0001| HOUSE BILL 231
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| FRANK BIRD
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO CRIMINAL LAW; REQUIRING LIFE IMPRISONMENT WHEN A
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0013| DEFENDANT IS CONVICTED OF A THIRD CRIMINAL OFFENSE THAT IS A
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0014| FIRST OR SECOND DEGREE FELONY OFFENSE; AMENDING SECTIONS OF THE
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0015| NMSA 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 31-18-23 NMSA 1978 (being Laws 1994,
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0019| Chapter 24, Section 2) is amended to read:
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0020| "31-18-23. THREE [VIOLENT] FIRST OR SECOND DEGREE
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0021| FELONY CONVICTIONS--MANDATORY LIFE IMPRISONMENT--EXCEPTION.--
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0022| A. When a defendant is convicted of a third
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0023| [violent] first or second degree felony and each [violent]
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0024| first or second degree felony conviction is part of a separate
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0025| transaction or occurrence and at least the third [violent]
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0001| first or second degree felony conviction is in New Mexico, the
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0002| defendant shall, in addition to the punishment imposed for the
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0003| third [violent] first or second degree felony conviction
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0004| [and] when that sentence does not result in death, be
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0005| punished by a sentence of life imprisonment. The life
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0006| imprisonment sentence shall be subject to parole pursuant to the
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0007| provisions of Section 31-21-10 NMSA 1978.
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0008| B. The sentence of life imprisonment shall be
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0009| imposed after a sentencing hearing, separate from the trial or
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0010| guilty plea proceeding resulting in the third [violent] first
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0011| or second degree felony conviction, pursuant to the provisions
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0012| of Section 31-18-24 NMSA 1978.
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0013| C. For the purpose of this section, a [violent]
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0014| first or second degree felony conviction incurred by a
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0015| defendant before he reaches the age of eighteen shall not count
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0016| as a [violent] first or second degree felony conviction.
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0017| D. When a defendant has a felony conviction from
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0018| another state, the felony conviction shall be considered a
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0019| [violent] first or second degree felony for the purposes of
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0020| the Criminal Sentencing Act if that crime would be considered a
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0021| [violent] first or second degree felony in New Mexico.
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0022| [E. As used in the Criminal Sentencing Act:
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(1) "great bodily harm" means an injury to the
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person that creates a high probability of death or that causes
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serious disfigurement or that results in permanent loss or
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impairment of the function of any member or organ of the body;
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and
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(2) "violent felony" means:
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(a) murder in the first or second degree,
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as provided in Section 30-2-1 NMSA 1978;
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(b) shooting at or from a motor vehicle
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resulting in great bodily harm, as provided in Subsection B of
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Section 30-3-8 NMSA 1978;
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(c) kidnaping resulting in great bodily
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harm inflicted upon the victim by his captor, as provided in
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Subsection B of Section 30-4-1 NMSA 1978; and
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(d) criminal sexual penetration, as
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provided in Subsection C or Paragraph (4) or (5) of Subsection D
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of Section 30-9-11 NMSA 1978; and
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(e) robbery while armed with a deadly
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weapon resulting in great bodily harm as provided in Section
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30-16-2 NMSA 1978 and Section 30-1-12 (A) NMSA 1978.]"
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0018| Section 2. Section 31-18-24 NMSA 1978 (being Laws 1994,
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0019| Chapter 24, Section 3) is amended to read:
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0020| "31-18-24. [VIOLENT FELONY] THREE FIRST OR SECOND DEGREE
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0021| FELONY CONVICTIONS--SENTENCING PROCEDURE.--
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0022| A. The court shall conduct a separate sentencing
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0023| proceeding to determine any controverted question of fact
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0024| regarding whether the defendant has been convicted of three
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0025| [violent] first or second degree felonies. Either party to
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0001| the action may demand a jury trial.
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0002| B. In a jury trial, the sentencing proceeding shall
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0003| be conducted as soon as practicable by the original trial judge
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0004| before the original trial jury. In a nonjury trial, the
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0005| sentencing shall be conducted as soon as practicable by the
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0006| original trial judge. In the case of a plea of guilty, the
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0007| sentencing proceeding shall be conducted as soon as practicable
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0008| by the original trial judge or by a jury upon demand of the
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0009| defendant.
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0010| C. In a jury sentencing proceeding, the judge shall
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0011| give appropriate instructions and allow arguments. The jury
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0012| shall retire to determine the verdict. In a nonjury sentencing
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0013| proceeding, or upon a plea of guilty where no jury has been
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0014| demanded, the judge shall allow argument and determine the
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0015| verdict."
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0016| Section 3. Section 31-21-10 NMSA 1978 (being Laws 1980,
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0017| Chapter 28, Section 1, as amended by Laws 1994, Chapter 21,
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0018| Section 1 and also by Laws 1994, Chapter 24, Section 4) is
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0019| amended to read:
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0020| "31-21-10. PAROLE AUTHORITY AND PROCEDURE.--
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0021| A. An inmate of an institution who was sentenced to
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0022| life imprisonment as the result of the commission of a capital
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0023| felony, or who was convicted of three [violent] first or
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0024| second degree felonies and sentenced pursuant to [Section]
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0025| Sections
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0001| 31-18-23 and 31-18-24 NMSA 1978, becomes eligible for a parole
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0002| hearing after he has served thirty years of his sentence.
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0003| Before ordering the parole of an inmate sentenced to life
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0004| imprisonment, the board shall:
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0005| (1) interview the inmate at the institution
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0006| where he is committed;
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0007| (2) consider all pertinent information
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0008| concerning the inmate, including:
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0009| (a) the circumstances of the offense;
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0010| (b) mitigating and aggravating
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0011| circumstances;
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0012| (c) whether a deadly weapon was used in
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0013| the commission of the offense;
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0014| (d) whether the inmate is a habitual
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0015| offender;
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0016| (e) the reports filed under Section
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0017| 31-21-9 NMSA 1978; and
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0018| (f) the reports of [such] physical and
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0019| mental examinations [as] that have been made while in
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0020| prison;
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0021| (3) make a finding that a parole is in the best
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0022| interest of society and the inmate; and
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0023| (4) make a finding that the inmate is able and
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0024| willing to fulfill the obligations of a law-abiding citizen.
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0025| If parole is denied, the inmate sentenced to life
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0001| imprisonment shall again become entitled to a parole hearing at
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0002| two-year intervals. The board may, on its own motion, reopen
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0003| any case in which a hearing has already been granted and parole
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0004| denied.
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0005| B. Unless the board finds that it is in the best
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0006| interest of society and the parolee to reduce the period of
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0007| parole, a person who was convicted of a capital felony shall be
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0008| required to undergo a minimum period of parole of five years.
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0009| During the period of parole, the person shall be under the
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0010| guidance and supervision of the board.
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0011| C. An inmate who was convicted of a first, second or
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0012| third degree felony and who has served the sentence of
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0013| imprisonment imposed by the court in a corrections facility
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0014| designated by the corrections department shall be required to
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0015| undergo a two-year period of parole. An inmate who was
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0016| convicted of a fourth degree felony and who has served the
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0017| sentence of imprisonment imposed by the court in a corrections
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0018| facility designated by the corrections department shall be
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0019| required to undergo a one-year period of parole. During the
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0020| period of parole, the person shall be under the guidance and
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0021| supervision of the board.
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0022| D. Every person, while on parole, shall remain in
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0023| the legal custody of the institution from which he was released,
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0024| but shall be subject to the orders of the board. The board
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0025| shall furnish to each inmate as a prerequisite to his release
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0001| under its supervision a written statement of the conditions of
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0002| parole, which shall be accepted and agreed to by the inmate as
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0003| evidenced by his signature affixed to a duplicate copy to be
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0004| retained in the files of the board. The board shall also
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0005| require as a prerequisite to release the submission and approval
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0006| of a parole plan. If an inmate refuses to affix his signature
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0007| to the written statement of the conditions of his parole or does
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0008| not have an approved parole plan, he shall not be released and
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0009| shall remain in the custody of the corrections facility in which
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0010| he has served his sentence, excepting parole, until [such time
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as] the period of parole he was required to serve, less
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0012| meritorious deductions, if any, expires, at which time he shall
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0013| be released from that facility without parole or until [such
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time that] he evidences his acceptance and agreement to the
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0015| conditions of parole as required or receives approval for his
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0016| parole plan or both. Time served from the date that an inmate
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0017| refuses to accept and agree to the conditions of parole or fails
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0018| to receive approval for his parole plan shall reduce the period,
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0019| if any, to be served under parole at a later date. If the
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0020| district court has ordered that the inmate make restitution to a
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0021| victim as provided in Section 31-17-1 NMSA 1978, the board shall
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0022| include restitution as a condition of parole. The board shall
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0023| also personally apprise the inmate of the conditions of parole
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0024| and his duties relating thereto.
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0025| E. When a person on parole has performed the
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0001| obligations of his release for the period of parole provided in
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0002| this section, the board shall make a final order of discharge
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0003| and issue him a certificate of discharge.
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0004| F. Pursuant to the provisions of Section 31-18-15
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0005| NMSA 1978, the board shall require the inmate, as a condition of
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0006| parole:
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0007| (1) to pay the actual costs of his parole
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0008| services to the [field services] adult probation and parole
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0009| division of the corrections department for deposit to the
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0010| corrections department intensive supervision fund, not exceeding
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0011| one thousand twenty dollars ($1,020) annually, to be paid in
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0012| monthly installments of not less than fifteen dollars ($15.00)
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0013| and not more than eighty-five dollars ($85.00), subject to
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0014| modification by the [appropriate district supervisor of the
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field services] adult probation and parole division on the
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0016| basis of changed financial circumstances; and
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0017| (2) to reimburse a law enforcement agency or
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0018| local crime stopper program for the amount of any reward paid by
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0019| the agency or program for information leading to his arrest,
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0020| prosecution or conviction.
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0021| G. The provisions of this section shall apply to
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0022| all inmates except geriatric, permanently incapacitated and
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0023| terminally ill inmates eligible for the medical and geriatric
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0024| parole program as provided by the Parole Board Act."
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0025| Section 4. EFFECTIVE DATE.--The effective date of the
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0001| provisions of this act is July 1, 1996.
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0002| - 8 -
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