reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 28 - Indian Family Protection › Section 32A-28-34 - Adjudication; disposition; decree of adoption; invalidation.

A. The court shall grant a decree of adoption if it finds that:
(1) the petitioner has proved by clear and convincing evidence that the placement preferences set forth in the Indian Family Protection Act, or the placement preferences established by the Indian child's tribe, have been followed or, if not followed, good cause for noncompliance has been proved by clear and convincing evidence; and
(2) provision has been made to ensure that the Indian child's cultural ties to the Indian child's tribe are protected and fostered.
B. In any adoption involving an Indian child, the clerk of the court shall provide the secretary with a copy of the final decree of adoption or adoptive placement order.
C. A parent may withdraw consent to a voluntary adoption of the Indian child at any time before entry of the final decree of adoption.
D. Within two years after a final decree of adoption of an Indian child, the court may invalidate a voluntary adoption upon finding that the parent's consent was obtained by fraud or duress.
E. Upon filing of a petition to vacate the final decree of adoption of the parent's Indian child, the petitioner shall give notice to all parties to the adoption proceedings and the Indian child's tribe, and the court shall hold a hearing on the petition.
F. Where the court finds that the parent's consent was obtained through fraud or duress, the court shall vacate the final decree of adoption, order the consent revoked and order that the child be returned to the parent.
History:
Laws 2022, ch. 41, § 34.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 34 effective July 1, 2022.
Applicability.
— Laws 2022, ch. 41, § 73 provided that the provisions of Laws 2022, ch. 41 apply to all cases filed on or after July 1, 2022.
Severability.
— Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or circumstances is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions of the Indian Family Protection Act and related laws.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 28 - Indian Family Protection › Section 32A-28-35 - Return of custody.

Whenever an Indian child has been adopted and the relationship between the adoptive parent and the Indian child has been severed for any reason, a biological parent, guardian or prior Indian custodian may petition for return of custody, and there shall be a presumption that the Indian child shall be returned to the biological parent, guardian or prior Indian custodian, unless the return of custody is not in the best interests of the Indian child. The provisions of this section shall not be deemed to conflict with other provisions pertaining to return of custody in the Indian Family Protection Act.
History:
Laws 2022, ch. 41, § 35.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 35 effective July 1, 2022.
Applicability.
— Laws 2022, ch. 41, § 73 provided that the provisions of Laws 2022, ch. 41 apply to all cases filed on or after July 1, 2022.
Severability.
— Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or circumstances is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions of the Indian Family Protection Act and related laws.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 28 - Indian Family Protection › Section 32A-28-36 - Best interests of Indian child.

When making a determination regarding the best interests of an Indian child pursuant to the Indian Family Protection Act, a court shall, after allowing testimony from all parties and the Indian child's tribe, consider the following relevant factors:
A. the prioritization of placement of the Indian child in accordance with the placement preferences provided by the Indian Family Protection Act;
B. the prevention of unnecessary out-of-home placement of the Indian child;
C. the critical importance to the Indian child of establishing, developing or maintaining a political, cultural, social and spiritual relationship with the Indian child's tribe and tribal community and with familial ties such as clanship and family with unique cultural characteristics;
D. the importance to the Indian child of the ability of the Indian child's tribe to maintain its existence and integrity in promotion of the stability and security of Indian children and families; and
E. the protection, safety and well-being of the Indian child.
History:
Laws 2022, ch. 41, § 36.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 36 effective July 1, 2022.
Applicability.
— Laws 2022, ch. 41, § 73 provided that the provisions of Laws 2022, ch. 41 apply to all cases filed on or after July 1, 2022.
Severability.
— Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or circumstances is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions of the Indian Family Protection Act and related laws.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 28 - Indian Family Protection › Section 32A-28-37 - Access to post-decree adoption records; tribal affiliation and other information.

A. Pursuant to the Indian Family Protection Act, an Indian tribe shall have access to the post-decree adoption records that involve an Indian child who is a member or eligible for membership in the Indian tribe.
B. Upon application by an Indian person who has reached the age of eighteen and who was the subject of an adoptive placement in this state prior to the enactment of the Indian Family Protection Act, the court that entered the final decree shall inform that Indian person of the tribal affiliation, if any, of the Indian person's biological parents and provide any other information necessary to protect any rights flowing from the Indian person's tribal relationship.
C. If the adoption predated enactment of the federal Indian Child Welfare Act of 1978, the court shall attempt to find information related to the adoption and may order the department to assist. If the adoption of an Indian person was completed after enactment of the federal Indian Child Welfare Act of 1978, the Indian person may contact the secretary for necessary information regarding the Indian person's adoption. If the secretary certifies that the secretary does not have that information, the state court shall attempt to find the information and may order the department to assist.
D. If an Indian person does not know the court that issued the adoption decree, the Indian person may request that information from the department. The department shall provide to the Indian person the name and location of the court that entered the final decree, if known.
History:
Laws 2022, ch. 41, § 37.
ANNOTATIONS
Cross references.
— For the federal Indian Child Welfare Act of 1978,
see
25 U.S.C. § 1901.
Effective dates.
— Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 37 effective July 1, 2022.
Severability.
— Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or circumstances is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions of the Indian Family Protection Act and related laws.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 28 - Indian Family Protection › Section 32A-28-38 - Adoption decrees; information availability.

A. The clerk of a court entering a final decree or order in an adoptive placement of an Indian child shall provide the secretary with a copy of that decree, adoptive placement order and any other information necessary to show:
(1) the birth name and birthdate of the Indian child;
(2) any information relating to tribal membership or eligibility for membership of the adopted Indian child;
(3) the tribal affiliation and name of the Indian child after adoption;
(4) the names and addresses of the biological parents;
(5) the names and addresses of the adoptive parents;
(6) the name and contact information of any agency having files or information relating to the adoption; and
(7) any affidavit signed by the biological parent or parents asking that their identity remain confidential.
B. The attorney for the prospective adoptive parent shall provide to the clerk of the court a copy of the decree of adoption, an adoptive placement order or any other information required by the Indian Family Protection Act and a stamped envelope addressed to the secretary marked "Confidential".
History:
Laws 2022, ch. 41, § 38.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 38 effective July 1, 2022.
Applicability.
— Laws 2022, ch. 41, § 73 provided that the provisions of Laws 2022, ch. 41 apply to all cases filed on or after July 1, 2022.
Severability.
— Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or circumstances is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions of the Indian Family Protection Act and related laws.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 28 - Indian Family Protection › Section 32A-28-40 - Indian Family Protection Act supplemental to other provisions of law; conflict of laws.

A. To the greatest extent possible, the Indian Family Protection Act shall be read as in harmony with the federal Indian Child Welfare Act of 1978.
B. The provisions of the Children's Code [Chapter 32A NMSA 1978] are supplemental to and in harmony with the Indian Family Protection Act. The provisions of the Indian Family Protection Act govern child custody proceedings involving Indian children. To the extent the provisions of those acts or any provision of New Mexico state law conflicts with the provisions of the Indian Family Protection Act, the provisions of the Indian Family Protection Act shall apply.
History:
Laws 2022, ch. 41, § 40.
ANNOTATIONS
Cross references.
— For the federal Indian Child Welfare Act of 1978,
see
25 U.S.C. § 1901.
Effective dates.
— Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 40 effective July 1, 2022.
Severability.
— Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or circumstances is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions of the Indian Family Protection Act and related laws.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 28 - Indian Family Protection › Section 32A-28-41 - Office of tribal affairs; creation.

The "office of tribal affairs" is created in the department. The office shall be dedicated to ensuring the department's compliance with and full implementation of the Indian Family Protection Act.
History:
Laws 2022, ch. 41, § 41.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 41 effective July 1, 2022.
Severability.
— Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or circumstances is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions of the Indian Family Protection Act and related laws.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 28 - Indian Family Protection › Section 32A-28-42 - Indian child welfare rules.

The department, through discussion with the Indian nations, tribes and pueblos of the state, shall promulgate rules to implement the provisions of the Indian Family Protection Act. The administrative office of the courts shall also discuss with the Indian nations, tribes and pueblos of the state the recommendation of court rules for potential adoption by the courts of the state.
History:
Laws 2022, ch. 41, § 42.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 42 effective July 1, 2022.
Severability.
— Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or circumstances is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions of the Indian Family Protection Act and related laws.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-1 - Short title.

Sections 33-1-1 through 33-1-9 NMSA 1978 may be cited as the "Corrections Act."
History:
1953 Comp., § 42-9-1, enacted by Laws 1969, ch. 226, § 1; 1971, ch. 221, § 1.
ANNOTATIONS
Power to grant parole vested with adult parole hearing board.
— The ultimate power to grant or revoke parole is vested in the adult parole hearing board and such powers shall be exercised by the board in accordance with the pertinent provisions of the Probation and Parole Act, 31-21-3 NMSA 1978 et seq. and the Corrections Act, 33-1-1 NMSA 1978 et seq. 1970 Op. Att'y Gen. No. 70-12.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-2 - Definitions.

As used in the Corrections Act:
A. "division" or "department" means the corrections department;
B. "director" or "secretary" means the secretary of corrections;
C. "corrections facility" means any facility or program controlled or operated by the state or any of its agencies or departments and supported wholly or in part by state funds for the correctional care of persons, including but not limited to:
(1) the "penitentiary of New Mexico", which consists of the penitentiary at Santa Fe and other places in the state designated by the secretary; and
(2) the parole board to the extent delegated by the Parole Board Act [31-21-22 to 31-21-26 NMSA 1978];
D. "commission" means the corrections industries commission; and
E. "warden" or "superintendent" means the administrative director of a correctional facility.
History:
1953 Comp., § 42-9-2, enacted by Laws 1978, ch. 4, § 1; 1988, ch. 101, § 31; 2005, ch. 23, § 3.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, changed the definition of corrections facility to include the parole board to the extent delegated by the Parole Board Act; and changed the definition of commission from the corrections commission to mean the corrections industries commission.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-3 - Purpose.

It is the purpose of the legislature to create a single, unified corrections department to administer all laws and exercise all functions formerly administered and exercised by the penitentiary of New Mexico and the state board of probation and parole except to the extent delegated to the parole board by the Parole Board Act [31-21-22 to 31-21-26 NMSA 1978].
History:
1953 Comp., § 42-9-3, enacted by Laws 1969, ch. 226, § 3; 1971, ch. 221, § 3; 1975, ch. 194, § 9; 1977, ch. 257, § 98; 1988, ch. 101, § 32.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-4 - Repealed.

History:
1953 Comp., § 42-9-4, enacted by Laws 1969, ch. 226, § 4; 1971, ch. 221, § 4; 1977, ch. 257, § 99; repealed by Laws 2005, ch 23, § 7.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 23, § 7 repealed 33-1-4 NMSA 1978, as enacted by Laws 1969, ch. 226, § 4, relating to the corrections division, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-4.1 - Vulnerable offenders program; prevention of victimization.

A. The corrections department may develop and implement a special program for certain male and female offenders who have been identified by the department as being vulnerable offenders who, if not provided with a special program, would be vulnerable to victimization by inmates and subject to unusual or extraordinary mental or physical harassment, intimidation, harm or injury.
B. Vulnerability shall be determined by factors such as age, mental health or special education needs. If an offender is less than twenty-one years of age, there shall be a rebuttable presumption that the offender is vulnerable. A vulnerable offenders program shall not result in the diminution of civil rights for vulnerable offenders.
History:
Laws 1993, ch. 77, § 230; 1995, ch. 206, § 46.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, deleted "youthful" following "vulnerable" in the section heading, deleted "youthful" preceding "offenders" and made a minor stylistic change in Subsection A, and rewrote Subsection B.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-4.2 - Restraints on pregnant prisoners.

A. An adult or juvenile correctional facility, detention center or local jail shall use the least restrictive restraints necessary when the facility has actual or constructive knowledge that an inmate is in the second or third trimester of pregnancy. No restraints of any kind shall be used on an inmate who is in labor, delivering her baby or recuperating from the delivery unless there are compelling grounds to believe that the inmate presents:
(1) an immediate and serious threat of harm to herself, staff or others; or
(2) a substantial flight risk and cannot be reasonably contained by other means.
B. If an inmate who is in labor or who is delivering her baby is restrained, only the least restrictive restraints necessary to ensure safety and security shall be used.
History:
Laws 2009, ch. 73, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 73 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-5 - Director of corrections; employment.

The administrative head of the division is the "director of corrections" who shall be employed by the secretary of the criminal justice department [secretary of corrections] to serve at the pleasure of the secretary of the criminal justice department [secretary of corrections]. The director shall possess a degree from an accredited university and a minimum of five years' experience in the corrections field, including supervisory and managerial experience; or a minimum of ten years' experience in the corrections field, including a minimum of five years' supervisory and managerial experience. He shall receive compensation as provided by law.
History:
1953 Comp., § 42-9-5, enacted by Laws 1969, ch. 226, § 5; 1971, ch. 221, § 5; 1977, ch. 257, § 100.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1981, ch. 73, § 8 provided that all references in law to the secretary of criminal justice be construed as references to the secretary of corrections.
Cross references.
— For definition of "division",
see
33-1-2A NMSA 1978.
For appointment of director,
see
9-3-5B(10), 9-3-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-6 - Powers and duties of secretary.

The secretary of corrections and criminal rehabilitation [secretary of corrections] shall:
A. employ administrative, professional and clerical personnel in accordance with the Personnel Act [Chapter 10, Article 9 NMSA 1978] as necessary to carry out the work of the corrections and criminal rehabilitation department [corrections department];
B. adopt rules and regulations necessary for administration of the Corrections Act, and enforce and administer those so adopted;
C. collect and compile statistical, social and financial data pertaining to the operation of the department and the incidence of crime and delinquency, obtain related reports from the courts, law enforcement agencies and other agencies having this information;
D. cooperate with federal, state and local officials and agencies, public and private, in the furtherance of the purposes of the Corrections Act;
E. act as state administrator, or designate a representative to act as state administrator, for any interstate correctional compacts where another person is not designated by law to act as administrator;
F. establish in cooperation with the correctional training academy a mandatory training program for correctional officers and guards as a prerequisite to officer certification;
G. institute programs for the training and development of professional skills for all personnel within the department in conjunction with the education and training division; and
H. encourage and promote the rehabilitation, education, employment and reintegration into society of persons adjudicated delinquents or convicted of a crime and sentenced to a corrections facility.
History:
1953 Comp., § 42-9-6, enacted by Laws 1969, ch. 226, § 6; 1971, ch. 221, § 6; 1977, ch. 257, § 101; 1981, ch. 132, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1981, ch. 73, § 8 provided that all references in law to the secretary of corrections and criminal rehabilitation be construed as references to the secretary of corrections.
Cross references.
— For the prison-based drug rehabilitation program,
see
9-3-3.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-7 - Construction of applicable laws.

Wherever, under any statute which was administered or enforced prior to July 1, 1969, by the penitentiary of New Mexico board, the state board of probation and parole or by the boards of the New Mexico boys' school or the girls' welfare home or by the juvenile probation services division of the administrative office of the courts, or by their officers or employees, reference is made to any such officers, employees or agencies, the reference shall be construed to mean the corrections division [corrections department], except as powers and duties are designated to the parole board by the Parole Board Act [31-21-22 to 31-21-26 NMSA 1978].
History:
1953 Comp., § 42-9-9, enacted by Laws 1969, ch. 226, § 9; 1971, ch. 221, § 9; 1975, ch. 194, § 10; 1977, ch. 257, § 102.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1981, ch. 73, § 8 provided that all references in law to the corrections division be construed as references to the corrections department.
Power to grant parole vested with adult parole hearing board.
— The ultimate power to grant or revoke parole is vested in the adult parole hearing board and such powers shall be exercised by the board in accordance with the pertinent provisions of the Probation and Parole Act, 31-21-3 NMSA 1978 et seq. and the Corrections Act, 33-1-1 NMSA 1978 et seq. 1970 Op. Att'y Gen. No. 70-12.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-8 - Earmarked funds.

Property or funds held in trust or earmarked for use by a specific correctional facility shall be kept for that use.
History:
1953 Comp., § 42-9-10, enacted by Laws 1971, ch. 221, § 10.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 221, § 10, repealed 42-9-10, 1953 Comp., relating to transitional provisions concerning rules, employees, property, etc., of those agencies affected by the Corrections Act, and enacted a new section.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-11 - Correctional officer qualifications.

Members of the corrections department correctional officer force, excluding correctional specialists, shall:
A. at the time of their appointment, be citizens of the United States;
B. at the time of their appointment, have reached age of majority;
C. have at least a high school education or its equivalent;
D. be of good moral character and not have been convicted of a felony or any infamous crime in the courts of this or any other state or in the federal courts; and
E. successfully pass any physical and aptitude examination the department may require.
History:
Laws 1981, ch. 132, § 2; 1986, ch. 40, § 1.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-12 - Corrections department; group life insurance.

Notwithstanding the provisions of Section 10-7-4 NMSA 1978 and in addition to all other benefits provided adult correctional officers and correctional officer specialists, the corrections department shall provide life insurance coverage in the amount of twenty-five thousand dollars ($25,000) for each adult correctional officer and correctional officer specialist to be paid to his designated beneficiary. The coverage shall include double indemnity provisions for death incurred in the line of duty. The coverage shall be provided by a group term insurance policy, the premium for which shall be paid out of state funds appropriated to the department.
History:
Laws 1981, ch. 311, § 1; 1990, ch. 29, § 2.
ANNOTATIONS
Cross references.
— For group insurance by state departments and institutions and all political subdivisions of the state,
see
10-7-4 NMSA 1978.
The 1990 amendment,
effective May 16, 1990, substituted "corrections department" for "corrections and criminal rehabilitation department" in the catchline and the first sentence, deleted "and juvenile correctional officers" following "specialists" and "specialist" in the first sentence, deleted "corrections and criminal rehabilitation" preceding "department" at the end of the third sentence, and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-13 to 33-1-16 - Terminated.

ANNOTATIONS
Terminations.
— Laws 1981, ch. 339, §§ 1 to 4 (33-1-13 to 33-1-16 NMSA 1978), which related to the corrections personnel board within the corrections and criminal rehabilitation department (now corrections department), are terminated by virtue of § 4 of that act (33-1-16 NMSA 1978) which provided that the corrections personnel board would terminate on December 31, 1982, unless otherwise extended, and that employees of the department would thereafter be covered by the Personnel Act unless excluded from coverage under 10-9-4 NMSA 1978.
See
10-9-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-18 - Funds created.

There are created in the state treasury special funds to be known as the "corrections department building fund", the "Guadalupe county prison fund" and the "New Mexico prison fund". The funds shall consist of money appropriated by the legislature, from year to year, from the income of the permanent fund and land income of which the penitentiary of New Mexico is the beneficiary and any other revenues that are appropriated to the funds, other than revenues derived from property taxes or general fund revenues. Income from investment of each special fund created by this section shall be credited to that fund.
History:
Laws 1990 (1st S.S.), ch. 5, § 1; 1995, ch. 214, § 1.
ANNOTATIONS
The 1995 amendment,
effective April 7, 1995, substituted "Funds" for "Fund" in the section heading; rewrote the first sentence which read "There is created in the state treasury a special fund to be known as the 'corrections department building fund'"; substituted "The funds" for "The fund" at the beginning of the second sentence and added the language beginning "and any other revenues" at the end thereof; and rewrote the third sentence which read "No other funds of the state shall be deposited or paid into the corrections department building fund".
Appropriations.
— Laws 1998 (1st S.S.), ch. 8, § 1, effective May 11, 1998, appropriated $4,400,000 of the distribution of the land grant permanent funds of which the penitentiary of New Mexico was the beneficiary to the corrections department for expenditure in fiscal year 1999 for operations of the penitentiary of New Mexico, contingent upon the corrections department negotiating and entering into a contract or an amendment to the contract with Wackenhut, whereby the parties agree that in addition to programs already contracted for, a prison industries program, a three hundred-bed therapeutic substance abuse program and family visitation as provided statutorily shall be provided.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-19 - Use of funds.

A. The funds created in or pursuant to Section 33-1-18 NMSA 1978 shall be used by the corrections department or the board of finance for the purpose of acquiring, designing, constructing or equipping, by lease or lease-purchase, or by financing the ownership by the corrections department through the issuance of bonds or other obligations by the corrections department or the board of finance, or other means, a corrections department central office complex, a personnel training academy, a special incarceration alternative facility, correctional facilities or any combination of these facilities, and for paying the expenses relating to the lease, lease-purchase or financing of these facilities. Before any of the funds created in Section 33-1-18 NMSA 1978 may be used for any such purpose, the state board of finance shall approve the proposed facility and the proposed use of the funds.
B. The funds created in or pursuant to Section 33-1-18 NMSA 1978 shall be used so that available appropriations are devoted to the following projects:
(1) payment for the corrections department central office complex;
(2) a correctional facility in Guadalupe county of not less than five hundred fifty and not more than two thousand two hundred beds;
(3) a correctional facility in Lea, Chaves or Santa Fe county of not less than one thousand two hundred and not more than two thousand two hundred beds; and
(4) design and construction of a support services building, a laundry and an infirmary at the penitentiary of New Mexico in Santa Fe.
C. The use of funds designated in Subsection B of this section for a correctional facility in Guadalupe county and a correctional facility in Lea, Chaves or Santa Fe county is contingent upon construction of both facilities, so that one of the facilities shall not be constructed unless both of the facilities are constructed, as nearly as possible, simultaneously.
D. Any balance at the end of any fiscal year in the special funds created in Section 33-1-18 NMSA 1978 that are not needed to pay leases, loans, bonds or other financing instruments in that fiscal year may be appropriated by the legislature for expenditure in succeeding fiscal years by the corrections department for corrections purposes.
History:
Laws 1990 (1st S.S.), ch. 5, § 2; 1995, ch. 43, § 1; 1995, ch. 215, § 4.
ANNOTATIONS
The 1995 amendments.
— Laws 1995, ch. 215, § 4, effective June 16, 1995, and approved April 6, 1995, substituted "funds" for "fund" in the section heading, designated the existing language as Subsection A, rewrote Subsection A, and added Subsections B, C and D.
This section was also amended by Laws 1995, ch. 43, § 1, effective June 16, 1995, and approved April 5, 1995, which inserted "loan, issuance of bonds" and "a penitentiary, a prison" and deleted the former second sentence, which read "No other funds from any source whatsoever shall be used for the acquisition of such facilities". The section was set out as amended by Laws 1995, ch. 215, § 4.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-20 - Transfers authorized.

Division transfers are specifically authorized for the administrative services division and the personnel and training division of the corrections department for purposes necessitated by the provisions of Sections 1 and 2 [33-1-18, 33-1-19 NMSA 1978] of this act. Such transfers shall not be restricted by the four-percent limitation on division transfers as set forth in Section 3 of Chapter 131 of Laws 1990 of the second regular session of the thirty-ninth legislature.
History:
Laws 1990 (1st S.S.), ch. 5, § 3.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-22 - Correctional facilities; care coordination.

A. A correctional facility shall ensure that each inmate of that correctional facility is screened for mental illness and for habitual substance abuse within thirty days of incarceration in that facility.
B. A correctional facility shall offer a qualifying inmate the opportunity to enroll in medicaid in accordance with the provisions of Section 27-2-12.22 NMSA 1978.
C. To the extent allowed by federal law or waiver agreement, care coordinators employed by medicaid managed care organizations shall link inmates who are enrolled in a medicaid managed care program to care coordination prior to the inmates' release.
D. The human services department [health care authority department] shall provide information to correctional facilities seeking medicaid care coordination for qualifying inmates.
E. As used in this section:
(1) "care coordination" means an assessment for health risks and the creation of a plan of care to address an individual's comprehensive health needs, including access to physical health care and mental health services; substance use disorder treatment; and transportation services;
(2) "correctional facility" means a:
(a) state correctional facility;
(b) privately operated correctional facility;
(c) county jail;
(d) privately operated jail;
(e) detention facility that is operated under the authority of the children, youth and families department and that holds the individual pending a court hearing; or
(f) facility that is operated under the authority of the children, youth and families department and that provides for the care and rehabilitation of an individual who is under eighteen years of age and who has committed an act that would be designated as a crime under the law if committed by an individual who is eighteen years of age or older;
(3) "medicaid" means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act and rules promulgated pursuant to that act; and
(4) "qualifying inmate" means an inmate who has been identified as currently having a mental illness or a substance use disorder, either through the screening provided pursuant to the provisions of Subsection A of this section or as evidenced in the inmate's medical record.
History:
Laws 2018, ch. 74, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Cross references.
— For Titles 19 and 21 of the federal Social Security Act,
see
42 U.S.C. § 1396 et seq., and 42 U.S.C. § 1397 et seq., respectively.
Effective dates.
— Laws 2018, ch. 74, § 57 made Laws 2018, ch. 74, § 2 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1 - Corrections Department › Section 33-1-23 - Correctional facilities; breastfeeding and lactation policies.

A. By January 1, 2020, every correctional facility that houses female inmates shall develop and implement a breastfeeding and lactation policy for lactating female inmates that is based on current accepted best practices. The policy shall include provisions for:
(1) human milk expression with access to an electric breast pump, milk storage and transport or disposal;
(2) continuation of medication-assisted addiction treatment;
(3) breastfeeding in county and municipal detention facilities that can accommodate skin-to-skin contact visits and in all facilities operated by the corrections department and children, youth and families department; and
(4) medically appropriate support and care related to cessation of lactation or weaning if preferred by the lactating inmate.
B. For purposes of this section, "correctional facility" means a jail, prison or other detention facility, whether operated by a government or private contractor, that is used for the confinement of adult or juvenile persons who are charged with or convicted of a violation of a law or ordinance
History:
Laws 2019, ch. 71, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 71 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1A - Correctional Facilities Housing › Section 33-1A-1 - Lease of real property for correctional facility housing.

The facilities management division of the general services department is authorized to lease a portion of the real property of the state on which a correctional facility is located, but not to include Grants, New Mexico, for a period not to exceed twenty-five years, to a private entity in consideration for the construction on the real property of low-rent housing units for correctional officers of the corrections department, their families and such other corrections department personnel or other state employees as the secretary of corrections may designate; provided the low-rent housing units are rented only to state employees.
History:
Laws 1983, ch. 186, § 1; 2013, ch. 115, § 24.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division; deleted "property control" and added "facilities management" before "division", changed "department of finance and administration" to "general services department"; after "correctional officers of the", added "corrections", after "families and such other", added "corrections", after "low-rent housing units", changed "shall not be rented to non-state employees" to "are rented only to state employees".
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1A - Correctional Facilities Housing › Section 33-1A-2 - Long-term lease of correctional facility housing by facilities management division; sublease to correctional officers and others.

In connection with and as part of the real property lease authorized in Section 33-1A-1 NMSA 1978, the facilities management division of the general services department is authorized to negotiate and execute a long-term lease, for a period not to exceed twenty-five years, of the low-rent housing units constructed pursuant to Chapter 33, Article 1A NMSA 1978 and to sublease them to correctional officers of the corrections department, their families and such other department personnel or other state employees as the secretary of corrections may designate.
History:
Laws 1983, ch. 186, § 2; 2013, ch. 115, § 25.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division; in the catchline, deleted "property control" and added "facilities management"; deleted "property control" and added "facilities management" before "division"; after "division", added "of the general services department"; and after "correctional officers of the", added "corrections".
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1A - Correctional Facilities Housing › Section 33-1A-3 - Long-term correctional facility housing lease suspense fund established.

The facilities management division of the general services department shall establish a schedule of sublease rental fees for the low-rent housing units constructed pursuant to Chapter 33, Article 1A NMSA 1978. Sublease rental fee payments shall be paid to the general services department and deposited in the "long-term correctional facility housing lease suspense fund", hereby established, which shall be administered by the secretary of general services or the secretary's designee. Payments shall be made from the long-term correctional facility housing lease suspense fund to satisfy the long-term correctional facility housing lease terms, including rent, maintenance and replacement costs, insurance, management fees, taxes and all applicable costs. No other fund shall be liable for or available to satisfy the long-term correctional facility housing lease authorized in Chapter 33, Article 1A NMSA 1978.
History:
Laws 1983, ch. 186, § 3; 2013, ch. 115, § 26.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division; in the first sentence, deleted "property control" and added "facilities management" before "division"; after "division", added "of the general services department"; and in the second sentence, changed "department of finance and administration" to "general services department"; and after "administered by the secretary of", deleted "finance and administration" and added "general services".
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1A - Correctional Facilities Housing › Section 33-1A-4 - Lease terms.

A. Upon expiration of the long-term housing lease, the low-rent housing units constructed pursuant to Chapter 33, Article 1A NMSA 1978 shall become the exclusive property of the state, free of any encumbrances of any kind arising from the construction or leasing of the housing units.
B. The low-rent housing units constructed pursuant to Chapter 33, Article 1A NMSA 1978 shall conform to all applicable building codes, and the plans and specifications for the housing units shall be approved by the facilities management division of the general services department prior to commencement of construction.
C. The state shall be indemnified against any judgment awarding monetary damages due to the construction or safety of the low-rent housing units constructed pursuant to Chapter 33, Article 1A NMSA 1978.
History:
Laws 1983, ch. 186, § 4; 2013, ch. 115, § 27.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division; in Subsection B, deleted "property control" and added "facilities management" before "division"; and after "division", added "of the general services department".
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 1A - Correctional Facilities Housing › Section 33-1A-5 - Board of finance approval.

No lease of low-rent housing units constructed pursuant to Chapter 33, Article 1A NMSA 1978 shall be binding against the facilities management division of the general services department until it has been approved by the state board of finance.
History:
Laws 1983, ch. 186, § 5; 2013, ch. 115, § 28.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-1 - Adoption of rules.

The corrections division [corrections department] shall adopt such rules concerning all prisoners committed to the penitentiary as shall best accomplish their confinement and rehabilitation.
History:
1953 Comp., § 42-1-1.1, enacted by Laws 1955, ch. 149, § 1; 1977, ch. 257, § 62.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1980, ch. 150, § 3, renamed the former criminal justice department as the corrections and criminal rehabilitation department and renamed the former corrections division within that department as the adult institutions division.
Laws 1981, ch. 73, § 3 and Laws 1981, ch. 127, § 16 renamed the former corrections and criminal rehabilitation department as the corrections department and retained the adult institutions division.
Laws 1981, ch. 73, § 4, provided that the chief officer of the corrections department shall be the secretary of corrections.
See
9-3-4 NMSA 1978.
Laws 1981, ch. 73, § 8, provided that, as of March 31, 1981, all references to the corrections division of the criminal justice department or the corrections and criminal rehabilitation department shall be construed to be references to the corrections department. The functions formerly performed by the corrections division are now performed by various divisions of the corrections department.
See
9-3-3 NMSA 1978 and compiler's notes thereto.
No power to authorize cash awards to employees.
— The board of penitentiary commissioners (now corrections department) does not have authority to itself authorize, or to delegate to the superintendent (now secretary of corrections) the power to authorize, meritorious awards to employees by way of cash benefits. 1957 Op. Att'y Gen. No. 57-21.
No power to authorize cash awards to inmates of penitentiary.
— The board of penitentiary commissioners (now corrections department) does not have authority, nor may it delegate to the superintendent (now secretary of corrections) the power, to authorize cash awards to inmates of the penitentiary for exceptionally outstanding acts of benefit to other inmates, employees of the penitentiary, or of general benefit to the state. 1957 Op. Att'y Gen. No. 57-21.
Law reviews.
— For note and comment, "The Constitutionality of Faith-Based Prison Programs: A Real World Analysis Based in New Mexico", see 37 N.M. L. Rev. 487 (2007).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
State regulation of conjugal or overnight familial visits in penal or correctional institutions, 29 A.L.R.4th 1216.
Validity and construction of prison regulation of inmates' possession of personal property, 66 A.L.R.4th 800.
State prisoner's right to personally appear at civil trial to which he is a party - state court cases, 82 A.L.R.4th 1063.
Validity, construction, and application of state statute requiring inmate to reimburse government for expense of incarceration, 13 A.L.R.5th 872.
Constitutional right of prisoners to abortion services and facilities - federal cases, 90 A.L.R. Fed. 683.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-3 - [Previous matters unimpaired.]

That nothing in this act contained is intended to alter or in any manner affect the validity of the commitment, imprisonment, parole or discharge of any and all prisoners now confined in said penitentiary, or in any way to alter the rules and regulations thereof, except as herein specifically provided.
History:
Laws 1939, ch. 55, § 3; 1941 Comp., § 45-103; 1953 Comp., § 42-1-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act", referred to in this section, means Laws 1939, ch. 55, §§ 1 to 19, which appears as 31-21-2, 33-2-2 to 33-2-5, 33-2-12, 33-2-17 and 33-2-18 NMSA 1978.