0001| HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR
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0002| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0003| SENATE BILL 1273
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0004| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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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|
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0011|
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0012| AN ACT
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0013| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
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0014| REQUIRING INMATES TO EARN MERITORIOUS DEDUCTIONS FROM A TERM OF
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0015| IMPRISONMENT; ENACTING THE CORRECTIONS POPULATION CONTROL ACT;
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0016| ESTABLISHING THE CORRECTIONS POPULATION CONTROL COMMISSION;
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0017| PROVIDING FOR THE DUTIES AND AUTHORITY OF THE CORRECTIONS
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0018| POPULATION CONTROL COMMISSION; PROVIDING MECHANISMS FOR
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0019| ADDRESSING INMATE OVERCROWDING; AMENDING, REPEALING AND
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0020| ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.
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0021|
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0022| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0023| Section 1. Section 33-1-2 NMSA 1978 (being Laws 1978,
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0024| Chapter 4, Section 1, as amended) is amended to read:
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0025| "33-1-2. DEFINITIONS.--As used in the Corrections Act:
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0001| A. "division" or "department" means the corrections
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0002| department;
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0003| B. "director" or "secretary" means the secretary of
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0004| corrections;
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0005| C. "corrections facility" means any facility or
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0006| program controlled or operated by the state or any of its
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0007| agencies or departments and supported wholly or in part by
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0008| state funds for the correctional care of persons, including but
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0009| not limited to:
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0010| (1) the "penitentiary of New Mexico", which
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0011| consists of the penitentiary at Santa Fe and other places in
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0012| the state designated by the secretary; and
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0013| (2) the state board of probation and parole,
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0014| except to the extent delegated to the parole board by the
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0015| Parole Board Act; and
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0016| [D. "commission" means the corrections commission;
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0017| and
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0018| E.] D. "warden" or "superintendent" means the
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0019| administrative director of a correctional facility."
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0020| Section 2. Section 33-1-4 NMSA 1978 (being Laws 1969,
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0021| Chapter 226, Section 4, as amended) is amended to read:
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0022| "33-1-4. CORRECTIONS [DIVISION] DEPARTMENT.--[A. There
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0023| is created within the criminal justice department the
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0024| "corrections division".] The [division] department is
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0025| responsible for all matters pertaining to corrections as
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0001| provided in the Corrections Act or other law.
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0002| [B. There is created the "corrections commission"
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0003| consisting of seven members appointed by the governor with the
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0004| advice and consent of the senate for staggered terms, one ending
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0005| June 30, 1972 and two ending June 30 of each of the following
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0006| three years. Thereafter, appointments shall be made for terms of
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0007| four years or less in a manner that the terms of one or two
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0008| members expire as the case may be on June 30 each year. Members
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0009| of the commission shall be reimbursed as provided in the Per Diem
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0010| and Mileage Act and shall receive no other compensation,
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0011| perquisite or allowance. Four members of the commission
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0012| constitute a quorum for the transaction of business. Not more
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0013| than four members shall be of the same political party. Four of
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0014| the members shall be persons who have displayed interest in
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0015| juvenile correction and rehabilitation matters and three shall be
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0016| persons who have displayed interest in adult correction and
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0017| rehabilitation matters. Any member who fails to attend any three
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0018| consecutive meetings of the commission without being excused by
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0019| the commission shall be automatically removed.
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0020| C. The commission shall advise the director in the
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0021| management and control of the division.]"
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0022| Section 3. Section 33-1-17 NMSA 1978 (being Laws 1985,
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0023| Chapter 149, Section 1, as amended) is amended to read:
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0024| "33-1-17. PRIVATE CONTRACT.--
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0025| A. The corrections department may contract for the
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0001| operation of any adult female facility or for housing adult female
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0002| inmates in a private facility with a person or entity in the
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0003| business of providing correctional or jail services to government
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0004| entities.
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0005| B. The corrections department may contract with a
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0006| person or entity in the business of providing correctional or jail
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0007| services to government entities for
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0008| [(1) a correctional facility in Guadalupe county
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0009| of not less than five hundred fifty and not more than two thousand
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0010| two hundred beds;
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0011| (2) a correctional facility in Lea, Chaves or
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0012| Santa Fe county of not less than one thousand two hundred and not
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0013| more than two thousand two hundred beds;
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0014| (3) design and construction of a support
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0015| services building, a laundry and an infirmary at the penitentiary
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0016| of New Mexico in Santa Fe; or
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0017| (4)] the construction of a public facility to
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0018| house a special incarceration alternative program for adult male
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0019| and adult female felony offenders.
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0020| [C. The authorization in Subsection B of this section
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0021| for a correctional facility in Guadalupe county and a correctional
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0022| facility in Lea, Chaves or Santa Fe county is contingent upon
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0023| construction of both facilities, so that one of the facilities
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0024| shall not be constructed unless both of the facilities are
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0025| constructed, as nearly as practicable, simultaneously.
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0001| D.] C. The corrections department shall solicit
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0002| proposals and award any contract under this section in accordance
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0003| with the provisions of the Procurement Code. The contract shall
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0004| include such terms and conditions as the corrections department
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0005| may require after consultation with the general services
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0006| department; provided that the terms and conditions shall include
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0007| provisions:
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0008| (1) setting forth comprehensive standards for
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0009| conditions of incarceration;
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0010| (2) that the contractor assumes all liability
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0011| caused by or arising out of all aspects of the provision or
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0012| operation of the facility;
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0013| (3) for liability insurance or other proof of
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0014| financial responsibility acceptable to the general services
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0015| department covering the contractor and its officers, employees and
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0016| agents in an amount sufficient to cover all liability caused by or
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0017| arising out of all aspects of the provision or operation of the
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0018| facility;
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0019| (4) for termination for cause upon ninety days'
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0020| notice to the contractor for failure to meet contract provisions
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0021| when such failure seriously affects the availability or operation
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0022| of the facility;
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0023| (5) that venue for the enforcement of the
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0024| contract shall be in the district court for Santa Fe county;
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0025| (6) that continuation of the contract is subject
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0001| to the availability of funds; and
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0002| (7) that compliance with the contract shall be
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0003| monitored by the corrections department and the contract may be
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0004| terminated for noncompliance.
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0005| [E.] D. When the contractor begins operation of a
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0006| facility, [for which private contractor operation is authorized]
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0007| his employees performing the functions of correctional officers
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0008| shall be deemed correctional officers for the purposes of Sections
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0009| 33-1-10 and 33-1-11 NMSA 1978 but for no other purpose of state
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0010| law, unless specifically stated.
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0011| [F.] E. Any contract awarded pursuant to this section
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0012| may include terms to provide for the renovation of the facility or
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0013| for the construction of new buildings. Work performed pursuant to
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0014| such terms and conditions shall not be considered a capital
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0015| project as defined in Section 15-3-23.3 NMSA 1978 or a state
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0016| public works project as defined in Section 13-1-91 NMSA 1978 nor
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0017| shall it be subject to the requirements of Section 13-1-150 NMSA
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0018| 1978 or of the Capital Program Act, review by the staff architect
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0019| of the property control division of the general services
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0020| department pursuant to Section 15-3-20 NMSA 1978 or regulation by
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0021| the director of that division pursuant to Section 15-3-11 NMSA
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0022| 1978.
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0023| [G.] F. Any contract entered into by the corrections
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0024| department with a private contractor to operate an existing
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0025| facility shall include a provision securing the right of all
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0001| persons employed by that facility prior to the effective date of
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0002| that contract to be employed by that contractor in any position
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0003| for which they qualify before that position is offered to any
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0004| person not employed by that facility prior to that date."
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0005| Section 4. Section 33-1-18 NMSA 1978 (being Laws 1990 (1st.
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0006| S.S.), Chapter 5, Section 1, as amended) is amended to read:
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0007| "33-1-18. [FUNDS] FUND CREATED.--There [are] is created in
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0008| the state treasury a special [funds] fund to be known as the
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0009| "corrections department building fund" [the "Guadalupe county
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0010| prison fund" and the "New Mexico prison fund"]. The [funds] fund
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0011| shall consist of money appropriated by the legislature, from year
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0012| to year, from the income of the permanent fund and land income of
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0013| which the penitentiary of New Mexico is the beneficiary [and any
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0014| other revenues that are appropriated to the funds, other than
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0015| revenues derived from property taxes or general fund revenues].
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0016| Income from investment of [each special] the fund [created by this
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0017| section] shall be credited to [that] the fund. No other funds of
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0018| the state shall be deposited or paid into the corrections
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0019| department building fund."
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0020| Section 5. Section 33-1-19 NMSA 1978 (being Laws 1990 (1st.
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0021| S.S.), Chapter 5, Section 2, as amended by Laws 1995, Chapter 43,
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0022| Section 1 and also by Laws 1995, Chapter 215, Section 4) is
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0023| amended to read:
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0024| "33-1-19. USE OF [FUNDS] FUND.--[A.] The [funds created in
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0025| or pursuant to Section 33-1-18 NMSA 1978] corrections department
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0001| building fund shall be used by the corrections department [or the
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0002| board of finance] solely for the purpose of acquiring, [designing,
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0003| constructing or equipping] by lease or [lease-purchase, or by
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0004| financing the ownership by the corrections department through the
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0005| issuance of bonds or other obligations by the corrections
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0006| department or the board of finance, or] other means, a corrections
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0007| department central office complex, a personnel training academy, a
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0008| special incarceration alternative facility [correctional
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0009| facilities] or any combination of these facilities. [and for
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0010| paying the expenses relating to the lease, lease-purchase or
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0011| financing of these facilities. Before any of the funds created in
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0012| Section 33-1-18 NMSA 1978 may be used for any such purpose, the
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0013| state board of finance shall approve the proposed facility and the
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0014| proposed use of the funds.
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0015| B. The funds created in or pursuant to Section
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0016| 33-1-18 NMSA 1978 shall be used so that available appropriations
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0017| are devoted to the following projects:
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0018| (1) payment for the corrections department
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0019| central office complex;
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0020| (2) a correctional facility in Guadalupe county
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0021| of not less than five hundred fifty and not more than two thousand
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0022| two hundred beds;
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0023| (3) a correctional facility in Lea, Chaves or
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0024| Santa Fe county of not less than one thousand two hundred and not
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0025| more than two thousand two hundred beds; and
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0001| (4) design and construction of a support
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0002| services building, a laundry and an infirmary at the penitentiary
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0003| of New Mexico in Santa Fe.
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0004| C. The use of funds designated in Subsection B of this
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0005| section for a correctional facility in Guadalupe county and a
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0006| correctional facility in Lea, Chaves or Santa Fe county is
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0007| contingent upon construction of both facilities, so that one of
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0008| the facilities shall not be constructed unless both of the
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0009| facilities are constructed, as nearly as possible, simultaneously.
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0010| D.] Any balance at the end of any fiscal year in the
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0011| [special funds created in Section 33-1-18 NMSA 1978 that are]
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0012| corrections department building fund that is not needed to pay
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0013| leases, loans, bonds or other financing instruments in that fiscal
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0014| year may be appropriated by the legislature for expenditure in
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0015| succeeding fiscal years by the corrections department for
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0016| corrections purposes."
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0017| Section 6. Section 33-2-34 NMSA 1978 (being Laws 1978,
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0018| Chapter 40, Section 1, as amended) is repealed and a new Section
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0019| 33-2-34 NMSA 1978 is enacted to read:
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0020| "33-2-34. [NEW MATERIAL] ELIGIBILITY FOR EARNED
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0021| MERITORIOUS DEDUCTIONS.--
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0022| A. An inmate confined in the penitentiary of New
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0023| Mexico or other state correctional facility for committing a
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0024| violent offense is eligible to earn meritorious deductions of up
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0025| to four days per month upon recommendation of the classification
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0001| committee and approval by the warden.
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0002| B. An inmate confined in the penitentiary of New
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0003| Mexico or other state correctional facility for committing a
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0004| nonviolent offense is eligible to earn meritorious deductions of
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0005| up to thirty days per month upon recommendation of the
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0006| classification committee and approval by the warden.
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0007| C. In order to earn meritorious deductions, an inmate
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0008| shall actively participate in a program recommended and approved
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0009| for him by the classification committee. The classification
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0010| committee may recommend and approve only education programs,
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0011| mental health programs, drug or alcohol treatment programs, drug
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0012| or alcohol counseling programs, or work programs.
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0013| D. An inmate whose record of conduct shows that he has
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0014| performed exceptionally meritorious service and whose record of
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0015| conduct shows that he has otherwise faithfully observed the rules
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0016| of the institution may be eligible for a lump sum meritorious
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0017| deduction award, not to exceed one year per award and not to
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0018| exceed a total of one year for all lump sum meritorious deduction
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0019| awards awarded in any consecutive twelve-month period, which may
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0020| be deducted from the length of the sentence then remaining
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0021| unserved. Exceptionally meritorious service shall include heroic
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0022| acts of saving life or property, but shall not include acts in
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0023| performance of normal work duties or program assignments. The
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0024| classification committee and the warden may recommend the number
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0025| of days to be awarded in each case based upon the particular
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0001| merits, but any award shall be determined by the director of adult
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0002| institutions. Allowance for exceptionally meritorious service
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0003| shall be in addition to the meritorious deductions provided for in
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0004| Subsections A and B of this section, and in the event two or more
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0005| consecutive sentences are being served, the aggregate of the sev-
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0006|
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0007| eral sentences shall be the basis upon which the deduction shall
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0008| be computed.
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0009| E. The meritorious deductions provided for in
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0010| Subsections A and B of this section shall pertain to both the
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0011| basic sentence to be served and any enhanced term of imprisonment
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0012| pursuant to the provisions of the Criminal Sentencing Act.
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0013| Meritorious deductions of up to ninety days per occurrence shall
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0014| be permanently forfeited upon recommendation of the classification
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0015| committee and approval of the warden if the inmate does not
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0016| properly maintain the standard upon which the award was based.
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0017| For those inmates, permanent forfeitures in excess of ninety days
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0018| may be made upon approval of the director of adult institutions.
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0019| No inmate shall forfeit more than fifty percent of his meritorious
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0020| deductions accrued during the previous twelve months; and after
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0021| forfeiture of any portion of an inmate's accrued meritorious
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0022| deductions, the remainder shall vest and shall not be subject to
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0023| further forfeiture. Notwithstanding any other provisions of this
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0024| act, an inmate may forfeit up to one hundred percent of all
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0025| accrued meritorious deductions if he commits any of the following:
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0001| (1) an act of actual personal violence, as
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0002| defined by the corrections department against:
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0003| (a) another inmate;
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0004| (b) corrections department personnel;
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0005| (c) an employee of a contractor operating
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0006| on behalf of the corrections department; or
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0007| (d) any other person lawfully on the
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0008| premises of a corrections department facility or other facility
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0009| where department inmates are housed;
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0010| (2) one positive drug test while incarcerated;
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0011| (3) escape; or
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0012| (4) any felonious act.
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0013| F. An inmate is not eligible to earn meritorious
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0014| deductions if he:
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0015| (1) disobeys an order to perform labor, pursuant
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0016| to Section 33-8-4 NMSA 1978;
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0017| (2) is in disciplinary segregation;
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0018| (3) is not actively participating in a program
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0019| recommended and approved for him by the classification committee;
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0020| or
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0021| (4) is within the first thirty days' receipt by
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0022| the corrections department and his record from the county jail
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0023| reflects that he has committed misconduct in the county jail that
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0024| in the professional judgment of the corrections department should
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0025| result in a delay of thirty days to begin earning meritorious
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0001| deductions.
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0002| G. The provisions of this section shall not be
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0003| interpreted as providing eligibility to earn meritorious
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0004| deductions to an inmate during the initial thirty years of a
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0005| sentence imposed pursuant to the provisions of:
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0006| (1) Subsection A of Section 30-2-1 NMSA 1978;
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0007| (2) Section 31-18-23 NMSA 1978; or
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0008| (3) Section 31-18-25 NMSA 1978.
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0009| H. The corrections department shall promulgate rules
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0010| and regulations to implement the provisions of this section, and
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0011| the rules and regulations shall be matters of public record. A
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0012| concise summary of the rules and regulations shall be provided to
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0013| every inmate and every inmate shall receive a quarterly statement
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0014| of the meritorious deductions he has earned.
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0015| I. A New Mexico inmate confined in a federal or
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0016| out-of-state correctional facility is eligible to earn meritorious
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0017| deductions in the same manner as an inmate imprisoned in a state-
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0018| run correctional facility on the basis of his inmate conduct
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0019| reports furnished by those facilities to the corrections
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0020| department, subject to approval by the corrections department.
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0021| J. An inmate imprisoned in a correctional facility
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0022| that is operated by a public entity or a private company, pursuant
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0023| to a contract with the corrections department, is eligible to earn
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0024| meritorious deductions in the same manner as an inmate imprisoned
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0025| in a state-run correctional facility, subject to approval by the
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0001| corrections department.
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0002| K. As used in this section:
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0003| (1) "great bodily harm" means an injury to the
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0004| person that creates a high probability of death; or that causes
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0005| serious disfigurement; or that results in permanent loss or
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0006| impairment of the function of any member or organ of the body;
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0007| (2) "nonviolent offense" means any felony
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0008| offense other than a violent offense or any misdemeanor offense;
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0009| and
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0010| (3) "violent offense" means:
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0011| (a) second degree murder, as provided in
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0012| Section 30-2-1 NMSA 1978;
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0013| (b) voluntary manslaughter, as provided in
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0014| Section 30-2-3 NMSA 1978;
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0015| (c) assault with intent to commit a violent
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0016| felony, as provided in Section 30-3-3 NMSA 1978, which results in
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0017| great bodily harm;
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0018| (d) criminal sexual penetration, as
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0019| provided in Section 30-9-11 NMSA 1978; and
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0020| (e) robbery, as provided in Section
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0021| 30-16-2 NMSA 1978, which results in great bodily harm."
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0022| Section 7. Section 33-2-36 NMSA 1978 (being Laws 1988,
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0023| Chapter 78, Section 6) is amended to read:
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0024| "33-2-36. FORFEITURE OF EARNED MERITORIOUS DEDUCTIONS.--
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0025| [Any accrued deductions may be forfeited by the convict]
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0001| A. Meritorious deductions earned by an inmate may be
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0002| forfeited by that inmate for any major conduct violation upon the
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0003| recommendation of the classification committee, approval by the
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0004| warden and final approval by the secretary of corrections.
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0005| B. The provisions of this section also apply to
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0006| forfeiture of earned meritorious deductions for an inmate
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0007| imprisoned in a correctional facility operated by a public entity
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0008| or a private company, pursuant to a contract with the corrections
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0009| department."
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0010| Section 8. Section 33-2-37 NMSA 1978 (being Laws 1988,
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0011| Chapter 78, Section 7) is amended to read:
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0012| "33-2-37. RESTORATION OF FORFEITED MERITORIOUS DEDUCTIONS.-
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0013| -
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0014| A. Meritorious deductions forfeited under Section
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0015| 33-2-36 NMSA 1978 may be restored in whole or in part to [any
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0016| prisoner] an inmate who is exemplary in conduct and work
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0017| performance for a period of not less than six months following the
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0018| date of forfeiture. Meritorious deductions may be restored upon
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0019| recommendation of the classification committee, approval by the
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0020| warden and final approval by the secretary of corrections.
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0021| B. The provisions of this section also apply to
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0022| restoration of earned meritorious deductions for an inmate
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0023| imprisoned in a correctional facility operated by a public entity
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0024| or a private company, pursuant to a contract with the corrections
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0025| department."
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0001| Section 9. Section 33-2-38 NMSA 1978 (being Laws 1889,
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0002| Chapter 76, Section 13, as amended) is amended to read:
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0003| "33-2-38. COMPUTATION OF TERM.--[Sec. 54. No convict shall]
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0004| An inmate shall not be discharged from the penitentiary of New
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0005| Mexico or other correctional facility until he has [remained]
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0006| served the full term for which he was sentenced. [to] The term
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0007| shall be computed from and [including] include the day on which
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0008| his sentence took effect and [excluding] shall exclude any time
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0009| the [convict] inmate may have been at large by reason of escape
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0010| [therefrom], unless he [may be] is pardoned or otherwise released
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0011| by legal authority. [Provided that nothing in] The provisions of
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0012| this section shall [be so construed as] not be interpreted to
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0013| deprive [any convict] an inmate of any reduction of time to which
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0014| he may be entitled [to under 5070] pursuant to the provisions of
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0015| Section 33-2-34 NMSA 1978."
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0016| Section 10. Section 33-8-2 NMSA 1978 (being Laws 1981,
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0017| Chapter 127, Section 2, as amended) is amended to read:
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0018| "33-8-2. DEFINITIONS.--As used in the Corrections
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0019| Industries Act:
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0020| A. "commission" means the [corrections commission]
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0021| secretary of corrections;
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0022| B. "department" means the corrections department;
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0023| C. "enterprise" means a manufacturing, agricultural or
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0024| service operation or group of closely related operations within
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0025| the bounds of a facility but does not include standard facility
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0001| maintenance activities and services;
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0002| D. "facility" means any place under the jurisdiction
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0003| of the department at which individuals are confined pursuant to
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0004| court order;
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0005| E. "fund" means the corrections industries revolving
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0006| fund;
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0007| F. "local public body" means all political
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0008| subdivisions of the state and their agencies, instrumentalities
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0009| and institutions supported wholly or in part by funds derived from
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0010| public taxation; and
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0011| G. "state agency" means the state or any of its
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0012| branches, agencies, departments, boards, instrumentalities or
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0013| institutions supported wholly or in part by funds derived from
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0014| public taxation."
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0015| Section 11. [NEW MATERIAL] SHORT TITLE.--Sections 11
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0016| through 17 of this act may be cited as the "Corrections Population
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0017| Control Act".
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0018| Section 12. [NEW MATERIAL] FINDINGS--PURPOSE.--
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0019| A. The legislature finds that:
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0020| (1) for many years, the state of New Mexico has
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0021| experienced difficulty in managing the size of its inmate
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0022| population. Often, the number of beds has been insufficient to
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0023| accommodate the inmate population committed or detained in
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0024| correctional facilities;
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0025| (2) an overcrowded inmate population was a major
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0001| cause of the disturbance that erupted at the penitentiary of New
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0002| Mexico in 1980. Moreover, problems caused by overcrowding remain
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0003| at the center of the ongoing federal litigation involving the
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0004| corrections department;
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0005| (3) a permanent solution to the overcrowded
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0006| inmate population must be established to ensure that the
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0007| corrections department is able to effectively operate its
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0008| facilities, to mitigate public safety concerns and to reduce the
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0009| likelihood of future litigation;
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0010| (4) although the corrections department is
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0011| responsible for the operation of correctional facilities, it
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0012| cannot resolve the problem of overcrowding by itself. The
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0013| department has no control over the admission of inmates into its
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0014| facilities and has only limited control over the release of
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0015| inmates from its facilities; and
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0016| (5) a permanent solution to the overcrowded
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0017| inmate population requires participation, commitment and
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0018| cooperation by the legislative, judicial and executive branches of
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0019| government and all criminal justice agencies.
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0020| B. The purpose of the Corrections Population Control
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0021| Act is to establish a corrections population control commission
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0022| that shall operate as an autonomous, nonpartisan body. The
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0023| commission shall develop and implement mechanisms to prevent the
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0024| inmate population from exceeding the rated capacity of
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0025| correctional facilities and shall take appropriate action when
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0001| necessary to effect the reduction of the inmate population.
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0002| Section 13. [NEW MATERIAL] DEFINITIONS.--As used in the
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0003| Corrections Population Control Act:
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0004| A. "commission" means the corrections population
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0005| control commission;
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0006| B. "female prison facility" means any female prison
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0007| facility so designated by the corrections department;
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0008| C. "male prison facilities" means:
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0009| (1) the penitentiary of New Mexico, located in
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0010| Santa Fe;
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0011| (2) the central New Mexico correctional
|
0012| facility, located in Los Lunas;
|
0013| (3) the Los Lunas correctional facility, located
|
0014| in Los Lunas;
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0015| (4) the southern New Mexico correctional
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0016| facility, located in Las Cruces;
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0017| (5) the western New Mexico correctional
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0018| facility, located in Grants;
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0019| (6) the Roswell correctional facility, located
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0020| in Hagerman; and
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0021| (7) any other male prison facilities so
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0022| designated by the corrections department;
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0023| D. "nonviolent offender" means:
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0024| (1) a person not convicted of the following
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0025| violent offenses:
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0001| (a) murder in the first degree or murder in
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0002| the second degree pursuant to the provisions of Section 30-2-1
|
0003| NMSA 1978;
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0004| (b) aggravated assault, pursuant to the
|
0005| provisions of Section 30-3-2 NMSA 1978;
|
0006| (c) aggravated battery, pursuant to the
|
0007| provisions of Subsection C of Section 30-3-5 NMSA 1978;
|
0008| (d) kidnapping, pursuant to the provisions
|
0009| of Section 30-4-1 NMSA 1978;
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0010| (e) abuse of a child, pursuant to the
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0011| provisions of Subsection C of Section 30-6-1 NMSA 1978;
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0012| (f) criminal sexual penetration, pursuant
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0013| to the provisions of Section 30-9-11 NMSA 1978;
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0014| (g) robbery while armed with a deadly
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0015| weapon, pursuant to the provisions of Section 30-16-2 NMSA 1978;
|
0016| (h) use of a firearm during the commission
|
0017| of a noncapital felony, pursuant to the provisions of Section
|
0018| 31-18-16 NMSA 1978;
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0019| (i) intentional injury to a person sixty
|
0020| years of age or older or to a handicapped person during the
|
0021| commission of a noncapital felony, pursuant to the provisions of
|
0022| Section 31-18-16.1 NMSA 1978;
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0023| (j) commission of three violent felonies,
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0024| pursuant to the provisions of Sections 31-18-23 and 31-18-24 NMSA
|
0025| 1978; or
|
0001| (k) commission of two violent sex offenses,
|
0002| pursuant to the provisions of Sections 31-18-25 and 31-18-26 NMSA
|
0003| 1978;
|
0004| (2) a person not convicted of a violent felony,
|
0005| as enumerated in Paragraph (1) of this subsection, from another
|
0006| state, federal jurisdiction or foreign country within the last ten
|
0007| years;
|
0008| (3) a person not serving a sentence of life
|
0009| imprisonment or a single or combined sentence of more than twenty
|
0010| years involving physical injury, physical violence or great bodily
|
0011| harm or a substantial threat or risk of physical injury, physical
|
0012| violence or great bodily harm to another person to be determined
|
0013| by the commission; or
|
0014| (4) a person not classified as a maximum
|
0015| security inmate;
|
0016| E. "prisoner" refers to nonviolent offenders; and
|
0017| F. "rated capacity" means the actual general
|
0018| population bed space, including only individual cells and areas
|
0019| designed for the long-term housing of inmates, available in the
|
0020| female prison facility or male prison facilities as certified by
|
0021| the secretary of corrections and subject to applicable state and
|
0022| federal law.
|
0023| Section 14. [NEW MATERIAL] COMMISSION--CREATION--
|
0024| MEMBERSHIP.--
|
0025| A. There is created the "corrections population
|
0001| control commission".
|
0002| B. The commission shall be appointed for two-year
|
0003| terms and shall be composed of:
|
0004| (1) the secretary of corrections, who shall
|
0005| serve as chairman;
|
0006| (2) a member appointed by the New Mexico supreme
|
0007| court;
|
0008| (3) a member appointed by the speaker of the
|
0009| house of representatives;
|
0010| (4) a member appointed by the president pro
|
0011| tempore of the senate;
|
0012| (5) a member appointed by the minority leader of
|
0013| the house of representatives;
|
0014| (6) a member appointed by the minority leader of
|
0015| the senate; and
|
0016| (7) a member appointed by the governor.
|
0017| C. A majority of the members of the commission
|
0018| constitutes a quorum for the transaction of commission business.
|
0019| D. The members of the commission shall be paid
|
0020| pursuant to the provisions of the Per Diem and Mileage Act and
|
0021| shall receive no other perquisite, compensation or allowance.
|
0022| Section 15. [NEW MATERIAL] COMMISSION--DUTIES--ANNUAL
|
0023| REPORT.--
|
0024| A. The commission shall study, develop and recommend
|
0025| policies and mechanisms designed to manage the growth of the
|
0001| inmate population by:
|
0002| (1) reviewing corrections department models to
|
0003| forecast projected growth in the inmate population;
|
0004| (2) providing information concerning impacts on
|
0005| the inmate population caused by changes in sentencing policies and
|
0006| law enforcement policies;
|
0007| (3) analyzing the need for future construction
|
0008| of additional correctional facilities;
|
0009| (4) if necessary, preparing proposed legislation
|
0010| to further implementation of its policy recommendations; and
|
0011| (5) considering all of its recommendations in
|
0012| light of public safety concerns.
|
0013| B. The provisions of Subsection A of Section 33-2-34
|
0014| NMSA 1978 shall take effect upon certification by the commission
|
0015| that an adequate level of programming is offered by the
|
0016| corrections department to ensure that all inmates who want to earn
|
0017| meritorious deductions have an opportunity to do so. If the
|
0018| commission fails to certify an adequate level of programming, on a
|
0019| semiannual basis, for any reason, the provisions of Subsection B
|
0020| of Section 33-2-34 NMSA 1978 shall apply to all inmates.
|
0021| C. The commission shall submit an annual report of its
|
0022| activities and legislative proposals to the interim legislative
|
0023| committee with jurisdiction over corrections issues. The report
|
0024| shall be filed with the interim legislative committee no later
|
0025| than November 1 of each year.
|
0001| D. The commission staff support shall be provided by
|
0002| the corrections department.
|
0003| Section 16. [NEW MATERIAL] OVERCROWDING--POPULATION
|
0004| CONTROL MECHANISM--PROCEDURES.--
|
0005| A. When the inmate population of the corrections
|
0006| department facilities, exclusive of the inmate population housed
|
0007| in facilities used to relieve interim overcrowding, exceeds one
|
0008| hundred twelve percent of rated capacity on or before June 30,
|
0009| 1999 or one hundred percent of rated capacity after June 30, 1999,
|
0010| for a period of thirty consecutive days, the following measures
|
0011| shall be taken to reduce capacity:
|
0012| (1) the corrections department shall engage in
|
0013| all lawful and professionally appropriate efforts to reduce the
|
0014| prison population to one hundred twelve percent or one hundred
|
0015| percent of rated capacity as applicable, including in-state and
|
0016| out-of-state inmate transfers;
|
0017| (2) if prison population is still in excess of
|
0018| one hundred twelve percent or one hundred percent rated capacity
|
0019| as applicable after sixty consecutive days, the secretary of
|
0020| corrections shall notify the commission. Included in the
|
0021| notification shall be a list of prisoners who are within one
|
0022| hundred eighty days of their projected release date;
|
0023| (3) the commission shall convene within ten days
|
0024| to consider the release of prisoners on the list provided by the
|
0025| corrections department. The commission shall also discuss with
|
0001| the corrections department the impact on population of possible
|
0002| changes in the classification system and expanding incarceration
|
0003| alternatives. Victims of those prisoners shall receive
|
0004| appropriate notification that the prisoners may be released before
|
0005| sentence completion. If requested, the commission shall hear
|
0006| testimony or review the written statement of a victim or relative
|
0007| of a victim, as well as any public official who wishes to object
|
0008| to the release of a particular prisoner. For prisoners as to whom
|
0009| an objection is made, the commission shall deliberate on the
|
0010| release of the prisoner individually;
|
0011| (4) for prisoners approved by the commission for
|
0012| release, the commission shall grant emergency release credits in
|
0013| ten-day increments that will be applied to the sentence or
|
0014| sentences being served by the prisoners. The commission shall
|
0015| order release of the appropriate number of prisoners to reduce the
|
0016| prison population to the applicable rated capacity; and
|
0017| (5) notwithstanding any other provisions of this
|
0018| section, no prisoner shall be released:
|
0019| (a) unless the prisoner has a parole plan
|
0020| pursuant to applicable parole board regulations;
|
0021| (b) if the information concerning the
|
0022| prisoner is discovered to be materially inaccurate;
|
0023| (c) if the prisoner commits a crime while
|
0024| incarcerated or receives a disciplinary infraction;
|
0025| (d) if the prisoner fails a drug screening
|
0001| test within ten days of the scheduled release; or
|
0002| (e) if the effect of a prisoner release
|
0003| will result in the loss of federal funds to any agency of the
|
0004| state.
|
0005| B. If a bill is introduced during a legislative
|
0006| session that proposes to create a new criminal offense, proposes
|
0007| the imposition of mandatory sentencing or proposes an increase to
|
0008| an existing sentence, the corrections department shall provide the
|
0009| legislature with:
|
0010| (1) a fiscal impact report for a period five
|
0011| years into the future; and
|
0012| (2) a report regarding the increased number of
|
0013| prison beds that will be needed for a period five years into the
|
0014| future.
|
0015| Section 17. [NEW MATERIAL] TERMINATION OF AGENCY LIFE--
|
0016| TRANSFER OF FUNCTIONS.--The corrections population control
|
0017| commission is terminated on June 30, 2003. On July 1, 2003, the
|
0018| secretary of corrections shall assume the duties and
|
0019| responsibilities of the commission.
|
0020| Section 18. TEMPORARY PROVISION.--
|
0021| A. Effective immediately, the secretary of corrections
|
0022| shall implement those provisions of the Corrections Population
|
0023| Control Act that provide for the release of nonviolent offender
|
0024| prisoners within one hundred eighty days of projected release.
|
0025| This release authorization shall be implemented by the secretary
|
0001| of corrections without regard to the creation of the corrections
|
0002| population control commission provided for in the Corrections
|
0003| Population Control Act and without regard to the procedural time
|
0004| frames provided for in that act.
|
0005| B. The provisions of this section shall remain in
|
0006| effect until July 1, 1997.
|
0007| Section 19. REPEAL.--Section 33-8-14 NMSA 1978 (being Laws
|
0008| 1981, Chapter 127, Section 14) is repealed.
|
0009| Section 20. APPLICABILITY.--The provisions of Sections 6
|
0010| through 9 of this act apply to persons convicted of a criminal
|
0011| offense committed on or after July 1, 1997. As to persons
|
0012| convicted of a criminal offense committed prior to July 1, 1997,
|
0013| the laws with respect to the vesting of meritorious deductions in
|
0014| effect at the time the offense was committed shall apply.
|
0015| Section 21. EFFECTIVE DATE.--The effective date of the
|
0016| provisions of Sections 6 through 9 of this act is July 1, 1997.
|
0017| Section 22. EMERGENCY.--It is necessary for the public
|
0018| peace, health and safety that this act take effect immediately.
|
0019|
|