NMSA 1978, § 33-8-1 Short title
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".
Laws 1981, ch. 127, § 1.
Corrections Industries
NMSA 1978 ch. 33, art. 8
in effectNMSA 1978, § 33-8-2 Definitions
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.
Laws 1981, ch. 127, § 2; 1987, ch. 75, § 1; 2005, ch. 23, § 4.
NMSA 1978, § 33-8-3 Purpose
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.
Laws 1981, ch. 127, § 3.
NMSA 1978, § 33-8-4 Prisoners to labor
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.
Laws 1981, ch. 127, § 4.
NMSA 1978, § 33-8-5.1 Corrections industries commission
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.
Laws 2005, ch. 23, § 1.
NMSA 1978, § 33-8-6 Commission; powers and duties
33-8-6. Commission; powers and duties
The commission has the following powers and duties to:
A. determine those enterprises to be conducted in facilities in such volume, kind and place as to eliminate unnecessary inmate idleness at all facilities and to provide diversified work activities that will serve as a means of enhancing vocational skills;
B. determine whether any enterprise should be established, expanded, diminished or discontinued;
C. establish policy with respect to the conduct of all enterprises;
D. approve the prices at which all services and products provided, manufactured, produced or harvested by enterprises shall be furnished; provided that the prices shall be as near the prevailing market price as possible. As used in this subsection, "prevailing market price" means the prevailing price that an equivalent product or service would have if purchased by a state agency or local public body from community sources. The commission shall include data provided by the purchasing division of the general services department in the price determination process. Compensation paid to inmates shall be included as an item of the cost in fixing prices;
E. consult regularly and continuously with state agencies and local public bodies in order to develop new enterprise products, adapt existing enterprise products and establish new service functions to meet their needs;
F. act as liaison with private industry, organized labor, the legislature and the general public;
G. obtain and provide technical assistance for enterprise programs;
H. hold meetings at such times and for such periods as it deems essential, but not less than quarterly;
I. recommend to the department the adoption of rules necessary to carry out the provisions of the Corrections Industries Act;
J. notwithstanding any other provision of law, adopt policies and procedures that permit an enterprise to make a single purchase of raw materials involving the expenditure of twelve thousand dollars ($12,000) or less without bids and at the best obtainable price whether or not the provider is the holder of a preexisting state contract for the particular product. Records of such purchases shall be maintained for auditor's inspection and reported at the next scheduled commission meeting. Separate purchases of the same or similar materials from the same or different suppliers at the same time or about the same time where each purchase does not exceed twelve thousand dollars ($12,000), but the aggregate of such purchases exceeds twelve thousand dollars ($12,000), shall be considered a single purchase involving more than twelve thousand dollars ($12,000);
K. notwithstanding any other provision of law, adopt policies and procedures that permit an enterprise to make a single purchase of a product or service other than raw materials involving the expenditure of two thousand dollars ($2,000) or less without bids and at the best obtainable price whether or not the provider is the holder of a preexisting state contract for the particular product or service. Records of such purchases shall be maintained for auditor's inspection and reported at the next scheduled commission meeting. Separate purchases of the same or similar materials or services from the same or different suppliers at the same time or about the same time where each purchase does not exceed two thousand dollars ($2,000), but the aggregate of such purchases exceeds two thousand dollars ($2,000), shall be considered a single purchase involving more than two thousand dollars ($2,000);
L. review, approve, adopt and monitor an annual budget for all enterprises. The budget process shall include a projected profit analysis, sales forecast and anticipated year-end financial forecast;
M. submit and recommend the names of one or more qualified individuals to the secretary of corrections for appointment as director of the corrections industries division;
N. advise the director of the corrections industries division in the management and control of the corrections industries division;
O. assist in the process of inmate occupational placement upon release from confinement by coordination with the parole board and the field services division; and
P. prepare an annual report to the governor and the legislature that contains:
(1) a detailed financial statement for each enterprise in each facility;
(2) a detailed financial statement of the fund;
(3) reasons for establishing or terminating enterprises;
(4) a summary of plans to develop additional enterprises;
(5) the number of inmates employed in each enterprise;
(6) the number of idle inmates available for work at each facility; and
(7) any further information requested by the governor or the legislature.
Laws 1981, ch. 127, § 6; 1985 (1st S.S.), ch. 7, § 1; 2005, ch. 23, § 5.
NMSA 1978, § 33-8-7 Corrections industries revolving fund created
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.
Laws 1981, ch. 127, § 7.
NMSA 1978, § 33-8-8 Inmate compensation
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.
Laws 1981, ch. 127, § 8; 1986, ch. 71, § 1; 1991, ch. 35, § 1.
NMSA 1978, § 33-8-9 Enterprises; working day
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.
Laws 1981, ch. 127, § 9.
NMSA 1978, § 33-8-12 Products; sale; labeling requirement; penalty; exceptions
33-8-12. Products; sale; labeling requirement; penalty; exceptions
A. Except as otherwise provided in this section, no product or service manufactured or provided in whole or in part by inmate labor shall be sold or furnished except to a qualified purchaser; provided that such products may be resold by the user for purposes of salvage. As used in this subsection, "qualified purchaser" means:
(1) a state agency;
(2) local public bodies;
(3) the state agencies of other states and their local public bodies;
(4) agencies of the federal government;
(5) tribal and pueblo governments;
(6) nonprofit organizations properly registered under state law and supported wholly or in part by funds derived from public taxation;
(7) persons, partnerships, corporations or associations that provide public school transportation services to a state agency or local public body pursuant to contract;
(8) any business engaged primarily in the manufacture or resale of the same type of product;
(9) a person, partnership, corporation or association that provides correctional services to the department pursuant to a contract; and
(10) a person, partnership, corporation or association that houses inmates on behalf of the department.
B. Every product manufactured pursuant to the provisions of the Corrections Industries Act shall be distinctively identified as inmate-made by brand, label or mark consistent with the type and character of the product. Every product manufactured pursuant to the provisions of the Corrections Industries Act may be certified pursuant to the federal private sector prison industry enhancement certification program.
C. A person who violates the provisions of Subsection A of this section is guilty of a misdemeanor and upon conviction shall be sentenced to imprisonment in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than one thousand dollars ($1,000) or to both imprisonment and fine in the discretion of the judge.
D. The provisions of this section shall not apply to products produced pursuant to Section 33-8-13 NMSA 1978.
E. Notwithstanding the provisions of Subsection A of this section, to assure the most effective use of state-owned land, produce from agricultural and animal husbandry enterprises may be sold to commercial sources upon review and recommendation of the commission and pursuant to procedures, including audit, established by the secretary of finance and administration.
F. The corrections industries division of the department may sell products manufactured pursuant to the provisions of the Corrections Industries Act to the general public; provided that all inmate labor used in the production of any products offered to the general public is voluntary and not compelled. All sales to the general public shall take place on corrections industries division property. Sales to the general public shall not be conducted online or by mail order. Proceeds from the sales shall be placed into the corrections industries revolving fund; a portion of the proceeds placed into the corrections industries revolving fund pursuant to this subsection shall be placed into the crime victims reparation fund.
Laws 1981, ch. 127, § 12; 1992, ch. 62, § 1; 1999, ch. 22, § 1; 2014, ch. 29, § 1; 2017, ch. 88, § 1.
NMSA 1978, § 33-8-12.2 Corrections industries sales representatives
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.
1978 Comp., § 33-8-12.2, enacted by Laws 1985 (1st S.S.), ch. 7, § 3.
NMSA 1978, § 33-8-13 Private industry on facility grounds
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.
Laws 1981, ch. 127, § 13.
NMSA 1978, § 33-8-15 Public works
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.
Laws 1981, ch. 127, § 15.
NMSA 1978, § 33-8-16 Corrections; handiwork products
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.
Laws 1981, ch. 167, § 1.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18533/index.doFetched: 10/20/2026