HOUSE BILL 435

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Eliseo Lee Alcon

AN ACT

RELATING TO CORRECTIONS; PROVIDING FOR COMPENSATION FOR PENITENTIARY OF NEW MEXICO CORRECTIONAL OFFICERS WHO ARE OR WERE SUFFERING FROM POSTTRAUMATIC STRESS DISORDER RESULTING FROM THEIR INVOLVEMENT IN AND EXPERIENCE DURING THE FEBRUARY 1980 PENITENTIARY RIOT; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] CORRECTIONAL OFFICERS--1980 PRISON RIOT--POSTTRAUMATIC STRESS DISORDER--COMPENSATION--APPROPRIATION.--

          A. A correctional officer who was employed and physically present at the penitentiary of New Mexico during the riot that occurred from February 2 to February 4, 1980, or, if deceased, the deceased's personal representative or other appropriate person as determined by the secretary of corrections, and who has been or was diagnosed with posttraumatic stress disorder resulting from the officer's involvement in and experience during the riot, may be entitled to compensation as provided in this section.

          B. The corrections department shall:

                (1) identify surviving correctional officers, or, if any are deceased, the deceased's personal representative or other appropriate person as determined by the secretary of corrections, who were physically present at the penitentiary of New Mexico at the beginning of the riot and who were involved in and experienced any aspect of the riot;

                (2) provide those correctional officers identified or personal representatives or other appropriate persons with notice of their potential eligibility for compensation as provided in this section; and

                (3) create an application process and form that shall:

                     (a) require information necessary to establish the correctional officer's identity and the officer's presence at the penitentiary of New Mexico during the riot;

                     (b) provide details of any compensation that the correctional officer or the officer's estate received from the officer's involvement in and experience during the riot;

                     (c) require a certified diagnosis from an appropriate licensed health care provider that the correctional officer is currently suffering from or suffered from posttraumatic stress disorder as a result of the officer's involvement and experience during the riot;

                     (d) set a reasonable deadline, but no later than December 31, 2015, for a correctional officer or other person receiving notice of potential eligibility for compensation to submit an application to the secretary of corrections for compensation pursuant to this section;

                     (e) establish a method of independent review of the posttraumatic stress disorder diagnosis to confirm eligibility for compensation;

                     (f) require a waiver and release from further claims against the state for a correctional officer's involvement in and experience during the riot if the correctional officer or other person receives compensation pursuant to this section; and

                     (g) provide for an informal hearing at which a correctional officer applicant, a personal representative or other appropriate person may be represented by counsel or other person of the applicant's choice if the secretary of corrections decides that more information from the applicant is needed before the secretary can make a decision on the application.

          C. If the secretary of corrections decides that the diagnosis submitted with the application substantiates that the correctional officer is currently suffering from or suffered from posttraumatic stress disorder resulting from the officer's involvement in and experience during the riot and that the application is appropriate in all other respects, the secretary shall pay to the correctional officer, a personal representative or other appropriate person one hundred thousand dollars ($100,000); provided that if the correctional officer or the officer's estate received any compensation for the officer's involvement in and experience during the riot, the payment amount shall be reduced to the difference between the amount that the officer previously received and one hundred thousand dollars ($100,000), but if the previous compensation was greater than one hundred thousand dollars ($100,000), no payment shall be made.

     SECTION 2. APPROPRIATION.--One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the corrections department for expenditure in fiscal year 2016 to carry out the purposes of Section 1 of this act; provided that no more than one hundred thousand dollars ($100,000) shall be used for administration. Any unexpended or unencumbered balance remaining at the end of fiscal year 2016 shall revert to the general fund.

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