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