0001| HOUSE BILL 123
|
0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
|
0003| 1996
|
0004| INTRODUCED BY
|
0005| JERRY LEE ALWIN
|
0006|
|
0007|
|
0008|
|
0009| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
|
0010|
|
0011| AN ACT
|
0012| RELATING TO CORRECTIONS; PROVIDING EXPRESS STATUTORY AUTHORITY
|
0013| FOR THE PRIVATE OPERATION OF ANY ADULT CORRECTIONAL FACILITY;
|
0014| AMENDING A SECTION OF THE NMSA 1978.
|
0015|
|
0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. Section 33-1-17 NMSA 1978 (being Laws 1985,
|
0018| Chapter 149, Section 1, as amended) is amended to read:
|
0019| "33-1-17. PRIVATE CONTRACT.--
|
0020| A. The corrections department may contract for the
|
0021| operation of any adult [female] facility or for housing adult
|
0022| [female] inmates in a private facility with a person or entity
|
0023| in the business of providing correctional or jail services to
|
0024| government entities.
|
0025| B. The corrections department may contract with a
|
0001| person or entity in the business of providing correctional or
|
0002| jail services to government entities for:
|
0003| (1) a correctional facility in Guadalupe county
|
0004| of not less than five hundred fifty and not more than two
|
0005| thousand two hundred beds;
|
0006| (2) a correctional facility in Lea, Chaves or
|
0007| Santa Fe county of not less than one thousand two hundred and
|
0008| not more than two thousand two hundred beds;
|
0009| (3) design and construction of a support
|
0010| services building, a laundry and an infirmary at the
|
0011| penitentiary of New Mexico in Santa Fe; or
|
0012| (4) construction of a public facility to house
|
0013| a special incarceration alternative program for adult male and
|
0014| adult female felony offenders.
|
0015| C. The authorization in Subsection B of this section
|
0016| for a correctional facility in Guadalupe county and a
|
0017| correctional facility in Lea, Chaves or Santa Fe county is
|
0018| contingent upon construction of both facilities, so that one of
|
0019| the facilities shall not be constructed unless both of the
|
0020| facilities are constructed, as nearly as practicable,
|
0021| simultaneously.
|
0022| D. The corrections department shall solicit
|
0023| proposals and award any contract under this section in
|
0024| accordance with the provisions of the Procurement Code. The
|
0025| contract shall include such terms and conditions as the
|
0001| corrections department may require after consultation with the
|
0002| general services department; provided that the terms and
|
0003| conditions shall include provisions:
|
0004| (1) setting forth comprehensive standards for
|
0005| conditions of incarceration;
|
0006| (2) that the contractor assumes all liability
|
0007| caused by or arising out of all aspects of the provision or
|
0008| operation of the facility;
|
0009| (3) for liability insurance or other proof of
|
0010| financial responsibility acceptable to the general services
|
0011| department covering the contractor and its officers, employees
|
0012| and agents in an amount sufficient to cover all liability caused
|
0013| by or arising out of all aspects of the provision or operation
|
0014| of the facility;
|
0015| (4) for termination for cause upon ninety days'
|
0016| notice to the contractor for failure to meet contract provisions
|
0017| when such failure seriously affects the availability or
|
0018| operation of the facility;
|
0019| (5) that venue for the enforcement of the
|
0020| contract shall be in the district court for Santa Fe county;
|
0021| (6) that continuation of the contract is
|
0022| subject to the availability of funds; and
|
0023| (7) that compliance with the contract shall be
|
0024| monitored by the corrections department and the contract may be
|
0025| terminated for noncompliance.
|
0001| E. When the contractor begins operation of a
|
0002| facility for which private contractor operation is authorized,
|
0003| his employees performing the functions of correctional officers
|
0004| shall be deemed correctional officers for the purposes of
|
0005| Sections 33-1-10 and 33-1-11 NMSA 1978 but for no other purpose
|
0006| of state law, unless specifically stated.
|
0007| F. Any contract awarded pursuant to this section may
|
0008| include terms to provide for the renovation of the facility or
|
0009| for the construction of new buildings. Work performed pursuant
|
0010| to such terms and conditions shall not be considered a capital
|
0011| project as defined in Section 15-3-23.3 NMSA 1978 or a state
|
0012| public works project as defined in Section 13-1-91 NMSA 1978 nor
|
0013| shall it be subject to the requirements of Section 13-1-150 NMSA
|
0014| 1978 or of the Capital Program Act, review by the staff
|
0015| architect of the property control division of the general
|
0016| services department pursuant to Section 15-3-20 NMSA 1978 or
|
0017| regulation by the director of that division pursuant to Section
|
0018| 15-3-11 NMSA 1978.
|
0019| G. Any contract entered into by the corrections
|
0020| department with a private contractor to operate an existing
|
0021| facility shall include a provision securing the right of all
|
0022| persons employed by that facility prior to the effective date of
|
0023| that contract to be employed by that contractor in any position
|
0024| for which they qualify before that position is offered to any
|
0025| person not employed by that facility prior to that date."
|
0001| Section 2. EFFECTIVE DATE.--The effective date of the
|
0002| provisions of this act is July 1, 1996.
|
0003| - 5 -From: Dolores Phelps (Dolores D. Phelps)
|
0004| To: JLYNCH
|
0005| Date: 1/31/96 1:20pm
|
0006|
|
0007|
|