0001| SENATE BILL 1161
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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| BEN D. ALTAMIRANO
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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| AN ACT
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0011| RELATING TO CORRECTIONS; REQUIRING THE CORRECTIONS DEPARTMENT
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0012| TO CONTRACT WITH LEA COUNTY, GUADALUPE COUNTY AND CIBOLA COUNTY
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0013| TO HOUSE INMATES IN COUNTY CORRECTIONAL FACILITIES; AUTHORIZING
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0014| LOCAL PUBLIC BODIES TO CONTRACT WITH INDEPENDENT CONTRACTORS
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0015| FOR THE OPERATION OR PROVISION AND OPERATION OF CORRECTIONAL
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0016| FACILITIES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978;
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0017| DECLARING AN EMERGENCY.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. [NEW MATERIAL] LEGISLATIVE FINDINGS--
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0021| PURPOSE.--The legislature finds that existing state
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0022| correctional facilities are significantly overcrowded and
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0023| insufficient to meet the anticipated growth in the number of
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0024| inmates that will need to be housed in such facilities. The
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0025| legislature further finds that this is not simply a future need
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0001| but an emergency that must be addressed immediately. To meet
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0002| this emergency, this act requires that the corrections
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0003| department contract with counties for the provision of beds in
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0004| existing correctional facilities as well as in new county
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0005| correctional facilities to meet the urgent need to house a
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0006| large number of adult inmates now and in the near future in
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0007| secure and appropriate facilities. Section 2. Section 4-62-
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0008| 1 NMSA 1978 (being Laws 1992, Chapter 95, Section 1, as
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0009| amended) is amended to read:
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0010| "4-62-1. REVENUE BONDS--AUTHORITY TO ISSUE--PLEDGE OF
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0011| REVENUES--LIMITATION ON TIME OF ISSUANCE.--
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0012| A. In addition to any other law authorizing a
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0013| county to issue revenue bonds, a county may issue revenue bonds
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0014| pursuant to Chapter 4, Article 62 NMSA 1978 for the purposes
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0015| specified in this section. The term "pledged revenues", as
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0016| used in Chapter 4, Article 62 NMSA 1978, means the revenues,
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0017| net income or net revenues authorized to be pledged to the
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0018| payment of particular revenue bonds as specifically provided in
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0019| Subsections B through I of this section.
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0020| B. Gross receipts tax revenue bonds may be issued
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0021| for any one or more of the following purposes:
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0022| (1) constructing, purchasing, furnishing,
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0023| equipping, rehabilitating, making additions to or making
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0024| improvements to one or more public buildings or purchasing or
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0025| improving any ground relating thereto, including [but not
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necessarily limited to] acquiring and improving parking lots,
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0002| or any combination of the foregoing;
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0003| (2) acquiring or improving county or public
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0004| parking lots, structures or facilities or any combination of
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0005| the foregoing;
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0006| (3) purchasing, acquiring or rehabilitating
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0007| firefighting equipment or any combination of the foregoing;
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0008| (4) acquiring, extending, enlarging,
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0009| bettering, repairing, otherwise improving or maintaining storm
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0010| sewers and other drainage improvements, sewers, sewage
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0011| treatment plants or water utilities, including but not limited
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0012| to the acquisition of rights of way and water and water rights,
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0013| or any combination of the foregoing;
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0014| (5) reconstructing, resurfacing, maintaining,
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0015| repairing or otherwise improving existing alleys, streets,
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0016| roads or bridges or any combination of the foregoing or laying
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0017| off, opening, constructing or otherwise acquiring new alleys,
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0018| streets, roads or bridges or any combination of the foregoing;
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0019| provided that any of the foregoing improvements may include but
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0020| are not limited to the acquisition of rights of way;
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0021| (6) purchasing, acquiring, constructing,
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0022| making additions to, enlarging, bettering, extending or
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0023| equipping [any] airport facilities or any combination of the
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0024| foregoing, including without limitation the acquisition of
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0025| land, easements or rights of way;
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0001| (7) purchasing or otherwise acquiring or
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0002| clearing land or purchasing, otherwise acquiring and
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0003| beautifying land for open space;
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0004| (8) acquiring, constructing, purchasing,
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0005| equipping, furnishing, making additions to, renovating,
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0006| rehabilitating, beautifying or otherwise improving public
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0007| parks, public recreational buildings or other public
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0008| recreational facilities or any combination of the foregoing; or
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0009| (9) acquiring, constructing, extending,
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0010| enlarging, bettering, repairing or otherwise improving or
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0011| maintaining solid waste disposal equipment, equipment for
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0012| operation and maintenance of sanitary landfills, sanitary
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0013| landfills, solid waste facilities or any combination of the
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0014| foregoing.
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0015| A county may pledge irrevocably any or all of the revenue
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0016| from the first one-eighth of one percent increment of the
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0017| county gross receipts tax for payment of principal and interest
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0018| due in connection with, and other expenses related to, gross
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0019| receipts tax revenue bonds for any of the purposes authorized
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0020| in this section or specific purposes or for any area of county
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0021| government services. If the county gross receipts tax revenue
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0022| from the first one-eighth of one percent increment of the
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0023| county gross receipts tax is pledged for payment of principal
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0024| and interest as authorized by this subsection, the pledge shall
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0025| require the revenues received from that increment of the county
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0001| gross receipts tax to be deposited into a special bond fund for
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0002| payment of the principal, interest and expenses. At the end of
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0003| each fiscal year, any money remaining in the special bond fund
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0004| after the annual obligations for the bonds are fully met may be
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0005| transferred to any other fund of the county.
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0006| C. Fire protection revenue bonds may be issued for
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0007| acquiring, extending, enlarging, bettering, repairing,
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0008| improving, constructing, purchasing, furnishing, equipping or
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0009| rehabilitating any independent fire district project or
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0010| facilities, including, where applicable, purchasing, otherwise
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0011| acquiring or improving the ground for the project or any
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0012| combination of such purposes. A county may pledge irrevocably
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0013| any or all of the county fire protection excise tax revenue for
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0014| payment of principal and interest due in connection with, and
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0015| other expenses related to, fire protection revenue bonds.
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0016| These bonds may be referred to in Chapter 4, Article 62 NMSA
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0017| 1978 as "fire protection revenue bonds".
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0018| D. Environmental revenue bonds may be issued for
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0019| the acquisition and construction of solid waste facilities,
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0020| water facilities, wastewater facilities, sewer systems and
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0021| related facilities. A county may pledge irrevocably any or all
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0022| of the county environmental services gross receipts tax revenue
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0023| for payment of principal and interest due in connection with,
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0024| and other expenses related to, environmental revenue bonds.
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0025| These bonds may be referred to in Chapter 4, Article 62 NMSA
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0001| 1978 as "environmental revenue bonds".
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0002| E. Gasoline tax revenue bonds may be issued for the
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0003| acquisition of rights of way for and the construction,
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0004| reconstruction, resurfacing, maintenance, repair or other
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0005| improvement of county roads and bridges. A county may pledge
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0006| irrevocably any or all of the county gasoline tax revenue for
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0007| payment of principal and interest due in connection with, and
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0008| other expenses related to, county gasoline tax revenue bonds.
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0009| These bonds may be referred to in Chapter 4, Article 62 NMSA
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0010| 1978 as "gasoline tax revenue bonds".
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0011| F. Utility revenue bonds or joint utility revenue
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0012| bonds may be issued for acquiring, extending, enlarging,
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0013| bettering, repairing or otherwise improving water facilities,
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0014| sewer facilities, gas facilities or electric facilities or for
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0015| any combination of the foregoing purposes. A county may pledge
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0016| irrevocably any or all of the net revenues from the operation
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0017| of the utility or joint utility for which the particular
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0018| utility or joint utility bonds are issued to the payment of
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0019| principal and interest due in connection with, and other
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0020| expenses related to, utility or joint utility revenue bonds.
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0021| These bonds may be referred to in Chapter 4, Article 62 NMSA
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0022| 1978 as "utility revenue bonds" or "joint utility revenue
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0023| bonds".
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0024| G. Project revenue bonds may be issued for
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0025| acquiring, extending, enlarging, bettering, repairing,
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0001| improving, constructing, purchasing, furnishing, equipping or
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0002| rehabilitating any revenue-producing project, including, as
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0003| applicable, purchasing, otherwise acquiring or improving the
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0004| ground therefor and including [but not limited to] acquiring
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0005| and improving parking lots, or may be issued for any
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0006| combination of the foregoing purposes. The county may pledge
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0007| irrevocably any or all of the net revenues from the operation
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0008| of the revenue-producing project for which the particular
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0009| project revenue bonds are issued to the payment of the interest
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0010| on and principal of the project revenue bonds. The net
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0011| revenues of any revenue-producing project may not be pledged to
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0012| the project revenue bonds issued for any other
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0013| revenue-producing project that is clearly unrelated in nature;
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0014| but nothing in this subsection prevents the pledge to any of
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0015| the project revenue bonds of any revenues received from any
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0016| existing, future or disconnected facilities and equipment that
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0017| are related to and that may constitute a part of the particular
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0018| revenue-producing project. [Any] A general determination by
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0019| the governing body that [any] facilities or equipment are
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0020| reasonably related to and [shall] constitute a part of a
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0021| specified revenue-producing project shall be conclusive if set
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0022| forth in the proceedings authorizing the project revenue bonds.
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0023| As used in Chapter 4, Article 62 NMSA 1978:
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0024| (1) "project revenue bonds" means the bonds
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0025| authorized in this subsection; [and]
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0001| (2) "project revenues" means the net revenues
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0002| of revenue-producing projects that may be pledged to project
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0003| revenue bonds pursuant to this subsection; and
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0004| (3) "revenue-producing project" means any county-
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0005| owned self-liquidating project that furnishes public services
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0006| to a county and its residents or for the public benefit of the
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0007| residents of the state, including public buildings; facilities
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0008| and equipment for the collection or disposal of trash, refuse
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0009| or garbage; jails and correctional facilities; swimming pools;
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0010| golf courses and other recreational facilities; cemeteries or
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0011| mausoleums or both; airports; parking garages; and
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0012| transportation centers, which may include office facilities and
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0013| customary terminal facilities for airlines, trains, monorails,
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0014| subways and intercity and intracity buses and taxicabs; but
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0015| "revenue-producing project" does not include a county utility
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0016| as defined in Subsection K of this section.
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0017| H. Fire district revenue bonds may be issued for
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0018| acquiring, extending, enlarging, bettering, repairing,
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0019| improving, constructing, purchasing, furnishing, equipping and
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0020| rehabilitating any fire district project, including, where
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0021| applicable, purchasing, otherwise acquiring or improving the
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0022| ground therefor, or for any combination of the foregoing
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0023| purposes. The county may pledge irrevocably any or all of the
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0024| revenues received by the fire district from the fire protection
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0025| fund as provided in Sections 59A-53-1 through 59A-53-17 NMSA
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0001| 1978 and any or all of the revenues provided for the operation
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0002| of the fire district project for which the particular bonds are
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0003| issued to the payment of the interest on and principal of such
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0004| bonds. The revenues of [any] a fire district project shall
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0005| not be pledged to the bonds issued for [any] a fire
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0006| district project that clearly is unrelated in its purpose; but
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0007| nothing in this section shall prevent the pledge to any of such
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0008| bonds of any such revenues received from any existing, future
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0009| or of disconnected facilities and equipment that are related to
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0010| and that may constitute a part of the particular fire district
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0011| project. [Any] A general determination by the governing
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0012| body of the county that [any] facilities or equipment are
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0013| reasonably related to and [shall] constitute a part of a
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0014| specified fire district project shall be conclusive if set
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0015| forth in the proceedings authorizing [such] the fire
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0016| district bonds.
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0017| I. Law enforcement protection revenue bonds may be
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0018| issued for the repair and purchase of law enforcement apparatus
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0019| and equipment that meet nationally recognized standards. The
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0020| county may pledge irrevocably any or all of the revenues
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0021| received by the county from the law enforcement protection fund
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0022| distributions pursuant to Sections 29-13-1 through 29-13-9 NMSA
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0023| 1978 to the payment of the interest on and principal of the law
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0024| enforcement protection revenue bonds.
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0025| J. Except for the purpose of refunding previous
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0001| revenue bond issues, no county may sell revenue bonds payable
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0002| from pledged revenue after the expiration of two years from the
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0003| date of the ordinance authorizing the issuance of the bonds or,
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0004| for bonds to be issued and sold to the New Mexico finance
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0005| authority as authorized in Subsection C of Section 4-62-4 NMSA
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0006| 1978, after the expiration of two years from the date of the
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0007| resolution authorizing the issuance of the bonds. However, any
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0008| period of time during which a particular revenue bond issue is
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0009| in litigation shall not be counted in determining the
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0010| expiration date of that issue.
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0011| K. No bonds may be issued by a county, other than
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0012| an H class county, a class B county as defined in Section
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0013| 4-36-8 NMSA 1978 or a class A county as described in Section
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0014| 4-36-10 NMSA 1978, to acquire, equip, extend, enlarge, better,
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0015| repair or construct any utility unless the utility is regulated
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0016| by the New Mexico public utility commission pursuant to the
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0017| Public Utility Act and the issuance of the bonds is approved by
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0018| the commission. For purposes of Chapter 4, Article 62 NMSA
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0019| 1978, a "utility" includes [but is not limited to] any water,
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0020| wastewater, sewer, gas or electric utility or joint utility
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0021| serving the public.
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0022| H class counties shall obtain New Mexico public utility
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0023| commission approvals required by Section 3-23-3 NMSA 1978.
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0024| L. Any law that imposes or authorizes the
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0025| imposition of a county gross receipts tax, a county
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0001| environmental services gross receipts tax, a county fire
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0002| protection excise tax or the gasoline tax, or that affects any
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0003| of those taxes, shall not be repealed or amended in such a
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0004| manner as to impair any outstanding revenue bonds that are
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0005| issued pursuant to Chapter 4, Article 62 NMSA 1978 and that may
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0006| be secured by a pledge of those taxes unless the outstanding
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0007| revenue bonds have been discharged in full or provision has
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0008| been fully made therefor.
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0009| M. As used in this section:
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0010| (1) "county environmental services gross
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0011| receipts tax revenue" means the revenue from the county
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0012| environmental services gross receipts tax transferred to the
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0013| county pursuant to Section 7-1-6.13 NMSA 1978;
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0014| (2) "county fire protection excise tax
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0015| revenue" means the revenue from the county fire protection
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0016| excise tax transferred to the county pursuant to Section
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0017| 7-1-6.13 NMSA 1978;
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0018| (3) "county gross receipts tax revenue" means
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0019| the revenue attributable to the first one-eighth of one percent
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0020| increment of the county gross receipts tax transferred to the
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0021| county pursuant to Section 7-1-6.13 NMSA 1978 and any
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0022| distribution related to the first one-eighth of one percent
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0023| made pursuant to Section 7-1-6.16 NMSA 1978;
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0024| (4) "gasoline tax revenue" means the revenue
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0025| from that portion of the gasoline tax distributed to the county
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0001| pursuant to Sections 7-1-6.9 and 7-1-6.26 NMSA 1978; and
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0002| (5) "public building" includes [but is not
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limited to] fire stations, police buildings, jails,
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0004| correctional facilities, libraries, museums, auditoriums,
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0005| convention halls, hospitals, buildings for administrative
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0006| offices, courthouses and garages for housing, repairing and
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0007| maintaining county vehicles and equipment.
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0008| N. As used in Chapter 4, Article 62 NMSA 1978, the
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0009| term "bond" means any obligation of a county issued under
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0010| Chapter 4, Article 62 NMSA 1978, whether designated as a bond,
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0011| note, loan, warrant, debenture, lease-purchase agreement or
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0012| other instrument evidencing an obligation of a county to make
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0013| payments."
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0014| Section 3. Section 13-1-98 NMSA 1978 (being Laws 1984,
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0015| Chapter 65, Section 71, as amended) is amended to read:
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0016| "13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The
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0017| provisions of the Procurement Code shall not apply to:
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0018| A. procurement of items of tangible personal
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0019| property or services by a state agency or a local public body
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0020| from a state agency, a local public body or external
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0021| procurement unit except as otherwise provided in Sections
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0022| 13-1-135 through 13-1-137 NMSA 1978;
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0023| B. procurement of tangible personal property or
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0024| services for the governor's mansion and grounds;
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0025| C. printing and duplicating contracts involving
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0001| materials [which] that are required to be filed in
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0002| connection with proceedings before administrative agencies or
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0003| state or federal courts;
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0004| D. purchases of publicly provided or publicly
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0005| regulated gas, electricity, water, sewer and refuse collection
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0006| services;
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0007| E. purchases of books and periodicals from the
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0008| publishers or copyright holders thereof;
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0009| F. travel or shipping by common carrier or by
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0010| private conveyance or to meals and lodging;
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0011| G. purchase of livestock at auction rings or to the
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0012| procurement of animals to be used for research and
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0013| experimentation or exhibit;
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0014| H. contracts with businesses for public school
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0015| transportation services;
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0016| I. procurement of tangible personal property or
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0017| services, as defined by Sections 13-l-87 and 13-l-93 NMSA 1978,
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0018| by the corrections industries division of the corrections
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0019| department pursuant to regulations adopted by the corrections
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0020| [industries] commission, which shall be reviewed by the
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0021| purchasing division of the general services department prior to
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0022| adoption;
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0023| J. minor purchases consisting of magazine
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0024| subscriptions, conference registration fees and other similar
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0025| purchases where prepayments are required;
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0001| K. municipalities having adopted home rule charters
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0002| and having enacted their own purchasing ordinances;
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0003| L. the issuance, sale and delivery of public
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0004| securities pursuant to the applicable authorizing statute, with
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0005| the exception of bond attorneys and general financial
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0006| consultants;
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0007| M. contracts entered into by a local public body
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0008| with a private independent contractor for the operation, or
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0009| provision and operation, of a jail or correctional facility
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0010| pursuant to Sections 33-3-26 and 33-3-27 NMSA 1978;
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0011| N. contracts for maintenance of grounds and
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0012| facilities at highway rest stops and other employment
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0013| opportunities, excluding those intended for the direct care and
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0014| support of persons with handicaps, entered into by state
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0015| agencies with private, nonprofit, independent contractors who
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0016| provide services to persons with handicaps;
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0017| O. contracts and expenditures for services to be
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0018| paid or compensated by money or other property transferred to
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0019| New Mexico law enforcement agencies by the United States
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0020| department of justice drug enforcement administration;
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0021| P. contracts for retirement and other benefits
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0022| pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978; and
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0023| Q. contracts with professional entertainers."
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0024| Section 4. A new section of Chapter 33, Article 1 NMSA
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0025| 1978 is enacted to read:
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0001| "[NEW MATERIAL] CORRECTIONS DEPARTMENT--CONTRACTS--
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0002| COUNTY CORRECTIONAL FACILITIES.--
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0003| A. The corrections department shall contract with
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0004| Lea county, Guadalupe county and Cibola county to house inmates
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0005| in correctional facilities owned and operated by the county.
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0006| The contracts shall provide for housing inmates in:
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0007| (1) a correctional facility in Guadalupe
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0008| county with an initial capacity of eight hundred inmates and
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0009| provision for expansion to one thousand two hundred inmates;
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0010| and
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0011| (2) a correctional facility in Lea county with
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0012| an initial capacity of one thousand six hundred inmates
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0013| provision for expansion to two thousand two hundred inmates;
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0014| and
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0015| (3) up to four hundred inmates in the Cibola
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0016| county correctional center.
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0017| B. Contracts entered into pursuant to Subsection A
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0018| of this section shall include such terms and conditions as the
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0019| corrections department may require after consultation with the
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0020| general services department, provided that the terms and
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0021| conditions shall include provisions:
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0022| (1) setting comprehensive standards for
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0023| conditions of incarceration;
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0024| (2) requiring that the correctional facility
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0025| and operation of the facility meet all applicable correctional
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0001| standards and any court orders or consent decrees;
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0002| (3) providing for payments under the contract
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0003| on a use and per diem per inmate basis;
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0004| (4) that the employees performing the
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0005| functions of correctional officers, whether employed by the
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0006| county or by an independent contractor, shall be deemed to be
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0007| correctional officers for the purposes of Sections 33-1-10 and
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0008| 33-1-11 NMSA 1978;
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0009| (5) that continuation of the contract is
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0010| subject to annual appropriation or other availability of funds;
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0011| and
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0012| (6) that compliance with the contract shall be
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0013| monitored by the corrections department and the contract may be
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0014| terminated for noncompliance.
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0015| C. A contract entered into pursuant to Subsection A
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0016| of this section may provide that the corrections department may
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0017| purchase the correctional facility from the county at any time
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0018| after five years from the date of initial operation of the
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0019| facility.
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0020| D. The corrections department shall not enter into
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0021| contracts with Lea county and Guadalupe county pursuant to
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0022| Subsection A of this section unless each contract requires that
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0023| the facilities under contract shall not be constructed unless
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0024| both facilities are constructed, as nearly as practicable,
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0025| simultaneously."
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0001| Section 5. Section 33-1-17 NMSA 1978 (being Laws 1985,
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0002| Chapter 149, Section 1, as amended) is amended to read:
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0003| "33-1-17. PRIVATE CONTRACT.--
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0004| A. The corrections department may contract for the
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0005| operation of any adult female facility or for housing adult
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0006| female inmates in a private facility with a person or entity in
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0007| the business of providing correctional or jail services to
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0008| government entities.
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0009| B. The corrections department may contract with a
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0010| person or entity in the business of providing correctional or
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0011| jail services to government entities for [(1) a correctional
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facility in Guadalupe county of not less than five hundred
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fifty and not more than two thousand two hundred beds;
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(2) a correctional facility in Lea, Chaves or
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Santa Fe county of not less than one thousand two hundred and
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not more than two thousand two hundred beds;
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(3) design and construction of a support
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services building, a laundry and an infirmary at the
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penitentiary of New Mexico in Santa Fe; or
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(4)] construction of a public facility to
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0021| house a special incarceration alternative program for adult
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0022| male and adult female felony offenders.
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0023| [C. The authorization in Subsection B of this
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section for a correctional facility in Guadalupe county and a
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correctional facility in Lea, Chaves or Santa Fe county is
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contingent upon construction of both facilities, so that one of
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the facilities shall not be constructed unless both of the
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facilities are constructed, as nearly as practicable,
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simultaneously.
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D.] C. The corrections department shall
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0006| solicit proposals and award any contract under this section in
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0007| accordance with the provisions of the Procurement Code. The
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0008| contract shall include such terms and conditions as the
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0009| corrections department may require after consultation with
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0010| the general services department; provided that the terms and
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0011| conditions shall include provisions:
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0012| (1) setting forth comprehensive standards for
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0013| conditions of incarceration;
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0014| (2) that the contractor assumes all liability
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0015| caused by or arising out of all aspects of the provision or
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0016| operation of the facility;
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0017| (3) for liability insurance or other proof of
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0018| financial responsibility acceptable to the general services
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0019| department covering the contractor and its officers, employees
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0020| and agents in an amount sufficient to cover all liability
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0021| caused by or arising out of all aspects of the provision or
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0022| operation of the facility;
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0023| (4) for termination for cause upon ninety
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0024| days' notice to the contractor for failure to meet contract
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0025| provisions when such failure seriously affects the availability
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0001| or operation of the facility;
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0002| (5) that venue for the enforcement of the
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0003| contract shall be in the district court for Santa Fe county;
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0004| (6) that continuation of the contract is
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0005| subject to the availability of funds; and
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0006| (7) that compliance with the contract shall be
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0007| monitored by the corrections department and the contract may be
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0008| terminated for noncompliance.
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0009| [E.] D. When the contractor begins operation of
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0010| a facility for which private contractor operation is
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0011| authorized, his employees performing the functions of
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0012| correctional officers shall be deemed correctional officers for
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0013| the purposes of Sections 33-1-10 and 33-1-11 NMSA 1978 but for
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0014| no other purpose of state law, unless specifically stated.
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0015| [F.] E. Any contract awarded pursuant to this
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0016| section may include terms to provide for the renovation of the
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0017| facility or for the construction of new buildings. Work
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0018| performed pursuant to such terms and conditions shall not be
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0019| considered a capital project as defined in Section 15-3-23.3
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0020| NMSA 1978 or a state public works project as defined in Section
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0021| 13-1-91 NMSA 1978 nor shall it be subject to the requirements
|
0022| of Section 13-1-150 NMSA 1978 or of the Capital Program Act,
|
0023| review by the staff architect of the property control division
|
0024| of the general services department pursuant to Section 15-3-20
|
0025| NMSA 1978 or regulation by the director of that division
|
0001| pursuant to Section 15-3-11 NMSA 1978.
|
0002| [G.] F. Any contract entered into by the
|
0003| corrections department with a private contractor to operate an
|
0004| existing facility shall include a provision securing the right
|
0005| of all persons employed by that facility prior to the effective
|
0006| date of that contract to be employed by that contractor in any
|
0007| position for which they qualify before that position is offered
|
0008| to any person not employed by that facility prior to that
|
0009| date."
|
0010| Section 6. Section 33-1-18 NMSA 1978 (being Laws 1990
|
0011| (1st. S.S.), Chapter 5, Section 1, as amended) is amended to
|
0012| read:
|
0013| "33-1-18. [FUNDS] FUND CREATED.--There [are] is
|
0014| created in the state treasury a special [funds] fund to
|
0015| be known as the "corrections department building fund" [the
|
"Guadalupe county prison fund" and the "New Mexico prison
|
fund"]. The [funds] fund shall consist of money
|
0018| appropriated by the legislature, from year to year, from the
|
0019| income or distributions of the land grant permanent [fund
|
and land income] funds of which the penitentiary of New
|
0021| Mexico is the beneficiary [and any other revenues that are
|
appropriated to the funds, other than revenues derived from
|
property taxes or general fund revenues]. Income from
|
0024| investment of [each special] the fund created by this
|
0025| section shall be credited to that fund."
|
0001| Section 7. Section 33-1-19 NMSA 1978 (being Laws 1990
|
0002| (1st. S.S.), Chapter 5, Section 2, as amended by Laws 1995,
|
0003| Chapter 43, Section 1 and also by Laws 1995, Chapter 215,
|
0004| Section 4) is amended to read:
|
0005| "33-1-19. USE OF [FUNDS] FUND. [A.] The [funds
|
created in or pursuant to Section 33-1-18 NMSA 1978]
|
0007| corrections department building fund shall be used by the
|
0008| corrections department [or the board of finance] solely for
|
0009| the purpose of acquiring [designing, constructing or
|
equipping] by lease or [lease-purchase, or by financing the
|
ownership by the corrections department through the issuance of
|
bonds or other obligations by the corrections department or the
|
board of finance, or] other means a corrections department
|
0014| central office complex, a personnel training academy, a special
|
0015| incarceration alternative facility [correctional facilities]
|
0016| or any combination of these facilities. [and for paying the
|
expenses relating to the lease, lease-purchase or financing of
|
these facilities. Before any of the funds created in Section
|
33-1-18 NMSA 1978 may be used for any such purpose, the state
|
board of finance shall approve the proposed facility and the
|
proposed use of the funds.
|
B. The funds created in or pursuant to Section
|
33-1-18 NMSA 1978 shall be used so that available
|
appropriations are devoted to the following projects:
|
(1) payment for the corrections department
|
central office complex;
|
(2) a correctional facility in Guadalupe
|
county of not less than five hundred fifty and not more than
|
two thousand two hundred beds;
|
(3) a correctional facility in Lea, Chaves or
|
Santa Fe county of not less than one thousand two hundred and
|
not more than two thousand two hundred beds; and
|
(4) design and construction of a support
|
services building, a laundry and an infirmary at the
|
penitentiary of New Mexico in Santa Fe.
|
C. The use of funds designated in Subsection B of
|
this section for a correctional facility in Guadalupe county
|
and a correctional facility in Lea, Chaves or Santa Fe county
|
is contingent upon construction of both facilities, so that one
|
of the facilities shall not be constructed unless both of the
|
facilities are constructed, as nearly as possible,
|
simultaneously.
|
D.] Any balance at the end of any fiscal year in
|
0019| the [special funds created in Section 33-1-18 NMSA 1978]
|
0020| fund that [are] is not needed to pay leases, loans, bonds
|
0021| or other financing instruments in that fiscal year may be
|
0022| appropriated by the legislature for expenditure in succeeding
|
0023| fiscal years by the corrections department for corrections
|
0024| purposes."
|
0025| Section 8. Section 33-3-1 NMSA 1978 (being Laws 1865-
|
0001| 1866, Chapter 19, Section 1, as amended) is amended to read:
|
0002| "33-3-1. COMMON JAILS--OPERATION BY SHERIFF, JAIL
|
0003| ADMINISTRATOR OR INDEPENDENT CONTRACTOR AUTHORITY TO CONTRACT
|
0004| FOR CORRECTIONAL FACILITIES.--
|
0005| A. The common jails shall be under the control of
|
0006| the respective sheriffs, independent contractors or jail
|
0007| administrators as defined in Section 4-44-19 NMSA 1978 hired
|
0008| by the board of county commissioners or other local public body
|
0009| or combination thereof and [the same] shall be used as
|
0010| prisons in the respective counties.
|
0011| B. Contracts between local public bodies and
|
0012| private independent contractors for the operation or provision
|
0013| and operation of a jail are specifically authorized by this
|
0014| section; provided that prior to July 1, 1987, no more than two
|
0015| pilot projects involving private independent contractors are
|
0016| authorized in New Mexico pursuant to Section 33-3-26 NMSA 1978.
|
0017| C. Contracts between local public bodies and
|
0018| independent contractors are specifically authorized for the
|
0019| operation or provision and operation of correctional facilities
|
0020| intended to house any type of inmates on behalf of the
|
0021| corrections department, the children, youth and families
|
0022| department or an out-of-state jurisdiction or any special
|
0023| program facility for such inmates, if the facility is
|
0024| authorized pursuant to a contract between the department and
|
0025| the local public body in which the facility is located."
|
0001| Section 9. Section 33-3-27 NMSA 1978 (being Laws 1984,
|
0002| Chapter 22, Section 18) is amended to read:
|
0003| "33-3-27. JAIL AND CORRECTIONAL FACILITY AGREEMENTS--
|
0004| APPROVAL--LIABILITY--TERMINATION--VENUE.--
|
0005| A. No agreement with a private independent
|
0006| contractor for the operation of a jail or a correctional
|
0007| facility or for the incarceration of prisoners [therein] in
|
0008| the jail or correctional facility shall be made for a period
|
0009| of more than three years. Agreements binding on future
|
0010| governing bodies for construction, purchase or lease of a jail
|
0011| facility for not more than [fifteen] twenty-five years are
|
0012| [hereby] authorized.
|
0013| B. All agreements with private independent
|
0014| contractors for the operation or provision and operation of
|
0015| jails [must] or correctional facilities shall include a
|
0016| performance bond and be approved in writing, prior to their
|
0017| becoming effective, by the local government division of the
|
0018| department of finance and administration and the office of the
|
0019| attorney general. Disapproval may be based on any reasonable
|
0020| grounds, including [but not limited to] adequacy or
|
0021| appropriateness of the proposed plan or standards; suitability
|
0022| or qualifications of the proposed contractor or his employees;
|
0023| absence of required or desirable contract provisions;
|
0024| unavailability of funds; or any other reasonable grounds
|
0025| whatsoever, whether like or unlike the foregoing. No agreement
|
0001| shall be valid or enforceable without [such] prior approval.
|
0002| C. All agreements with private independent
|
0003| contractors for the operation or provision and operation of
|
0004| jails or correctional facilities shall provide for the
|
0005| independent contractor to provide and pay for training for
|
0006| jailers or correctional officers to meet minimum training
|
0007| standards, which shall be specified in the contract, and shall
|
0008| require that the independent contractor pay its correctional
|
0009| officers wages and benefits that are comparable to the wages
|
0010| and benefits paid by the county to county employees similarly
|
0011| employed.
|
0012| D. All agreements with private independent
|
0013| contractors for the operation or provision and operation of
|
0014| jails or correctional facilities shall set forth
|
0015| comprehensive standards for conditions of incarceration, either
|
0016| by setting them forth in full as part of the contract or by
|
0017| reference to known and respected compilations of such
|
0018| standards.
|
0019| E. All agreements with private independent
|
0020| contractors for the operation or provision and operation of
|
0021| jails [must] or correctional facilities shall be approved
|
0022| in writing, prior to their becoming effective, by the risk
|
0023| management division of the general services department.
|
0024| Approval shall be conditioned upon contractual arrangements
|
0025| satisfactory to the risk management division for:
|
0001| (1) the contractor's assumption of all
|
0002| liability caused by or arising out of all aspects of the
|
0003| provision and operation of the jail or correctional facility;
|
0004| and
|
0005| (2) liability insurance covering the
|
0006| contractor and its officers, jailers, employees and agents in
|
0007| an amount sufficient to cover all liability caused by or
|
0008| arising out of all aspects of the provision and operation of
|
0009| the jail or correctional facility. A copy of the proposed
|
0010| insurance policy for the first year shall be submitted for
|
0011| approval with the contract.
|
0012| F. All agreements with private independent
|
0013| contractors for the operation or provision and operation of
|
0014| jails or correctional facilities shall provide for
|
0015| termination for cause by the local public body parties upon
|
0016| ninety days' notice to the independent contractor. Such
|
0017| termination shall be
|
0018| allowed for at least the following reasons:
|
0019| (1) failure of the independent contractor to
|
0020| meet minimum standards and conditions of incarceration, which
|
0021| standards and conditions shall be specified in the contract; or
|
0022| (2) failure to meet other contract provisions
|
0023| when such failure seriously affects the operation of the jail
|
0024| or correctional facility. The reasons for termination set
|
0025| forth in this subsection are not exclusive and may be
|
0001| supplemented by the parties.
|
0002| G. Venue for the enforcement of any agreement
|
0003| entered into pursuant to the provisions of this [act]
|
0004| section shall be in the district court of the county in which
|
0005| the facility is located or in Santa Fe county.
|
0006| H. As used in this section, "correctional
|
0007| facility" means a facility intended to house any type of
|
0008| inmates on behalf of the corrections department, the children,
|
0009| youth and families department or an out-of-state jurisdiction
|
0010| or any special program facility for such inmates, if the
|
0011| facility is authorized pursuant to a contract between the
|
0012| department and the local public body in which the facility is
|
0013| located."
|
0014| Section 10. EMERGENCY.--It is necessary for the public
|
0015| peace, health and safety that this act take effect immediately.
|