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AN ACT

RELATING TO CORRECTIONS; CLARIFYING THE DURATION OF CONTRACTS

FOR THE OPERATION OF A JAIL OR THE INCARCERATION OF

PRISONERS.

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

Section 1. Section 33-3-27 NMSA 1978 (being Laws 1984,

Chapter 22, Section 18, as amended) is amended to read:

"33-3-27. JAIL AGREEMENTS--APPROVAL--LIABILITY--

TERMINATION--VENUE.--

A. Agreements with a private independent

contractor for the operation of a jail or for the

incarceration of prisoners shall be made for a period of up

to five years, but those agreements may allow for additional

one-year or two-year extensions not to exceed a total of five

extensions. Agreements binding on future governing bodies

for construction, purchase or lease of a jail facility for

not more than fifteen years are authorized.

B. All agreements with private independent

contractors for the operation or provision and operation of

jails shall include a performance bond and be approved in

writing, prior to their becoming effective, by the local

government division of the department of finance and

administration and the office of the attorney general.

Disapproval may be based on any reasonable grounds, including

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adequacy or appropriateness of the proposed plan or

standards; suitability or qualifications of the proposed

contractor or the contractor's employees; absence of required

or desirable contract provisions; unavailability of funds; or

any other reasonable grounds. No agreement shall be valid or

enforceable without prior approval.

C. All agreements with private independent

contractors for the operation or provision and operation of

jails shall provide for the independent contractor to provide

and pay for training for jailers to meet minimum training

standards, which shall be specified in the contract.

D. All agreements with private independent

contractors for the operation or provision and operation of

jails shall set forth comprehensive standards for conditions

of incarceration, either by setting them forth in full as

part of the contract or by reference to known and respected

compilations of those standards.

E. All agreements with private independent

contractors for the operation or provision and operation of

jails shall be approved in writing, prior to their becoming

effective, by the risk management division of the general

services department. Approval shall be conditioned upon

contractual arrangements satisfactory to the risk management

division for:

(1) the contractor's assumption of all

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liability caused by or arising out of all aspects of the

provision and operation of the jail; and

(2) liability insurance covering the

contractor and its officers, jailers, employees and agents in

an amount sufficient to cover all liability caused by or

arising out of all aspects of the provision and operation of

the jail. A copy of the proposed insurance policy for the

first year shall be submitted for approval with the contract.

F. All agreements with private independent

contractors for the operation or provision and operation of

jails shall provide for termination for cause by the local

public body parties upon ninety days' notice to the

independent contractor. A termination shall be allowed for

at least the following reasons:

(1) failure of the independent contractor to

meet minimum standards and conditions of incarceration, which

standards and conditions shall be specified in the contract;

(2) failure to meet other contract

provisions when the failure seriously affects the operation

of the jail.

The reasons for termination set forth in this subsection

are not exclusive and may be supplemented by the parties.

G. Venue for the enforcement of any agreement

entered into pursuant to the provisions of this section shall

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be in the district court of the county in which the facility

is located or in Santa Fe county."