State of New Mexico House of Representatives FORTY-THIRD LEGISLATURE FIRST SESSION, 1997 February 14, 1997 Mr. Speaker: Your JUDICIARY COMMITTEE, to whom has been referred HOUSE BILL 568 has had it under consideration and reports same with recommendation that it DO PASS, amended as follows: 1. On page 1, line 14, after "COMMISSION" insert "; ABOLISHING THE CORRECTIONS COMMISSION". 2. On page 1, line 17, before the period insert "; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY". 3. On page 1, between lines 19 and 20, insert the following new sections: "Section 1. Section 33-1-2 NMSA 1978 (being Laws 1978, Chapter 4, Section 1, as amended) is amended to read: "33-1-2. DEFINITIONS.--As used in the Corrections Act: A. "division" or "department" means the corrections department; B. "director" or "secretary" means the secretary of corrections; C. "corrections facility" means any facility or program controlled or operated by the state or any of its agencies or departments and supported wholly or in part by state funds for the correctional care of persons, including but not limited to: (1) the "penitentiary of New Mexico", which consists of the penitentiary at Santa Fe and other places in the state designated by the secretary; and (2) the state board of probation and parole, except to the extent delegated to the parole board by the Parole Board Act; [D. "commission" means the corrections commission; and E.] D. "warden" or "superintendent" means the administrative director of a correctional facility." Section 2. Section 33-1-4 NMSA 1978 (being Laws 1969, Chapter 226, Section 4, as amended) is amended to read: "33-1-4. CORRECTIONS [DIVISION] DEPARTMENT.--[A. There is created within the criminal justice department the "corrections division".] The [division] department is responsible for all matters pertaining to corrections as provided in the Corrections Act or other law. [B. There is created the "corrections commission" consisting of seven members appointed by the governor with the advice and consent of the senate for staggered terms, one ending June 30, 1972 and two ending June 30 of each of the following three years. Thereafter, appointments shall be made for terms of four years or less in a manner that the terms of one or two members expire as the case may be on June 30 each year. Members of the commission shall be reimbursed as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance. Four members of the commission constitute a quorum for the transaction of business. Not more than four members shall be of the same political party. Four of the members shall be persons who have displayed interest in juvenile correction and rehabilitation matters and three shall be persons who have displayed interest in adult correction and rehabilitation matters. Any member who fails to attend any three consecutive meetings of the commission without being excused by the commission shall be automatically removed. C. The commission shall advise the director in the management and control of the division.]"". 4. Renumber the succeeding sections accordingly. 5. On page 2, line 11, strike "full-time". 6. On page 2, line 14, after the comma insert "mental health programs,". 7. On page 2, line 15, strike ",corrections" and insert in lieu thereof "or work programs.". 8. On page 2, strike all of lines 16 through 18. 9. On page 4, line 3, after the period insert the following: "Notwithstanding any other provisions of this act, an inmate may forfeit up to one hundred percent of all accrued meritorious deductions if he commits any of the following: (1) an act of actual personal violence, as defined by the corrections department against: (a) another inmate; (b) corrections department personnel; (c) employee of a contractor operating on behalf of the corrections department; or (d) any other person lawfully on the premises of a corrections department facility or other facility where department inmates are housed; (2) one positive drug test while incarcerated; (3) escape; or (4) any felonious act.". 10. On page 4, line 8, strike "or". 11. On page 4, line 11, strike the period and insert in lieu thereof "; or". 12. On page 4, between lines 11 and 12, insert the following new paragraph: "(4) is within the first thirty days' receipt by the corrections department and his record from the county jail reflects that he has committed misconduct in the county jail that in the professional judgment of the corrections department should result in a delay of thirty days to begin earning meritorious deductions.". 13. On page 7, line 3, strike "six" and insert in lieu thereof "twelve". 14. 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 30-3-5C 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) 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, in 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; and". 15. On pages 11 and 12, strike Subsection B in its entirety and insert in lieu thereof: "B. The commission shall be appointed for two-year terms and shall be composed of: (1) the secretary of corrections, who shall serve as chairman; (2) a representative appointed by the New Mexico supreme court; (3) two representatives appointed by the speaker of the house of representatives, in consultation with the house leadership; (4) two representatives appointed by the president pro tempore of the senate, in consultation with the senate leadership; (5) a representative appointed by the governor.". 16. On page 12, line 13, strike "developing" and insert in lieu thereof "reviewing corrections department". 17. On page 12, line 13, strike "accurately". 18. On page 12, strike lines 18 through 20. 19. Renumber the succeeding paragraphs accordingly. 20. On page 12, line 22, after "facilities" insert a semicolon, strike the remainder of the line, strike all of lines 23 through 25, and on page 13, strike lines 1 and 2. 21. Renumber the succeeding paragraphs accordingly. 22. On page 13, between lines 21 and 22, insert a new subsection: "D. The commission staff support shall be provided by the corrections department.". 23. On pages 13 through 16, strike all of Sections 10 through 12 and insert in lieu thereof: "Section 10. [NEW MATERIAL] OVERCROWDING--POPULATION CONTROL MECHANISM--PROCEDURES.-- A. When the inmate population of the corrections department facilities, exclusive of the inmate population housed in facilities used to relieve interim overcrowding, exceeds one hundred twelve percent of rated capacity on or before June 30, 1999 or one hundred percent of rated capacity after June 30, 1999, for a period of thirty consecutive days, the following measures shall be taken to reduce capacity: (1) the corrections department shall engage in all lawful and professionally appropriate efforts to reduce the prison population to one hundred twelve percent or one hundred percent of rated capacity as applicable, including in-state and out-of-state prisoner transfers; (2) if prison population is still in excess of one hundred twelve percent or one hundred percent rated capacity as applicable after sixty consecutive days, the secretary of corrections shall notify the commission. Included in the notification shall be a list of prisoners who are within one hundred eighty days of their projected release date; (3) the commission shall convene within ten days to consider the release of prisoners on the list provided by the corrections department. The commission shall also discuss with the corrections department the impact on population of possible changes in the classification system and expanding incarceration alternatives. Victims of those prisoners shall receive appropriate notification that the prisoners may be released before sentence completion. If requested, the commission shall hear testimony or review the written statement of a victim or relative of a victim, as well as any public official who wishes to object to the release of a particular prisoner. For prisoners as to whom an objection is made, the commission shall deliberate on the release of the prisoner individually; (4) for prisoners approved by the commission for release, the commission shall grant emergency release credits in ten-day increments that will be applied to the sentence or sentences being served by the prisoners. The commission shall order release of the appropriate number of prisoners to reduce the prison population to the applicable rated capacity; and (5) notwithstanding any other provisions of this section, no prisoner shall be released: (a) unless the prisoner has a parole plan pursuant to applicable parole board regulations; (b) if the information concerning the prisoner is discovered to be materially inaccurate; (c) if the prisoner commits a crime while incarcerated or receives a disciplinary infraction; (d) if the prisoner fails a drug screening test within ten days of the scheduled release; or (e) if the effect of a prisoner release will result in the loss of federal funds to any agency of the state. B. If a bill is introduced during a legislative session that proposes to create a new criminal offense, proposes the imposition of mandatory sentencing or proposes an increase to an existing sentence, the corrections department shall provide the legislature with: (1) a fiscal impact report for a period five years into the future; and (2) a report regarding the increased number of prison beds that will be needed for a period five years into the future. Section 11. TERMINATION OF AGENCY LIFE--TRANSFER OF FUNCTIONS.--The corrections population control commission is terminated on June 30, 2003. On July 1, the secretary of corrections shall assume the duties and responsibilities of the commission. Section 12. APPROPRIATION.--Ten thousand dollars ($10,000) is appropriated from the general fund to the corrections department for expenditure in fiscal year 1998 to pay the per diem and mileage expenses of the commission.". 24. On page 16, strike lines 4 through 7 and insert in lieu thereof: "Section 14. APPLICABILITY.--The provisions of Section 33-2-34, 33-2-36, 33-2-38 NMSA 1978 apply to persons convicted of a criminal offense committed on or after July 1, 1997. As to persons convicted of a criminal offense committed prior to July 1, 1997, the laws with respect to the vesting of meritorious deductions in effect at the time the offense was committed shall apply.". 25. On page 16, strike lines 8 and 9 and insert in lieu thereof: "Section 15. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.". 26. Renumber sections, reletter subsections and renumber paragraphs to correspond with these amendments., and thence referred to the APPROPRIATIONS AND FINANCE COMMITTEE. Respectfully submitted, Thomas P. Foy, Chairman Adopted Not Adopted (Chief Clerk) (Chief Clerk) Date The roll call vote was 11 For 1 Against Yes: 11 No: Mallory Excused: Rios Absent: None .116409.4 G:\BILLTEXT\AMEND_97\H0568JC1