SENATE BILL 932
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Cisco McSorley
AN ACT
RELATING TO SEX OFFENDERS; PROVIDING FOR LIFETIME PAROLE SUPERVISION FOR CERTAIN SEX OFFENDERS; CLARIFYING STANDARD OF PROOF; INCREASING THE PERIOD OF PAROLE FOR CRIMINAL SEXUAL CONTACT OF A MINOR IN THE FOURTH DEGREE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 31-21-10.1 NMSA 1978 (being Laws 2003 (1st S.S.), Chapter 1, Section 9) is amended to read:
"31-21-10.1. SEX OFFENDERS--PERIOD OF PAROLE--TERMS AND CONDITIONS OF PAROLE.--
A. If the district court sentences a sex offender to a term of incarceration in a facility designated by the corrections department, the district court shall include a provision in the judgment and sentence that specifically requires the sex offender to serve an indeterminate period of supervised parole for a period of:
(1) not less than five years and not in excess of twenty years for the offense of kidnapping when committed with intent to inflict a sexual offense upon the victim, criminal sexual penetration in the third degree, criminal sexual contact of a minor in the fourth degree or sexual exploitation of children in the second degree; or
(2) not less than five years and up to the natural life of the sex offender for the offense of criminal sexual penetration in the first or second degree, criminal sexual contact of a minor in the second or third degree or sexual exploitation of children by prostitution in the first or second degree.
A sex offender's period of supervised parole may be for a period of less than [twenty years] the maximum if, at a review hearing provided for in Subsection [B] C of this section, the state is unable to prove that the sex offender should remain on parole.
B. Prior to placing a sex offender on parole, the board shall conduct a hearing to determine the terms and conditions of supervised parole for the sex offender. The board may consider any relevant factors, including:
(1) the nature and circumstances of the offense for which the sex offender was incarcerated;
(2) the nature and circumstances of a prior sex offense committed by the sex offender;
(3) rehabilitation efforts engaged in by the sex offender, including participation in treatment programs while incarcerated or elsewhere;
(4) the danger to the community posed by the sex offender; and
(5) a risk and needs assessment regarding the sex offender, developed by the sex offender management board of the New Mexico sentencing commission or another appropriate entity, to be used by appropriate parole board personnel.
[B. The board shall review the terms and conditions of a sex offender's supervised parole at two and one-half year intervals.]
C. When a sex offender has served the initial five years of supervised parole, and at two and one-half year intervals thereafter, the board shall [also] review the duration of the sex offender's supervised parole [at two and one-half year intervals. When a sex offender has served the initial five years of supervised parole]. At each review hearing, the [state] attorney general shall bear the burden of proving [to a reasonable certainty] by a preponderance of the evidence that the sex offender should remain on parole.
[C.] D. The board may order a sex offender released on parole to abide by reasonable terms and conditions of parole, including:
(1) being subject to intensive supervision by a parole officer of the corrections department;
(2) participating in an outpatient or inpatient sex offender treatment program;
(3) a parole agreement by the sex offender not to use alcohol or drugs;
(4) a parole agreement by the sex offender not to have contact with certain persons or classes of persons; and
(5) being subject to alcohol testing, drug testing or polygraph examinations used to determine if the sex offender is in compliance with the terms and conditions of his parole.
[D.] E. The board shall notify the chief public defender of an upcoming parole hearing for a sex offender pursuant to Subsection C of this section, and the chief public defender shall make representation available to the sex offender at the parole hearing.
[E.] F. If the board finds that a sex offender has violated the terms and conditions of [his] parole, the board may revoke [his] parole or may [order additional] modify the terms and conditions of parole.
[F.] G. The provisions of this section shall apply to all sex offenders, except geriatric, permanently incapacitated and terminally ill inmates eligible for the medical and geriatric parole program as provided by the Parole Board Act.
[G.] H. As used in this section, "sex offender" means a person who is convicted of, pleads guilty to or pleads nolo contendere to any one of the following offenses:
(1) kidnapping, as provided in
Section 30-4-1 NMSA 1978, when committed with intent to inflict a sexual offense upon the victim;
(2) criminal sexual penetration in the first, second or third degree, as provided in Section 30-9-11 NMSA 1978;
(3) criminal sexual contact of a minor in the second, [or] third or fourth degree, as provided in Section 30-9-13 NMSA 1978;
(4) sexual exploitation of children in the second degree, as provided in Section 30-6A-3 NMSA 1978; or
(5) sexual exploitation of children by prostitution in the first or second degree, as provided in Section 30-6A-4 NMSA 1978."
Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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