RELATING TO CORRECTIONAL FACILITIES; INCREASING FEES FOR OUT-OF-STATE PRISONERS INCARCERATED IN PRIVATELY OPERATED CORRECTIONAL FACILITIES.

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

Section 1. Section 33-15-4 NMSA 1978 (being Laws 2001, Chapter 169, Section 4) is amended to read:

"33-15-4. CLASSIFICATION REVIEW OF OUT-OF-STATE INMATES IN PRIVATELY OPERATED CORRECTIONAL FACILITIES--ASSESSING A FEE.--

A. An out-of-state inmate shall not be incarcerated in a privately operated correctional facility in New Mexico unless the privately operated correctional facility is designed to meet or exceed the appropriate classification level for the out-of-state inmate.

B. The operator of a privately operated correctional facility that houses out-of-state inmates shall

pay a fee, on a quarterly basis, to the county in which the

privately operated correctional facility is located. The

amount of the fee shall be a minimum of two dollars ($2.00)

per inmate per day for each out-of-state inmate who is

incarcerated in the privately operated correctional

facility."