0001|                         HOUSE BILL 122
    |
0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
    |
0003|     1996
    |
0004|                         INTRODUCED BY
    |
0005|                        JERRY LEE ALWIN
    |
0006|     
    |
0007|     
    |
0008|     
    |
0009|     FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
    |
0010|     
    |
0011|                             AN ACT
    |
0012|     RELATING TO CORRECTIONS; EXPANDING THE ELIGIBILITY OF INMATES
    |
0013|     FOR PLACEMENT IN COMMUNITY CORRECTIONS OR INTENSIVE SUPERVISION
    |
0014|     PROGRAMS; AMENDING SECTIONS OF THE NMSA 1978.
    |
0015|     
    |
0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0017|       Section 1.  Section 31-21-13.1 NMSA 1978 (being Laws 1988,
    |
0018|     Chapter 62, Section 3, as amended) is amended to read:
    |
0019|       "31-21-13.1.  INTENSIVE SUPERVISION PROGRAMS.--
    |
0020|            A.  As used in this section, "intensive supervision
    |
0021|     programs" means programs that provide highly structured and
    |
0022|     intense supervision, with stringent reporting requirements, of
    |
0023|     certain individuals who represent an excessively high assessment
    |
0024|     of risk of violation of probation or parole, emphasize
    |
0025|     meaningful rehabilitative activities and reasonable alternatives
    |
0001|     without seriously increasing the risk of recidivist crime and
    |
0002|     facilitate the payment of restitution by the offender to the
    |
0003|     victim.  Intensive supervision programs include house arrest
    |
0004|     programs or electronic surveillance programs or both.
    |
0005|            B.  The corrections department shall implement and
    |
0006|     operate intensive supervision programs in various local
    |
0007|     communities.  The programs shall provide services for
    |
0008|     appropriate individuals by probation and parole officers of the
    |
0009|     corrections department.  The corrections department shall
    |
0010|     promulgate rules and regulations to provide that the officers
    |
0011|     providing these services have a maximum case load of twenty
    |
0012|     offenders and to provide for offender selection and other
    |
0013|     criteria.  The corrections department may cooperate with all
    |
0014|     recognized law enforcement authorities and share all necessary
    |
0015|     and pertinent information, records or documents regarding
    |
0016|     probationers or parolees in order to implement and operate these
    |
0017|     intensive supervision programs.
    |
0018|            C.  For purposes of this section, a judge
    |
0019|     contemplating imposition of an intensive supervision program for
    |
0020|     an individual shall consult with the adult probation and parole
    |
0021|     division of the corrections department and consider the
    |
0022|     recommendations before imposing such probation.  The adult
    |
0023|     probation and parole division of the corrections department
    |
0024|     shall recommend only those individuals who would have otherwise
    |
0025|     been recommended for incarceration for intensive supervision
    |
0001|     programs.  A judge has discretion to impose an intensive
    |
0002|     supervision program for an individual, regardless of
    |
0003|     recommendations made by the adult probation and parole division. 
    |
0004|     Inmates eligible for parole, or within <s>[twelve]</s> <u>twenty-four</u>
    |
0005|     months of eligibility for parole, or inmates who would otherwise
    |
0006|     remain in a correctional institution for lack of a parole plan
    |
0007|     or those parolees whose parole the board would otherwise revoke
    |
0008|     are eligible for intensive supervision programs. The provisions
    |
0009|     of this section do not limit or reduce the statutory authority
    |
0010|     vested in probation and parole supervision as defined by any
    |
0011|     other section of the Probation and Parole Act.
    |
0012|            D.  There is created in the state treasury the
    |
0013|     "corrections department intensive supervision fund" to be
    |
0014|     administered by the corrections department upon vouchers signed
    |
0015|     by the secretary of corrections.  Balances in the corrections
    |
0016|     department intensive supervision fund shall not revert to the
    |
0017|     general fund.  Beginning July 1, 1988, the intensive supervision
    |
0018|     programs established pursuant to this section shall be funded by
    |
0019|     those supervision costs collected pursuant to the provisions of
    |
0020|     Sections 31-20-6 and 31-21-10 NMSA 1978.  The corrections
    |
0021|     department is specifically authorized to hire additional
    |
0022|     permanent or term full-time equivalent positions for the purpose
    |
0023|     of implementing the provisions of this section."
    |
0024|       Section 2.  Section 33-9-5 NMSA 1978 (being Laws 1983,
    |
0025|     Chapter 202, Section 5, as amended) is amended to read:
    |
0001|       "33-9-5.  CRITERIA FOR APPLICATIONS.--
    |
0002|            A.  Counties, municipalities or private
    |
0003|     organizations, individually or jointly, may apply for grants
    |
0004|     from the fund, including grants for counties or municipalities
    |
0005|     to purchase contractual services from private organizations,
    |
0006|     provided that:
    |
0007|                 (1)  the application is for funding a program
    |
0008|     with priority use being for criminal offenders selected pursuant
    |
0009|     to the provisions of Section 33-9-7 NMSA 1978;
    |
0010|                 (2)  the applicant certifies that it is willing
    |
0011|     and able to operate the program according to standards provided
    |
0012|     by the department, which may include the negotiation of a
    |
0013|     contract between the offender and program staff with provisions
    |
0014|     such as deductions from employment income for applicable victim
    |
0015|     restitution, family support, room and board, savings and weekly
    |
0016|     allowance.  In addition to monetary restitution, to the extent
    |
0017|     practical, or if monetary restitution is not applicable, the
    |
0018|     contract may include provision for community service restitution
    |
0019|     for a specific number of hours;
    |
0020|                 (3)  the applicant demonstrates the support of
    |
0021|     key components of the criminal justice system;
    |
0022|                 (4)  the applicant, if a private organization,
    |
0023|     demonstrates the support of the county and municipality where
    |
0024|     the program will provide services;
    |
0025|                 (5)  the applicant certifies that it will
    |
0001|     utilize volunteer services as an integral portion of the program
    |
0002|     to the maximum extent feasible; and
    |
0003|                 (6)  no class A county as defined in Section
    |
0004|     4-44-1 NMSA 1978, alone or in conjunction with any municipality
    |
0005|     within a class A county, shall receive more than forty-nine
    |
0006|     percent of any money appropriated to the fund.
    |
0007|            B.  Notwithstanding the provisions of Subsection A of
    |
0008|     this section:
    |
0009|                 (1)  the department may utilize the fund to
    |
0010|     place individuals eligible or within <s>[twelve]</s> <u>twenty-four</u>
    |
0011|     months of eligibility for parole in community-based settings. 
    |
0012|     The adult parole board may, in its discretion, require
    |
0013|     participation by a criminal offender in a program as a condition
    |
0014|     of parole pursuant to the provisions of Section 31-21-10 <u>NMSA
</u>    |
<u></u>0015| <u>    1978</u>; and
    |
0016|                 (2)  the department may authorize use of the
    |
0017|     fund for adults who are not criminal offenders with prior
    |
0018|     department approval, if the priority use does not result in full
    |
0019|     utilization of the fund or the capacity of a program, or the
    |
0020|     department may authorize additional programs or additional
    |
0021|     funding for existing programs.
    |
0022|            C.  The department may utilize not more than twenty-five percent of the fund to contract directly for programs,
    |
0023|     including programs for New Mexico Indian tribes and pueblos for
    |
0024|     diversion of state law offenders, or to establish programs
    |
0025|     operated by the department; provided, however, that the
    |
0001|     department may utilize up to sixty percent of the fund to
    |
0002|     operate adult community corrections programs if, after a
    |
0003|     reasonable effort to solicit proposals, there are no
    |
0004|     satisfactory proposals from a community where it is determined
    |
0005|     that a program is necessary or if it becomes necessary to cancel
    |
0006|     a program as provided in the contract.
    |
0007|            D.  The department shall establish additional
    |
0008|     guidelines for allocation of funds under the Adult Community
    |
0009|     Corrections Act. An applicant shall retain the authority to
    |
0010|     accept or reject the placement of any person in a program."
    |
0011|       Section 3.  EFFECTIVE DATE.--The effective date of the
    |
0012|     provisions of this act is July 1, 1996.
    |
0013|                            - 6 -
    |