SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 291

55th legislature - STATE OF NEW MEXICO - first session, 2021

 

 

 

 

 

 

 

AN ACT

RELATING TO CORRECTIONAL INSTITUTIONS; REQUIRING INSPECTIONS OF PRIVATELY AND PUBLICLY OPERATED CORRECTIONAL FACILITIES.

 

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

     SECTION 1. Section 33-15-1 NMSA 1978 (being Laws 2001, Chapter 169, Section 1) is amended to read:

     "33-15-1. SHORT TITLE.--[This act] Chapter 33, Article 15 NMSA 1978 may be cited as the "Privately and Publicly Operated Correctional Facilities Oversight Act"."

     SECTION 2. A new section of the Privately and Publicly Operated Correctional Facilities Oversight Act is enacted to read:

     "[NEW MATERIAL] INSPECTION OF PRIVATELY AND PUBLICLY OPERATED CORRECTIONAL FACILITIES--REPORTING--CORRECTIVE ACTION.--

          A. Each correctional facility is subject to inspection pursuant to this section, in addition to any other inspection required by law, at least once every two years and without prior notice. An inspection shall be performed by an inspector who is designated by the New Mexico legislative council and shall be a person who:

                (1) is of recognized judgment, independence, objectivity and integrity, and who shall be qualified by training or experience in corrections law and policy;

                (2) has not been an employee or independent contractor of a correctional facility, or the parent company of a facility in the case of a privately operated correctional facility, within the past two years; and

                (3) is not within two degrees of consanguinity of a person who has been an employee or independent contractor of a correctional facility, or the parent company of a facility in the case of a privately operated correctional facility, within the past two years.

          B. The inspector may inspect all reports, audits, records and complaints concerning the correctional facility. Upon presenting appropriate credentials to the owner, operator or agent in charge, the inspector shall be given reasonable access as necessary to inspect the correctional facility and privately interview the staff and inmates. During an inspection, the inspector shall also have reasonable access to all areas that are used by inmates and all areas that are accessible to inmates, and to programs for inmates at reasonable times, which at a minimum shall include normal working hours and visiting hours. Such access is for the purpose of:

                (1) providing information about individual rights and the services available at the facility;

                (2) monitoring compliance with respect to the rights and safety of inmates; and

                (3) inspecting, viewing, photographing and video recording all areas of the facility that are used by inmates or are accessible to inmates.

          C. The correctional facility shall reimburse the inspector for the reasonable costs of the inspection. An inspection shall include:

                (1) a review of any reports, audits, records or complaints concerning the correctional facility; and

                (2) on-site inspections of the facility.

          D. The inspector shall provide a report of each inspection to the appropriate interim legislative committee, the attorney general, the secretary and the correctional facility that is the subject of the inspection no later than thirty days after the completion of an inspection. The attorney general and the correctional facility that is the subject of the inspection shall post the reports with any confidential information redacted on their public websites within thirty days of receiving the report. An inspection report shall include:

                (1) information gathered from private and confidential interviews with inmates and staff of the correctional facility;

                (2) an evaluation of the availability, quality and accessibility of medical and mental health services;

                (3) an evaluation of whether the correctional facility is meeting its contractual requirements;

                (4) key demographic information concerning inmates as determined by the inspector;

                (5) other considerations as determined by the inspector if the correctional facility houses children;

                (6) an evaluation of the systems of inmate physical restraint, isolation, discipline, classification, retaliation and management; and

                (7) an evaluation of the adequacy of the training of staff, administrators and wardens.

          E. Within thirty days after the completion of the inspection report, the inspector shall make a determination as to whether corrective action is necessary. Upon a determination that corrective action is necessary, an inspector shall issue a corrective action plan to the attorney general, the secretary and the correctional facility. A correctional facility that is issued a corrective action plan shall have up to six months to implement the required corrective action. At the end of the six-month period, the inspector shall conduct a follow-up inspection of the correctional facility to determine if the correctional facility has taken sufficient corrective action. If the inspector determines that a correctional facility has not sufficiently met the requirements set forth in a corrective action plan after the follow-up inspection, the inspector shall refer the correctional facility to the attorney general and the secretary for enforcement of the corrective action plan, including the assessment of fines."

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