HOUSE BILL 253

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Eliseo Lee Alcon and Debbie A. Rodella

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, 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) create a rebuttable presumption of 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 June 30, 2017, 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 rebuttable presumption of posttraumatic stress disorder diagnosis to confirm eligibility for compensation if the secretary of corrections determines a review is necessary;

                     (f) require a waiver and release from further claims against the state 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 application substantiates that the correctional officer or the officer's estate has successfully completed an application pursuant to this section, the secretary shall pay to the correctional officer, a personal representative or other appropriate person one hundred thousand dollars ($100,000).

     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 years 2017 and 2018 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 2018 shall revert to the general fund.

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