HOUSE BILL 296

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Rod Montoya

AN ACT

RELATING TO CRIMINAL SENTENCING; AMENDING A SECTION OF THE PROBATION AND PAROLE ACT TO ADD PERSONS CONVICTED IN MAGISTRATE, METROPOLITAN OR MUNICIPAL COURTS TO THE DEFINITION OF "ADULT".

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

     SECTION 1. Section 31-21-5 NMSA 1978 (being Laws 1978, Chapter 41, Section 1, as amended) is amended to read:

     "31-21-5. DEFINITIONS.--As used in the Probation and Parole Act:

          A. "probation" means the procedure under which an adult defendant, found guilty of a crime upon verdict or plea, is released by the court without imprisonment under a suspended or deferred sentence and subject to conditions;

          B. "parole" means the release to the community of an inmate of an institution by decision of the board or by operation of law, subject to conditions imposed by the board and to its supervision;

          C. "institution" means the state penitentiary and any other similar state institution hereinafter created;

          D. "board" means the parole board;

          E. "director" means the director of the [field services] adult probation and parole division of the corrections department or any employee designated by [him] the director; and

          F. "adult" means any person convicted of a crime by a district, magistrate, metropolitan or municipal court."

- 2 -