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AN ACT
RELATING TO CORRECTIONS; INCREASING STAFFING LEVELS;
UPGRADING THE INMATE CLASSIFICATION SYSTEM, THE CRIMINAL
MANAGEMENT INFORMATION SYSTEM AND AUDITING OF CONTRACTS FOR
CORRECTIONAL SERVICES; INCREASING SALARIES FOR CORRECTIONAL
OFFICERS; CREATING A JOINT INTERIM LEGISLATIVE CORRECTIONS
OVERSIGHT COMMITTEE; MAKING APPROPRIATIONS; DECLARING AN
EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. FINDINGS--APPROPRIATIONS TO THE CORRECTIONS
DEPARTMENT.--
A. The legislature finds that "The Consultants'
Report on Prison Operations in New Mexico Correctional
Institutions", dated January 14, 2000, is a comprehensive
work that sets forth viable solutions to problems that have
plagued the correctional system for years. The report
includes recommendations offered by the consultants as a
guide to improving corrections operations in New Mexico. The
legislature also finds that those recommendations include
suggestions that should be implemented immediately, matters
that should be studied carefully in preparation for
implementation during the 2001 legislative session and,
finally, systemic recommendations that will evolve over the
course of several years. Therefore, the legislature finds it
is necessary to appropriate money for the consultants'
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recommendations that must be implemented immediately,
including funding for an improved inmate classification
system, funding for increased efforts to reduce gang
influence in correctional facilities, funding for improved
auditing of private vendors who provide correctional services
to the state, funding to provide salary increases for
correctional officers and funding to renovate the
penitentiary of New Mexico south identically or substantially
similar to its current design and security features for use
as a close-custody facility.
B. The legislature further finds that the
consultants' report advises the state to immediately address
the possibility of renegotiating the contracts for the Lea
county and Guadalupe county facilities. The parties to the
contracts are strongly urged to heed that specific
recommendation.
C. The following amounts are appropriated from the
general fund to the corrections department for expenditure in
fiscal years 2000 and 2001 for the following purposes:
(1) fifty thousand dollars ($50,000) to
perform an inmate classification study and to implement
changes to the inmate classification system;
(2) sixty-six thousand six hundred dollars
($66,600) to pay salaries and benefits for two additional
full-time employees for the bureau of classification at the
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central New Mexico correctional facility;
(3) four hundred eighty-six thousand two
hundred dollars ($486,200) to pay salaries and benefits for
fourteen additional full-time employees to serve as security
threat group officers;
(4) ninety thousand seven hundred dollars
($90,700) to provide salaries and benefits for two additional
full-time employees to serve as compliance auditors who audit
private contracts entered into by the state for correctional
services;
(5) one hundred seventy thousand three
hundred dollars ($170,300) to provide salaries and benefits
for three additional full-time employees to support the
criminal management information system; and
(6) six hundred fifty-four thousand seven
hundred dollars ($654,700) to provide a salary upgrade for
correctional officers.
D. Any unexpended or unencumbered balance
remaining at the end of fiscal year 2001 shall revert to the
general fund.
Section 2. CORRECTIONS OVERSIGHT COMMITTEE CREATED--
TERMINATION.--There is created a joint interim legislative
committee that shall be known as the "corrections oversight
committee". The committee shall function from the date of
its appointment until the first day of December prior to the
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first session of the forty-seventh legislature.
Section 3. MEMBERSHIP--APPOINTMENT--VACANCIES.--
A. The corrections oversight committee shall be
composed of eight members. Four members of the house of
representatives shall be appointed by the speaker of the
house of representatives. Four members of the senate shall
be appointed by the senate committees' committee or, if the
senate appointments are made in the interim, by the president
pro tempore of the senate after consultation with and
agreement of a majority of the members of the senate
committees' committee.
B. Members shall be appointed from each house so
as to give the two major political parties in each house
equal representation on the corrections oversight committee
as prevails in each house. However, in no event shall either
party have less than one member from each house on the
committee. The speaker of the house of representatives and
the president pro tempore of the senate shall each appoint a
co-chairman of the committee.
C. A vacancy on the corrections oversight
committee shall be filled by appointment in the same manner
as the original appointment.
D. No action shall be taken by the corrections
oversight committee if a majority of the total membership
from either house on the committee rejects the action.
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Section 4. DUTIES--SUBPOENA POWER--COOPERATION.--
A. After its appointment, the corrections
oversight committee shall hold one organizational meeting to
develop a work plan and budget for the ensuing interim. The
work plan and budget shall be submitted to the New Mexico
legislative council for approval.
B. Upon approval of the work plan and budget by
the New Mexico legislative council, the corrections oversight
committee shall:
(1) oversee implementation of the
recommendations set forth in the January 14, 2000 document
entitled "The Consultants' Report on Prison Operations in New
Mexico Correctional Institutions";
(2) assess the feasibility of expanding
community corrections programming as a means to reduce the
inmate population;
(3) monitor other issues related to the
operation of public and private correctional facilities; and
(4) recommend legislation or changes, if
they are found to be necessary, to the legislature.
C. The corrections oversight committee shall have
the power to conduct hearings and to administer oaths. The
committee shall have the power to subpoena, which may be
enforced through any district court of the state. The
subpoena power shall be used only upon approval by a majority
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of committee members, shall be related to the committee's
powers and duties specified in this section and shall be
within the scope of the January 14, 2000 document entitled
"The Consultants' Report on Prison Operations in New Mexico
Correctional Institutions". Service of committee process
shall be made by any sheriff or any member of the New Mexico
state police and shall be served without cost to the
committee.
D. The corrections department and every other
state agency and political subdivision of the state shall,
upon request, furnish and make available to the corrections
oversight committee documents, material or information
requested by the members of the committee or its staff.
Section 5. SUBCOMMITTEES.--
A. Subcommittees shall be created only by majority
vote of all members appointed to the corrections oversight
committee and with the prior approval of the New Mexico
legislative council. A subcommittee shall be composed of at
least one member from the senate and one member from the
house of representatives, and at least one member of the
minority party shall be a member of the subcommittee.
B. All meetings and expenditures of a subcommittee
shall be approved by the full corrections oversight committee
in advance of subcommittee meetings or expenditures, and the
approval shall be shown in the minutes of the committee.
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Section 6. REPORT.--The corrections oversight committee
shall make a report of its findings and recommendations for
the consideration of the first session of the forty-fifth
legislature; the second session of the forty-fifth
legislature; the first session of the forty-sixth
legislature; the second session of the forty-sixth
legislature; and the first session of the forty-seventh
legislature. The reports and suggested legislation shall be
made available to the New Mexico legislative council on or
before December 15 preceding each session.
Section 7. STAFF.--The staff for the corrections
oversight committee shall be provided by the legislative
council service. The legislative council service may also
contract for staff services for the corrections oversight
committee.
Section 8. APPROPRIATION.--One hundred thousand dollars
($100,000) is appropriated from the cash balances of the
legislative council service to the legislative council
service for expenditure in fiscal years 2000 and 2001 for the
operation of and staffing of the corrections oversight
committee. Any unexpended or unencumbered balance remaining
at the end of fiscal year 2001 shall revert to the cash
balances of the legislative council service.
Section 9. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect
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immediately.