HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 545

47th legislature - STATE OF NEW MEXICO - first session, 2005

AN ACT

RELATING TO CORRECTIONS; PROVIDING NATIVE AMERICAN INMATE PLACEMENT CRITERIA; LIMITING OUT-OF-STATE PLACEMENT FOR NATIVE AMERICAN INMATES.

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

     Section 1. NATIVE AMERICAN INMATE PLACEMENT CRITERIA--ASSIGNMENT OF NATIVE AMERICAN INMATES.--

          A. In determining the appropriate out-of-state transfer of a Native American inmate by the corrections department, the cultural and spiritual needs of the Native American inmate and the location of the Native American inmate's family or other social, spiritual or cultural support system shall be taken into consideration.

          B. A Native American who is an inmate in a correctional facility in New Mexico shall not be transferred to a correctional facility outside New Mexico unless:

                (1) the secretary of corrections or the secretary's designee makes a specific finding that there is no suitable correctional facility available in New Mexico for the placement of the Native American inmate; or

                (2) the Native American inmate voluntarily consents to placement in a correctional facility outside New Mexico.

          C. As used in this section:

                (1) "correctional facility" includes a privately owned or operated correctional facility; and

                (2) "Native American" means a person who is an enrolled member of an Indian nation, pueblo or tribe with a geographical presence in New Mexico.

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