HOUSE BILL 541

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

W. Ken Martinez

AN ACT

RELATING TO CRIMINAL LAW; CREATING THE CRIME OF ESCAPE FROM A SECURE RESIDENTIAL TREATMENT FACILITY.

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

     Section 1. ESCAPE FROM A SECURE RESIDENTIAL TREATMENT FACILITY.--

          A. Escape from a secure residential treatment facility consists of a person lawfully committed to a secure residential treatment facility escaping or attempting to escape from the facility.

          B. Whoever commits escape from a secure residential treatment facility is guilty of a:

                (1) misdemeanor if the person was committed to the facility as a result of a misdemeanor charge; or

                (2) fourth degree felony if the person was committed to the facility as a result of a felony charge.

          C. As used in this section, "secure residential treatment facility" means a secure facility not located within a correctional facility or detention center in which residents are being treated for substance abuse problems, and personnel and physical barriers prevent the residents from leaving.

- 2 -