SENATE BILL 517

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Richard C. Martinez

FOR THE CORRECTIONS OVERSIGHT, COURTS AND JUSTICE COMMITTEE

AN ACT

RELATING TO COUNTIES; ENACTING THE COUNTY DETENTION FACILITY REFORM ACT; PROVIDING REIMBURSEMENT TO COUNTIES; CREATING THE COUNTY DETENTION FACILITY REFORM FUND; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

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

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

          A. "ancillary services" means:

                (1) medical services, treatment or care;

                (2) prescription drug services;

                (3) dental services;

                (4) mental health services, treatment or care;

                (5) vision treatment or care;

                (6) ambulatory services; and

                (7) transportation services;

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

          C. "department" means the corrections department;

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

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

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

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

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

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

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

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

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

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

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

          A. The "county detention facility reform fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations, federal funds available for the purposes of the fund and earnings from the investment of the fund. The department shall administer the fund, and the money in the fund is appropriated to the department to reimburse boards of county commissioners as provided in the County Detention Facility Reform Act. Money from the fund shall not be used by the department for administration.

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

     Section 6. APPROPRIATION.--

          A. Eighteen million eight hundred thirty-five thousand thirty-one dollars ($18,835,031) is appropriated from the general fund to the county detention facility reform fund for expenditure in fiscal year 2006 and subsequent fiscal years for the following purposes in the following amounts:

                (1) two million one hundred eighty-one thousand two hundred thirty-one dollars ($2,181,231) for the incarceration of probation and parole violators sentenced to detention facilities;

                (2) four million four hundred thirty-three thousand four hundred thirteen dollars ($4,433,413) for the incarceration of state prisoners sentenced to detention facilities;

                (3) two million one hundred ninety-four thousand six hundred seventy-one dollars ($2,194,671) for the incarceration of state prisoners sentenced to prison and awaiting transport; and

                (4) ten million twenty-five thousand seven hundred sixteen dollars ($10,025,716) for the incarceration of unsentenced probation and parole violators.

          B. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     Section 7. REPEAL.--Section 33-3-3 NMSA 1978 (being Laws 1865-1866, Chapter 19, Section 2, as amended) is repealed.

     Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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