HOUSE BILL 511

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Edward C. Sandoval

AN ACT

RELATING TO MENTAL IMPAIRMENT; REQUIRING TRAINING IN CRISIS MANAGEMENT AND INTERACTIONS WITH PERSONS WITH MENTAL IMPAIRMENTS FOR CORRECTIONAL OFFICERS, JAILERS AND FIREFIGHTERS.

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

     SECTION 1. Section 33-1-11 NMSA 1978 (being Laws 1981, Chapter 132, Section 2, as amended) is amended to read:

     "33-1-11. CORRECTIONAL OFFICER QUALIFICATIONS--REQUIRED TRAINING.--

          A. Members of the corrections department correctional officer force, excluding correctional specialists, shall:

                [A.] (1) at the time of their appointment, be citizens of the United States;

                [B.] (2) at the time of their appointment, have reached age of majority;

                [C.] (3) have at least a high school education or its equivalent;

                [D.] (4) be of good moral character and not have been convicted of a felony or any infamous crime in the courts of this or any other state or in the federal courts; [and

                E.] (5) successfully pass any physical and aptitude examination the department may require; and

                (6) successfully complete training courses on crisis management and interactions with persons with mental impairments as provided in this section.

          B. A minimum of forty hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, shall be included in the training required for newly hired correctional officers covered by this section. A pre-recorded course on crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, shall not satisfy this requirement.

          C. A minimum of two hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments in-service training, shall be completed during each twenty-four-month period of employment by correctional officers covered by this section.

          D. As used in this section, "mental impairment" includes a mental illness, developmental disability, posttraumatic stress disorder, dual diagnosis, autism, youth in crisis and traumatic brain injury."

     SECTION 2. Section 33-3-28 NMSA 1978 (being Laws 1984, Chapter 22, Section 19, as amended) is amended to read:

     "33-3-28. JAILERS--PEACE OFFICER POWERS--REQUIRED TRAINING.--

          A. Jailers and any employee of a local jail who has, at the particular time, the principal duty to hold in custody any person accused or convicted of a criminal offense or placed in the legal custody or supervision of a local jail shall have the power of a peace officer with respect to arrests and enforcement of laws when on the premises of a local jail, while transporting a person committed to or under the supervision of a local jail, while supervising any person committed to or under the supervision of a local jail anywhere within the state or when engaged in any effort to pursue or apprehend such a person. No jailer shall be convicted or held liable for any act performed pursuant to this subsection if a peace officer could lawfully have performed the same act in the same circumstance. Jailers, while acting within the scope of such law enforcement duties, shall be deemed law enforcement officers for purposes of the Tort Claims Act; provided that coverage of liability of jailers employed by private independent contractors shall be made by the independent contractor.

          B. A minimum of forty hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, shall be included in the training required for newly hired jailers. A pre-recorded course on crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, shall not satisfy this requirement.

          C. Jailers shall complete a minimum of two hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments in-service training during each twenty-four-month period of employment.

          [B.] D. Jailers who are employees of an independent contractor shall not be required to attend the basic training program for law enforcement officers at the New Mexico law enforcement academy.

          [C.] E. Crimes against a jailer, including those persons employed by an independent contractor, shall be deemed the same crimes and shall bear the same penalties as crimes against a peace officer.

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

                (1) "jailer" means any employee of a local jail who has inmate custodial responsibilities, including those persons employed by private independent contractors who have been designated as jailers by the sheriff; [and]

                (2) "local jail" means a facility operated by a county, municipality or combination of such local governments or by a private independent contractor pursuant to an agreement with a county, municipality or combination of such local governments and used for the confinement of persons charged with or convicted of violation of a law or ordinance; and

                (3) "mental impairment" includes a mental illness, developmental disability, posttraumatic stress disorder, dual diagnosis, autism, youth in crisis and traumatic brain injury."

     SECTION 3. Section 59A-52-6 NMSA 1978 (being Laws 1984, Chapter 127, Section 952) is amended to read:

     "59A-52-6. FIRE PROTECTION AND CRISIS MANAGEMENT TRAINING PROGRAMS.--

          A. The marshal shall establish and conduct training programs throughout the state for demonstrating and teaching [firemen] firefighters proper methods of preventing and extinguishing fires. The marshal shall have available, from funds included in the general appropriation act of each legislature, money for use by [him] the marshal in establishing and conducting such training programs.

          B. A minimum of forty hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, shall be included in the training required for newly hired firefighters. A pre-recorded course on crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, shall not satisfy this requirement.

          C. Firefighters shall complete a minimum of two hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments in-service training during each twenty-four-month period of employment. 

          D. As used in this section, "mental impairment" includes a mental illness, developmental disability, posttraumatic stress disorder, dual diagnosis, autism, youth in crisis and traumatic brain injury."

     SECTION 4. TEMPORARY PROVISION--IMMEDIATE TRAINING REQUIRED.--Correctional officers, jailers and firefighters who were hired and completed initial required training prior to July 1, 2013 shall complete a minimum of forty hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, no later than July 1, 2014.

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

- 7 -