to establish a corrections population control commission that
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0004| shall operate as an autonomous, nonpartisan body. The commission
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0005| shall develop and implement mechanisms to prevent the inmate
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0006| population from exceeding the rated capacity of correctional
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0007| facilities and shall take appropriate action when necessary to
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0008| effect the reduction of the inmate population.
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0009| Section 10. [NEW MATERIAL] DEFINITIONS.--As used in the
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0010| Corrections Population Control Act:
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0011| A. "commission" means the corrections population
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0012| control commission;
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0013| B. "female prison facility" means any female prison
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0014| facility so designated by the corrections department;
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0015| C. "male prison facilities" means:
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0016| (1) the penitentiary of New Mexico, located in
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0017| Santa Fe;
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0018| (2) the central New Mexico correctional facility,
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0019| located in Los Lunas;
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0020| (3) the Los Lunas correctional facility, located in
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0021| Los Lunas;
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0022| (4) the southern New Mexico correctional facility,
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0023| located in Las Cruces;
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0024| (5) the western New Mexico correctional facility,
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0025| located in Grants;
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0001| (6) the Roswell correctional facility, located in
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0002| Hagerman; and
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0003| (7) any other male prison facilities so designated
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0004| by the corrections department;
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0005| D. "nonviolent offender" means:
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0006| (1) a person not convicted of the following violent
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0007| offenses:
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0008| (a) murder in the first degree or murder in the
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0009| second degree pursuant to the provisions of Section 30-2-1 NMSA
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0010| 1978;
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0011| (b) aggravated assault, pursuant to the
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0012| provisions of Section 30-3-2 NMSA 1978;
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0013| (c) aggravated battery, pursuant to the
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0014| provisions of Subsection C of Section 30-3-5 NMSA 1978;
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0015| (d) kidnapping, pursuant to the provisions of
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0016| Section 30-4-1 NMSA 1978;
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0017| (e) abuse of a child, pursuant to the
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0018| provisions of Subsection C of Section 30-6-1 NMSA 1978;
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0019| (f) criminal sexual penetration, pursuant to
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0020| the provisions of Section 30-9-11 NMSA 1978;
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0021| (g) robbery while armed with a deadly weapon,
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0022| pursuant to the provisions of Section 30-16-2 NMSA 1978;
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0023| (h) use of a firearm during the commission of a
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0024| noncapital felony, pursuant to the provisions of Section 31-18-16
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0025| NMSA 1978;
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0001| (i) intentional injury to a person sixty years
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0002| of age or older or to a handicapped person during the commission
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0003| of a noncapital felony, pursuant to the provisions of Section 31-
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0004| 18-16.1 NMSA 1978;
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0005| (j) commission of three violent felonies,
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0006| pursuant to the provisions of Sections 31-18-23 and 31-18-24 NMSA
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0007| 1978; or
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0008| (k) commission of two violent sex offenses,
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0009| pursuant to the provisions of Sections 31-18-25 and 31-18-26 NMSA
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0010| 1978;
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0011| (2) a person not convicted of a violent felony, as
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0012| enumerated in Paragraph (1) of this subsection, from another
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0013| state, federal jurisdiction or foreign country within the last ten
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0014| years;
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0015| (3) a person not serving a sentence of life
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0016| imprisonment or a single or combined sentence of more than twenty
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0017| years involving physical injury, physical violence or great bodily
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0018| harm or a substantial threat or risk of physical injury, physical
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0019| violence or great bodily harm to another person to be determined
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0020| by the commission; or
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0021| (4) a person not classified as a maximum security
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0022| inmate;
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0023| E. "prisoner" refers to nonviolent offenders; and
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0024| F. "rated capacity" means the actual general population
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0025| bed space, including only individual cells and areas designed for
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0001| the long-term housing of inmates, available in the female prison
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0002| facility or male prison facilities as certified by the secretary
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0003| of corrections and subject to applicable state and federal law.
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0004| Section 11. [NEW MATERIAL] COMMISSION--CREATION--
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0005| MEMBERSHIP.--
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0006| A. There is created the "corrections population control
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0007| commission".
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0008| B. The commission shall be appointed for two-year terms
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0009| and shall be composed of:
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0010| (1) the secretary of corrections, who shall serve
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0011| as chairman;
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0012| (2) a member appointed by the New Mexico supreme
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0013| court;
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0014| (3) one representative appointed by the speaker of
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0015| the house of representatives;
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0016| (4) one senator appointed by the president pro
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0017| tempore of the senate;
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0018| (5) one representative and one senator appointed by
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0019| the minority leader of the house of representatives and the
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0020| senate, respectively; and
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0021| (6) one member appointed by the governor.
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0022| C. A majority of the members of the commission
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0023| constitutes a quorum for the transaction of commission business.
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0024| D. The members of the commission shall be paid pursuant
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0025| to the provisions of the Per Diem and Mileage Act and shall
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0001| receive no other perquisite, compensation or allowance.
|
0002| Section 12. [NEW MATERIAL] COMMISSION--DUTIES--ANNUAL
|
0003| REPORT.--
|
0004| A. The commission shall study, develop and recommend
|
0005| policies and mechanisms designed to manage the growth of the
|
0006| inmate population by:
|
0007| (1) reviewing corrections department models to
|
0008| forecast projected growth in the inmate population;
|
0009| (2) providing information concerning impacts on the
|
0010| inmate population caused by changes in sentencing policies and law
|
0011| enforcement policies;
|
0012| (3) analyzing the need for future construction of
|
0013| additional correctional facilities;
|
0014| (4) if necessary, preparing proposed legislation to
|
0015| further implementation of its policy recommendations; and
|
0016| (5) considering all of its recommendations in light
|
0017| of public safety concerns.
|
0018| B. The provisions of Subsection A of Section 33-2-34
|
0019| NMSA 1978 shall take effect upon certification by the commission
|
0020| that an adequate level of programming is offered by the
|
0021| corrections department to ensure that all inmates who want to earn
|
0022| meritorious deductions have an opportunity to do so. If the
|
0023| commission fails to certify an adequate level of programming, on a
|
0024| semiannual basis, for any reason, the provisions of Subsection B
|
0025| of Section 33-2-34 NMSA 1978 shall apply to all inmates.
|
0001| C. The commission shall submit an annual report of its
|
0002| activities and legislative proposals to the interim legislative
|
0003| committee with jurisdiction over corrections issues. The report
|
0004| shall be filed with the interim legislative committee no later
|
0005| than November 1 of each year.
|
0006| D. The commission staff support shall be provided by the
|
0007| corrections department.
|
0008| Section 13. [NEW MATERIAL] OVERCROWDING--POPULATION
|
0009| CONTROL MECHANISM--PROCEDURES.--
|
0010| A. When the inmate population of the corrections
|
0011| department facilities, exclusive of the inmate population housed
|
0012| in facilities used to relieve interim overcrowding, exceeds one
|
0013| hundred twelve percent of rated capacity on or before June 30,
|
0014| 1999 or one hundred percent of rated capacity after June 30, 1999,
|
0015| for a period of thirty consecutive days, the following measures
|
0016| shall be taken to reduce capacity:
|
0017| (1) the corrections department shall engage in all
|
0018| lawful and professionally appropriate efforts to reduce the prison
|
0019| population to one hundred twelve percent or one hundred percent of
|
0020| rated capacity as applicable, including in-state and out-of-state
|
0021| inmate transfers;
|
0022| (2) if prison population is still in excess of one
|
0023| hundred twelve percent or one hundred percent rated capacity as
|
0024| applicable after sixty consecutive days, the secretary of
|
0025| corrections shall notify the commission. Included in the
|
0001| notification shall be a list of prisoners who are within one
|
0002| hundred eighty days of their projected release date;
|
0003| (3) the commission shall convene within ten days to
|
0004| consider the release of prisoners on the list provided by the
|
0005| corrections department. The commission shall also discuss with
|
0006| the corrections department the impact on population of possible
|
0007| changes in the classification system and expanding incarceration
|
0008| alternatives. Victims of those prisoners shall receive
|
0009| appropriate notification that the prisoners may be released before
|
0010| sentence completion. If requested, the commission shall hear
|
0011| testimony or review the written statement of a victim or relative
|
0012| of a victim, as well as any public official who wishes to object
|
0013| to the release of a particular prisoner. For prisoners as to whom
|
0014| an objection is made, the commission shall deliberate on the
|
0015| release of the prisoner individually;
|
0016| (4) for prisoners approved by the commission for
|
0017| release, the commission shall grant emergency release credits in
|
0018| ten-day increments that will be applied to the sentence or
|
0019| sentences being served by the prisoners. The commission shall
|
0020| order release of the appropriate number of prisoners to reduce the
|
0021| prison population to the applicable rated capacity; and
|
0022| (5) notwithstanding any other provisions of this
|
0023| section, no prisoner shall be released:
|
0024| (a) unless the prisoner has a parole plan
|
0025| pursuant to applicable parole board regulations;
|
0001| (b) if the information concerning the prisoner
|
0002| is discovered to be materially inaccurate;
|
0003| (c) if the prisoner commits a crime while
|
0004| incarcerated or receives a disciplinary infraction;
|
0005| (d) if the prisoner fails a drug screening test
|
0006| within ten days of the scheduled release; or
|
0007| (e) if the effect of a prisoner release will
|
0008| result in the loss of federal funds to any agency of the state.
|
0009| B. If a bill is introduced during a legislative session
|
0010| that proposes to create a new criminal offense, proposes the
|
0011| imposition of mandatory sentencing or proposes an increase to an
|
0012| existing sentence, the corrections department shall provide the
|
0013| legislature with:
|
0014| (1) a fiscal impact report for a period five years
|
0015| into the future; and
|
0016| (2) a report regarding the increased number of
|
0017| prison beds that will be needed for a period five years into the
|
0018| future.
|
0019| Section 14. [NEW MATERIAL] TERMINATION OF AGENCY LIFE--
|
0020| TRANSFER OF FUNCTIONS.--The corrections population control
|
0021| commission is terminated on June 30, 2003. On July 1, 2003, the
|
0022| secretary of corrections shall assume the duties and
|
0023| responsibilities of the commission.
|
0024| Section 15. Section 33-1-17 NMSA 1978 (being Laws 1985,
|
0025| Chapter 149, Section 1, as amended) is amended to read:
|
0001| "33-1-17. PRIVATE CONTRACT.--
|
0002| A. The corrections department may contract for the
|
0003| operation of any adult female facility or for housing adult female
|
0004| inmates in a private facility with a person or entity in the
|
0005| business of providing correctional or jail services to government
|
0006| entities.
|
0007| B. The corrections department may contract with a person
|
0008| or entity in the business of providing correctional or jail
|
0009| services to government entities for
|
0010| [(1) a correctional facility in Guadalupe county
|
of not less than five hundred fifty and not more than two thousand
|
two hundred beds;
|
(2) a correctional facility in Lea, Chaves or Santa
|
Fe county of not less than one thousand two hundred and not more
|
than two thousand two hundred beds;
|
(3) design and construction of a support services
|
building, a laundry and an infirmary at the penitentiary of New
|
Mexico in Santa Fe; or
|
(4)] the construction of a public facility to
|
0020| house a special incarceration alternative program for adult male
|
0021| and adult female felony offenders.
|
0022| [C. The authorization in Subsection B of this section
|
for a correctional facility in Guadalupe county and a correctional
|
facility in Lea, Chaves or Santa Fe county is contingent upon
|
construction of both facilities, so that one of the facilities
|
shall not be constructed unless both of the facilities are
|
constructed, as nearly as practicable, simultaneously.
|
D.] C. The corrections department shall solicit
|
0004| proposals and award any contract under this section in accordance
|
0005| with the provisions of the Procurement Code. The contract shall
|
0006| include such terms and conditions as the corrections department
|
0007| may require after consultation with the general services
|
0008| department; provided that the terms and conditions shall include
|
0009| provisions:
|
0010| (1) setting forth comprehensive standards for
|
0011| conditions of incarceration;
|
0012| (2) that the contractor assumes all liability
|
0013| caused by or arising out of all aspects of the provision or
|
0014| operation of the facility;
|
0015| (3) for liability insurance or other proof of
|
0016| financial responsibility acceptable to the general services
|
0017| department covering the contractor and its officers, employees and
|
0018| agents in an amount sufficient to cover all liability caused by or
|
0019| arising out of all aspects of the provision or operation of the
|
0020| facility;
|
0021| (4) for termination for cause upon ninety days'
|
0022| notice to the contractor for failure to meet contract provisions
|
0023| when such failure seriously affects the availability or operation
|
0024| of the facility;
|
0025| (5) that venue for the enforcement of the contract
|
0001| shall be in the district court for Santa Fe county;
|
0002| (6) that continuation of the contract is subject to
|
0003| the availability of funds; and
|
0004| (7) that compliance with the contract shall be
|
0005| monitored by the corrections department and the contract may be
|
0006| terminated for noncompliance.
|
0007| [E.] D. When the contractor begins operation of a
|
0008| facility, [for which private contractor operation is authorized]
|
0009| his employees performing the functions of correctional officers
|
0010| shall be deemed correctional officers for the purposes of Sections
|
0011| 33-1-10 and 33-1-11 NMSA 1978 but for no other purpose of state
|
0012| law, unless specifically stated.
|
0013| [F.] E. Any contract awarded pursuant to this
|
0014| section may include terms to provide for the renovation of the
|
0015| facility or for the construction of new buildings. Work performed
|
0016| pursuant to such terms and conditions shall not be considered a
|
0017| capital project as defined in Section 15-3-23.3 NMSA 1978 or a
|
0018| state public works project as defined in Section 13-1-91 NMSA 1978
|
0019| nor shall it be subject to the requirements of Section 13-1-150
|
0020| NMSA 1978 or of the Capital Program Act, review by the staff
|
0021| architect of the property control division of the general services
|
0022| department pursuant to Section 15-3-20 NMSA 1978 or regulation by
|
0023| the director of that division pursuant to Section 15-3-11 NMSA
|
0024| 1978.
|
0025| [G.] F. Any contract entered into by the corrections
|
0001| department with a private contractor to operate an existing
|
0002| facility shall include a provision securing the right of all
|
0003| persons employed by that facility prior to the effective date of
|
0004| that contract to be employed by that contractor in any position
|
0005| for which they qualify before that position is offered to any
|
0006| person not employed by that facility prior to that date."
|
0007| Section 16. Section 33-1-18 NMSA 1978 (being Laws 1990 (1st.
|
0008| S.S.), Chapter 5, Section 1, as amended) is amended to read:
|
0009| "33-1-18. [FUNDS] FUND CREATED.--There [are] is
|
0010| created in the state treasury a special [funds] fund to be
|
0011| known as the "corrections department building fund" [the
|
"Guadalupe county prison fund" and the "New Mexico prison fund"].
|
0013| The [funds] fund shall consist of money appropriated by the
|
0014| legislature, from year to year, from the income of the permanent
|
0015| fund and land income of which the penitentiary of New Mexico is
|
0016| the beneficiary [and any other revenues that are appropriated to
|
the funds, other than revenues derived from property taxes or
|
general fund revenues]. Income from investment of [each
|
special] the fund [created by this section] shall be credited
|
0020| to [that] the fund. No other funds of the state shall be
|
0021| deposited or paid into the corrections department building fund."
|
0022| Section 17. Section 33-1-19 NMSA 1978 (being Laws 1990 (1st.
|
0023| S.S.), Chapter 5, Section 2, as amended by Laws 1995, Chapter 43,
|
0024| Section 1 and also by Laws 1995, Chapter 215, Section 4) is
|
0025| amended to read:
|
0001| "33-1-19. USE OF [FUNDS] FUND. [A.] The [funds
|
created in or pursuant to Section 33-1-18 NMSA 1978] corrections
|
0003| department building fund shall be used by the corrections
|
0004| department [or the board of finance] solely for the purpose of
|
0005| acquiring, [designing, constructing or equipping] by lease or
|
0006| [lease-purchase, or by financing the ownership by the corrections
|
department through the issuance of bonds or other obligations by
|
the corrections department or the board of finance, or] other
|
0009| means, a corrections department central office complex, a
|
0010| personnel training academy, a special incarceration alternative
|
0011| facility [correctional facilities] or any combination of these
|
0012| facilities. [and for paying the expenses relating to the lease,
|
lease-purchase or financing of these facilities. Before any of
|
the funds created in Section 33-1-18 NMSA 1978 may be used for any
|
such purpose, the state board of finance shall approve the
|
proposed facility and the proposed use of the funds.
|
B. The funds created in or pursuant to Section
|
33-1-18 NMSA 1978 shall be used so that available appropriations
|
are devoted to the following projects:
|
(1) payment for the corrections department central
|
office complex;
|
(2) a correctional facility in Guadalupe county of
|
not less than five hundred fifty and not more than two thousand
|
two hundred beds;
|
(3) a correctional facility in Lea, Chaves or Santa
|
Fe county of not less than one thousand two hundred and not more
|
than two thousand two hundred beds; and
|
(4) design and construction of a support services
|
building, a laundry and an infirmary at the penitentiary of New
|
Mexico in Santa Fe.
|
C. The use of funds designated in Subsection B of this
|
section for a correctional facility in Guadalupe county and a
|
correctional facility in Lea, Chaves or Santa Fe county is
|
contingent upon construction of both facilities, so that one of
|
the facilities shall not be constructed unless both of the
|
facilities are constructed, as nearly as possible, simultaneously.
|
D.] Any balance at the end of any fiscal year in the
|
0013| [special funds created in Section 33-1-18 NMSA 1978 that are]
|
0014| corrections department building fund that is not needed to pay
|
0015| leases, loans, bonds or other financing instruments in that fiscal
|
0016| year may be appropriated by the legislature for expenditure in
|
0017| succeeding fiscal years by the corrections department for
|
0018| corrections purposes."
|
0019| Section 18. [NEW MATERIAL] ADULT MALE INMATES TRANSFERRED
|
0020| TO OUT-OF-STATE CORRECTIONAL FACILITIES--LIMITED PERIOD OF TIME.--
|
0021| Adult male inmates transferred to out-of-state correctional
|
0022| facilities for the purpose of relieving overcrowding in New Mexico
|
0023| correctional facilities may be kept in out-of-state correctional
|
0024| facilities for a period of up to twelve months.
|
0025| Section 19. [NEW MATERIAL] CONTRACT TO HOUSE ADULT INMATES
|
0001| IN TREATMENT OR SPECIAL PROGRAM FACILITIES.--
|
0002| A. The corrections department shall solicit proposals
|
0003| for the purpose of entering into a contract with a private
|
0004| detention facility pursuant to Subsection G of Section 31-20-2
|
0005| NMSA 1978 to operate both an adult female reintegration facility
|
0006| and an in-prison substance abuse treatment facility for adult male
|
0007| inmates.
|
0008| B. The facility contracting with the corrections
|
0009| department pursuant to Subsection A of this section shall:
|
0010| (1) be privately financed, designed, constructed
|
0011| and operated by the contractor; provided that a facility financed
|
0012| by bonds issued pursuant to the Industrial Revenue Bond Act or the
|
0013| County Industrial Revenue Bond Act and sold to the contractor
|
0014| shall be privately financed by the contractor for the purposes of
|
0015| this paragraph;
|
0016| (2) consist of a two-hundred-fifty-bed adult female
|
0017| reintegration facility and a four-hundred-bed adult male in-prison
|
0018| substance abuse treatment facility located adjacent to each other
|
0019| and adjacent to a six-hundred-bed medium-security correctional
|
0020| facility that is located in the middle Rio Grande corridor, owned
|
0021| by the state, operated by the corrections department and provides
|
0022| supporting infrastructure and service facilities for the facility
|
0023| under contract pursuant to this section; and
|
0024| (3) certify that the facility was built by a
|
0025| primary contractor and subcontractors that:
|
0001| (a) maintain their primary places of business
|
0002| in New Mexico;
|
0003| (b) hired laborers for construction of the
|
0004| facility as employees, rather than as independent contractors, and
|
0005| who are New Mexico residents;
|
0006| (c) provided health care benefits, retirement
|
0007| benefits and unemployment insurance to their employees working on
|
0008| construction of the facility; and
|
0009| (d) maintain apprenticeship programs for their
|
0010| employees.
|
0011| C. The corrections department shall solicit proposals
|
0012| and award any contract under this section in accordance with the
|
0013| provisions of the Procurement Code. The contract shall include
|
0014| such terms and conditions as the department may require after
|
0015| consultation with the general services department; provided that
|
0016| the terms and conditions shall include provisions that:
|
0017| (1) set forth comprehensive standards for
|
0018| conditions of incarceration;
|
0019| (2) require the facility to meet or exceed
|
0020| corrections department standards and meet appropriate
|
0021| certification requirements within one year after beginning
|
0022| operation and remain accredited through the life of the contract;
|
0023| (2) require the contractor to assume all liability
|
0024| caused by or arising out of all aspects of the provision or
|
0025| operation of the facility;
|
0001| (3) require liability insurance or other proof of
|
0002| financial responsibility acceptable to the general services
|
0003| department that covers the contractor and its officers, employees
|
0004| and agents in an amount sufficient to cover all liability caused
|
0005| by or arising out of all aspects of the provision or operation of
|
0006| the facility;
|
0007| (4) require termination for cause upon ninety days'
|
0008| notice to the contractor for failure to meet contract provisions
|
0009| when such failure seriously affects the availability or operation
|
0010| of the facility;
|
0011| (5) provide that venue for enforcement of the
|
0012| contract shall be in the district court for Santa Fe county;
|
0013| (6) require continuation of the contract to be
|
0014| subject to the availability of funds;
|
0015| (7) provide that compliance with the contract shall
|
0016| be monitored by the corrections department and the contract may be
|
0017| terminated for noncompliance; and
|
0018| (8) payments under the contract shall be made only
|
0019| on a per diem per inmate basis without any additional or separate
|
0020| charge for capital costs.
|
0021| Section 20. [NEW MATERIAL] CONTRACT TO HOUSE ADJUDICATED
|
0022| DELINQUENTS IN A CARE, REHABILITATION AND TREATMENT FACILITY.--
|
0023| A. The children, youth and families department shall
|
0024| solicit proposals for the purpose of entering into a contract with
|
0025| a private care, rehabilitation and treatment facility to house
|
0001| male adjudicated delinquents committed to the children, youth and
|
0002| families department.
|
0003| B. The facility contracting with the children, youth and
|
0004| families department pursuant to Subsection A of this section
|
0005| shall:
|
0006| (1) be privately financed, designed, constructed
|
0007| and operated by the contractor; provided that a facility financed
|
0008| by bonds issued pursuant to the Industrial Revenue Bond Act or the
|
0009| County Industrial Revenue Bond Act and sold to the contractor
|
0010| shall be privately financed by the contractor for the purposes of
|
0011| this paragraph;
|
0012| (2) consist of one hundred fifty beds and provide
|
0013| care, rehabilitation and treatment for male adjudicated
|
0014| delinquents;
|
0015| (3) be located in the middle Rio Grande corridor;
|
0016| and
|
0017| (4) certify that the facility was built by a
|
0018| primary contractor and subcontractors that:
|
0019| (a) maintain their primary places of business
|
0020| in New Mexico;
|
0021| (b) hired laborers for construction of the
|
0022| facility as employees, rather than as independent contractors, and
|
0023| who are New Mexico residents;
|
0024| (c) provided health care benefits, retirement
|
0025| benefits and unemployment insurance to their employees working on
|
0001| construction of the facility; and
|
0002| (d) maintain apprenticeship programs for their
|
0003| employees.
|
0004| C. The children, youth and families department shall
|
0005| solicit proposals and award any contract under this section in
|
0006| accordance with the provisions of the Procurement Code. The
|
0007| contract shall include such terms and conditions as the department
|
0008| may require after consultation with the general services
|
0009| department; provided that the terms and conditions shall include
|
0010| provisions that:
|
0011| (1) set forth comprehensive standards for
|
0012| conditions of incarceration;
|
0013| (2) require the facility to meet or exceed
|
0014| applicable juvenile detention facility standards and meet
|
0015| appropriate certification requirements within one year after
|
0016| beginning operation and remain accredited through the life of the
|
0017| contract;
|
0018| (2) require the contractor to assume all liability
|
0019| caused by or arising out of all aspects of the provision or
|
0020| operation of the facility;
|
0021| (3) require liability insurance or other proof of
|
0022| financial responsibility acceptable to the general services
|
0023| department that covers the contractor and its officers, employees
|
0024| and agents in an amount sufficient to cover all liability caused
|
0025| by or arising out of all aspects of the provision or operation of
|
0001| the facility;
|
0002| (4) require termination for cause upon ninety days'
|
0003| notice to the contractor for failure to meet contract provisions
|
0004| when such failure seriously affects the availability or operation
|
0005| of the facility;
|
0006| (5) provide that venue for enforcement of the
|
0007| contract shall be in the district court for Santa Fe county;
|
0008| (6) require continuation of the contract to be
|
0009| subject to the availability of funds;
|
0010| (7) provide that compliance with the contract shall
|
0011| be monitored by the children, youth and families department and
|
0012| the contract may be terminated for noncompliance; and
|
0013| (8) payments under the contract shall be made only
|
0014| on a per diem per inmate basis without any additional or separate
|
0015| charge for capital costs.
|
0016| Section 21. Section 34-6-5 NMSA 1978 (being Laws 1968,
|
0017| Chapter 69, Section 8, as amended) is amended to read:
|
0018| "34-6-5. JUDGES--SECOND JUDICIAL DISTRICT.--There shall be
|
0019| [twenty-one] twenty-two district judges in the second judicial
|
0020| district."
|
0021| Section 22. TEMPORARY PROVISION--JUDGESHIP APPOINTMENT--DRUG
|
0022| COURT.--
|
0023| A. The additional judgeship provided for in Section 21
|
0024| of this act shall be filled by the governor pursuant to Article 6,
|
0025| Section 36 of the constitution of New Mexico.
|
0001| B. The additional judge provided for in Section 21 of
|
0002| this act shall preside over the operation of a drug court.
|
0003| Section 23. TEMPORARY PROVISION.--
|
0004| A. Effective immediately, the secretary of corrections
|
0005| shall implement those provisions of the Corrections Population
|
0006| Control Act that provide for the release of nonviolent offender
|
0007| prisoners within one hundred eighty days of projected release.
|
0008| This release authorization shall be implemented by the secretary
|
0009| of corrections without regard to the creation of the corrections
|
0010| population control commission provided for in the Corrections
|
0011| Population Control Act and without regard to the procedural time
|
0012| frames provided for in that act.
|
0013| B. The provisions of this section shall remain in effect
|
0014| until July 1, 1997.
|
0015| Section 24. APPROPRIATION.--One million one hundred thousand
|
0016| dollars ($1,100,000) is appropriated from the general fund to the
|
0017| corrections department for expenditure in fiscal year 1997 for the
|
0018| purpose of paying for adult male inmates transferred to out-of-
|
0019| state correctional facilities to relieve overcrowding in state
|
0020| correctional facilities and paying for accompanying costs,
|
0021| including medical costs and transportation costs. Any unexpended
|
0022| or unencumbered balance remaining at the end of fiscal year 1997
|
0023| shall revert to the general fund.
|
0024| Section 25. APPROPRIATION.--One million eight hundred
|
0025| thousand dollars ($1,800,000) is appropriated from the general
|
0001| fund to the corrections department for expenditure in fiscal year
|
0002| 1998 for the purpose of paying for adult male inmates transferred
|
0003| to out-of-state correctional facilities and paying for
|
0004| accompanying costs, including medical costs and transportation
|
0005| costs. Any unexpended or unencumbered balance remaining at the
|
0006| end of fiscal year 1998 shall revert to the general fund.
|
0007| Section 26. APPROPRIATION TO HOUSE INMATES--CONTRACT
|
0008| PROVISIONS.--
|
0009| A. Two million dollars ($2,000,000) is appropriated from
|
0010| the general fund to the corrections department for expenditure in
|
0011| fiscal year 1998 to contract with Cibola county to house
|
0012| additional inmates at the Cibola county corrections center. Any
|
0013| unexpended or unencumbered balance remaining at the end of fiscal
|
0014| year 1998 shall revert to the general fund.
|
0015| B. The contract entered into pursuant to Subsection A of
|
0016| this section shall provide:
|
0017| (1) that the total number of state inmates housed
|
0018| at the Cibola county corrections center shall equal five hundred
|
0019| fifty-two medium security inmates and one hundred seventy-six
|
0020| minimum restrict inmates; and
|
0021| (2) that the corrections department shall not
|
0022| reduce the number of inmates housed at the Cibola county
|
0023| corrections center below the numbers specified in Paragraph (1) of
|
0024| this subsection unless it has first removed all similarly
|
0025| classified state inmates from all other state, private or county
|
0001| operated correctional facilities.
|
0002| Section 27. APPROPRIATIONS--CORRECTIONAL FACILITIES
|
0003| ACQUISITION FUND.--
|
0004| A. Ninety-three million dollars ($93,000,000) is
|
0005| appropriated from the correctional facilities acquisition fund to
|
0006| the corrections department for expenditure in fiscal year 1998 and
|
0007| subsequent fiscal years in the following amounts for the
|
0008| acquisition of the following facilities:
|
0009| (1) thirty-one million dollars ($31,000,000) for a
|
0010| correctional facility in Guadalupe county with an initial capacity
|
0011| of six hundred beds, expandable to one thousand two hundred beds;
|
0012| (2) thirty-one million dollars ($31,000,000) for a
|
0013| correctional facility in Lea county with an initial capacity of
|
0014| six hundred beds, expandable to one thousand two hundred beds; and
|
0015| (3) thirty-one million dollars ($31,000,000) for a
|
0016| correctional facility in the middle Rio Grande corridor with six
|
0017| hundred medium-security beds for adult male inmates that includes
|
0018| infrastructure and service facilities available to a two-hundred-
|
0019| fifty-bed adult female reintegration facility and a four-hundred-
|
0020| bed in-prison substance abuse treatment facility for adult male
|
0021| inmates that will be privately owned and operated facilities
|
0022| adjacent to the correctional facility.
|
0023| B. Five million dollars ($5,000,000) of the proceeds of
|
0024| the general obligation bonds for juvenile correctional and
|
0025| rehabilitative facilities approved by the voters in the 1996
|
0001| general election is appropriated to the children, youth and
|
0002| families department to acquire a fifty-bed prefabricated juvenile
|
0003| detention facility at the youth development and diagnostic center
|
0004| and a fifty-bed prefabricated facility at the New Mexico boys'
|
0005| school at Springer.
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0006| C. Any unexpended or unencumbered balance remaining from
|
0007| the appropriations in Subsection A of this section at the end of
|
0008| any fiscal year shall revert to the correctional facilities
|
0009| acquisition fund for disposition as provided by law for money in
|
0010| that fund.
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0011| D. The appropriations in Subsections A and B of this
|
0012| section are contingent upon the enactment into law of Senate
|
0013| Finance Committee Substitute for Senate Bill 1054 of the first
|
0014| session of the forty-third legislature.
|
0015| E. No contract for the acquisition of a facility shall
|
0016| be entered into pursuant to Subsections A and B of this section
|
0017| unless the secretary of the contracting agency certifies that the
|
0018| facility will be built by a primary contractor and subcontractors
|
0019| that:
|
0020| (1) maintain their primary places of business in
|
0021| New Mexico;
|
0022| (2) hire laborers for construction of the facility
|
0023| as employees, rather than as independent contractors, and who are
|
0024| New Mexico residents;
|
0025| (3) provide health care benefits, retirement
|
0001| benefits and unemployment insurance to their employees working on
|
0002| construction of the facility; and
|
0003| (4) maintain apprenticeship programs for their
|
0004| employees.
|
0005| Section 28. APPROPRIATION.--
|
0006| A. Three hundred eighty-nine thousand two hundred
|
0007| dollars ($389,200) is appropriated from the general fund to the
|
0008| following entities in the following amounts for expenditure in
|
0009| fiscal year 1998 for the purpose of establishing a drug court in
|
0010| the second judicial district:
|
0011| (1) one hundred ninety thousand nine hundred
|
0012| dollars ($190,900) to the second judicial district to pay a
|
0013| district court judge's salary and benefits and provide support
|
0014| staff for that judge;
|
0015| (2) one hundred one thousand three hundred dollars
|
0016| ($101,300) to the district attorney's office for the second
|
0017| judicial district to pay for salaries and benefits for two
|
0018| assistant district attorneys; and
|
0019| (3) ninety-seven thousand dollars ($97,000) to the
|
0020| public defender department to pay for salaries and benefits for
|
0021| two public defenders.
|
0022| B. Any unexpended or unencumbered balance remaining at
|
0023| the end of fiscal year 1998 shall revert to the general fund.
|
0024| Section 29. APPROPRIATION.--Five hundred thousand dollars
|
0025| ($500,000) is appropriated from the general fund to the DNA
|
0001| identification system fund for expenditure in fiscal year 1998 for
|
0002| the purpose of implementing the provisions of the DNA
|
0003| Identification Act, contingent upon enactment into law of Senate
|
0004| Judiciary Committee Substitute for Senate Bill 114 by the first
|
0005| session of the forty-third legislature. Any unexpended or
|
0006| unencumbered balance remaining at the end of fiscal year 1998
|
0007| shall not revert to the general fund.
|
0008| Section 30. REPEAL.--Section 33-8-14 NMSA 1978 (being Laws
|
0009| 1981, Chapter 127, Section 14) is repealed.
|
0010| Section 31. APPLICABILITY.--The provisions of Sections 3
|
0011| through 6 of this act apply to persons convicted of a criminal
|
0012| offense committed on or after July 1, 1997. As to persons
|
0013| convicted of a criminal offense committed prior to July 1, 1997,
|
0014| the laws with respect to the vesting of meritorious deductions in
|
0015| effect at the time the offense was committed shall apply.
|
0016| Section 32. EFFECTIVE DATE.--The effective date of the
|
0017| provisions of Sections 3 through 6 of this act is July 1, 1997.
|
0018| Section 33. EMERGENCY.--It is necessary for the public
|
0019| peace, health and safety that this act take effect immediately.
|
0020| HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR
|
0021| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
|
0022| SENATE BILL 1273
|
0023| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0024|
|
0025|
|
0001|
|
0002|
|
0003|
|
0004|
|
0005|
|
0006| AN ACT
|
0007| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
|
0008| REQUIRING INMATES TO EARN MERITORIOUS DEDUCTIONS FROM A TERM OF
|
0009| IMPRISONMENT; ENACTING THE CORRECTIONS POPULATION CONTROL ACT;
|
0010| ESTABLISHING THE CORRECTIONS POPULATION CONTROL COMMISSION;
|
0011| PROVIDING FOR THE DUTIES AND AUTHORITY OF THE CORRECTIONS
|
0012| POPULATION CONTROL COMMISSION; PROVIDING MECHANISMS FOR
|
0013| ADDRESSING INMATE OVERCROWDING; AMENDING, REPEALING AND
|
0014| ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.
|
0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. Section 33-1-2 NMSA 1978 (being Laws 1978,
|
0018| Chapter 4, Section 1, as amended) is amended to read:
|
0019| "33-1-2. DEFINITIONS.--As used in the Corrections Act:
|
0020| A. "division" or "department" means the corrections
|
0021| department;
|
0022| B. "director" or "secretary" means the secretary of
|
0023| corrections;
|
0024| C. "corrections facility" means any facility or
|
0025| program controlled or operated by the state or any of its
|
0001| agencies or departments and supported wholly or in part by
|
0002| state funds for the correctional care of persons, including but
|
0003| not limited to:
|
0004| (1) the "penitentiary of New Mexico", which
|
0005| consists of the penitentiary at Santa Fe and other places in
|
0006| the state designated by the secretary; and
|
0007| (2) the state board of probation and parole,
|
0008| except to the extent delegated to the parole board by the
|
0009| Parole Board Act; and
|
0010| [D. "commission" means the corrections commission;
|
and
|
E.] D. "warden" or "superintendent" means the
|
0013| administrative director of a correctional facility."
|
0014| Section 2. Section 33-1-4 NMSA 1978 (being Laws 1969,
|
0015| Chapter 226, Section 4, as amended) is amended to read:
|
0016| "33-1-4. CORRECTIONS [DIVISION] DEPARTMENT. [A.
|
There is created within the criminal justice department the
|
"corrections division".] The [division] department is
|
0019| responsible for all matters pertaining to corrections as
|
0020| provided in the Corrections Act or other law.
|
0021| [B. There is created the "corrections commission"
|
consisting of seven members appointed by the governor with the
|
advice and consent of the senate for staggered terms, one
|
ending June 30, 1972 and two ending June 30 of each of the
|
following three years. Thereafter, appointments shall be made
|
for terms of four years or less in a manner that the terms of one
|
or two members expire as the case may be on June 30 each year.
|
Members of the commission shall be reimbursed as provided in the
|
Per Diem and Mileage Act and shall receive no other compensation,
|
perquisite or allowance. Four members of the commission
|
constitute a quorum for the transaction of business. Not more
|
than four members shall be of the same political party. Four of
|
the members shall be persons who have displayed interest in
|
juvenile correction and rehabilitation matters and three shall be
|
persons who have displayed interest in adult correction and
|
rehabilitation matters. Any member who fails to attend any three
|
consecutive meetings of the commission without being excused by
|
the commission shall be automatically removed.
|
C. The commission shall advise the director in the
|
management and control of the division.]"
|
0016| Section 3. Section 33-1-17 NMSA 1978 (being Laws 1985,
|
0017| Chapter 149, Section 1, as amended) is amended to read:
|
0018| "33-1-17. PRIVATE CONTRACT.--
|
0019| A. The corrections department may contract for the
|
0020| operation of any adult female facility or for housing adult female
|
0021| inmates in a private facility with a person or entity in the
|
0022| business of providing correctional or jail services to government
|
0023| entities.
|
0024| B. The corrections department may contract with a person
|
0025| or entity in the business of providing correctional or jail
|
0001| services to government entities for
|
0002| [(1) a correctional facility in Guadalupe county
|
of not less than five hundred fifty and not more than two thousand
|
two hundred beds;
|
(2) a correctional facility in Lea, Chaves or Santa
|
Fe county of not less than one thousand two hundred and not more
|
than two thousand two hundred beds;
|
(3) design and construction of a support services
|
building, a laundry and an infirmary at the penitentiary of New
|
Mexico in Santa Fe; or
|
(4)] the construction of a public facility to
|
0012| house a special incarceration alternative program for adult male
|
0013| and adult female felony offenders.
|
0014| [C. The authorization in Subsection B of this section
|
for a correctional facility in Guadalupe county and a correctional
|
facility in Lea, Chaves or Santa Fe county is contingent upon
|
construction of both facilities, so that one of the facilities
|
shall not be constructed unless both of the facilities are
|
constructed, as nearly as practicable, simultaneously.
|
D.] C. The corrections department shall solicit
|
0021| proposals and award any contract under this section in accordance
|
0022| with the provisions of the Procurement Code. The contract shall
|
0023| include such terms and conditions as the corrections department
|
0024| may require after consultation with the general services
|
0025| department; provided that the terms and conditions shall include
|
0001| provisions:
|
0002| (1) setting forth comprehensive standards for
|
0003| conditions of incarceration;
|
0004| (2) that the contractor assumes all liability
|
0005| caused by or arising out of all aspects of the provision or
|
0006| operation of the facility;
|
0007| (3) for liability insurance or other proof of
|
0008| financial responsibility acceptable to the general services
|
0009| department covering the contractor and its officers, employees and
|
0010| agents in an amount sufficient to cover all liability caused by or
|
0011| arising out of all aspects of the provision or operation of the
|
0012| facility;
|
0013| (4) for termination for cause upon ninety days'
|
0014| notice to the contractor for failure to meet contract provisions
|
0015| when such failure seriously affects the availability or operation
|
0016| of the facility;
|
0017| (5) that venue for the enforcement of the contract
|
0018| shall be in the district court for Santa Fe county;
|
0019| (6) that continuation of the contract is subject to
|
0020| the availability of funds; and
|
0021| (7) that compliance with the contract shall be
|
0022| monitored by the corrections department and the contract may be
|
0023| terminated for noncompliance.
|
0024| [E.] D. When the contractor begins operation of a
|
0025| facility, [for which private contractor operation is authorized]
|
0001| his employees performing the functions of correctional officers
|
0002| shall be deemed correctional officers for the purposes of Sections
|
0003| 33-1-10 and 33-1-11 NMSA 1978 but for no other purpose of state
|
0004| law, unless specifically stated.
|
0005| [F.] E. Any contract awarded pursuant to this
|
0006| section may include terms to provide for the renovation of the
|
0007| facility or for the construction of new buildings. Work performed
|
0008| pursuant to such terms and conditions shall not be considered a
|
0009| capital project as defined in Section 15-3-23.3 NMSA 1978 or a
|
0010| state public works project as defined in Section 13-1-91 NMSA 1978
|
0011| nor shall it be subject to the requirements of Section 13-1-150
|
0012| NMSA 1978 or of the Capital Program Act, review by the staff
|
0013| architect of the property control division of the general services
|
0014| department pursuant to Section 15-3-20 NMSA 1978 or regulation by
|
0015| the director of that division pursuant to Section 15-3-11 NMSA
|
0016| 1978.
|
0017| [G.] F. Any contract entered into by the corrections
|
0018| department with a private contractor to operate an existing
|
0019| facility shall include a provision securing the right of all
|
0020| persons employed by that facility prior to the effective date of
|
0021| that contract to be employed by that contractor in any position
|
0022| for which they qualify before that position is offered to any
|
0023| person not employed by that facility prior to that date."
|
0024| Section 4. Section 33-1-18 NMSA 1978 (being Laws 1990 (1st.
|
0025| S.S.), Chapter 5, Section 1, as amended) is amended to read:
|
0001| "33-1-18. [FUNDS] FUND CREATED.--There [are] is
|
0002| created in the state treasury a special [funds] fund to be
|
0003| known as the "corrections department building fund" [the
|
"Guadalupe county prison fund" and the "New Mexico prison fund"].
|
0005| The [funds] fund shall consist of money appropriated by the
|
0006| legislature, from year to year, from the income of the permanent
|
0007| fund and land income of which the penitentiary of New Mexico is
|
0008| the beneficiary [and any other revenues that are appropriated to
|
the funds, other than revenues derived from property taxes or
|
general fund revenues]. Income from investment of [each
|
special] the fund [created by this section] shall be credited
|
0012| to [that] the fund. No other funds of the state shall be
|
0013| deposited or paid into the corrections department building fund."
|
0014| Section 5. Section 33-1-19 NMSA 1978 (being Laws 1990 (1st.
|
0015| S.S.), Chapter 5, Section 2, as amended by Laws 1995, Chapter 43,
|
0016| Section 1 and also by Laws 1995, Chapter 215, Section 4) is
|
0017| amended to read:
|
0018| "33-1-19. USE OF [FUNDS] FUND. [A.] The [funds
|
created in or pursuant to Section 33-1-18 NMSA 1978] corrections
|
0020| department building fund shall be used by the corrections
|
0021| department [or the board of finance] solely for the purpose of
|
0022| acquiring, [designing, constructing or equipping] by lease or
|
0023| [lease-purchase, or by financing the ownership by the corrections
|
department through the issuance of bonds or other obligations by
|
the corrections department or the board of finance, or] other
|
0001| means, a corrections department central office complex, a
|
0002| personnel training academy, a special incarceration alternative
|
0003| facility [correctional facilities] or any combination of these
|
0004| facilities. [and for paying the expenses relating to the lease,
|
lease-purchase or financing of these facilities. Before any of
|
the funds created in Section 33-1-18 NMSA 1978 may be used for any
|
such purpose, the state board of finance shall approve the
|
proposed facility and the proposed use of the funds.
|
B. The funds created in or pursuant to Section
|
33-1-18 NMSA 1978 shall be used so that available appropriations
|
are devoted to the following projects:
|
(1) payment for the corrections department central
|
office complex;
|
(2) a correctional facility in Guadalupe county of
|
not less than five hundred fifty and not more than two thousand
|
two hundred beds;
|
(3) a correctional facility in Lea, Chaves or Santa
|
Fe county of not less than one thousand two hundred and not more
|
than two thousand two hundred beds; and
|
(4) design and construction of a support services
|
building, a laundry and an infirmary at the penitentiary of New
|
Mexico in Santa Fe.
|
C. The use of funds designated in Subsection B of this
|
section for a correctional facility in Guadalupe county and a
|
correctional facility in Lea, Chaves or Santa Fe county is
|
contingent upon construction of both facilities, so that one of
|
the facilities shall not be constructed unless both of the
|
facilities are constructed, as nearly as possible, simultaneously.
|
D.] Any balance at the end of any fiscal year in the
|
0005| [special funds created in Section 33-1-18 NMSA 1978 that are]
|
0006| corrections department building fund that is not needed to pay
|
0007| leases, loans, bonds or other financing instruments in that fiscal
|
0008| year may be appropriated by the legislature for expenditure in
|
0009| succeeding fiscal years by the corrections department for
|
0010| corrections purposes."
|
0011| Section 6. Section 33-2-34 NMSA 1978 (being Laws 1978,
|
0012| Chapter 40, Section 1, as amended) is repealed and a new Section
|
0013| 33-2-34 NMSA 1978 is enacted to read:
|
0014| "33-2-34. [NEW MATERIAL] ELIGIBILITY FOR EARNED
|
0015| MERITORIOUS DEDUCTIONS.--
|
0016| A. An inmate confined in the penitentiary of New Mexico
|
0017| or other state correctional facility for committing a violent
|
0018| offense is eligible to earn meritorious deductions of up to four
|
0019| days per month upon recommendation of the classification committee
|
0020| and approval by the warden.
|
0021| B. An inmate confined in the penitentiary of New Mexico
|
0022| or other state correctional facility for committing a nonviolent
|
0023| offense is eligible to earn meritorious deductions of up to thirty
|
0024| days per month upon recommendation of the classification committee
|
0025| and approval by the warden.
|
0001| C. In order to earn meritorious deductions, an inmate
|
0002| shall actively participate in a program recommended and approved
|
0003| for him by the classification committee. The classification
|
0004| committee may recommend and approve only education programs,
|
0005| mental health programs, drug or alcohol treatment programs, drug
|
0006| or alcohol counseling programs, or work programs.
|
0007| D. An inmate whose record of conduct shows that he has
|
0008| performed exceptionally meritorious service and whose record of
|
0009| conduct shows that he has otherwise faithfully observed the rules
|
0010| of the institution may be eligible for a lump sum meritorious
|
0011| deduction award, not to exceed one year per award and not to
|
0012| exceed a total of one year for all lump sum meritorious deduction
|
0013| awards awarded in any consecutive twelve-month period, which may
|
0014| be deducted from the length of the sentence then remaining
|
0015| unserved. Exceptionally meritorious service shall include heroic
|
0016| acts of saving life or property, but shall not include acts in
|
0017| performance of normal work duties or program assignments. The
|
0018| classification committee and the warden may recommend the number
|
0019| of days to be awarded in each case based upon the particular
|
0020| merits, but any award shall be determined by the director of adult
|
0021| institutions. Allowance for exceptionally meritorious service
|
0022| shall be in addition to the meritorious deductions provided for in
|
0023| Subsections A and B of this section, and in the event two or more
|
0024| consecutive sentences are being served, the aggregate of the sev-
|
0025|
|
0001| eral sentences shall be the basis upon which the deduction shall
|
0002| be computed.
|
0003| E. The meritorious deductions provided for in
|
0004| Subsections A and B of this section shall pertain to both the
|
0005| basic sentence to be served and any enhanced term of imprisonment
|
0006| pursuant to the provisions of the Criminal Sentencing Act.
|
0007| Meritorious deductions of up to ninety days per occurrence shall
|
0008| be permanently forfeited upon recommendation of the classification
|
0009| committee and approval of the warden if the inmate does not
|
0010| properly maintain the standard upon which the award was based.
|
0011| For those inmates, permanent forfeitures in excess of ninety days
|
0012| may be made upon approval of the director of adult institutions.
|
0013| No inmate shall forfeit more than fifty percent of his meritorious
|
0014| deductions accrued during the previous twelve months; and after
|
0015| forfeiture of any portion of an inmate's accrued meritorious
|
0016| deductions, the remainder shall vest and shall not be subject to
|
0017| further forfeiture. Notwithstanding any other provisions of this
|
0018| act, an inmate may forfeit up to one hundred percent of all
|
0019| accrued meritorious deductions if he commits any of the following:
|
0020| (1) an act of actual personal violence, as defined
|
0021| by the corrections department against:
|
0022| (a) another inmate;
|
0023| (b) corrections department personnel;
|
0024| (c) an employee of a contractor operating on
|
0025| behalf of the corrections department; or
|
0001| (d) any other person lawfully on the premises
|
0002| of a corrections department facility or other facility where
|
0003| department inmates are housed;
|
0004| (2) one positive drug test while incarcerated;
|
0005| (3) escape; or
|
0006| (4) any felonious act.
|
0007| F. An inmate is not eligible to earn meritorious
|
0008| deductions if he:
|
0009| (1) disobeys an order to perform labor, pursuant to
|
0010| Section 33-8-4 NMSA 1978;
|
0011| (2) is in disciplinary segregation;
|
0012| (3) is not actively participating in a program
|
0013| recommended and approved for him by the classification committee;
|
0014| or
|
0015| (4) is within the first thirty days' receipt by the
|
0016| corrections department and his record from the county jail
|
0017| reflects that he has committed misconduct in the county jail that
|
0018| in the professional judgment of the corrections department should
|
0019| result in a delay of thirty days to begin earning meritorious
|
0020| deductions.
|
0021| G. The provisions of this section shall not be
|
0022| interpreted as providing eligibility to earn meritorious
|
0023| deductions to an inmate during the initial thirty years of a
|
0024| sentence imposed pursuant to the provisions of:
|
0025| (1) Subsection A of Section 30-2-1 NMSA 1978;
|
0001| (2) Section 31-18-23 NMSA 1978; or
|
0002| (3) Section 31-18-25 NMSA 1978.
|
0003| H. The corrections department shall promulgate rules and
|
0004| regulations to implement the provisions of this section, and the
|
0005| rules and regulations shall be matters of public record. A
|
0006| concise summary of the rules and regulations shall be provided to
|
0007| every inmate and every inmate shall receive a quarterly statement
|
0008| of the meritorious deductions he has earned.
|
0009| I. A New Mexico inmate confined in a federal or
|
0010| out-of-state correctional facility is eligible to earn meritorious
|
0011| deductions in the same manner as an inmate imprisoned in a state-
|
0012| run correctional facility on the basis of his inmate conduct
|
0013| reports furnished by those facilities to the corrections
|
0014| department, subject to approval by the corrections department.
|
0015| J. An inmate imprisoned in a correctional facility that
|
0016| is operated by a public entity or a private company, pursuant to a
|
0017| contract with the corrections department, is eligible to earn
|
0018| meritorious deductions in the same manner as an inmate imprisoned
|
0019| in a state-run correctional facility, subject to approval by the
|
0020| corrections department.
|
0021| K. As used in this section:
|
0022| (1) "great bodily harm" means an injury to the
|
0023| person that creates a high probability of death; or that causes
|
0024| serious disfigurement; or that results in permanent loss or
|
0025| impairment of the function of any member or organ of the body;
|
0001| (2) "nonviolent offense" means any felony offense
|
0002| other than a violent offense or any misdemeanor offense; and
|
0003| (3) "violent offense" means:
|
0004| (a) second degree murder, as provided in
|
0005| Section 30-2-1 NMSA 1978;
|
0006| (b) voluntary manslaughter, as provided in
|
0007| Section 30-2-3 NMSA 1978;
|
0008| (c) assault with intent to commit a violent
|
0009| felony, as provided in Section 30-3-3 NMSA 1978, which results in
|
0010| great bodily harm;
|
0011| (d) criminal sexual penetration, as provided in
|
0012| Section 30-9-11 NMSA 1978; and
|
0013| (e) robbery, as provided in Section
|
0014| 30-16-2 NMSA 1978, which results in great bodily harm."
|
0015| Section 7. Section 33-2-36 NMSA 1978 (being Laws 1988,
|
0016| Chapter 78, Section 6) is amended to read:
|
0017| "33-2-36. FORFEITURE OF EARNED MERITORIOUS DEDUCTIONS. -
|
0018|
|
0019| [Any accrued deductions may be forfeited by the convict]
|
0020| A. Meritorious deductions earned by an inmate may be
|
0021| forfeited by that inmate for any major conduct violation upon the
|
0022| recommendation of the classification committee, approval by the
|
0023| warden and final approval by the secretary of corrections.
|
0024| B. The provisions of this section also apply to
|
0025| forfeiture of earned meritorious deductions for an inmate
|
0001| imprisoned in a correctional facility operated by a public entity
|
0002| or a private company, pursuant to a contract with the corrections
|
0003| department."
|
0004| Section 8. Section 33-2-37 NMSA 1978 (being Laws 1988,
|
0005| Chapter 78, Section 7) is amended to read:
|
0006| "33-2-37. RESTORATION OF FORFEITED MERITORIOUS
|
0007| DEDUCTIONS.--
|
0008| A. Meritorious deductions forfeited under Section
|
0009| 33-2-36 NMSA 1978 may be restored in whole or in part to [any
|
prisoner] an inmate who is exemplary in conduct and work
|
0011| performance for a period of not less than six months following the
|
0012| date of forfeiture. Meritorious deductions may be restored upon
|
0013| recommendation of the classification committee, approval by the
|
0014| warden and final approval by the secretary of corrections.
|
0015| B. The provisions of this section also apply to
|
0016| restoration of earned meritorious deductions for an inmate
|
0017| imprisoned in a correctional facility operated by a public entity
|
0018| or a private company, pursuant to a contract with the corrections
|
0019| department."
|
0020| Section 9. Section 33-2-38 NMSA 1978 (being Laws 1889,
|
0021| Chapter 76, Section 13, as amended) is amended to read:
|
0022| "33-2-38. COMPUTATION OF TERM. [Sec. 54. No convict
|
shall] An inmate shall not be discharged from the penitentiary
|
0024| of New Mexico or other correctional facility until he has
|
0025| [remained] served the full term for which he was sentenced.
|
0001| [to] The term shall be computed from and [including]
|
0002| include the day on which his sentence took effect and
|
0003| [excluding] shall exclude any time the [convict] inmate
|
0004| may have been at large by reason of escape [therefrom], unless
|
0005| he [may be] is pardoned or otherwise released by legal
|
0006| authority. [Provided that nothing in] The provisions of this
|
0007| section shall [be so construed as] not be interpreted to
|
0008| deprive [any convict] an inmate of any reduction of time to
|
0009| which he may be entitled [to under 5070] pursuant to the
|
0010| provisions of Section 33-2-34 NMSA 1978."
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0011| Section 10. Section 33-8-2 NMSA 1978 (being Laws 1981,
|
0012| Chapter 127, Section 2, as amended) is amended to read:
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0013| "33-8-2. DEFINITIONS.--As used in the Corrections Industries
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0014| Act:
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0015| A. "commission" means the [corrections commission]
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0016| secretary of corrections;
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0017| B. "department" means the corrections department;
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0018| C. "enterprise" means a manufacturing, agricultural or
|
0019| service operation or group of closely related operations within
|
0020| the bounds of a facility but does not include standard facility
|
0021| maintenance activities and services;
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0022| D. "facility" means any place under the jurisdiction of
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0023| the department at which individuals are confined pursuant to court
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0024| order;
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0025| E. "fund" means the corrections industries revolving
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0001| fund;
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0002| F. "local public body" means all political subdivisions
|
0003| of the state and their agencies, instrumentalities and
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0004| institutions supported wholly or in part by funds derived from
|
0005| public taxation; and
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0006| G. "state agency" means the state or any of its
|
0007| branches, agencies, departments, boards, instrumentalities or
|
0008| institutions supported wholly or in part by funds derived from
|
0009| public taxation."
|
0010| Section 11. [NEW MATERIAL] SHORT TITLE.--Sections 11
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0011| through 17 of this act may be cited as the "Corrections Population
|
0012| Control Act".
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0013| Section 12. [NEW MATERIAL] FINDINGS--PURPOSE.--
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0014| A. The legislature finds that:
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0015| (1) for many years, the state of New Mexico has
|
0016| experienced difficulty in managing the size of its inmate
|
0017| population. Often, the number of beds has been insufficient to
|
0018| accommodate the inmate population committed or detained in
|
0019| correctional facilities;
|
0020| (2) an overcrowded inmate population was a major
|
0021| cause of the disturbance that erupted at the penitentiary of New
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0022| Mexico in 1980. Moreover, problems caused by overcrowding remain
|
0023| at the center of the ongoing federal litigation involving the
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0024| corrections department;
|
0025| (3) a permanent solution to the overcrowded inmate
|
0001| population must be established to ensure that the corrections
|
0002| department is able to effectively operate its facilities, to
|
0003| mitigate public safety concerns and to reduce the likelihood of
|
0004| future litigation;
|
0005| (4) although the corrections department is
|
0006| responsible for the operation of correctional facilities, it
|
0007| cannot resolve the problem of overcrowding by itself. The
|
0008| department has no control over the admission of inmates into its
|
0009| facilities and has only limited control over the release of
|
0010| inmates from its facilities; and
|
0011| (5) a permanent solution to the overcrowded inmate
|
0012| population requires participation, commitment and cooperation by
|
0013| the legislative, judicial and executive branches of government and
|
0014| all criminal justice agencies.
|
0015| B. The purpose of the Corrections Population Control Act
|
0016| is to establish a corrections population control commission that
|
0017| shall operate as an autonomous, nonpartisan body. The commission
|
0018| shall develop and implement mechanisms to prevent the inmate
|
0019| population from exceeding the rated capacity of correctional
|
0020| facilities and shall take appropriate action when necessary to
|
0021| effect the reduction of the inmate population.
|
0022| Section 13. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0023| Corrections Population Control Act:
|
0024| A. "commission" means the corrections population
|
0025| control commission;
|
0001| B. "female prison facility" means any female prison
|
0002| facility so designated by the corrections department;
|
0003| C. "male prison facilities" means:
|
0004| (1) the penitentiary of New Mexico, located in
|
0005| Santa Fe;
|
0006| (2) the central New Mexico correctional facility,
|
0007| located in Los Lunas;
|
0008| (3) the Los Lunas correctional facility, located in
|
0009| Los Lunas;
|
0010| (4) the southern New Mexico correctional facility,
|
0011| located in Las Cruces;
|
0012| (5) the western New Mexico correctional facility,
|
0013| located in Grants;
|
0014| (6) the Roswell correctional facility, located in
|
0015| Hagerman; and
|
0016| (7) any other male prison facilities so designated
|
0017| by the corrections department;
|
0018| D. "nonviolent offender" means:
|
0019| (1) a person not convicted of the following violent
|
0020| offenses:
|
0021| (a) murder in the first degree or murder in the
|
0022| second degree pursuant to the provisions of Section 30-2-1 NMSA
|
0023| 1978;
|
0024| (b) aggravated assault, pursuant to the
|
0025| provisions of Section 30-3-2 NMSA 1978;
|
0001| (c) aggravated battery, pursuant to the
|
0002| provisions of Subsection C of Section 30-3-5 NMSA 1978;
|
0003| (d) kidnapping, pursuant to the provisions of
|
0004| Section 30-4-1 NMSA 1978;
|
0005| (e) abuse of a child, pursuant to the
|
0006| provisions of Subsection C of Section 30-6-1 NMSA 1978;
|
0007| (f) criminal sexual penetration, pursuant to
|
0008| the provisions of Section 30-9-11 NMSA 1978;
|
0009| (g) robbery while armed with a deadly weapon,
|
0010| pursuant to the provisions of Section 30-16-2 NMSA 1978;
|
0011| (h) use of a firearm during the commission of a
|
0012| noncapital felony, pursuant to the provisions of Section 31-18-16
|
0013| NMSA 1978;
|
0014| (i) intentional injury to a person sixty years
|
0015| of age or older or to a handicapped person during the commission
|
0016| of a noncapital felony, pursuant to the provisions of Section 31-
|
0017| 18-16.1 NMSA 1978;
|
0018| (j) commission of three violent felonies,
|
0019| pursuant to the provisions of Sections 31-18-23 and 31-18-24 NMSA
|
0020| 1978; or
|
0021| (k) commission of two violent sex offenses,
|
0022| pursuant to the provisions of Sections 31-18-25 and 31-18-26 NMSA
|
0023| 1978;
|
0024| (2) a person not convicted of a violent felony, as
|
0025| enumerated in Paragraph (1) of this subsection, from another
|
0001| state, federal jurisdiction or foreign country within the last ten
|
0002| years;
|
0003| (3) a person not serving a sentence of life
|
0004| imprisonment or a single or combined sentence of more than twenty
|
0005| years involving physical injury, physical violence or great bodily
|
0006| harm or a substantial threat or risk of physical injury, physical
|
0007| violence or great bodily harm to another person to be determined
|
0008| by the commission; or
|
0009| (4) a person not classified as a maximum security
|
0010| inmate;
|
0011| E. "prisoner" refers to nonviolent offenders; and
|
0012| F. "rated capacity" means the actual general population
|
0013| bed space, including only individual cells and areas designed for
|
0014| the long-term housing of inmates, available in the female prison
|
0015| facility or male prison facilities as certified by the secretary
|
0016| of corrections and subject to applicable state and federal law.
|
0017| Section 14. [NEW MATERIAL] COMMISSION--CREATION--
|
0018| MEMBERSHIP.--
|
0019| A. There is created the "corrections population control
|
0020| commission".
|
0021| B. The commission shall be appointed for two-year terms
|
0022| and shall be composed of:
|
0023| (1) the secretary of corrections, who shall serve
|
0024| as chairman;
|
0025| (2) a member appointed by the New Mexico supreme
|
0001| court;
|
0002| (3) a member appointed by the speaker of the house
|
0003| of representatives;
|
0004| (4) a member appointed by the president pro tempore
|
0005| of the senate;
|
0006| (5) a member appointed by the minority leader of
|
0007| the house of representatives;
|
0008| (6) a member appointed by the minority leader of
|
0009| the senate; and
|
0010| (7) a member appointed by the governor.
|
0011| C. A majority of the members of the commission
|
0012| constitutes a quorum for the transaction of commission business.
|
0013| D. The members of the commission shall be paid pursuant
|
0014| to the provisions of the Per Diem and Mileage Act and shall
|
0015| receive no other perquisite, compensation or allowance.
|
0016| Section 15. [NEW MATERIAL] COMMISSION--DUTIES--ANNUAL
|
0017| REPORT.--
|
0018| A. The commission shall study, develop and recommend
|
0019| policies and mechanisms designed to manage the growth of the
|
0020| inmate population by:
|
0021| (1) reviewing corrections department models to
|
0022| forecast projected growth in the inmate population;
|
0023| (2) providing information concerning impacts on the
|
0024| inmate population caused by changes in sentencing policies and law
|
0025| enforcement policies;
|
0001| (3) analyzing the need for future construction of
|
0002| additional correctional facilities;
|
0003| (4) if necessary, preparing proposed legislation to
|
0004| further implementation of its policy recommendations; and
|
0005| (5) considering all of its recommendations in light
|
0006| of public safety concerns.
|
0007| B. The provisions of Subsection A of Section 33-2-34
|
0008| NMSA 1978 shall take effect upon certification by the commission
|
0009| that an adequate level of programming is offered by the
|
0010| corrections department to ensure that all inmates who want to earn
|
0011| meritorious deductions have an opportunity to do so. If the
|
0012| commission fails to certify an adequate level of programming, on a
|
0013| semiannual basis, for any reason, the provisions of Subsection B
|
0014| of Section 33-2-34 NMSA 1978 shall apply to all inmates.
|
0015| C. The commission shall submit an annual report of its
|
0016| activities and legislative proposals to the interim legislative
|
0017| committee with jurisdiction over corrections issues. The report
|
0018| shall be filed with the interim legislative committee no later
|
0019| than November 1 of each year.
|
0020| D. The commission staff support shall be provided by the
|
0021| corrections department.
|
0022| Section 16. [NEW MATERIAL] OVERCROWDING--POPULATION
|
0023| CONTROL MECHANISM--PROCEDURES.--
|
0024| A. When the inmate population of the corrections
|
0025| department facilities, exclusive of the inmate population housed
|
0001| in facilities used to relieve interim overcrowding, exceeds one
|
0002| hundred twelve percent of rated capacity on or before June 30,
|
0003| 1999 or one hundred percent of rated capacity after June 30, 1999,
|
0004| for a period of thirty consecutive days, the following measures
|
0005| shall be taken to reduce capacity:
|
0006| (1) the corrections department shall engage in all
|
0007| lawful and professionally appropriate efforts to reduce the prison
|
0008| population to one hundred twelve percent or one hundred percent of
|
0009| rated capacity as applicable, including in-state and out-of-state
|
0010| inmate transfers;
|
0011| (2) if prison population is still in excess of one
|
0012| hundred twelve percent or one hundred percent rated capacity as
|
0013| applicable after sixty consecutive days, the secretary of
|
0014| corrections shall notify the commission. Included in the
|
0015| notification shall be a list of prisoners who are within one
|
0016| hundred eighty days of their projected release date;
|
0017| (3) the commission shall convene within ten days to
|
0018| consider the release of prisoners on the list provided by the
|
0019| corrections department. The commission shall also discuss with
|
0020| the corrections department the impact on population of possible
|
0021| changes in the classification system and expanding incarceration
|
0022| alternatives. Victims of those prisoners shall receive
|
0023| appropriate notification that the prisoners may be released before
|
0024| sentence completion. If requested, the commission shall hear
|
0025| testimony or review the written statement of a victim or relative
|
0001| of a victim, as well as any public official who wishes to object
|
0002| to the release of a particular prisoner. For prisoners as to whom
|
0003| an objection is made, the commission shall deliberate on the
|
0004| release of the prisoner individually;
|
0005| (4) for prisoners approved by the commission for
|
0006| release, the commission shall grant emergency release credits in
|
0007| ten-day increments that will be applied to the sentence or
|
0008| sentences being served by the prisoners. The commission shall
|
0009| order release of the appropriate number of prisoners to reduce the
|
0010| prison population to the applicable rated capacity; and
|
0011| (5) notwithstanding any other provisions of this
|
0012| section, no prisoner shall be released:
|
0013| (a) unless the prisoner has a parole plan
|
0014| pursuant to applicable parole board regulations;
|
0015| (b) if the information concerning the prisoner
|
0016| is discovered to be materially inaccurate;
|
0017| (c) if the prisoner commits a crime while
|
0018| incarcerated or receives a disciplinary infraction;
|
0019| (d) if the prisoner fails a drug screening test
|
0020| within ten days of the scheduled release; or
|
0021| (e) if the effect of a prisoner release will
|
0022| result in the loss of federal funds to any agency of the state.
|
0023| B. If a bill is introduced during a legislative session
|
0024| that proposes to create a new criminal offense, proposes the
|
0025| imposition of mandatory sentencing or proposes an increase to an
|
0001| existing sentence, the corrections department shall provide the
|
0002| legislature with:
|
0003| (1) a fiscal impact report for a period five years
|
0004| into the future; and
|
0005| (2) a report regarding the increased number of
|
0006| prison beds that will be needed for a period five years into the
|
0007| future.
|
0008| Section 17. [NEW MATERIAL] TERMINATION OF AGENCY LIFE--
|
0009| TRANSFER OF FUNCTIONS.--The corrections population control
|
0010| commission is terminated on June 30, 2003. On July 1, 2003, the
|
0011| secretary of corrections shall assume the duties and
|
0012| responsibilities of the commission.
|
0013| Section 18. TEMPORARY PROVISION.--
|
0014| A. Effective immediately, the secretary of corrections
|
0015| shall implement those provisions of the Corrections Population
|
0016| Control Act that provide for the release of nonviolent offender
|
0017| prisoners within one hundred eighty days of projected release.
|
0018| This release authorization shall be implemented by the secretary
|
0019| of corrections without regard to the creation of the corrections
|
0020| population control commission provided for in the Corrections
|
0021| Population Control Act and without regard to the procedural time
|
0022| frames provided for in that act.
|
0023| B. The provisions of this section shall remain in effect
|
0024| until July 1, 1997.
|
0025| Section 19. REPEAL.--Section 33-8-14 NMSA 1978 (being Laws
|
0001| 1981, Chapter 127, Section 14) is repealed.
|
0002| Section 20. APPLICABILITY.--The provisions of Sections 6
|
0003| through 9 of this act apply to persons convicted of a criminal
|
0004| offense committed on or after July 1, 1997. As to persons
|
0005| convicted of a criminal offense committed prior to July 1, 1997,
|
0006| the laws with respect to the vesting of meritorious deductions in
|
0007| effect at the time the offense was committed shall apply.
|
0008| Section 21. EFFECTIVE DATE.--The effective date of the
|
0009| provisions of Sections 6 through 9 of this act is July 1, 1997.
|
0010| Section 22. EMERGENCY.--It is necessary for the public
|
0011| peace, health and safety that this act take effect immediately.
|
0012|
|