HOUSE BILL 989

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

INTRODUCED BY

W. Ken Martinez

AN ACT

RELATING TO PRIVATELY OWNED CORRECTIONAL FACILITIES; PROVIDING THAT A FEDERAL INMATE INCARCERATED IN A PRIVATE FACILITY WITHIN THIS STATE IS AN "OUT-OF-STATE INMATE" FOR PURPOSES OF THE PRIVATELY OPERATED CORRECTIONAL FACILITIES OVERSIGHT ACT.

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

     Section 1. Section 33-15-2 NMSA 1978 (being Laws 2001, Chapter 169, Section 2) is amended to read:

     "33-15-2. DEFINITIONS.--As used in the Privately Operated Correctional Facilities Oversight Act:

          A. "out-of-state inmate" means a person incarcerated in a privately operated correctional facility within this state who is being incarcerated on behalf of the federal government, a state other than [New Mexico] this state or a governmental entity whose jurisdiction is outside [the] this state [of New Mexico]. "Out-of-state inmate" does not include a person who is being incarcerated on behalf of an Indian nation, tribe or pueblo whose lands are located wholly or partially within [New Mexico, or on behalf of the United States] this state;

          B. "privately operated correctional facility" means a correctional facility or jail that has all or substantially all of its security operations performed by persons employed by, or engaged by, a private entity to perform security functions; and

          C. "secretary" means the secretary of corrections or his designee."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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