SENATE BILL 872

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

INTRODUCED BY

Joseph A. Fidel

AN ACT

RELATING TO CORRECTIONS; CHANGING THE DEFINITION OF "OUT-OF-STATE INMATE".

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 a state other than New Mexico or a governmental entity whose jurisdiction is outside the state of New Mexico. "Out-of-state inmate" does not include a person who is being incarcerated on behalf of an Indian tribe or pueblo whose lands are located wholly or partially within New Mexico [or on behalf of the United States];

          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] the secretary's designee."

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