FORTY-THIRD LEGISLATURE
                             FIRST SESSION
  
  
                                                   February 20, 1997
  
  
  HOUSE FLOOR AMENDMENT number __1___ to HOUSE BILL 568, as amended
  
  Amendment sponsored by Representative R. David Pederson.
  
  
    1.  Strike House Judiciary Committee Amendment 14.
  
    2.  On page 8, between lines 1 and 2, insert the following new
  section:
  
    Section 5.  Section 33-8-2 NMSA 1978 (being Laws 1981, Chapter
  127, Section 2, as amended) is amended to read:
  
    "33-8-2.  DEFINITIONS.--As used in the Corrections Industries Act:
  
        A.  "commission" means the [corrections commission] secretary
  of corrections;
  
        B.  "department" means the corrections department;
  
        C.  "enterprise" means a manufacturing, agricultural or serv-
  
  ice operation or group of closely related operations within the bounds
  of a facility but does not include standard facility maintenance activ-
  
  ities and services;
  
        D.  "facility" means any place under the jurisdiction of the
  department at which individuals are confined pursuant to court order;
  
        E.  "fund" means the corrections industries revolving fund;
  
        F.  "local public body" means all political subdivisions of
  the state and their agencies, instrumentalities and institutions sup-
  
  ported wholly or in part by funds derived from public taxation; and
  
        G.  "state agency" means the state or any of its branches,
  agencies, departments, boards, instrumentalities or institutions sup-
  
  ported wholly or in part by funds derived from public taxation."
  
    3.  On page 10, strike all of lines 10 through 20 and insert in
  lieu thereof a new subsection:
  
        "D.  "nonviolent offender" means:
  
            (1)  a person not convicted of the following violent
  offenses:
  
                (a)  murder in the first degree or murder in the
  second degree pursuant to the provisions of Section 30-2-1 NMSA 1978;
  
                (b)  aggravated assault, pursuant to the provisions
  of Section 30-3-2 NMSA 1978;
  
                (c)  aggravated battery, pursuant to the provisions
  of Section 30-3-5 NMSA 1978;
  
                (d)  kidnapping, pursuant to the provisions of
  Section 30-4-1 NMSA 1978;
  
                (e)  abuse of a child, pursuant to the provisions of
  Subsection C of Section 30-6-1 NMSA 1978;
  
                (f)  criminal sexual penetration, pursuant to the
  provisions of Section 30-9-11 NMSA 1978;
  
                (g)  robbery while armed with a deadly weapon,
  pursuant to the provisions of Section 30-16-2 NMSA 1978;
  
                (h)  use of a firearm during the commission of a
  noncapital felony, pursuant to the provisions of Section 31-18-16 NMSA
  1978;
  
                (i)  intentional injury to a person sixty years of
  age or older or to a handicapped person during the commission of a
  noncapital felony, pursuant to the provisions of Section 31-18-16.1
  NMSA 1978;
  
                (j)  regarding commission of three violent felonies,
  pursuant to the provisions of Sections 31-18-23 and 31-18-24 NMSA 1978;
  or 
  
                (k)  commission of two violent sex offenses, pursuant
  to the provisions of Sections 31-18-25 and 31-18-26 NMSA 1978;
  
            (2)  a person not convicted of a violent felony, as
  enumerated in Paragraph (1) of this subsection, from another state,
  federal jurisdiction or foreign country within the last ten years;
  
            (3)  a person not serving a sentence of life imprisonment
  or a single or combined sentence of more than twenty years involving
  physical injury, physical violence or great bodily harm or a
  substantial threat or risk of physical injury, physical violence or
  great bodily harm to another person to be determined by the commission;
  or
  
            (4)  a person not classified as a maximum security
  inmate; 
  
            E.  "prisoner" refers to non-violent offenders; and".
    
    4.  On page 16, between lines 1 and 2, insert the following new
  section:
  
    "Section 13.  TEMPORARY PROVISION.--
  
        A.  Effective immediately, the secretary of corrections shall
  implement those provisions of the Corrections Population Control Act
  that provide for the release of nonviolent offender prisoners within
  one hundred eighty days of projected release.  This release
  authorization shall be implemented by the secretary of corrections
  without regard to the creation of the corrections population control
  commission provided for in the Corrections Population Control Act and
  without regard to the procedural time frames provided for in that act.  
  
  
        B.  The provisions of this section shall remain in effect
  until July 1, 1997.".
  
    5.  Renumber sections, reletter subsections and renumber
  paragraphs to correspond with these amendments.
  
  
  
                                        ___________________________
                                        Raymond G. Sanchez
  
  
  
  Adopted ___________________   Not Adopted ___________________________
           (Chief Clerk)                       (Chief Clerk)
  
  
                  Date ________________