0001|                           SENATE BILL 124
    |
0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
    |
0003|                            INTRODUCED BY
    |
0004|                          BILLY J. McKIBBEN
    |
0005|     
    |
0006|                                   
    |
0007|     
    |
0008|                                   
    |
0009|     
    |
0010|                                AN ACT
    |
0011|     RELATING TO CORRECTIONS; AUTHORIZING THE CORRECTIONS
    |
0012|     DEPARTMENT TO CONTRACT WITH LEA COUNTY AND GUADALUPE COUNTY TO
    |
0013|     ACQUIRE CORRECTIONAL FACILITIES CURRENTLY UNDER CONSTRUCTION
    |
0014|     IN THOSE COUNTIES; AUTHORIZING THE CORRECTIONS DEPARTMENT TO
    |
0015|     ASSUME BY ASSIGNMENT FROM LEA COUNTY AND GUADALUPE COUNTY THE
    |
0016|     OPERATIONS CONTRACTS FOR THE CORRECTIONAL FACILITIES IN THOSE
    |
0017|     COUNTIES; DECLARING AN EMERGENCY.
    |
0018|     
    |
0019|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0020|          Section 1.  A new section of Chapter 33, Article 1 NMSA
    |
0021|     1978 is enacted to read:
    |
0022|          "[|NEW MATERIAL|] AUTHORITY TO ACQUIRE CORRECTIONAL
    |
0023|     FACILITIES IN LEA COUNTY AND GUADALUPE COUNTY--ASSUMPTION OF
    |
0024|     OPERATIONS CONTRACTS--TERMS AND CONDITIONS.--
    |
0025|               A.  The corrections department is authorized to
    |
                                        - 1 -

0001|     contract with Lea county and Guadalupe county to acquire
    |
0002|     correctional facilities currently under construction in those
    |
0003|     counties pursuant to a contract between the counties and an
    |
0004|     independent contractor.  The acquisition of the correctional
    |
0005|     facilities shall be contingent upon the following:
    |
0006|                    (1)  completion of the construction of the
    |
0007|     correctional facilities;
    |
0008|                    (2)  certification by the corrections
    |
0009|     department that the correctional facilities satisfy all
    |
0010|     applicable physical and operational correctional design
    |
0011|     standards, including all applicable physical and operational
    |
0012|     correctional design standards set forth in the |Duran| consent
    |
0013|     decree; 
    |
0014|                    (3)  inclusion of a corrections industries
    |
0015|     building that is an appropriate size at each correctional
    |
0016|     facility; and
    |
0017|                    (4)  inclusion of a conjugal visitation unit
    |
0018|     that is an appropriate size at each correctional facility.
    |
0019|               B.    The state's cost of acquiring the
    |
0020|     correctional facilities currently under construction in Lea
    |
0021|     county and Guadalupe county shall not exceed sixty-nine
    |
0022|     million five hundred thousand dollars ($69,500,000) and shall
    |
0023|     include:
    |
0024|                    (1)  all development and construction costs
    |
0025|     for the correctional facilities, including the capital costs
    |
                                        - 2 -

0001|     of corrections industries buildings and conjugal visitation
    |
0002|     units;
    |
0003|                    (2)  the independent contractor's capitalized
    |
0004|     interest on scheduled construction draw payments, calculated
    |
0005|     at nine and one-half percent; and
    |
0006|                    (3)  county revenue bond transactions costs
    |
0007|     for the correctional facilities, including the cost of issuing
    |
0008|     the bonds, the cost of an underwriting takedown and the cost
    |
0009|     of a forward delivery termination option premium.
    |
0010|               C.  The corrections department is authorized to
    |
0011|     assume by assignment from Lea county and Guadalupe county the
    |
0012|     operations contracts for the correctional facilities entered
    |
0013|     into by the counties and an independent contractor, subject to
    |
0014|     appropriate amendments or modifications to the operations
    |
0015|     contracts.  The operations contracts between the corrections
    |
0016|     department and the independent contractor shall be for an
    |
0017|     initial term of five years.  The corrections department shall
    |
0018|     have the option, to be exercised solely by the corrections
    |
0019|     department, to renew the operations contracts for two-year
    |
0020|     terms following the initial term of five years.  The
    |
0021|     operations contracts between the corrections department and
    |
0022|     the independent contractor shall be subject to annual
    |
0023|     legislative appropriations."     
    |
0024|          Section 2.  EMERGENCY.--It is necessary for the public
    |
0025|     peace, health and safety that this act take effect
    |
                                        - 3 -

0001|     immediately.
    |
0002|                                  
    |
0003|          
    |