0001| SENATE BILL 789 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| LEONARD TSOSIE | 0005| | 0006| | 0007| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE AND | 0008| THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO CORRECTIONS; PROVIDING FOR JAIL STANDARDS AND | 0012| CERTIFICATION FOR ADULT JAILS; PROVIDING FOR JAILER TRAINING | 0013| AND TECHNICAL ASSISTANCE; CREATING A FUND; REPEALING AND | 0014| ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 33-3-4 NMSA 1978 (being Laws 1865- | 0018| 1866, Chapter 19, Section 3, as amended) is repealed and a new | 0019| Section 33-3-4 NMSA 1978 is enacted to read: | 0020| "33-3-4. [NEW MATERIAL] JAIL STANDARDS--CERTIFICATION- | 0021| -TRAINING--TECHNICAL ASSISTANCE.-- | 0022| A. The local government division of the department | 0023| of finance and administration shall develop jail standards and | 0024| jailer training curricula and implement a certification process | 0025| for all adult jails in New Mexico. Jail standards shall | 0001| include standards for site, design, construction, equipment, | 0002| care, programs, personnel and clinical services. Jailer | 0003| training curricula shall include training jail personnel to use | 0004| standardized screening criteria during intake of prisoners to | 0005| identify persons with mental illness or developmental | 0006| disabilities or persons who pose a suicide risk. The division | 0007| shall review and may adopt or modify jail standards and | 0008| training curricula developed by the New Mexico detention | 0009| affiliate of the New Mexico association of counties. | 0010| B. Except as provided in Subsection D of this | 0011| section, no jail shall be certified by the division until it | 0012| has passed an inspection performed or approved by the division. | 0013| C. The division may deny, suspend, revoke or refuse | 0014| to renew certification of a jail if the jail does not meet the | 0015| jail standards or does not qualify for a waiver as provided in | 0016| Subsection D of this section. | 0017| D. The division may establish by regulation | 0018| appropriate procedures for provisional certification and the | 0019| waiving of any of its standards for jails in existence at the | 0020| time of the adoption of the standards, except that it shall not | 0021| allow waiver of any standard pertaining to adequate health and | 0022| safety of the inmates and staff of a jail. | 0023| E. The division shall provide technical assistance | 0024| to jails and local governments on jail standards, training | 0025| curricula and other matters related to certification of jails. | 0001| F. The division may contract for inspection and | 0002| certification of jails and for the provision of technical | 0003| assistance. Local governments shall pay the cost of | 0004| inspection, certification and technical assistance, which | 0005| payments shall be deposited in the jail certification fund. | 0006| G. The division may accept grants, gifts and | 0007| donations from public or private sources to carry out the | 0008| provisions of this section." | 0009| Section 2. [NEW MATERIAL] JAIL CERTIFICATION FUND-- | 0010| CREATED--APPROPRIATION.--The "jail certification fund" is | 0011| created in the state treasury. The fund consists of | 0012| appropriations, grants, donations and payments by local | 0013| governments for inspection and certification of jails and the | 0014| provision of technical assistance. The local government | 0015| division shall administer the fund. Money in the fund is | 0016| appropriated to the division to carry out the provisions of | 0017| Section 33-3-4 NMSA 1978. Money in the fund shall not revert | 0018| to the general fund at the end of any fiscal year. | 0019| Section 3. EFFECTIVE DATE.--The effective date of the | 0020| provisions of this act is July 1, 1997. | 0021| | 0022| | 0023| FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION, 1997 | 0025| | 0001| | 0002| March 3, 1997 | 0003| | 0004| Mr. President: | 0005| | 0006| Your JUDICIARY COMMITTEE, to whom has been referred | 0007| | 0008| SENATE BILL 789 | 0009| | 0010| has had it under consideration and reports same with | 0011| recommendation that it DO NOT PASS, but that | 0012| | 0013| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0014| SENATE BILL 789 | 0015| | 0016| DO PASS, and thence referred to the FINANCE COMMITTEE. | 0017| | 0018| Respectfully submitted, | 0019| | 0020| | 0021| | 0022| __________________________________ | 0023| Fernando R. Macias, Chairman | 0024| | 0025| | 0001| Adopted_______________________ Not Adopted_______________________ | 0002| (Chief Clerk) (Chief Clerk) | 0003| | 0004| Date ________________________ | 0005| | 0006| | 0007| The roll call vote was 8 For 0 Against | 0008| Yes: 8 | 0009| No: None | 0010| Excused: 0 | 0011| Absent: None | 0012| | 0013| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0014| SENATE BILL 789 | 0015| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| AN ACT | 0024| RELATING TO CORRECTIONS; PROVIDING FOR DETENTION STANDARDS; | 0025| PROVIDING FOR TECHNICAL ASSISTANCE; CREATING A FUND; AMENDING | 0001| AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN | 0002| APPROPRIATION. | 0003| | 0004| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0005| Section 1. Section 33-3-4 NMSA 1978 (being Laws 1865- | 0006| 1866, Chapter 19, Section 3, as amended) is amended to read: | 0007| "33-3-4. INSPECTION OF JAILS BY APPROPRIATE GOVERNING | 0008| BODY--REPORT TO DISTRICT COURT--DETENTION STANDARDS--TRAINING-- | 0009| TECHNICAL ASSISTANCE.-- | 0010| A. The governing bodies of the several counties or | 0011| municipalities of this state shall be the inspectors of the | 0012| jails in their respective counties and shall visit ~~[them]~~ | 0013| the jails at least twice a year and shall carefully examine | 0014| the condition of each cell as to cleanliness and discipline | 0015| ~~[and]~~. The sheriff, jail administrator as defined in | 0016| Section 4-44-19 NMSA 1978 or independent contractor shall lay | 0017| before ~~[them]~~ the governing body a list of the names, ages | 0018| and ~~[the]~~ cause of imprisonment of each person, and it | 0019| ~~[shall be]~~ is the duty of the governing body to report to | 0020| the district court at each term of ~~[said]~~ that court held | 0021| in each county ~~[and]~~. Should it appear from the ~~[same]~~ | 0022| report that any of the provisions of law have been violated | 0023| or broken, the judge of the district court shall order the | 0024| district attorney to commence suit against the sheriff, jail | 0025| administrator or independent contractor for the violation and | 0001| failure in the discharge of duty. | 0002| B. The mental health division of the department of | 0003| health shall develop detention standards and training curricula | 0004| regarding the use of standardized screening criteria during | 0005| intake of detainees to identify persons with mental illness or | 0006| developmental disabilities or persons who pose a suicide risk. | 0007| The mental health division shall review and may adopt or modify | 0008| detention standards and training curricula developed by the New | 0009| Mexico detention affiliate of the New Mexico association of | 0010| counties. | 0011| C. Upon request, the mental health division of the | 0012| department of health shall provide technical assistance to | 0013| local government detention facilities on detention standards, | 0014| training curricula and other matters related to the use of | 0015| standardized screening criteria during intake of detainees. | 0016| Local governments shall pay the cost of technical assistance | 0017| provided by the mental health division, which payments shall be | 0018| deposited in the detention certification fund. | 0019| D. The division may accept grants, gifts and donations | 0020| from public or private sources to carry out the provisions of this | 0021| section." | 0022| Section 2. [NEW MATERIAL] DETENTION CERTIFICATION FUND-- | 0023| CREATED--APPROPRIATION.--The "detention certification fund" is | 0024| created in the state treasury. The fund shall consist of | 0025| appropriations, grants, donations and payments by local | 0001| governments for the provision of technical assistance. The mental | 0002| health division of the department of health shall administer the | 0003| fund. Money in the fund is appropriated to the division to carry | 0004| out the provisions of Section 33-3-4 NMSA 1978. Money in the fund | 0005| shall not revert to the general fund at the end of any fiscal | 0006| year. | 0007| Section 3. EFFECTIVE DATE.--The effective date of the | 0008| provisions of this act is July 1, 1997. | 0009| | 0010| | 0011| FORTY-THIRD LEGISLATURE | 0012| FIRST SESSION, 1997 | 0013| | 0014| | 0015| March 14, 1997 | 0016| | 0017| Mr. President: | 0018| | 0019| Your FINANCE COMMITTEE, to whom has been referred | 0020| | 0021| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0022| SENATE BILL 789 | 0023| | 0024| has had it under consideration and reports same with recommendation | 0025| that it DO PASS. | 0001| | 0002| Respectfully submitted, | 0003| | 0004| | 0005| | 0006| __________________________________ | 0007| Ben D. Altamirano, Chairman | 0008| | 0009| | 0010| | 0011| Adopted_______________________ Not Adopted_______________________ | 0012| (Chief Clerk) (Chief Clerk) | 0013| | 0014| | 0015| | 0016| Date ________________________ | 0017| | 0018| | 0019| The roll call vote was 6 For 0 Against | 0020| Yes: 6 | 0021| No: None | 0022| Excused: Aragon, Altamirano, Carraro, Ingle, Lyons | 0023| Absent: None | 0024| | 0025| | 0001| S0789FC1 |