33-8-13. Private industry on facility grounds.
207 words·~1 min read·
/nm/chapter-33-correctional-institutions/article-8-corrections-industries/33-8-13·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.