SENATE BILL 63

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Cisco McSorley

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO PAROLE; REQUIRING THE DIRECTOR OF THE ADULT PROBATION AND PAROLE DIVISION OF THE CORRECTIONS DEPARTMENT TO IDENTIFY AND AUTHORIZE THE RELEASE OF ELIGIBLE INMATES ON MEDICAL OR GERIATRIC PAROLE; REQUIRING RULEMAKING; REQUIRING REPORTING; REPEALING SECTION 31-21-25.1 NMSA 1978 (BEING LAWS 1994, CHAPTER 21, SECTION 3).

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; and] the director;

          F. "adult" means any person convicted of a crime by a district court;

          G. "geriatric inmate" means a male or female offender who:

                (1) is under sentence to or confined in a prison or other correctional institution under the control of the corrections department;

                (2) is sixty-five years of age or older;

                (3) suffers from a chronic infirmity, illness or disease related to aging; and

                (4) does not constitute a danger to the offender's own self or to society;

          H. "permanently incapacitated inmate" means a male or female offender who:

                (1) is under sentence to or confined in a prison or other correctional institution under the control of the corrections department;

                (2) by reason of an existing medical condition, is permanently and irreversibly physically incapacitated; and

                (3) does not constitute a danger to the offender's own self or to society; and

          I. "terminally ill inmate" means a male or female offender who:

                (1) is under sentence or confined in a prison or other correctional institution under the control of the corrections department;

                (2) has an incurable condition caused by illness or disease that would, within reasonable medical judgment, produce death within six months; and

                (3) does not constitute a danger to the offender's own self or to society."

     SECTION 2. Section 31-21-17.1 NMSA 1978 (being Laws 1994, Chapter 21, Section 2) is amended to read:

     "31-21-17.1. [ADMINISTRATION BY] MEDICAL OR GERIATRIC PAROLE--PROCEDURES--DUTIES OF THE DEPARTMENT--DUTIES OF THE BOARD.--

          A. The corrections department, in collaboration with the board, shall promulgate rules to govern and shall implement a "medical and geriatric parole program" by July 1, 2019.

          B. The director shall identify geriatric, permanently incapacitated and terminally ill inmates, consider applications for medical or geriatric release and authorize the release of those inmates who are eligible for medical or geriatric [or medical] parole [based on rules established by the board. The department shall forward], whose release is not incompatible with the welfare of society and who were not convicted of first degree murder.

          C. An inmate who seeks release on medical or geriatric parole, or the inmate's representative, shall submit an application and documentation in support of parole eligibility to the [board within thirty days of receipt of an application from an inmate] director. The documentation submitted in support of an application for medical or geriatric parole shall include information concerning the inmate's age, medical history and prognosis, institutional behavior and adjustment and criminal history. [The inmate or inmate's representative may submit an application to the board.]

          D. Inmates who have not served their minimum sentences may be considered eligible for parole under the medical and geriatric parole program. Medical and geriatric parole consideration shall be in addition to any other parole for which a geriatric, permanently incapacitated or terminally ill inmate may be eligible.

          E. When considering an inmate for medical or geriatric parole, the director may request that certain medical evidence be produced or that reasonable medical examinations be conducted.

          F. When determining an inmate's eligibility for geriatric or medical parole, the director shall consider the following criteria concerning the inmate:

                (1) age;

                (2) severity of illness, disease or infirmities;

                (3) comprehensive health evaluation;

                (4) institutional behavior;

                (5) level of risk for violence;

                (6) criminal history; and

                (7) alternatives to maintaining the geriatric, permanently incapacitated or terminally ill inmate in traditional settings.

          G. The director shall review an application and supporting documentation and, within thirty days of receipt of the application, shall make a determination of the applicant's eligibility for medical or geriatric parole. Within seventy-two hours of making a determination that an inmate is eligible for medical or geriatric parole, the director shall authorize the board to release the inmate.

          H. The parole term of a geriatric, permanently incapacitated or terminally ill inmate on medical or geriatric parole shall be for the remainder of the inmate's sentence, without diminution of sentence for good behavior.

          I. The board shall:

                (1) release an inmate on medical or geriatric parole upon receipt of authorization from the director to release the inmate;

                (2) determine the appropriate level of supervision following an inmate's release on medical or geriatric parole and develop a comprehensive discharge plan for those geriatric, permanently incapacitated and terminally ill inmates; and

                (3) at the time of an inmate's release on medical or geriatric parole, prescribe terms and conditions of the inmate's parole, including medical supervision and intervals of periodic medical evaluations.

          J. The director shall report annually to the appropriate legislative interim committee the:

                (1) number of applications for medical and geriatric parole received by the director;

                (2) nature of the illnesses, disease or condition of the applicants;

                (3) reason any application for medical or geriatric parole was denied; and

                (4) number of persons on medical or geriatric parole who have been returned to the custody of the corrections department and the reasons for their return."

     SECTION 3. REPEAL.--Section 31-21-25.1 NMSA 1978 (being Laws 1994, Chapter 21, Section 3) is repealed.

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