2020 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.

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).