45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO CRIMINAL LAW; PROVIDING FOR TREATMENT OF CRIMINAL OFFENDERS CONVICTED OF CERTAIN SEXUAL OFFENSES AGAINST CHILDREN LESS THAN THIRTEEN YEARS OF AGE; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

Section 1. A new section of Chapter 31, Article 18 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SENTENCING OF PERSONS CONVICTED OF CERTAIN SEXUAL OFFENSES AGAINST CHILDREN LESS THAN THIRTEEN YEARS OF AGE--TREATMENT WITH MEDROXYPROGESTERONE ACETATE OR ITS EQUIVALENT.--

A. A person convicted of criminal sexual penetration in the first degree when the victim is a child less than thirteen years of age shall, if paroled, undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other treatment or punishment prescribed for that offense by the sentencing court.

B. A person required to undergo treatment pursuant to Subsection A of this section:

(1) shall be exempt from that treatment if he has undergone or does undergo a permanent surgical alternative to hormonal chemical treatment for sex offenders; and

(2) shall begin medroxyprogesterone acetate treatment one week prior to his release on parole from the physical custody of the corrections department or another institution and shall remain on the treatment program unless the parole board demonstrates to the satisfaction of the court sentencing the person pursuant to this section that the treatment is no longer necessary and the court enters an order to that effect.

C. The federal centers for disease control and prevention shall administer and implement the protocols required by this section. These protocols shall include a requirement that the person subject to treatment pursuant to this section shall be informed in writing about the effect of hormonal chemical treatment and any side effects that may result from it. The person shall provide a receipt in writing indicating that this information has been communicated to him.

D. Nothing in the implementation of the protocols developed pursuant to Subsection C of this section shall require a medical doctor employed by the corrections department or the parole board to participate against his will in the program authorized by this section."

Section 2. Section 31-21-10 NMSA 1978 (being Laws 1980, Chapter 28, Section 1, as amended) is amended to read:

"31-21-10. PAROLE AUTHORITY AND PROCEDURE.--

A. A person sentenced as a result of a conviction for committing criminal sexual penetration in the first degree when the victim is a child less than thirteen years of age may be paroled pursuant to the applicable provisions of law, but the term of parole shall be for the life of the person paroled.

[A.] B. Except as provided in Subsection A of this section, an inmate of an institution who was sentenced to life imprisonment as the result of the commission of a capital felony, who was convicted of three violent felonies and sentenced pursuant to Sections 31-18-23 and 31-18-24 NMSA 1978 or who was convicted of two violent sexual offenses and sentenced pursuant to Subsection A of Section 31-18-25 NMSA 1978 and Section 31-18-26 NMSA 1978 becomes eligible for a parole hearing after he has served thirty years of his sentence. Before ordering the parole of an inmate sentenced to life imprisonment, the board shall:

(1) interview the inmate at the institution where he is committed;

(2) consider all pertinent information concerning the inmate, including:

(a) the circumstances of the offense;

(b) mitigating and aggravating circumstances;

(c) whether a deadly weapon was used in the commission of the offense;

(d) whether the inmate is a habitual offender;

(e) the reports filed under Section

31-21-9 NMSA 1978; and

(f) the reports of such physical and mental examinations as have been made while in [prison] an institution;

(3) make a finding that a parole is in the best interest of society and the inmate; and

(4) make a finding that the inmate is able and willing to fulfill the obligations of a law-abiding citizen.

If parole is denied, the inmate sentenced to life imprisonment shall again become entitled to a parole hearing at two-year intervals. The board may, on its own motion, reopen any case in which a hearing has already been granted and parole denied.

[B.] C. Except as provided in Subsection A of this section, unless the board finds that it is in the best interest of society and the parolee to reduce the period of parole, a person who was convicted of a capital felony shall be required to undergo a minimum period of parole of five years. During the period of parole, the person shall be under the guidance and supervision of the board.

[C.] D. Except as provided in Subsection A of this section, an inmate who was convicted of a first, second or third degree felony and who has served the sentence of imprisonment imposed by the court in [a corrections facility] an institution designated by the corrections department shall be required to undergo a two-year period of parole. An inmate who was convicted of a fourth degree felony and who has served the sentence of imprisonment imposed by the court in [a corrections facility] an institution designated by the corrections department shall be required to undergo a one-year period of parole. During the period of parole, the person shall be under the guidance and supervision of the board.

[D.] E. Every person while on parole shall remain in the legal custody of the institution from which he was released, but shall be subject to the orders of the board. The board shall furnish to each inmate as a prerequisite to his release under its supervision a written statement of the conditions of parole that shall be accepted and agreed to by the inmate as evidenced by his signature affixed to a duplicate copy to be retained in the files of the board. The board shall also require as a prerequisite to release the submission and approval of a parole plan. If an inmate refuses to affix his signature to the written statement of the conditions of his parole or does not have an approved parole plan, he shall not be released and shall remain in the custody of the [corrections facility] institution in which he has served his sentence, excepting parole, until such time as the period of parole he was required to serve, less meritorious deductions, if any, expires, at which time he shall be released from that [facility] institution without parole, or until such time that he evidences his acceptance and agreement to the conditions of parole as required or receives approval for his parole plan or both. Time served from the date that an inmate refuses to accept and agree to the conditions of parole or fails to receive approval for his parole plan shall reduce the period, if any, to be served under parole at a later date. If the district court has ordered that the inmate make restitution to a victim as provided in Section 31-17-1 NMSA 1978, the board shall include restitution as a condition of parole. The board shall also personally apprise the inmate of the conditions of parole and his duties relating thereto.

[E.] F. Except as provided in Subsection A of this section, when a person on parole has performed the obligations of his release for the period of parole provided in this section, the board shall make a final order of discharge and issue him a certificate of discharge.

[F.] G. Pursuant to the provisions of Section 31-18-15 NMSA 1978, the board shall require the inmate as a condition of parole:

(1) to pay the actual costs of his parole services to the adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand twenty dollars ($1,020) annually to be paid in monthly installments of not less than fifteen dollars ($15.00) and not more than eighty-five dollars ($85.00), subject to modification by the adult probation and parole division on the basis of changed financial circumstances; and

(2) to reimburse a law enforcement agency or local crime stopper program for the amount of any reward paid by the agency or program for information leading to his arrest, prosecution or conviction.

[G.] H. The provisions of this section shall apply to all inmates except geriatric, permanently incapacitated and terminally ill inmates eligible for the medical and geriatric parole program as provided by the Parole Board Act."

Section 3. APPROPRIATION.--Two hundred thousand dollars ($200,000) is appropriated from the general fund to the corrections department for expenditure in fiscal year 2003 for the purpose of implementing a program of hormonal chemical treatment for sex offenders released on parole on the condition of participating in the program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2003 shall revert to the general fund.

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2002.