SENATE FINANCE COMMITTEE SUBSTITUTE FOR

SENATE BILL 96

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO VICTIM NOTIFICATION; ALLOWING A FEE ON TELECOMMUNICATIONS SERVICES PROVIDED TO INMATES IN CORRECTIONAL FACILITIES AND JAILS; CREATING THE VICTIM NOTIFICATION FUND; MAKING AN APPROPRIATION.

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

     SECTION 1. Section 33-14-1 NMSA 1978 (being Laws 2001, Chapter 33, Section 1 and Laws 2001, Chapter 115, Section 1) is amended to read:

     "33-14-1. CONTRACT TO PROVIDE INMATES WITH ACCESS TO TELECOMMUNICATIONS SERVICES IN A CORRECTIONAL FACILITY OR JAIL--CONDITIONS.--

          A. A contract to provide inmates with access to telecommunications services in a correctional facility or jail shall be negotiated and awarded to an entity that meets the correctional facility's or jail's technical and functional requirements for services and that provides the lowest cost of service to inmates or any person who pays for inmate [telecommunication] telecommunications services.

          B. A contract to provide inmates with access to telecommunications services in a correctional facility or jail shall not include a commission or other payment to the operator of the correctional facility or jail based upon amounts billed by the telecommunications provider for telephone calls made by inmates in the correctional facility or jail.

          C. A contract to provide inmates with access to telecommunications services in a correctional facility or jail may include a victim notification fee of no more than thirty-five cents ($.35) per telephone call. The victim notification fee shall be in addition to any other fees provided in the telecommunications services contract. The fee shall be collected by the telecommunications services provider and transmitted on a monthly basis to the state treasurer for credit to the victim notification fund. Contracts entered into pursuant to this section, including contracts concerning the administration of the victim notification fund, shall not be subject to the jurisdiction of the public regulation commission. No calls between inmates and their counsel shall be subject to the provisions of this subsection.

          [C.] D. As used in this section:

                (1) "correctional facility" means a state correctional facility or a privately operated correctional facility; and

                (2) "jail" means a county jail, a municipal jail or a privately operated jail."

     SECTION 2. [NEW MATERIAL] VICTIM NOTIFICATION FUND--CREATED--PURPOSE.--

          A. The "victim notification fund" is created in the state treasury to be administered by the administrative office of the district attorneys. The fund consists of victim notification fees collected pursuant to Section 33-14-1 NMSA 1978 and any gifts, appropriations, grants and donations. Earnings of the fund shall be credited to the fund. Unexpended or unencumbered balances remaining at the end of any fiscal year shall not revert to any other fund.

          B. Money in the victim notification fund is subject to appropriation to the administrative office of the district attorneys to pay ongoing fees to operate a statewide automated victim notification system, known as victim information and notification everyday.

          C. Payments from the victim notification fund shall be made upon vouchers issued and signed by the director of the administrative office of the district attorneys upon warrants drawn by the secretary of finance and administration.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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