HOUSE BILL 4
46th legislature - STATE OF NEW MEXICO - first special session, 2003
INTRODUCED BY
Thomas E. Swisstack
FOR THE CORRECTIONS OVERSIGHT AND JUSTICE COMMITTEE
AN ACT
RELATING TO SEXUAL OFFENSES; CREATING A SEX OFFENDER MANAGEMENT BOARD WITHIN THE NEW MEXICO SENTENCING COMMISSION; PROVIDING DUTIES; ENACTING A SECTION 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 9, Article 3 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SEX OFFENDER MANAGEMENT BOARD--CREATION--MEMBERSHIP--DUTIES.--
A. There is created within the New Mexico sentencing commission the "sex offender management board".
B. The sex offender management board shall be composed of the following members or their designees:
(1) the attorney general;
(2) a district attorney appointed by the district attorneys association of New Mexico;
(3) the chief public defender;
(4) a district court judge appointed by the district court judge's association of New Mexico;
(5) the secretary of corrections;
(6) the secretary of health;
(7) the secretary of children, youth and families;
(8) one public member appointed by the governor who is a representative of a New Mexico victims organization;
(9) two representatives appointed by the governor who are mental health professionals licensed to practice in New Mexico. At least one of the mental health professionals shall be a member of the association for the treatment of sexual abusers;
(10) a representative appointed by the governor from the adult probation and parole division of the corrections department who has expertise in the supervision of sex offenders;
(11) a representative appointed by the governor from the law enforcement community who has expertise regarding sex offender community notification, registration, tracking and monitoring;
(12) a representative appointed by the governor who is affiliated with a civil liberties organization; and
(13) a representative appointed by the governor who is affiliated with a faith-based organization.
C. The sex offender management board shall:
(1) hold meetings at times and for periods as the board deems necessary to accomplish its objectives, but shall meet at least eight times a year;
(2) develop and prescribe a standard procedure for the identification and evaluation of convicted sex offenders. The procedure shall include behavior management, monitoring, treatment and program compliance for sex offenders. The board shall develop and implement measures of success;
(3) develop and implement guidelines and standards for the treatment of sex offenders that can be utilized by offenders who are placed on probation, incarcerated with the corrections department, placed on parole or placed in a community corrections program. The guidelines and standards shall include a monitoring process and a plan for developing treatment programs for sex offenders;
(4) create a risk assessment-screening tool and program to assist sentencing of sex offenders, including determining the duration, terms and conditions of probation and parole for sex offenders;
(5) develop guidelines and standards for monitoring sex offenders who are undergoing evaluation or treatment, including behavioral monitoring;
(6) develop criteria for measuring a sex offender's progress in treatment programs. The parole board shall use the criteria to determine whether a sex offender may appropriately be released from incarceration or discharged from probation or parole;
(7) develop a standardized procedure for the identification and evaluation of juvenile sex offenders. The procedure shall include behavior management, monitoring, treatment and program compliance for juvenile sex offenders. The board shall develop and implement measures of success;
(8) develop and implement guidelines and standards for the treatment of juvenile sex offenders who are placed on probation, committed to a state agency, placed on parole or placed in a community corrections program;
(9) research and analyze safety issues raised when sex offenders live in a community;
(10) study and consider the viability and legality of a civil commitment program for sex offenders; (11) research and determine the feasibility and legality of implementing indeterminate sentencing for sex offenders;
(12) study the use of clinical polygraph testing as a means to evaluate sex offenders;
(13) evaluate sex offender treatment programs administered by state agencies and recommend changes, if needed, in those treatment programs; and
(14) review the provisions of the Sex Offender Notification and Registration Act and recommend changes, if needed, to that act.
D. The sex offender management board shall report its findings and recommendations to the New Mexico sentencing commission on a quarterly basis. The New Mexico sentencing commission shall vote to approve, disapprove or revise the recommendations of the board.
E. The members of the sex offender management board shall be paid pursuant to the Per Diem and Mileage Act and shall receive no other perquisite, compensation or allowance."
Section 2. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the New Mexico sentencing commission for expenditure in fiscal years 2004 and 2005 to fund the operations of the sex offender management board. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall revert to the general fund.
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