45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CORRECTIONS; PROVIDING FOR FIVE-YEAR AGREEMENTS FOR PRIVATE INDEPENDENT JAIL CONTRACTORS.

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

Section 1. Section 33-3-27 NMSA 1978 (being Laws 1984, Chapter 22, Section 18) is amended to read:

"33-3-27. JAIL AGREEMENTS--APPROVAL--LIABILITY--TERMINATION--VENUE.--

A. [No agreement] Agreements with a private independent contractor for the operation of a jail or for the incarceration of prisoners therein shall be made for a period of [more than three years] five years, but such agreements may allow for additional one-year extensions not to exceed a total of five extensions. Agreements binding on future governing bodies for construction, purchase or lease of a jail facility for not more than fifteen years are [hereby] authorized.

B. All agreements with private independent contractors for the operation or provision and operation of jails [must] shall include a performance bond and be approved in writing, prior to their becoming effective, by the local government division of the department of finance and administration and the office of the attorney general. Disapproval may be based on any reasonable grounds, including but not limited to adequacy or appropriateness of the proposed plan or standards; suitability or qualifications of the proposed contractor or his employees; absence of required or desirable contract provisions; unavailability of funds; or any other reasonable grounds whatsoever, whether like or unlike the foregoing. No agreement shall be valid or enforceable without [such] prior approval.

C. All agreements with private independent contractors for the operation or provision and operation of jails shall provide for the independent contractor to provide and pay for training for jailers to meet minimum training standards which shall be specified in the contract.

D. All agreements with private independent contractors for the operation or provision and operation of jails shall set forth comprehensive standards for conditions of incarceration, either by setting them forth in full as part of the contract or by reference to known and respected compilations of such standards.

E. All agreements with private independent contractors for the operation or provision and operation of jails [must] shall be approved in writing, prior to their becoming effective, by the risk management division of the general services department. Approval shall be conditioned upon contractual arrangements satisfactory to the risk management division for:

(1) the contractor's assumption of all liability caused by or arising out of all aspects of the provision and operation of the jail; and

(2) liability insurance covering the contractor and its officers, jailers, employees and agents in an amount sufficient to cover all liability caused by or arising out of all aspects of the provision and operation of the jail. A copy of the proposed insurance policy for the first year shall be submitted for approval with the contract.

F. All agreements with private independent contractors for the operation or provision and operation of jails shall provide for termination for cause by the local public body parties upon ninety days' notice to the independent contractor. Such termination shall be allowed for at least the following reasons:

(1) failure of the independent contractor to meet minimum standards and conditions of incarceration, which standards and conditions shall be specified in the contract; or

(2) failure to meet other contract provisions when such failure seriously affects the operation of the jail.

The reasons for termination set forth in this subsection are not exclusive and may be supplemented by the parties.

G. Venue for the enforcement of any agreement entered into pursuant to the provisions of this [act] section shall be in the district court of the county in which the facility is located or in Santa Fe county."