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.
History: Laws 1981, ch. 127, § 12; 1992, ch. 62, § 1; 1999, ch. 22, § 1; 2014, ch. 29, § 1; 2017, ch. 88, § 1.
ANNOTATIONSCross references. — For procurements pursuant to the Corrections Industries Act, see 13-1-189 NMSA 1978.
For the crime victims reparation fund, see 31-22-21 NMSA 1978.
The 2017 amendment, effective July 1, 2017, removed the price limit for products sold by the corrections industries division of the corrections department pursuant to the Corrections Industries Act, removed the limit of twice-yearly sales of these products, and added certain limitations on the sale of products manufactured pursuant to the provisions of the Corrections Industries Act to the general public; in Subsection F, after "Corrections Industries Act", deleted "valued at a prevailing market price of three hundred dollars ($300) or less", after "general public", deleted "twice a year" and added "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."
The 2014 amendment, effective July 1, 2014, permitted the corrections industries division to sell products valued under three hundred dollars twice a year; in Subsection A, at the beginning of the first sentence, added "Except as otherwise provided in this section"; and added Subsection F.
The 1999 amendment, effective July 1, 1999, in Subsection A, added the Paragraph (1) through (8) designations and added Paragraphs (9) and (10).
The 1992 amendment, effective March 9, 1992, added all of the present language of the second sentence of Subsection A following "contract"; added the second sentence of Subsection B; and made minor stylistic changes throughout the section.