HOUSE BILL 626

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Angelica Rubio and Daymon Ely and Raymundo Lara

AN ACT

RELATING TO DETENTION; PROHIBITING CERTAIN CONTRACTS; RESTRICTING AUTHORITY OF SHERIFFS AND JAILS TO HOLD DETAINEES; REPEALING A REFERENCE IN STATE LAW TO A REPEALED FEDERAL LAW; DECLARING AN EMERGENCY.

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

     SECTION 1. [NEW MATERIAL] PRIVATE CONTRACTS PROHIBITED.--

          A. Except as provided in Section 33-3-16 NMSA 1978 and Subsections C and D of this section, neither the state nor a political subdivision of the state or its agencies or instrumentalities, including home rule municipalities, shall contract with a detention facility involved in:

                (1) the separation of a refugee child from the child's parent or guardian without a finding by a district court that the parent or guardian is unfit or presents a danger to the child, or a judicial determination of probable cause to believe that the child committed an offense contrary to law;

                (2) the detention of a refugee child that fails to meet the basic needs of the child, including:

                     (a) a well-maintained facility with access to reasonable amenities and that adequately provides for the health, safety and well-being of the child; and

                     (b) visitation with family members; or

                (3) a separation or detention that results in great bodily harm to or the death of a refugee child as a result of intentional harm or negligent care.

          B. The children, youth and families department shall promulgate rules defining the standards provided in Paragraph (2) of Subsection A of this section.

          C. The state, a political subdivision of the state or its agencies or instrumentalities, including home rule municipalities, may contract with any detention facility, including one that was in violation of Subsection A of this section, if the detention facility:

                (1) shows it has not violated Subsection A of this section for the previous three months;

                (2) agrees in writing that any violation of Subsection A of this section is grounds for termination of the contract, leaving the state or the state agency or instrumentality immune from liability; and

                (3) maintains policies consistent with the rules promulgated by the children, youth and families department pursuant to Subsection B of this section.

          D. Nothing in this section shall be deemed to terminate an existing contract between the state, a political subdivision of the state or its agencies or instrumentalities, including home rule municipalities.

          E. As used in this section:

                (1) "detention facility" means any building or structure that houses detained refugees, including a federal or state prison, a private prison, a county or municipal jail or any detention facility whether government- or privately operated;

                (2) "family member" includes:

                     (a) a parent, stepparent, foster parent or the domestic partner of a parent, stepparent or foster parent;

                     (b) a grandparent;

                     (c) a sibling, a stepsibling or a foster sibling;

                     (d) a first cousin;

                     (e) an aunt or an uncle; and

                     (f) any other person who financially supports the child refugee; and

                (3) "refugee" means a displaced person who has crossed national boundaries and who has applied, is applying or intends to apply for asylum status.

     SECTION 2. Section 33-3-16 NMSA 1978 (being Laws 1865-1866, Chapter 19, Section 15, as amended) is amended to read:

     "33-3-16. UNITED STATES PRISONERS.--[It shall be the duty of] The sheriff of each county [his] or the sheriff's deputy, the jailer, the jail administrator as defined in Section

4-44-19 NMSA 1978 or the independent contractor to whom any person [shall be] is remitted in conformity with a [legal process issued by or under the authority of the United States, and he is hereby required, to] warrant or order issued by a United States district judge in a criminal proceeding may receive such person [or persons] into [his] custody and keep [them] the person safely until [they shall be] the person is placed at liberty according to the laws of the United States [provided that]. The United States shall be responsible for the payment of the fee [which] that shall be established from time to time by the sheriff or the sheriff's deputy, the jailer, the jail administrator or the independent contractor in charge of the operation of a jail."

     SECTION 3. REPEAL.--Section 29-1-10 NMSA 1978 (being Laws 1966, Chapter 24, Section 1) is repealed.  

     SECTION 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.