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

MAKING AN APPROPRIATION TO THE CORRECTIONS DEPARTMENT TO ASSESS THE NEED FOR AND RELATIVE ADVANTAGES AND DISADVANTAGES OF OPTIONS FOR FINANCING, CONSTRUCTING, OWNERSHIP AND OPERATION OF CORRECTIONAL FACILITIES.

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

Section 1. APPROPRIATION.--

A. Eighty thousand dollars ($80,000) is appropriated from the general fund to the corrections department for expenditure in fiscal years 2002 and 2003 to develop options and assess, contrast and report on the relative advantages or disadvantages of the options, including private or public ownership, operation, construction or financing of correctional facilities.

B. The assessment shall address the following factors:

(1) whether there is a need for one or more correctional facilities;

(2) the timetable for the need;

(3) the number of beds determined needed for the correctional facility;

(4) the configuration of the correctional facility as it relates to the custody level or classification level of the beds;

(5) the location of the correctional facility, including the labor market and wage rate in the various locations;

(6) the support services for the correctional facility; or

(7) the programs for the correctional facility.

C. For each correctional facility needed, two assessments shall be made, one for public ownership and operation and one for private ownership and operation of the facility. The assessments shall include the relative advantages and disadvantages of each feasible option, including public or private financing and construction.

D. The assessments shall be completed prior to December 31, 2002, and a report shall be submitted to the governor, secretary of corrections, president pro tempore of the senate and speaker of the house of representatives. A report shall be given to an appropriate legislative interim committee no later than the committee's meeting in November 2002.

E. Any unexpended or unencumbered balance remaining at the end of fiscal year 2003 shall revert to the general fund.

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.