44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO CORRECTIONS; CREATING A JOINT INTERIM LEGISLATIVE CORRECTIONS OVERSIGHT COMMITTEE; MAKING AN APPROPRIATION.

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

Section 1. CORRECTIONS OVERSIGHT COMMITTEE CREATED--

TERMINATION.--There is created a joint interim legislative committee which 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 first session of the forty-seventh legislature.

Section 2. MEMBERSHIP--APPOINTMENT--VACANCIES.--

A. The corrections oversight committee shall be composed of six members. Three members of the house of representatives shall be appointed by the speaker of the house of representatives. Three 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 the same proportional 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.

Section 3. 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) monitor other issues related to the operation of public and private correctional facilities; and

(3) 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. 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 4. 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.

Section 5. 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 6. STAFF.--The legislative council service may contract for staff services for the corrections oversight committee.

Section 7. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund 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 general fund.