SENATE BILL 140

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Mary Kay Papen

AN ACT

RELATING TO CORRECTIONS; PROVIDING RESTRICTIONS ON THE USE OF ISOLATED CONFINEMENT; REQUIRING REPORTING; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Isolated Confinement Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Isolated Confinement Act:

          A. "correctional facility" means a jail, prison or other detention facility, whether operated by a government or private contractor, that is used for the confinement of adult or juvenile persons who are charged with or convicted of a violation of a law or ordinance;

          B. "inmate" means an adult or juvenile person who is under sentence to or confined in a correctional facility;

          C. "isolated confinement" means confinement of an inmate in a cell or similar living quarters in a correctional facility for twenty-two or more hours each day, which confinement severely restricts the inmate's activity, movement and social interaction, whether the confinement is instituted pursuant to disciplinary, administrative, inmate classification or other action; and

          D. "serious mental illness" means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality or ability to cope with the ordinary demands of life and includes having current symptoms or receiving current treatment for:

                (1) the following conditions that meet the diagnostic criteria published in the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, also known as DSM-V, published by the American psychiatric association:

                     (a) schizophrenia, and all subtypes of schizophrenia;

                     (b) delusional disorder;

                     (c) schizophreniform disorder;

                     (d) schizoaffective disorder;

                     (e) brief psychotic disorder;

                     (f) substance-induced psychotic disorder, excluding intoxication and withdrawal;

                     (g) psychotic disorder not otherwise specified;

                     (h) major depressive disorders; and

                     (i) bipolar disorder I and II;

                (2) diagnosis with a mental disorder that includes being actively suicidal;

                (3) diagnosis with a serious mental illness that is frequently characterized by breaks with reality or perceptions of reality that lead the person to significant functional impairment;

                (4) diagnosis with an organic brain syndrome that results in a significant functional impairment if not treated;

                (5) diagnosis with a severe personality disorder that is manifested by frequent episodes of psychosis or depression and that results in significant impairment; and

                (6) diagnosis with mental retardation with significant functional impairment.

     SECTION 3. [NEW MATERIAL] RESTRICTIONS ON THE USE OF ISOLATED CONFINEMENT.--

          A. Inmates who are younger than eighteen years of age shall not be placed in isolated confinement.

          B. Inmates who have a serious mental illness shall not be placed in isolated confinement.

     SECTION 4. [NEW MATERIAL] CORRECTIONAL FACILITIES--TRANSPARENCY AND REPORTING.--Beginning July 1, 2016 and every three months thereafter, every correctional facility shall submit to the county commission of the county in which the correctional facility is located and to the legislature a report that includes:

          A. the name and age of every inmate who was placed in isolated confinement during the previous three months, including every inmate who is in isolated confinement at the time the report is submitted;

          B. the reason isolated confinement was instituted for each inmate named in the report; and

          C. the number of days each inmate spent in isolated confinement during the previous three months.

     SECTION 5. [NEW MATERIAL] PRIVATE CORRECTIONAL FACILITIES--ANTICORRUPTION AND REPORTING.--Beginning July 1, 2016 and every three months thereafter, every private correctional facility shall submit to the county commission of the county in which the private correctional facility is located and to the legislature a report of all monetary settlements that were paid to inmates or former inmates as a result of lawsuits filed by the inmates or former inmates against the private correctional facility or its employees.

     SECTION 6. [NEW MATERIAL] REPORTS FILED WITH LEGISLATIVE LIBRARY.--On the date that a report is submitted pursuant to Sections 4 and 5 of the Isolated Confinement Act, a copy of the report shall be submitted to the legislative council service library.

     SECTION 7. APPROPRIATION.--

          A. Twenty-five thousand dollars ($25,000) is appropriated from the general fund to the corrections department for expenditure in fiscal year 2017 for preparation of reports required pursuant to the Isolated Confinement Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2017 shall revert to the general fund.

          B. Seventy-five thousand dollars ($75,000) is appropriated from the general fund to the local government division of the department of finance and administration for expenditure in fiscal year 2017 for preparation of reports required pursuant to the Isolated Confinement Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2017 shall revert to the general fund.

     SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.

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