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