0001| HOUSE BILL 638
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| RITA G. GETTY
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO CORRECTIONS; AMENDING THE INMATE LITERACY ACT TO
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0012| REQUIRE CERTAIN INMATES TO PARTICIPATE IN GENERAL EDUCATION
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0013| EQUIVALENCY AND VOCATIONAL EDUCATION PROGRAMS.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 33-11-3 NMSA 1978 (being Laws 1988,
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0017| Chapter 78, Section 3) is amended to read:
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0018| "33-11-3. REGULATIONS.--The corrections department, by
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0019| [July 1, 1988] December 31, 1997, shall adopt rules and
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0020| regulations for all adult correctional institutions operated by
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0021| the department or by a private company pursuant to a contract
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0022| with the corrections department, for the implementation of a
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0023| mandatory education program for all inmates to attain a minimum
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0024| education standard as set forth in this section.
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0025| A. The regulations shall apply only to [any] an
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0001| inmate who [(1)] commits a crime after the effective
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0002| date of the Inmate Literacy Act and either:
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0003| [(2) has eighteen months or more remaining to
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be served on his sentence of incarceration; and either
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(3)] (1) is not exempted due to a medical,
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0006| developmental or learning disability; or
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0007| [(4)] (2) does not possess a general
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0008| education diploma or a high school diploma.
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0009| B. The regulations adopted shall require that:
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0010| [(1) a minimum education standard shall be
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met beginning in 1988 and in all subsequent years:
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(a) in 1988, the education standard
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shall be the equivalent of grade six in reading and math on the
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test of adult basic education;
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(b) in 1989, the education standard
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shall be the equivalent of grade seven in reading and math on
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the test of adult basic education;
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(c) in 1990, the education standard
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shall be the equivalent of grade eight in reading and math on
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the test of adult basic education; and
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(d) in 1991,]
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0022| (1) the education standard shall be a high
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0023| school diploma or a general education diploma;
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0024| (2) inmates who meet the criteria in
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0025| Subsection A of this section shall be required to participate
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0001| in education programs [for ninety days. After ninety days,
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inmates may choose to withdraw from educational programs but
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will be subject to the provisions of Paragraph (3) of Subsec-
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tion B of this section] until the education standard of
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0006| Paragraph (1) of this subsection has been met; and
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0007| (3) notwithstanding any other provision of
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0008| law, [inmates] an inmate who [are] is subject to these
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0009| regulations but who [refuse] refuses or [choose]
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0010| chooses not to participate shall not be eligible for monetary
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0011| compensation for work performed or for meritorious
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0012| [deduction] deductions as set forth in Subsection A of
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0013| Section 33-2-34 NMSA 1978.
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0014| C. The regulations adopted shall also provide that
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0015| an inmate who does not possess an associate or baccalaureate
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0016| degree from an accredited post-secondary institution may
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0017| participate in a vocational education program approved by the
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0018| state department of public education. Inmates who meet the
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0019| criteria in Subsection A of this section but who choose not to
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0020| participate shall not be eligible for monetary compensation for
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0021| work performed or for meritorious deductions as set forth in
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0022| Subsection A of Section 33-2-34 NMSA 1978.
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0023| [C.] D. The regulations may [(1)] exclude any
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0024| inmate who has been incarcerated for less than ninety days in
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0025| an institution controlled by the corrections department.
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0001| [(2) exclude any inmate who is assigned a
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minimum custody classification; or
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(3) defer educational requirements for inmates
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with sentences longer than ten years.]"
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0005| Section 2. EFFECTIVE DATE.--The effective date of the
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0006| provisions of this act is July 1, 1997.
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0007| State of New Mexico
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0008| House of Representatives
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0009|
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0010| FORTY-THIRD LEGISLATURE
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0011| FIRST SESSION, 1997
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0012|
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0013|
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0014| February 17, 1997
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0015|
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0016|
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0017| Mr. Speaker:
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0018|
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0019| Your JUDICIARY COMMITTEE, to whom has been referred
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0020|
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0021| HOUSE BILL 638
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0022|
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0023| has had it under consideration and reports same with
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0024| recommendation that it DO PASS, amended as follows:
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0025|
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0001| 1. On page 3, line 17, after "A" insert "(1)".,
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0002|
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0003| and thence referred to the APPROPRIATIONS AND FINANCE
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0004| COMMITTEE.
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0005|
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0006| Respectfully submitted,
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0007|
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0008|
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0009|
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0010|
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0011|
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0012| Thomas P. Foy, Chairman
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0013|
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0014|
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0015| Adopted Not Adopted
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0016|
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019| Date
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0020|
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0021| The roll call vote was 8 For 2 Against
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0022| Yes: 8
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0023| No: Larranaga, Pederson
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0024| Excused: Alwin, Rios, Foy
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0025| Absent: None
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0001|
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0002|
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0003|
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0004| G:\BILLTEXT\BILLW_97\H0638 State of New Mexico
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0005| House of Representatives
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0006|
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0007| FORTY-THIRD LEGISLATURE
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0008| FIRST SESSION, 1997
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0009|
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0010|
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0011| March 4, 1997
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0012|
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0013|
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0014| Mr. Speaker:
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0015|
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0016| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0017| whom has been referred
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0018|
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0019| HOUSE BILL 638, as amended
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0020|
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0021| has had it under consideration and reports same with
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0022| recommendation that it DO PASS.
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0023|
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0024| Respectfully submitted,
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0025|
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0001|
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0002|
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0003|
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0004|
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0005| Max Coll, Chairman
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0006|
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0007|
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0008| Adopted Not Adopted
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0009|
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012| Date
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0013|
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0014| The roll call vote was 6 For 3 Against
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0015| Yes: 6
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0016| No: Buffett, Pearce, Townsend
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0017| Excused: Bird, Coll, Heaton, Knowles, Marquardt, Salazar,
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0018| Varela, Watchman
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0019| Absent: None
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0020|
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0021|
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0022| G:\BILLTEXT\BILLW_97\H0638
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