0001| HOUSE BILL 1124
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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| BEN LUJAN
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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 CORRECTIONAL FACILITIES; AUTHORIZING THE
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0012| CORRECTIONS DEPARTMENT TO HOUSE INMATES IN A CORRECTIONAL
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0013| FACILITY IN SANTA FE COUNTY; PROVIDING FOR LOCAL PUBLIC BODIES
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0014| TO CONTRACT FOR PROVISION OR OPERATION OF CORRECTIONAL
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0015| FACILITIES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. A new section of Chapter 33, Article 1 NMSA
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0019| 1978 is enacted to read:
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0020| "[NEW MATERIAL] CORRECTIONS DEPARTMENT--CONTRACT WITH
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0021| SANTA FE COUNTY FOR A CORRECTIONAL FACILITY.--
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0022| A. The corrections department may contract with
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0023| Santa Fe county to house up to five hundred medium security
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0024| inmates in a correctional facility operated by the county or by
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0025| a private independent contractor pursuant to an agreement with
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0001| the county for the operation or provision and operation of the
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0002| facility.
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0003| B. A contract entered into pursuant to Subsection A
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0004| of this section shall include such reasonable terms and
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0005| conditions as the corrections department may require after
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0006| consultation with the general services department, provided
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0007| that the terms and conditions shall include provisions:
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0008| (1) setting comprehensive standards for
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0009| incarceration;
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0010| (2) requiring that the facility be accredited
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0011| by the American correctional association within one year after
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0012| beginning operation and remain accredited through the life of
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0013| the contract;
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0014| (3) providing for payments under the contract
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0015| on a per diem per inmate basis;
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0016| (4) providing that the employees performing
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0017| the functions of correctional officers, whether employed by the
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0018| county or by an independent contractor, shall be deemed to be
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0019| correctional officers for the purposes of Sections 33-1-10 and
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0020| 33-1-11 NMSA 1978, but for no other purpose of state law,
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0021| unless specifically stated in the contract;
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0022| (5) requiring that continuation of the
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0023| contract is subject to annual appropriation or other
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0024| availability of funds; and
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0025| (6) providing that compliance with the
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0001| contract shall be monitored by the corrections department and
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0002| the contract may be terminated by the corrections department
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0003| for material noncompliance.
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0004| C. A contract entered into pursuant to Subsection A
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0005| of this section may provide that the corrections department may
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0006| purchase the correctional facility at fair market value from
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0007| the county at any time after five years from the date of
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0008| initial operation of the facility."
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0009| Section 2. Section 13-1-98 NMSA 1978 (being Laws 1984,
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0010| Chapter 65, Section 71, as amended) is amended to read:
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0011| "13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The
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0012| provisions of the Procurement Code shall not apply to:
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0013| A. procurement of items of tangible personal
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0014| property or services by a state agency or a local public body
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0015| from a state agency, a local public body or external
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0016| procurement unit except as otherwise provided in Sections
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0017| 13-1-135 through 13-1-137 NMSA 1978;
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0018| B. procurement of tangible personal property or
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0019| services for the governor's mansion and grounds;
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0020| C. printing and duplicating contracts involving
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0021| materials which are required to be filed in connection with
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0022| proceedings before administrative agencies or state or federal
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0023| courts;
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0024| D. purchases of publicly provided or publicly
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0025| regulated gas, electricity, water, sewer and refuse collection
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0001| services;
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0002| E. purchases of books and periodicals from the
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0003| publishers or copyright holders thereof;
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0004| F. travel or shipping by common carrier or by
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0005| private conveyance or to meals and lodging;
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0006| G. purchase of livestock at auction rings or to the
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0007| procurement of animals to be used for research and
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0008| experimentation or exhibit;
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0009| H. contracts with businesses for public school
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0010| transportation services;
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0011| I. procurement of tangible personal property or
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0012| services, as defined by Sections 13-l-87 and 13-l-93 NMSA 1978,
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0013| by the corrections industries division of the corrections
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0014| department pursuant to regulations adopted by the corrections
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0015| [industries] commission, which shall be reviewed by the
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0016| purchasing division of the general services department prior to
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0017| adoption;
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0018| J. minor purchases consisting of magazine
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0019| subscriptions, conference registration fees and other similar
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0020| purchases where prepayments are required;
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0021| K. municipalities having adopted home rule charters
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0022| and having enacted their own purchasing ordinances;
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0023| L. the issuance, sale and delivery of public
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0024| securities pursuant to the applicable authorizing statute, with
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0025| the exception of bond attorneys and general financial
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0001| consultants;
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0002| M. contracts entered into by a local public body
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0003| with a private independent contractor for the operation, or
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0004| provision and operation, of a jail or correctional facility
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0005| pursuant to Sections 33-3-26 and 33-3-27 NMSA 1978;
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0006| N. contracts for maintenance of grounds and
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0007| facilities at highway rest stops and other employment
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0008| opportunities, excluding those intended for the direct care and
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0009| support of persons with handicaps, entered into by state
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0010| agencies with private, nonprofit, independent contractors who
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0011| provide services to persons with handicaps;
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0012| O. contracts and expenditures for services to be
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0013| paid or compensated by money or other property transferred to
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0014| New Mexico law enforcement agencies by the United States
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0015| department of justice drug enforcement administration;
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0016| P. contracts for retirement and other benefits
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0017| pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978; and
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0018| Q. contracts with professional entertainers."
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0019| Section 3. Section 33-3-1 NMSA 1978 (being Laws 1865-
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0020| 1866, Chapter 19, Section 1, as amended) is amended to read:
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0021| "33-3-1. COMMON JAILS--OPERATION BY SHERIFF, JAIL
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0022| ADMINISTRATOR OR INDEPENDENT CONTRACTOR AUTHORITY TO CONTRACT
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0023| FOR CORRECTIONAL FACILITIES.--
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0024| A. The common jails shall be under the control of
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0025| the respective sheriffs, independent contractors or jail
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0001| administrators as defined in Section 4-44-19 NMSA 1978 hired
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0002| by the board of county commissioners or other local public body
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0003| or combination thereof and [the same] shall be used as
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0004| prisons in the respective counties.
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0005| B. Contracts between local public bodies and
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0006| private independent contractors for the operation or provision
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0007| and operation of a jail are specifically authorized by this
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0008| section; provided that prior to July 1, 1987, no more than two
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0009| pilot projects involving private independent contractors are
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0010| authorized in New Mexico pursuant to Section 33-3-26 NMSA 1978.
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0011| C. Contracts between local public bodies and
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0012| independent contractors are specifically authorized for the
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0013| operation or provision of correctional facilities intended to
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0014| house any type of inmates on behalf of the corrections
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0015| department or other department or jurisdiction."
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0016| Section 4. Section 33-3-26 NMSA 1978 (being Laws 1984,
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0017| Chapter 22, Section 17) is amended to read:
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0018| "33-3-26. AGREEMENTS FOR JAILS OR CORRECTIONAL
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0019| FACILITIES OR FOR JAIL OR CORRECTIONAL SERVICES--PILOT PRO-
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0020|
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0021| GRAMS.--
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0022| A. Any county or municipality may enter into an
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0023| agreement, including an agreement with an independent
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0024| contractor, to operate or to provide and operate jail
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0025| facilities or correctional facilities for the care and
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0001| housing of prisoners; provided that prior to July 1, 1987, no
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0002| more than two pilot projects for operation or provision and
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0003| operation of a jail by private independent contractors are
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0004| [hereby] authorized in New Mexico; and further provided that
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0005| the attorney general shall select, authorize and approve such
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0006| pilot projects.
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0007| B. The attorney general shall monitor any pilot
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0008| project and shall report to the first and second sessions of
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0009| the thirty-seventh legislature and to the first session of the
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0010| thirty-eighth legislature with analyses of the pilot projects,
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0011| their success or failure, recommendations for modification or
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0012| repeal of the law and suggestions for change in any future
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0013| projects.
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0014| C. As used in this section, "correctional
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0015| facility" means a facility intended to house any type of
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0016| inmates on behalf of the corrections department or other
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0017| department or jurisdiction."
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0018| Section 5. Section 33-3-27 NMSA 1978 (being Laws 1984,
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0019| Chapter 22, Section 18) is amended to read:
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0020| "33-3-27. JAIL AND CORRECTIONAL FACILITY AGREEMENTS--
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0021| APPROVAL--LIABILITY--TERMINATION--VENUE.--
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0022| A. No agreement with a private independent
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0023| contractor for the operation of a jail or a correctional
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0024| facility or for the incarceration of prisoners [therein] in
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0025| the jail or facility shall be made for a period of more than
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0001| three years. Agreements binding on future governing bodies for
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0002| construction, purchase or lease of a jail facility for not more
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0003| than fifteen years are [hereby] authorized.
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0004| B. All agreements with private independent
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0005| contractors for the operation or provision and operation of
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0006| jails [must] or correctional facilities shall include a
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0007| performance bond and be approved in writing, prior to their
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0008| becoming effective, by the local government division of the
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0009| department of finance and administration and the office of the
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0010| attorney general. Disapproval may be based on any reasonable
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0011| grounds, including [but not limited to] adequacy or
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0012| appropriateness of the proposed plan or standards; suitability
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0013| or qualifications of the proposed contractor or his employees;
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0014| absence of required or desirable contract provisions;
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0015| unavailability of funds; or any other reasonable grounds
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0016| whatsoever, whether like or unlike the foregoing. No agreement
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0017| shall be valid or enforceable without [such] prior approval.
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0018| C. All agreements with private independent
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0019| contractors for the operation or provision and operation of
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0020| jails or correctional facilities shall provide for the
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0021| independent contractor to provide and pay for training for
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0022| jailers or correctional officers to meet minimum training
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0023| standards, which shall be specified in the contract, and shall
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0024| require that the independent contractor pay its correctional
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0025| officers wages and benefits that are comparable to the wages
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0001| and benefits paid by the county to county employees similarly
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0002| employed.
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0003| D. All agreements with private independent
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0004| contractors for the operation or provision and operation of
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0005| jails or correctional facilities shall set forth com-
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0006|
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0007| prehensive standards for conditions of incarceration, either by
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0008| setting them forth in full as part of the contract or by
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0009| reference to known and respected compilations of such
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0010| standards.
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0011| E. All agreements with private independent
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0012| contractors for the operation or provision and operation of
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0013| jails [must] or correctional facilities shall be approved
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0014| in writing, prior to their becoming effective, by the risk
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0015| management division of the general services department.
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0016| Approval shall be conditioned upon contractual arrangements
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0017| satisfactory to the risk management division for:
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0018| (1) the contractor's assumption of all
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0019| liability caused by or arising out of all aspects of the
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0020| provision and operation of the jail or correctional facility;
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0021| and
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0022| (2) liability insurance covering the
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0023| contractor and its officers, jailers, employees and agents in
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0024| an amount sufficient to cover all liability caused by or
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0025| arising out of all aspects of the provision and operation of
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0001| the jail or correctional facility. A copy of the proposed
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0002| insurance policy for the first year shall be submitted for
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0003| approval with the contract.
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0004| F. All agreements with private independent
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0005| contractors for the operation or provision and operation of
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0006| jails or correctional facilities shall provide for
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0007| termination for cause by the local public body parties upon
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0008| ninety days' notice to the independent contractor. Such
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0009| termination shall be allowed for at least the following
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0010| reasons:
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0011| (1) failure of the independent contractor to
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0012| meet minimum standards and conditions of incarceration, which
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0013| standards and conditions shall be specified in the contract; or
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0014| (2) failure to meet other contract provisions
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0015| when such failure seriously affects the operation of the jail
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0016| or correctional facility.
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0017| The reasons for termination set forth in this subsection
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0018| are not exclusive and may be supplemented by the parties.
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0019| G. Venue for the enforcement of any agreement
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0020| entered into pursuant to the provisions of this [act]
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0021| section shall be in the district court of the county in which
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0022| the facility is located or in Santa Fe county.
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0023| H. As used in this section, "correctional
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0024| facility" means a facility intended to house any type of
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0025| inmates on behalf of the corrections department or other
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0001| department or jurisdiction."
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION
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0004|
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0005|
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0006| March 11, 1997
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0007|
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0008|
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0009| HOUSE FLOOR AMENDMENT number ___1___ to HOUSE BILL 1124
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0010|
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0011| Amendment sponsored by Representative Ben Lujan
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0012|
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0013|
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0014| 1. On page 6, strike lines 11 through 15 and insert in lieu
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0015| thereof:
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0016|
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0017| "C. A contract between Santa Fe county and an independent
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0018| contractor is specifically authorized for the operation or provision of
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0019| a correctional facility intended to house any type of inmates on behalf
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0020| of the corrections department or other department or jurisdiction."".
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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|
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0006|
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0007| ___________________________
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0008| Ben Lujan
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0009|
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0010|
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0011|
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0012| Adopted ___________________ Not Adopted ___________________________
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0013| (Chief Clerk) (Chief Clerk)
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0014|
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0015|
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0016| Date ________________
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