45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO CORRECTIONS; ENACTING THE CORRECTIONS POPULATION CONTROL ACT; ESTABLISHING THE CORRECTIONS POPULATION CONTROL COMMISSION; PROVIDING FOR THE DUTIES AND AUTHORITY OF THE COMMISSION; PROVIDING MECHANISMS FOR ADDRESSING INMATE OVERCROWDING; ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.

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

Section 1. SHORT TITLE.--This act may be cited as the "Corrections Population Control Act".

Section 2. FINDINGS--PURPOSE.--

A. The legislature finds that:

(1) for many years, the state of New Mexico has experienced difficulty in managing the size of its inmate population. Often, the number of beds has been insufficient to accommodate the inmate population committed or detained in correctional facilities;

(2) an overcrowded inmate population was a major cause of the disturbance that erupted at the penitentiary of New Mexico in 1980;

(3) a permanent solution to the overcrowded inmate population must be established to ensure that the corrections department is able to effectively operate its facilities and to mitigate public safety concerns;

(4) although the corrections department is responsible for the operation of correctional facilities, it cannot resolve the problem of overcrowding by itself. The department has no control over the admission of inmates into its facilities and has only limited control over the release of inmates from its facilities; and

(5) a permanent solution to the overcrowded inmate population requires participation, commitment and cooperation by the legislative, judicial and executive branches of government and all criminal justice agencies.

B. The purpose of the Corrections Population Control Act is to establish a corrections population control commission that shall operate as an autonomous, nonpartisan body. The commission shall develop and implement mechanisms to prevent the inmate population from exceeding the rated capacity of correctional facilities and shall take appropriate action when necessary to effect the reduction of the inmate population.

Section 3. DEFINITIONS.--As used in the Corrections Population Control Act:

A. "commission" means the corrections population control commission;

B. "female correctional facilities" means:

(1) the women's correctional facility, located in Grants; and

(2) any other female correctional facility so designated by the corrections department;

C. "male correctional facilities" means:

(1) the penitentiary of New Mexico, located in Santa Fe;

(2) the central New Mexico correctional facility, located in Los Lunas;

(3) the southern New Mexico correctional facility, located in Las Cruces;

(4) the western New Mexico correctional facility, located in Grants;

(5) the Roswell correctional facility, located in Hagerman;

(6) the Guadalupe county correctional facility, located in Santa Rosa;

(7) the Lea county correctional facility, located in Hobbs; and

(8) any other male correctional facility so designated by the corrections department;

D. "nonviolent offender" means a person convicted of possession of a controlled substance, pursuant to the provisions of Section 30-31-23 NMSA 1978; and

E. "rated capacity" means the actual general population bed space, including only individual cells and areas designed for the long-term housing of inmates, available in female correctional facilities or male correctional facilities as certified by the secretary of corrections and subject to applicable state and federal law.

Section 4. COMMISSION--CREATION--MEMBERSHIP.--

A. The "corrections population control commission" is created.

B. The commission shall be composed of:

(1) the secretary of corrections, who shall serve as chairman;

(2) a member appointed by the New Mexico supreme court;

(3) a member appointed by the speaker of the house of representatives;

(4) a member appointed by the president pro tempore of the senate;

(5) a member appointed by the minority leader of the house of representatives;

(6) a member appointed by the minority leader of the senate; and

(7) a member appointed by the governor.

C. A majority of the members of the commission constitutes a quorum for the transaction of commission business.

D. The members of the commission shall be paid pursuant to the provisions of the Per Diem and Mileage Act and shall receive no other perquisite, compensation or allowance.

Section 5. COMMISSION--DUTIES--ANNUAL REPORT.--

A. The commission shall study, develop and recommend policies and mechanisms designed to manage the growth of the inmate population by:

(1) reviewing corrections department models to forecast projected growth in the inmate population;

(2) providing information concerning impacts on the inmate population caused by changes in sentencing policies and law enforcement policies;

(3) analyzing the need for future construction of additional correctional facilities;

(4) if necessary, preparing proposed legislation to further implementation of its policy recommendations; and

(5) considering all of its recommendations in light of public safety concerns.

B. The commission shall submit an annual report of its activities and legislative proposals to the interim legislative committee with jurisdiction over corrections issues. The report shall be filed with the interim legislative committee no later than November 1 of each year.

C. The commission staff support shall be provided by the corrections department.

Section 6. OVERCROWDING--POPULATION CONTROL MECHANISM--PROCEDURES.--When the inmate population of female correctional facilities or male correctional facilities exceeds one hundred twelve percent of rated capacity on or before June 30, 2003 or one hundred percent of rated capacity after June 30, 2003, for a period of thirty consecutive days, the following measures shall be taken to reduce capacity:

A. the corrections department shall engage in all lawful and professionally appropriate efforts to reduce the inmate population to one hundred twelve percent or one hundred percent of rated capacity as applicable, including in-state and out-of-state inmate transfers;

B. if inmate population is still in excess of one hundred twelve percent or one hundred percent rated capacity as applicable after sixty consecutive days, the secretary of corrections shall notify the commission. Included in the notification shall be a list of nonviolent offenders who are within one hundred eighty days of their projected release date;

C. the commission shall convene within ten days to consider the release of nonviolent offenders on the list provided by the corrections department. The commission shall also discuss with the corrections department the impact on population of possible changes in the classification system and expanding incarceration alternatives;

D. for nonviolent offenders approved by the commission for release, the commission shall grant emergency release credits in ten-day increments that will be applied to the sentences being served by the nonviolent offenders. The commission shall order release of the appropriate number of nonviolent offenders to reduce the inmate population to the applicable rated capacity; and

E. notwithstanding any other provisions of this section, a nonviolent offender shall not be released:

(1) unless the nonviolent offender has a parole plan pursuant to applicable parole board regulations and the parole plan includes a requirement that the nonviolent offender participate in a drug treatment program following his release;

(2) if the information concerning the nonviolent offender is discovered to be materially inaccurate;

(3) if the nonviolent offender committed a crime or received a disciplinary infraction while incarcerated;

(4) if the nonviolent offender fails a drug screening test within ten days of his scheduled release; or

(5) if the effect of releasing nonviolent offenders will result in the loss of federal funds to any agency of the state.

Section 7. TERMINATION OF AGENCY LIFE--TRANSFER OF FUNCTIONS.--The corrections population control commission is terminated on June 30, 2007. On July 1, 2007, the secretary of corrections shall assume the duties and responsibilities of the commission.

Section 8. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.