45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CRIMINAL LAW; REVISING PROCEDURES REGARDING PROVISION OF NOTICE TO CRIME VICTIMS; AMENDING SECTIONS OF THE VICTIMS OF CRIME ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 31-26-9 NMSA 1978 (being Laws 1994, Chapter 144, Section 9) is amended to read:

"31-26-9. PROCEDURES FOR PROVIDING VICTIMS WITH NOTICE OF RIGHTS AND INFORMATION REGARDING PROSECUTION OF A CRIMINAL OFFENSE--DISTRICT ATTORNEYS--ATTORNEY GENERAL'S OFFICE.--

A. Within seven working days after a district attorney or the attorney general's office files a formal charge against the accused for a criminal offense, the district attorney or the attorney general's office, when appropriate, shall provide the victim of the criminal offense with:

(1) a copy of Article 2, Section 24 of the constitution of New Mexico, regarding victims' rights;

(2) a copy of [legislation] Chapter 31, Article 26 NMSA 1978 that implements the provisions of Article 2, Section 24 of the constitution of New Mexico;

(3) a copy of the charge filed against the accused for the criminal offense;

(4) a clear and concise statement of the procedural steps generally involved in prosecuting a criminal offense; and

(5) the name of a person within the district attorney's office whom the victim may contact for additional information regarding prosecution of the criminal offense.

B. If requested by the victim, the district attorney's office or the attorney general's office, when appropriate, shall provide the victim with oral or written notice, in a timely fashion, of a scheduled court proceeding attendant to the criminal offense."

Section 2. Section 31-26-10 NMSA 1978 (being Laws 1994, Chapter 144, Section 10) is amended to read:

"31-26-10. PROCEDURES FOR PROVIDING VICTIMS WITH NOTICE OF A COURT PROCEEDING--COURTS--DISTRICT ATTORNEYS--ATTORNEY GENERAL'S OFFICE.--A court shall provide a district attorney's office or the attorney general's office, when appropriate, with oral or written notice no later than seven working days prior to a scheduled court proceeding attendant to a criminal offense, unless a shorter notice period is reasonable under the circumstances. The district attorney's office or the attorney general's office, when appropriate, shall convey the information concerning the scheduled court proceeding to the victim, as provided in Subsection B of Section [9 of the Victims of Crime Act] 31-26-9 NMSA 1978."

Section 3. Section 31-26-11 NMSA 1978 (being Laws 1994, Chapter 144, Section 11, as amended) is amended to read:

"31-26-11. PROCEDURES WHEN AN INMATE OR DELINQUENT CHILD ESCAPES--CORRECTIONS DEPARTMENT--CHILDREN, YOUTH AND FAMILIES DEPARTMENT--ADMINISTRATIVE OFFICE OF THE DISTRICT ATTORNEYS--DISTRICT ATTORNEYS--ATTORNEY GENERAL'S OFFICE.--

A. The corrections department or the children, youth and families department shall immediately notify the sentencing judge or the children's court judge, the [district attorney of the judicial district from which the inmate or delinquent child was committed] administrative office of the district attorneys, the attorney general's office, when appropriate, and the probation officer who authored the presentence report when an inmate or delinquent child:

(1) escapes from a correctional facility or juvenile justice facility under the jurisdiction of the corrections department or the children, youth and families department; or

(2) convicted in New Mexico of a capital, first degree or second degree felony and transferred to a facility under the jurisdiction of another state escapes from that facility.

B. The administrative office of the district attorneys shall immediately notify the district attorney of the judicial district from which the inmate or delinquent child was committed. The district attorney or the attorney general's office, when appropriate, shall immediately notify [any] a person known to reside in his district who was a victim of the criminal or delinquent offense for which the inmate or delinquent child was committed."

Section 4. Section 31-26-12 NMSA 1978 (being Laws 1994, Chapter 144, Section 12, as amended) is amended to read:

"31-26-12. PROCEDURES WHEN AN INMATE IS RELEASED FROM INCARCERATION--ADULT PAROLE BOARD--CORRECTIONS DEPARTMENT--PROCEDURES WHEN A DELINQUENT CHILD IS RELEASED FROM CUSTODY-- JUVENILE PAROLE BOARD--CHILDREN, YOUTH AND FAMILIES DEPARTMENT--ADMINISTRATIVE OFFICE OF THE DISTRICT ATTORNEYS--DISTRICT ATTORNEYS--ATTORNEY GENERAL'S OFFICE.--

A. The adult parole board and the juvenile parole board shall provide a copy of their respective regular release dockets to [each district attorney in the state at least ten working] the administrative office of the district attorneys or the attorney general's office, when appropriate, at least thirty calendar days before the docket is considered by the board. The administrative office of the district attorneys shall notify the district attorney of the judicial district from which the inmate or delinquent child was committed. The district attorney or the attorney general's office, when appropriate, shall notify [any] a person known to reside in his district who was a victim of the criminal offense for which the inmate was incarcerated or the delinquent child was committed.

B. The adult parole board [and] or the juvenile parole board shall provide a copy of a supplemental, addendum or special docket to [each district attorney at least five working] the administrative office of the district attorneys or the attorney general's office, when appropriate, at least ten calendar days before the release docket is considered by the board.

C. Following consideration of a release docket by the adult parole board, the corrections department shall promptly notify the administrative office of the district attorneys or the attorney general's office, when appropriate, of any recommendations adopted by the board for release of an inmate from incarceration. The administrative office of the district attorneys shall notify the district attorney of the judicial district from which the inmate was committed. The district attorney or the attorney general's office, when appropriate, shall notify any person known to reside in his district who was a victim of the criminal offense for which the inmate was incarcerated.

[C.] D. Following consideration of a release docket by [the adult parole board or] the juvenile parole board, [each] the board shall promptly notify [each district attorney] the administrative office of the district attorneys or the attorney general's office, when appropriate, of [any] recommendations adopted by the board for release of [an inmate from incarceration or] a delinquent child from custody. The administrative office of the district attorneys shall notify the district attorney of the judicial district from which the delinquent child was committed. The district attorney or the attorney general's office, when appropriate, shall notify [any] a person known to reside in his district who was a victim of the criminal offense for which [the inmate was incarcerated or] the delinquent child was committed.

[D.] E. In the case of an inmate scheduled to be released from incarceration without parole or prior to parole for any reason, or a delinquent child scheduled to be released from custody, the corrections department or the children, youth and families department shall notify [each district attorney] the administrative office of the district attorneys or the attorney general's office, when appropriate, at least fifteen working days before the inmate's or delinquent child's release. The administrative office of the district attorneys shall notify the district attorney of the judicial district from which the inmate or the delinquent child was committed. The district attorney or the attorney general's office, when appropriate, shall notify [any] a person known to reside in his district who was a victim of the criminal offense for which the inmate was incarcerated or the delinquent child was committed."

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.