reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3B - County Detention Facility Reimbursement Act › Section 33-3B-4 - County detention facility reimbursement fund created; distribution.

A. The "county detention facility reimbursement fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests made to the fund. Money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year, and income from investment of the fund shall be credited to the fund. The division shall administer the fund, and money in the fund is appropriated to the division to make distributions to counties in accordance with Subsection B of this section. Disbursements from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the division. No money in the fund shall be expended by the division for the purpose of administering the fund.
B. Annually, on or before January 30 and to the extent money in the fund is available for such purposes, money in the fund shall be distributed by the state treasurer as follows:
(1) an amount equal to seventy percent of the fund less thirty thousand dollars ($30,000) to eligible counties in the amounts certified to the division in accordance with Section 3 [33-3B-3 NMSA 1978] of the County Detention Facility Reimbursement Act;
(2) thirty thousand dollars ($30,000) to the New Mexico sentencing commission to fund the annual calculation of the felony offender incarceration percentage and the distribution amount for each eligible county; and
(3) the remainder of the fund to counties other than class A counties that are designated by the division as needing additional resources due to inadequate base revenues.
History:
Laws 2007, ch. 333, § 4.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 333, § 5 made the County Detention Facility Reimbursement Act effective July 1, 2007.
Cross references.
— For the local government corrections fund,
see
33-3-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 4 - New Mexico Boys' School (Repealed.) › Section 33-4-1 to 33-4-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1988, ch. 101, § 51 repealed 33-4-1 through 33-4-6 NMSA 1978 as amended by Laws 1975, ch. 320, § 6 and Laws 1977, ch. 257, §§ 80 to 82, and as enacted by Laws 1921, ch. 193, §§ 3, 4, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 5 - Girls' Welfare Home (Repealed.) › Section 33-5-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1988, ch. 101, § 51 repealed 33-5-1 and 33-5-2 NMSA 1978, as amended by Laws 1977, ch. 257, § 83 and Laws 1975, ch. 320, § 7, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 6 - Juvenile Detention Homes › Section 33-6-1 - Juvenile detention homes in counties; establishment; equipment; enlargement; bond issues.

A. The board [boards] of county commissioners of counties in this state are hereby authorized and empowered to establish and equip juvenile detention homes and for that purpose to issue bonds of such counties in any sum necessary. Such juvenile detention homes are hereby declared to be necessary public buildings. In counties in this state where juvenile detention homes have been established, the board [boards] of county commissioners of those counties are hereby authorized and empowered to add rooms onto the original structure or erect additional buildings and for that purpose to issue bonds of such counties in any sum necessary.
B. Whenever there is more than one county within a judicial district, the board of county commissioners of each such county is hereby authorized to enter into an agreement with one or more of the counties within the same judicial district providing for the establishment and equipment of one juvenile detention home to be located in said judicial district, to spend funds of the county for establishment and equipment of such juvenile detention home and to allocate the cost thereof among the participating counties on such basis as may be agreed upon by each board of county commissioners. For the purpose of providing funds for a juvenile detention home to be established and equipped under the provisions of this section, each participating county is hereby authorized to issue the bonds of its county in any sum necessary to meet such county's share of the cost.
History:
Laws 1939, ch. 75, § 1; 1941 Comp., § 45-602; 1953 Comp., § 42-6-2; Laws 1953, ch. 12, § 1; 1976, ch. 42, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the children, youth and families department,
see
9-2A-1 NMSA 1978 et seq.
For detention facilities under Children's Code,
see
32A-2-4 and 32A-2-12 NMSA 1978.
Juvenile detention home for county of first class was necessary public building within provision of constitution
(N.M. Const., art. IX, § 10), that no county shall borrow money except for purpose of erecting necessary public buildings.
Hutcheson v. Atherton
, 1940-NMSC-001, 44 N.M. 144, 99 P.2d 462.
Characterization of detention homes as necessary entitled great weight.
— Legislative characterization of juvenile detention homes for first class counties as necessary public buildings is entitled to great weight when the question comes before court for determination.
Hutcheson v. Atherton
, 1940-NMSC-001, 44 N.M. 144, 99 P.2d 462.
Meaning of "necessary".
— In constitutional provision that no county shall borrow money except for purpose of erecting necessary public buildings, the word "necessary" is construed not as meaning "indispensable," but as synonymous with "needful."
Hutcheson v. Atherton
, 1940-NMSC-001, 44 N.M. 144, 99 P.2d 462.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Penal and Correctional Institutions §§ 8, 9, 11.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 6 - Juvenile Detention Homes › Section 33-6-2 - [Laws governing bond issues.]

The proceedings for calling, holding and canvassing the results of an election to determine whether such bonds are to be issued, the manner of issuance and the terms and provisions of such bonds, the sale thereof, the levy of taxes for the payment thereof and the manner and time of payment thereof shall all be the same as is now or may hereafter be provided by law with respect to bonds issued for the purpose of building courthouses and, in general, all of the provisions of law with respect to county courthouse bonds shall, so far as applicable, apply to the bonds herein authorized.
History:
Laws 1939, ch. 75, § 2; 1941 Comp., § 45-603; 1953 Comp., § 42-6-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For bonds for courthouses, jails and bridges,
see
4-49-1, 4-49-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 6 - Juvenile Detention Homes › Section 33-6-3 - [Obtaining federal aid; donations for home.]

The respective boards of county commissioners are authorized and empowered to seek and obtain, if possible, from the United States government, or any department or agency thereof, financial aid and assistance to carry into effect the purposes hereof. Such boards are also authorized and empowered in their discretion to accept gifts and donations of any kind or character from any source whatsoever, including, but not limited to, a site for such juvenile detention homes.
History:
Laws 1939, ch. 75, § 3; 1941 Comp., § 45-604; 1953 Comp., § 42-6-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 6 - Juvenile Detention Homes › Section 33-6-4 - [Contracts; general power of commissioners.]

The boards of county commissioners of the several counties are hereby authorized and empowered to enter into any and all contracts and do and perform any and all things necessary and proper to carry into effect the provisions hereof.
History:
Laws 1939, ch. 75, § 5; 1941 Comp., § 45-606; 1953 Comp., § 42-6-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 6 - Juvenile Detention Homes › Section 33-6-5 - Maintenance and supervision of homes; rules.

When erected, such juvenile detention homes shall be maintained at the expense of the counties wherein they are located. The board of county commissioners of the county wherein such juvenile detention home is located shall have supervisory control of such juvenile detention home and for that purpose such board of commissioners shall have power to make reasonable rules governing the conduct of such juvenile detention home.
History:
Laws 1939, ch. 75, § 6; 1941 Comp., § 45-607; 1953 Comp., § 42-6-7; Laws 1976, ch. 42, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Penal and Correctional Institutions §§ 5, 10.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 6 - Juvenile Detention Homes › Section 33-6-6 - Budget for maintenance of homes in counties; fund; disbursements.

For the purpose of maintaining juvenile detention homes in counties that have them, there may be appropriated by the board of county commissioners of the county sufficient funds to provide for the maintenance, upkeep, repair and improvement of a juvenile detention home.
History:
Laws 1939, ch. 151, § 2; 1941 Comp., § 45-609; 1953 Comp., § 42-6-9; Laws 1953, ch. 9, § 1; 1973, ch. 258, § 142; 1976, ch. 42, § 5.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 6 - Juvenile Detention Homes › Section 33-6-7 - Home in one county keeping juveniles transferred from other counties; maintenance of juvenile.

In those counties without juvenile detention homes, if the district judges of such counties shall determine it advisable that a juvenile within such counties should be transferred to a juvenile detention home for safekeeping or detention, and the board of county commissioners of the county in which the juvenile detention home is located agree [agrees] to said transfer, the county from which said juvenile is transferred shall bear the expense of the maintenance and upkeep of said juvenile in the juvenile detention home, which upkeep and maintenance of such juvenile shall be the sum computed by adding the actual per diem cost of housing said juvenile to an amount equal to fifty percent of such per diem housing cost to cover administrative and amortization expense.
History:
Laws 1939, ch, 151, § 4; 1941 Comp., § 45-610; 1953 Comp., § 42-6-10; Laws 1953, ch. 58, § 1; 1976, ch. 42, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 6 - Juvenile Detention Homes › Section 33-6-8 - Budget for payment of charges; fund; disbursements.

When it is deemed advisable by the judge of the district court of a county that does not have a juvenile detention home, that juvenile delinquents in his county be transferred for safekeeping or detention to juvenile detention homes located in other counties, then for the purpose of maintaining them in the juvenile detention homes there shall be budgeted by the county commissioners of the county in each year, sufficient funds to provide for the keeping of such juvenile delinquents in juvenile detention homes. The amount to be budgeted shall be determined and fixed by the district court. On or before May 1 of each year the district judge shall make an estimate of revenue required for the ensuing year for the maintenance of juvenile delinquents in the juvenile detention homes and shall certify the estimate to the board of county commissioners in the county without a juvenile detention home. The budget allowance shall be known as the "juvenile maintenance fund." The county treasurer collecting money for the fund shall make disbursements from the fund to the county treasurer in the county in which the juveniles have been detained, upon certificate of the clerk of the district court in which the juveniles are detained, stating that the amount is due for their maintenance. The certificate shall be approved by the district judge of the county from which the juvenile was transferred before it is paid. Upon the payment to the county treasurer where the juvenile is detained the county treasurer shall place the amount paid in the juvenile detention home maintenance fund.
History:
Laws 1939, ch. 151, § 5; 1941 Comp., § 45-611; Laws 1953, ch. 58, § 2; 1953 Comp., § 42-6-11; Laws 1973, ch. 258, § 143.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 6 - Juvenile Detention Homes › Section 33-6-9 - [Limitations on levies under 33-6-6, 33-6-8.]

The levy herein provided shall be within the limitations provided for all county purposes and uses under Chapter 140 of the Session Laws of 1921, and all amendments thereto.
History:
Laws 1939, ch. 151, § 6; 1941 Comp., § 45-612; 1953 Comp., § 42-6-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The statute referred to, Laws 1921, ch. 140, § 1, compiled as 72-4-11, 1953 Comp., was repealed by Laws 1974, ch. 92, § 34 (amending Laws 1973, ch. 258, § 156), effective January 1, 1975. For present provision concerning the tax rates authorized for county purposes,
see
7-37-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 6 - Juvenile Detention Homes › Section 33-6-10 - Board of county commissioners; power to appoint personnel.

The board [boards] of county commissioners of those counties which operate juvenile detention homes shall have the power and authority to appoint and employ such personnel as they may deem necessary to provide supervision, education, maintenance, training, discipline and subsistence for persons detained therein and to administer and maintain the juvenile detention home facility.
History:
1953 Comp., § 42-6-13, enacted by Laws 1976, ch. 42, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 7 - Prison Industries (Repealed.) › Section 33-7-1 to 33-7-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 127, § 20, repealed 33-7-1 through 33-7-12 NMSA 1978, relating to prison industries, effective June 19, 1981. For present comparable provisions,
see
33-8-1 to 33-8-16 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-1 - Short title.

Sections 1 through 15 [33-8-1 to 33-8-15 NMSA 1978] of this act may be cited as the "Corrections Industries Act".
History:
Laws 1981, ch. 127, § 1.
ANNOTATIONS
Compiler's notes.
— The term "Sections 1 through 15 of this act," referred to in this section, means Laws 1987, ch. 127, §§ 1 to 15, which appear as 33-8-1 to 33-8-4, 33-8-6, 33-8-7 to 33-8-9, 33-8-12, 33-8-13 to 33-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-2 - Definitions.

As used in the Corrections Industries Act:
A. "commission" means the corrections industries commission;
B. "department" means the corrections department;
C. "enterprise" means a manufacturing, agricultural or service operation or group of closely related operations within the bounds of a facility but does not include standard facility maintenance activities and services;
D. "facility" means a place under the jurisdiction of the department at which individuals are confined pursuant to court order;
E. "fund" means the corrections industries revolving fund;
F. "local public body" means all political subdivisions of the state and their agencies, instrumentalities and institutions supported wholly or in part by funds derived from public taxation; and
G. "state agency" means the state or any of its branches, agencies, departments, boards, instrumentalities or institutions supported wholly or in part by funds derived from public taxation.
History:
Laws 1981, ch. 127, § 2; 1987, ch. 75, § 1; 2005, ch. 23, § 4.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, changed the definition of commission to mean the corrections industries commission.
Work in the prison kitchen.
— The legislature promulgated the Corrections Industries Act, 33-8-1 through 33-8-15 NMSA 1978, "to enhance the rehabilitation, education and vocational skills of inmates through productive involvement in enterprises and public works of benefit to state agencies and local public bodies and to minimize inmate idleness". Given the plain language of the Corrections Industries Act, which involves inmates working in enterprises and public works, it does not appear that it encompasses labor in the prison kitchen, which better fits within the scope of "standard facility maintenance and services", an exception to "enterprise" as defined in the act.
Lymon v. Aramark
, 728 F. Supp. 2d 1222 (D.N.M. 2010).
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-3 - Purpose.

The purpose of the Corrections Industries Act is to enhance the rehabilitation, education and vocational skills of inmates through productive involvement in enterprises and public works of benefit to state agencies and local public bodies and to minimize inmate idleness.
History:
Laws 1981, ch. 127, § 3.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-4 - Prisoners to labor.

All persons convicted of crime and confined in a facility under the laws of the state except such as are precluded by the terms of the judgment and sentence under which they may be imprisoned shall perform labor under such rules and regulations as have been or may hereafter be prescribed by the department.
History:
Laws 1981, ch. 127, § 4.
ANNOTATIONS
Article not in conflict with inmate release program.
— The statutory schemes of the Corrections Industries Act and the inmate-release program do not conflict, and prisoners may legally enter into voluntary contracts of hire under the inmate-release program.
Benavidez v. Sierra Blanca Motors
, 1996-NMSC-045, 122 N.M. 209, 922 P.2d 1205.
Work release injured prisoner entitled to workers' compensation.
— Although a prisoner may have been compelled generally to labor under this section, he was not compelled to work for a private business under a work-release program and, when the prisoner voluntarily participated in a work-release program and was injured while under the direction of a private business, he was an "employee" of that business and thus entitled to workers' compensation benefits.
Benavidez v. Sierra Blanca Motors
, 1995-NMCA-140, 120 N.M. 837, 907 P.2d 1018,
rev'd in part on other grounds
, 1996-NMSC-045, 122 N.M. 209, 922 P.2d 1205.
A person's status as an inmate does not preclude the existence of an employer-employee relationship for the purpose of receiving worker's compensation benefits.
Benavidez v. Sierra Blanca Motors
, 1996-NMSC-045, 122 N.M. 209, 922 P.2d 1205.
Inmates not "employees" for health and safety complaint purposes.
— Notwithstanding the fact that prison industries must comply with occupational health and safety standards, inmates engaged in prison operated industries or enterprises are not "employees" of the penitentiary for purposes of filing an occupational health and safety complaint with the environmental improvement division. 1981 Op. Att'y Gen. No. 81-23.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 75, § 4 repealed 33-8-5 NMSA 1978, as amended by Laws 1983, ch. 301, § 74, relating to the creation of the "corrections industries commission" and appointment of its members, effective June 19, 1987.
Laws 1987, ch. 75, § 2 provided that the terms of the members of the former corrections industries commission expired June 19, 1987.
Laws 1987, ch. 75, § 3 provided that the act shall not alter or affect the validity of any action taken by the corrections industry commission prior to June 19, 1987.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-5.1 - Corrections industries commission.

The "corrections industries commission" is created. The commission consists of seven members appointed by the governor with the advice and consent of the senate for staggered terms of four years or less in a manner that the terms of one or two members expire as the case may be on June 30 each year. Four members of the commission constitute a quorum for the transaction of business. Not more than four members shall be of the same political party. Any member who fails to attend three consecutive meetings of the commission without being excused by the commission shall be automatically removed. Vacancies shall be filled by appointment by the governor for the remainder of the unexpired term. Members of the commission shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 2005, ch. 23, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 23, § 8, made Laws 2005, ch. 23, § 1 effective July 1, 2005.
Temporary provisions.
— Laws 2005, ch. 23, § 6 provided that corrections commission members serving on July 1, 2005, shall continue to serve as corrections industries commission members until their terms expire and their replacements are appointed and qualified.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-6.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985 (1st S.S.), ch. 7, § 6 repealed 33-8-6.1 NMSA 1978, as enacted by Laws 1985 (1st S.S.), ch. 7, § 4, relating to exemptions from the Procurement Code, effective June 30, 1986.
Laws 1987, ch. 5, § 3 attempted to revive this section by repealing laws 1985 (1st S.S.), ch. 7, § 6. However, because this reviver was constitutionally questionable and because Laws 1987, ch. 6, § 1 contained language identical to former 33-8-6.1, the reviver was not given effect.
See
13-1-98 NMSA 1978 for similar provisions.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-7 - Corrections industries revolving fund created.

There is created in the state treasury a fund which shall be administered by the department secretary as directed by the commission and which shall be known as the "corrections industries revolving fund." All income, receipts and earnings from the operation of enterprises shall be credited to the fund. Money deposited in the fund shall be used only to meet necessary expenses incurred in the maintenance, operation and expansion of existing enterprises and in the establishment, maintenance, operation and expansion of new enterprises. All interest earned on money in the fund shall be credited to the fund. No part of the fund shall revert at the end of any fiscal year.
History:
Laws 1981, ch. 127, § 7.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-8 - Inmate compensation.

A. The commission shall establish and periodically review a plan for compensation to inmates engaged in enterprise programs and public works. The compensation shall be in accordance with a graduated schedule based on work conduct, performance, experience, skills and responsibilities. Compensation shall be paid from the fund and credited to the general account of the inmate except as provided by Subsection C of this section. An inmate may draw against his general account during his confinement through the use of coupons, canteen checks or similar plans.
B. Pursuant to the provisions of Article 20, Section 15 of the constitution of New Mexico, if an inmate has a dependent family, his net compensation shall be paid to his family if necessary for its support. The department shall make diligent effort to determine those inmates who have dependent families in need of support.
C. The department shall promulgate necessary rules and regulations:
(1) to implement the provisions of Subsection B of this section in a thorough and equitable manner; and
(2) to provide for deductions from inmate compensation for victim restitution, reasonable costs incident to confinement and for discharge money upon release from confinement. The deductions provided by this subsection shall apply to inmate compensation, including payments pursuant to Section 33-2-26 NMSA 1978, wages earned pursuant to the provisions of Section 33-8-13 NMSA 1978, wages earned in work projects certified pursuant to the federal private-sector prison industry enhancement certification program and to wages earned in inmate-release programs; provided that the deductions provided by this paragraph shall not exceed fifty percent of net compensation, payment or wages and that the deduction for victim restitution shall be not less than fifteen percent of net compensation, payment or wages. If the court has not ordered victim restitution, the deduction for victim restitution shall be transmitted to the state treasurer for credit to the crime victims reparation fund.
History:
Laws 1981, ch. 127, § 8; 1986, ch. 71, § 1; 1991, ch. 35, § 1.
ANNOTATIONS
Cross references.
— For crime victims reparation fund,
see
31-22-21 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, in the second sentence in Subsection C(2), substituted "fifteen percent" for "five percent".
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-9 - Enterprises; working day.

The working hours of all enterprises shall be established in a manner approximate to a standard free enterprise working day with as many work shifts as necessary. The department shall make every effort to minimize the disruption of working hours by adjusting the institutional schedule to avoid conflicting activities. Other program activities shall not be denied to inmates engaged in enterprise programs and shall be available during nonworking hours consistent with available staff.
History:
Laws 1981, ch. 127, § 9.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1984, ch. 65, § 175, repealed 33-8-10 NMSA 1978, as amended by Laws 1983, ch. 92, § 1, relating to purchase by state agencies and local public bodies under the Corrections Industries Act. For present comparable provisions,
see
13-1-189 NMSA 1978.
Laws 1984, ch. 65, contained no effective date provision applicable to § 175, but was enacted at the session which adjourned on February 16, 1984.
See
N.M. Const., art. IV, § 23.
Compiler's notes.
— Laws 1984, ch. 64, § 24, purportedly amended 33-8-10 NMSA 1978. The amendment was not given effect because of the later repeal of 33-8-10 NMSA 1978 by Laws 1984, ch. 65, § 175.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985 (1st S.S.), ch. 7, § 5 repealed 33-8-11 NMSA 1978, as enacted by Laws 1981, ch. 127, § 11, relating to a catalogue of goods and services available under the Corrections Industries Act, effective May 23, 1985. For present provisions relating to marketing of goods and services available through corrections industries division,
see
33-8-12.2 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-12.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 5, § 4 repealed 33-8-12.1 NMSA 1978, as amended by Laws 1987, ch. 5, § 2, relating to furniture, fiberglass and plastic products sales, effective July 1, 1991.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-12.2 - Corrections industries sales representatives.

A. The secretary of corrections may employ individuals necessary to serve as sales representatives for the marketing of goods and services produced or assembled through the corrections industries division who shall be classified personnel and be paid in accordance with a commission-based incentive compensation plan approved by the personnel board for sales to purchasers other than state agencies and local public bodies not to exceed two percent (2%).
B. The secretary of corrections may contract with persons or business entities to serve on an independent contractor basis as sales representatives for marketing goods or services produced or assembled through the corrections industries division.
History:
1978 Comp., § 33-8-12.2, enacted by Laws 1985 (1st S.S.), ch. 7, § 3.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-13 - Private industry on facility grounds.

A. The department secretary, upon recommendation of the commission, may lease real property on the grounds of any facility and may provide for reasonable access to and egress from the leased property to a private commercial industry for the purpose of establishing and operating a factory for the manufacture and processing of products or to any other commercial industry deemed by the commission to be consistent with the purposes of the Corrections Industries Act.
B. Any agreement entered into pursuant to this section shall provide that:
(1) all persons employed in the enterprise, except administrative, supervisory and training personnel, shall be inmates of the facility where the leased property is located who volunteer for employment and who are approved for such employment by the superintendent of that facility;
(2) the enterprise shall at all times observe practices and procedures regarding security as the lease may specify or as the facility superintendent may temporarily stipulate during periods of emergency; and
(3) the enterprise shall be deemed a private enterprise and subject to all laws governing the operation of similar private business enterprises; provided that the provisions of the Unemployment Compensation Law [Chapter 51 NMSA 1978] shall not apply to inmate employees.
History:
Laws 1981, ch. 127, § 13.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 238, § 7 repealed 33-8-14 NMSA 1978, as enacted by Laws 1981, ch. 127, § 14, relating to industrial good time deductions for inmates, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
33-2-34 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-15 - Public works.

A. The department shall provide for the utilization of available inmate labor on public works by any state agency or local public body. The department shall have full jurisdiction at all times over the discipline and control of inmates performing labor pursuant to this section and shall promulgate rules and regulations governing the selection, transportation, deportment and security of inmates and for the submission and screening of applications for the use of such labor. All expenses, including inmate compensation, incurred by the department in the provision of inmate labor pursuant to this section shall be reimbursed by the benefiting state agency or local public body.
B. Inmate labor pursuant to this section shall not be used to reduce or displace employees but to supplement the work of employees, especially in areas where necessary public works are not otherwise being performed. Insofar as practicable, all labor pursuant to this section shall be of a nature and design to assist in the rehabilitation of inmates. As used in this section, "public works" means work that is solely for a public or state purpose and includes but is not limited to the construction, maintenance and improvement of state and local lands, roads, highways and buildings.
History:
Laws 1981, ch. 127, § 15.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 8 - Corrections Industries › Section 33-8-16 - Corrections; handiwork products.

The secretary of corrections and criminal rehabilitation [secretary of corrections] shall promulgate rules and regulations providing for the production of small articles of handiwork by inmates from raw materials furnished by the corrections and criminal rehabilitation department [corrections department] at inmate expense and for the deposit of all or a portion of the sale price of such articles to the general account of the inmate who manufactured the article. Articles of handiwork may be sold to the public at correctional facilities and in public buildings.
History:
Laws 1981, ch. 167, § 1.
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 renamed the former corrections and criminal rehabilitation department as the corrections department. Laws 1981, ch. 73, § 4, provided that the chief officer of the corrections department shall be the secretary of corrections.
See
9-3-3 and 9-3-4 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9 - Adult Community Corrections › Section 33-9-1 - Short title.

Chapter 33, Article 9 NMSA 1978 may be cited as the "Adult Community Corrections Act".
History:
Laws 1983, ch. 202, § 1; 1989, ch. 219, § 1.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, substituted "Chapter 33, Article 9 NMSA 1978" for "This act" and inserted "Adult".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
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 9 - Adult Community Corrections › Section 33-9-2 - Definitions.

As used in the Adult Community Corrections Act:
A. "department" means the corrections department;
B. "fund" means the community corrections grant fund;
C. "program" means a community-based program that is operated by a county, municipality, the department or a private organization, individually or jointly, with the purpose of providing services to criminal offenders;
D. "criminal offender" means any person convicted of a felony; and
E. "volunteer services" means services provided by individuals or organizations without compensation.
History:
Laws 1983, ch. 202, § 2; 1987, ch. 341, § 1; 1988, ch. 101, § 33; 1989, ch. 219, § 2.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, inserted "Adult" in the undesignated introductory paragraph.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9 - Adult Community Corrections › Section 33-9-3 - Community corrections grant fund; established; co-payments.

A. There is created in the state treasury a special fund to be known as the "community corrections grant fund". All money appropriated to the fund or accruing to it as a result of gift, deposit, investments or other sources shall not be transferred to another fund or encumbered or disbursed in any manner except as provided in the Adult Community Corrections Act. The fund shall be for the purpose of providing programs and services for the diversion of criminal offenders to community-based settings.
B. The department shall require criminal offenders who participate in a program and who receive services to make a co-payment to offset the cost of the services. The amount of the co-payment shall be based upon the offender's ability to pay. The department shall collect the co-payments and on a monthly basis deliver them to the state treasurer for deposit in the community corrections grant fund.
History:
Laws 1983, ch. 202, § 3; 1988, ch. 101, § 34; 1989, ch. 219, § 3; 2004, ch. 38, § 3.
ANNOTATIONS
The 2004 amendment,
effective July 1, 2004, added Subsection B and made the previous section Subsection A.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9 - Adult Community Corrections › Section 33-9-4 - Fund; administration.

The department shall administer the fund and make grants to counties, municipalities or private organizations, individually or jointly, pursuant to the provisions of the Adult Community Corrections Act; provided that a grant shall not be made to a private organization which is not a nonprofit organization without the approval of the secretary of corrections. The department may also utilize the fund to contract directly for programs. The department shall use no more than ten percent of the fund for administration and monitoring purposes by the state. In addition, the department shall allow no more than ten percent of a grant from the fund to be used for administrative costs incurred by counties, municipalities and private organizations. After proper notice and public hearings, the department shall adopt regulations which provide standards for qualifications for grants, priorities for awarding of funds and other standards regarding community corrections and shall review and approve or disapprove all applications submitted pursuant to the provisions of the Adult Community Corrections Act. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of corrections.
History:
Laws 1983, ch. 202, § 4; 1986, ch. 68, § 1; 1987, ch. 341, § 2; 1990, ch. 53, § 1.
ANNOTATIONS
Cross references.
— For secretary of corrections,
see
9-3-4 NMSA.
For secretary of finance and administration,
see
9-6-4 NMSA 1978.
The 1990 amendment,
effective May 16, 1990, substituted "Adult Community Corrections Act" for "Community Corrections Act" in two places, substituted "secretary of corrections" for "department secretary" at the end of the first sentence, and substituted "ten percent" for "five percent" in the third sentence.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9 - Adult Community Corrections › Section 33-9-6 - Application review panel.

The department shall establish a panel to review all applications for grants under the Adult Community Corrections Act. The panel shall make recommendations to the secretary of corrections regarding each application.
History:
Laws 1983, ch. 202, § 6; 1989, ch. 219, § 5; 1994, ch. 20, § 1; 2013, ch. 165, § 2.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, modified the application review panel; in the first sentence, after "all applications for", deleted "funding" and added "grants", deleted the former third and fourth sentences, which provided for the appointment of the panel by the secretary of corrections, the composition of the panel, and the duties of the panel.
The 1994 amendment,
effective July 1, 1994, substituted "shall" for "may" in the last sentence.
The 1989 amendment,
effective July 1, 1989, inserted "Adult" in the first sentence, and added the last sentence.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9 - Adult Community Corrections › Section 33-9-7 - Repealed.

History:
Laws 1983, ch. 202, § 7; 1988, ch. 101, § 36; 1989, ch. 219, § 6; repealed by Laws 2013, ch. 165, § 4.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 165, § 4 repealed 33-9-7 NMSA 1978, as enacted by Laws 1983, ch. 202, § 7, relating to state selection panel, effective July 1, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9 - Adult Community Corrections › Section 33-9-8 - Repealed.

History:
Laws 1983, ch. 202, § 8; 1988, ch. 101, § 37; 1989, ch. 219, § 7; repealed by Laws 2013, ch. 165, § 4.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 165, § 4 repealed 33-9-8 NMSA 1978, as enacted by Laws 1983, ch. 202, § 8, relating to local selection panel, effective July 1, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9 - Adult Community Corrections › Section 33-9-9 - Sentencing; placement of offender.

A. In every case where the commitment of a person to the department is contemplated by a sentencing judge and the offender meets criteria for placement in community corrections, the adult probation and parole division of the department shall, at the request of the judge, prepare a report containing a recommendation regarding a community corrections placement or complete a diagnostic evaluation containing the recommendation of the department regarding that placement, including a statement that the criminal offender has been approved for a program. The sentencing judge shall consider the report or evaluation prior to making the commitment.
B. At a sentencing hearing, if a judge of a court of competent jurisdiction determines that placement in community corrections is appropriate, the judge shall defer or suspend the sentence and, as a condition of probation, require an individual to serve a period of time in a community corrections program.
History:
Laws 1983, ch. 202, § 9; 1987, ch. 341, § 4; 1988, ch. 101, § 38; 1989, ch. 219, § 8; 2013, ch. 165, § 3.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, clarified provisions relating to placement of offenders; in the title, added "placement of offender"; and in Subsection A, after "community corrections", deleted "a report shall be prepared by", after "division of the department", added "shall, at the request of the judge, prepare a report", after "corrections placement or", added "complete", after "diagnostic evaluation", deleted "shall be completed by the department", and after "approved for a program", deleted "by the state or local selection committee".
The 1989 amendment,
effective July 1, 1989, in Subsection A restructured the former single sentence into two sentences, and substituted "adult probation and parole division" for "field services division" in the first sentence while adding all of the language of that sentence beginning with "including".
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9 - Adult Community Corrections › Section 33-9-9.1 - Community corrections; return of certain participants.

At any time during the period an inmate not on parole is assigned to a community corrections program, the warden of the institution from which he was released may issue a warrant for his arrest for violation of any of the conditions of his release. The warrant shall authorize the warden or any officer with power of arrest to return the inmate to the actual custody of the institution or to any other suitable detention facility. If it is found that the warrant cannot be served, the inmate is a fugitive from justice. If the inmate is out of the state, the warrant shall authorize the warden to return him to the state.
History:
Laws 1986, ch. 30, § 1.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9 - Adult Community Corrections › Section 33-9-10 - Annual report.

The department shall submit an annual report to the governor and the legislature not later than December 15 of each year. The report shall include but not be limited to funding awards, program effectiveness, monitoring efforts and future recommendations.
History:
Laws 1983, ch. 202, § 10.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9A - Juvenile Community Corrections › Section 33-9A-1 - Short title.

Chapter 33, Article 9A NMSA 1978 may be cited as the "Juvenile Community Corrections Act".
History:
Laws 1988, ch. 101, § 39; 1989, ch. 219, § 9.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, substituted "Chapter 33, Article 9A NMSA 1978" for "Sections 39 through 44 of this act".
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9A - Juvenile Community Corrections › Section 33-9A-2 - Definitions.

As used in the Juvenile Community Corrections Act:
A. "delinquent" means a child adjudicated delinquent pursuant to the Children's Code [Chapter 32A NMSA 1978];
B. "department" means the children, youth and families department;
C. "fund" means the juvenile community corrections grant fund;
D. "secretary" means the secretary of children, youth and families; and
E. "volunteer services" means services provided by individuals or organizations without compensation.
History:
Laws 1988, ch. 101, § 40; 1989, ch. 219, § 10; 1992, ch. 57, § 47.
ANNOTATIONS
Cross references.
— For secretary of children, youth and families,
see
9-2A-6 NMSA 1978.
The 1992 amendment,
effective July 1, 1992, deleted former Subsection A, which read: "'authority' means the youth authority"; redesignated former Subsection B as present Subsection A; added present Subsection B; and substituted "secretary of children, youth and families" for "secretary of the authority" in Subsection D.
The 1989 amendment,
effective July 1, 1989, added present Subsection B, and redesignated former Subsections B through D as present Subsections C through E.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 9A - Juvenile Community Corrections › Section 33-9A-6 - Sentencing.

A. In every case where the commitment to the authority of a child adjudicated delinquent is contemplated by a judge, a predisposition report shall be prepared containing the recommendation of the juvenile probation officer regarding a community corrections placement or a diagnostic evaluation shall be completed by the authority containing the recommendation of the authority regarding that placement and the judge shall consider that report or evaluation prior to making that commitment. A juvenile probation officer shall consult with the authority prior to making a recommendation pursuant to this subsection.
B. At a sentencing hearing, if a judge of a court of competent jurisdiction determines placement in community corrections is appropriate, he shall defer or suspend the sentence and, as a condition of probation, require an individual to serve a period of time in a community corrections program.
History:
Laws 1988, ch. 101, § 44.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 10 - Native American Counseling › Section 33-10-2 - Purpose [of Native American Counseling Act].

It is the purpose of the Native American Counseling Act to provide a program of counseling for native Americans confined in penal institutions in New Mexico, to teach good work habits and develop motivation through work; to develop and instill cultural pride and improve the self-image of native Americans; to develop an understanding of the cultural differences between native Americans and other ethnic groups and assist the native American in relating and adjusting to such differences; to train the native American and his family to develop attitudes of mutual trust, mutual respect and an interdependence based on mutual understanding; to increase the availability of Indian spiritual leaders for teaching native Americans in the areas of Indian history, cultural sensitivity and Indian religion; and to generally involve native Americans in those aspects of the penal system that will assist in their rehabilitation and adjustment to a fuller life after their release from confinement.
History:
Laws 1983, ch. 276, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The heading of Laws 1983, ch. 276, purported to enact certain provisions, relating to developing a pilot program for the counseling of native Americans confined in state penal institutions, which do not appear in the act.