0001| SENATE BILL 603
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| CISCO MCSORLEY
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0005|
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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| AN ACT
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0011| RELATING TO CORRECTIONS; ENACTING THE CORRECTIONS POPULATION
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0012| CONTROL ACT; ESTABLISHING THE CORRECTIONS POPULATION CONTROL
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0013| COMMISSION; PROVIDING FOR THE DUTIES AND AUTHORITY OF THE
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0014| COMMISSION; PROVIDING MECHANISMS FOR ADDRESSING INMATE
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0015| OVERCROWDING.
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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. SHORT TITLE.--This act may be cited as the
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0019| "Corrections Population Control Act".
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0020| Section 2. FINDINGS--PURPOSE.--
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0021| A. The legislature finds that:
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0022| (1) for many years, the state has experienced
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0023| difficulty in managing the size of its inmate population.
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0024| Often, the number of beds has been insufficient to accommodate
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0025| the inmate population committed or detained in correctional
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0001| facilities;
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0002| (2) an overcrowded inmate population was a
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0003| major cause of the disturbance that erupted at the penitentiary
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0004| of New Mexico in 1980. Moreover, problems caused by
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0005| overcrowding remain at the center of the ongoing federal
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0006| litigation involving the corrections department;
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0007| (3) a permanent solution to the overcrowded
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0008| inmate population must be established to ensure that the
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0009| corrections department is able to effectively operate its
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0010| facilities, to mitigate public safety concerns and to reduce
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0011| the likelihood of future litigation;
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0012| (4) although the corrections department is
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0013| responsible for the operation of correctional facilities, it
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0014| cannot resolve the problem of overcrowding by itself. The
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0015| department has no control over the admission of inmates into
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0016| its facilities and has only limited control over the release of
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0017| inmates from its facilities; and
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0018| (5) a permanent solution to the overcrowded
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0019| inmate population requires participation, commitment and
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0020| cooperation by the legislative, judicial and executive branches
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0021| of government and all criminal justice agencies.
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0022| B. The purpose of the Corrections Population
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0023| Control Act is to establish a corrections population control
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0024| commission that shall operate as an autonomous, nonpartisan
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0025| body. The commission shall develop and implement mechanisms to
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0001| prevent the inmate population from exceeding the capacity of
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0002| correctional facilities and shall take appropriate action when
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0003| necessary to effect the reduction of the inmate population.
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0004| Section 3. DEFINITIONS.--As used in the Corrections
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0005| Population Control Act:
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0006| A. "commission" means the corrections population
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0007| control commission;
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0008| B. "female prison facility" means any female prison
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0009| facility so designated by the corrections department;
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0010| C. "male prison facilities" means:
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0011| (1) the penitentiary of New Mexico, located in
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0012| Santa Fe;
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0013| (2) the central New Mexico correctional
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0014| facility, located in Los Lunas;
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0015| (3) the Los Lunas correctional facility,
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0016| located in Los Lunas;
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0017| (4) the southern New Mexico correctional
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0018| facility, located in Las Cruces;
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0019| (5) the western New Mexico correctional
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0020| facility, located in Grants;
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0021| (6) the Roswell correctional facility, located
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0022| in Hagerman; and
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0023| (7) any other male prison facilities so
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0024| designated by the corrections department;
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0025| D. "nonviolent offender" means a person convicted
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0001| for a criminal offense that resulted from an act that did not
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0002| involve physical injury, physical violence or great bodily harm
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0003| or a substantial threat or risk of physical injury, physical
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0004| violence or great bodily harm to another person, to be
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0005| determined by the commission. "Nonviolent offender" does not
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0006| include a person convicted pursuant to the provisions of
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0007| Section 31-18-16 or 31-18-16.1 NMSA 1978, Subsection D of 31-
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0008| 18-17 NMSA 1978 or Subsection G of Section 66-8-102 NMSA 1978,
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0009| or a person classified by the corrections department as a
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0010| maximum-security inmate; and
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0011| E. "rated capacity" means the actual general
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0012| population bed space, including only individual cells and areas
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0013| designed for the long-term housing of inmates, available in the
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0014| female prison facility or male prison facilities as certified
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0015| by the secretary of corrections and subject to applicable state
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0016| and federal law.
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0017| Section 4. COMMISSION--CREATION--MEMBERSHIP.--
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0018| A. There is created the "corrections population
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0019| control commission".
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0020| B. The commission shall be composed of thirteen
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0021| members. Appointed members shall serve at the pleasure of the
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0022| appointing authority. The commission shall consist of the
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0023| following individuals or their designees:
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0024| (1) the secretary of corrections, who shall
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0025| serve as chairman of the commission;
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0001| (2) the president of the district attorneys'
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0002| association;
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0003| (3) the chief public defender;
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0004| (4) the president of the New Mexico criminal
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0005| defense lawyers association;
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0006| (5) the chief of the New Mexico state police;
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0007| (6) the chief justice of the supreme court;
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0008| (7) a district court judge appointed by the
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0009| district court judges' association of New Mexico;
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0010| (8) the chairman of the parole board;
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0011| (9) the secretary of children, youth and
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0012| families; and
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0013| (10) two members each from the house of
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0014| representatives and the senate, representative of the majority
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0015| and minority political parties, to be appointed by the New
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0016| Mexico legislative council.
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0017| C. A majority of the members of the commission
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0018| constitutes a quorum for the transaction of commission
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0019| business.
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0020| D. The members of the commission shall be paid
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0021| pursuant to the provisions of the Per Diem and Mileage Act and
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0022| shall receive no other perquisite, compensation or allowance.
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0023| Section 5. COMMISSION--DUTIES--ANNUAL REPORT.--
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0024| A. The commission shall study, develop and
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0025| recommend policies and mechanisms designed to manage the growth
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0001| of the inmate population by:
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0002| (1) developing models to accurately forecast
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0003| projected growth in the inmate population;
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0004| (2) providing information concerning impacts
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0005| on the inmate population caused by changes in sentencing
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0006| policies and law enforcement policies;
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0007| (3) reviewing the inmate classification
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0008| system;
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0009| (4) expanding the availability of alternatives
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0010| to incarceration;
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0011| (5) analyzing the need for future construction
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0012| of additional correctional facilities and the location of the
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0013| facilities;
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0014| (6) if necessary, preparing proposed
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0015| legislation to further implementation of its policy
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0016| recommendations; and
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0017| (7) considering all of its recommendations in
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0018| light of public safety concerns.
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0019| B. The commission shall submit an annual report of
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0020| its activities and legislative proposals to the interim
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0021| legislative committee with jurisdiction over corrections
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0022| issues. The report shall be filed with the interim legislative
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0023| committee no later than November 1 of each year.
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0024| Section 6. OVERCROWDING--PRIMARY POPULATION CONTROL
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0025| MECHANISMS--PROCEDURES.--When the inmate population of the
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0001| female prison facility or the male prison facilities exceeds
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0002| ninety-five percent of the rated capacity for thirty
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0003| consecutive days, the secretary of corrections shall notify the
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0004| governor and the commission concerning the potential for
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0005| overcrowding. No later than five days following that
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0006| notification, the commission shall meet to discuss and initiate
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0007| one or more of the following measures as a means to reduce the
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0008| overcrowding:
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0009| A. provide immediate notification to all district
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0010| courts concerning the overcrowding;
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0011| B. increase the number of inmates transferred to
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0012| community corrections programs;
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0013| C. accelerate parole hearings for eligible inmates
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0014| and expedite release of inmates who are granted parole;
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0015| D. temporarily suspend the return of technical
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0016| parole violators to the custody of the corrections department;
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0017| and
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0018| E. authorize the secretary of corrections, with the
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0019| governor's approval, to award emergency release credits to
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0020| nonviolent offenders who are within thirty days of parole or
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0021| release.
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0022| Section 7. OVERCROWDING--SECONDARY POPULATION CONTROL
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0023| MECHANISMS--PROCEDURES.--
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0024| A. If, sixty days after the secretary of
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0025| corrections' notification to the governor and commission
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0001| concerning overcrowding, the primary population control
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0002| mechanisms fail to result in a reduction of inmate population
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0003| to ninety-five percent or less of the rated capacity, the
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0004| secretary shall notify the governor and the commission that the
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0005| potential for overcrowding persists. No later than five days
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0006| following that notification, the commission shall meet to
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0007| discuss and initiate one or more of the following measures as a
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0008| means to reduce the overcrowding:
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0009| A. provide immediate notification to all district
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0010| courts regarding the overcrowding; and
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0011| B. authorize the secretary of corrections, with the
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0012| governor's approval, to award emergency release credits to
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0013| nonviolent offenders who are within ninety days of parole or
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0014| release.
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0015| Section 8. OVERCROWDING--TERTIARY POPULATION CONTROL
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0016| MECHANISMS--PROCEDURES.--If, one hundred twenty days after the
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0017| secretary of corrections' notification to the governor and
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0018| commission concerning overcrowding, the secondary population
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0019| control mechanisms fail to result in a reduction of inmate
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0020| population to ninety-five percent or less of the rated
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0021| capacity, the secretary shall notify the governor and the
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0022| commission that the potential for overcrowding persists. No
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0023| later than five days following that notification, the
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0024| commission shall meet to discuss and initiate one or more of
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0025| the following measures as a means to reduce the overcrowding:
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0001| A. provide immediate notification to all district
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0002| courts regarding the overcrowding; and
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0003| B. authorize the secretary of corrections, with the
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0004| governor's approval, to award emergency release credits to
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0005| nonviolent offenders who are within one hundred eighty days of
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0006| parole or release.
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0007| Section 9. EFFECTIVE DATE.--The effective date of the
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0008| provisions of this act is July 1, 1997.
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0009| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0010| SENATE BILL 603
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0011| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0012|
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0013|
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0014|
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0015|
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0016|
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0017|
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0018|
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0019| AN ACT
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0020| RELATING TO CORRECTIONS; REQUIRING INMATES TO EARN MERITORIOUS
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0021| DEDUCTIONS FROM A TERM OF IMPRISONMENT; ENACTING THE
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0022| CORRECTIONS POPULATION CONTROL ACT; ESTABLISHING THE
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0023| CORRECTIONS POPULATION CONTROL COMMISSION; PROVIDING FOR THE
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0024| DUTIES AND AUTHORITY OF THE CORRECTIONS POPULATION CONTROL
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0025| COMMISSION; PROVIDING MECHANISMS FOR ADDRESSING INMATE
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0001| OVERCROWDING; AMENDING, REPEALING AND ENACTING SECTIONS OF THE
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0002| NMSA 1978; DECLARING AN EMERGENCY.
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0003|
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0004| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0005| Section 1. Section 33-1-2 NMSA 1978 (being Laws 1978,
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0006| Chapter 4, Section 1, as amended) is amended to read:
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0007| "33-1-2. DEFINITIONS.--As used in the Corrections Act:
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0008| A. "division" or "department" means the corrections
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0009| department;
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0010| B. "director" or "secretary" means the secretary of
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0011| corrections;
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0012| C. "corrections facility" means any facility or
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0013| program controlled or operated by the state or any of its
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0014| agencies or departments and supported wholly or in part by
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0015| state funds for the correctional care of persons, including but
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0016| not limited to:
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0017| (1) the "penitentiary of New Mexico", which
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0018| consists of the penitentiary at Santa Fe and other places in
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0019| the state designated by the secretary; and
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0020| (2) the state board of probation and parole,
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0021| except to the extent delegated to the parole board by the
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0022| Parole Board Act; and
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0023| [D. "commission" means the corrections commission;
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and
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E.] D. "warden" or "superintendent" means the
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0001| administrative director of a correctional facility."
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0002| Section 2. Section 33-1-4 NMSA 1978 (being Laws 1969,
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0003| Chapter 226, Section 4, as amended) is amended to read:
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0004| "33-1-4. CORRECTIONS [DIVISION] DEPARTMENT. [A.
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There is created within the criminal justice department the
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"corrections division".] The [division] department is
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0007| responsible for all matters pertaining to corrections as
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0008| provided in the Corrections Act or other law.
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0009| [B. There is created the "corrections commission"
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consisting of seven members appointed by the governor with the
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advice and consent of the senate for staggered terms, one
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ending June 30, 1972 and two ending June 30 of each of the
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following three years. Thereafter, appointments shall be made
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for terms of four years or less in a manner that the terms of
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one or two members expire as the case may be on June 30 each year.
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Members of the commission shall be reimbursed as provided in the
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Per Diem and Mileage Act and shall receive no other compensation,
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perquisite or allowance. Four members of the commission
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constitute a quorum for the transaction of business. Not more
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than four members shall be of the same political party. Four of
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the members shall be persons who have displayed interest in
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juvenile correction and rehabilitation matters and three shall be
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persons who have displayed interest in adult correction and
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rehabilitation matters. Any member who fails to attend any three
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consecutive meetings of the commission without being excused by
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the commission shall be automatically removed.
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C. The commission shall advise the director in the
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management and control of the division.]"
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0004| Section 3. Section 33-2-34 NMSA 1978 (being Laws 1978,
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0005| Chapter 40, Section 1, as amended) is repealed and a new Section
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0006| 33-2-34 NMSA 1978 is enacted to read:
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0007| "33-2-34. [NEW MATERIAL] ELIGIBILITY FOR EARNED
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0008| MERITORIOUS DEDUCTIONS.--
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0009| A. An inmate confined in the penitentiary of New
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0010| Mexico or other state correctional facility for committing a
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0011| violent offense is eligible to earn meritorious deductions of up
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0012| to four days per month upon recommendation of the classification
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0013| committee and approval by the warden.
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0014| B. An inmate confined in the penitentiary of New
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0015| Mexico or other state correctional facility for committing a
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0016| nonviolent offense is eligible to earn meritorious deductions of
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0017| up to thirty days per month upon recommendation of the
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0018| classification committee and approval by the warden.
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0019| C. In order to earn meritorious deductions, an inmate
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0020| shall actively participate in a program recommended and approved
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0021| for him by the classification committee. The classification
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0022| committee may recommend and approve only education programs,
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0023| mental health programs, drug or alcohol treatment programs, drug
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0024| or alcohol counseling programs, or work programs.
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0025| D. An inmate whose record of conduct shows that he has
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0001| performed exceptionally meritorious service and whose record of
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0002| conduct shows that he has otherwise faithfully observed the rules
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0003| of the institution may be eligible for a lump sum meritorious
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0004| deduction award, not to exceed one year per award and not to
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0005| exceed a total of one year for all lump sum meritorious deduction
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0006| awards awarded in any consecutive twelve-month period, which may
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0007| be deducted from the length of the sentence then remaining
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0008| unserved. Exceptionally meritorious service shall include heroic
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0009| acts of saving life or property, but shall not include acts in
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0010| performance of normal work duties or program assignments. The
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0011| classification committee and the warden may recommend the number
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0012| of days to be awarded in each case based upon the particular
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0013| merits, but any award shall be determined by the director of adult
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0014| institutions. Allowance for exceptionally meritorious service
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0015| shall be in addition to the meritorious deductions provided for in
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0016| Subsections A and B of this section, and in the event two or more
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0017| consecutive sentences are being served, the aggregate of the sev-
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0018|
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0019| eral sentences shall be the basis upon which the deduction shall
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0020| be computed.
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0021| E. The meritorious deductions provided for in
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0022| Subsections A and B of this section shall pertain to both the
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0023| basic sentence to be served and any enhanced term of imprisonment
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0024| pursuant to the provisions of the Criminal Sentencing Act.
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0025| Meritorious deductions of up to ninety days per occurrence shall
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0001| be permanently forfeited upon recommendation of the classification
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0002| committee and approval of the warden if the inmate does not
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0003| properly maintain the standard upon which the award was based.
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0004| For those inmates, permanent forfeitures in excess of ninety days
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0005| may be made upon approval of the director of adult institutions.
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0006| No inmate shall forfeit more than fifty percent of his meritorious
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0007| deductions accrued during the previous twelve months; and after
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0008| forfeiture of any portion of an inmate's accrued meritorious
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0009| deductions, the remainder shall vest and shall not be subject to
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0010| further forfeiture. Notwithstanding any other provisions of this
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0011| act, an inmate may forfeit up to one hundred percent of all
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0012| accrued meritorious deductions if he commits any of the following:
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0013| (1) an act of actual personal violence, as
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0014| defined by the corrections department against:
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0015| (a) another inmate;
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0016| (b) corrections department personnel;
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0017| (c) an employee of a contractor operating
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0018| on behalf of the corrections department; or
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0019| (d) any other person lawfully on the
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0020| premises of a corrections department facility or other facility
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0021| where department inmates are housed;
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0022| (2) one positive drug test while incarcerated;
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0023| (3) escape; or
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0024| (4) any felonious act.
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0025| F. An inmate is not eligible to earn meritorious
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0001| deductions if he:
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0002| (1) disobeys an order to perform labor, pursuant
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0003| to Section 33-8-4 NMSA 1978;
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0004| (2) is in disciplinary segregation;
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0005| (3) is not actively participating in a program
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0006| recommended and approved for him by the classification committee;
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0007| or
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0008| (4) is within the first thirty days' receipt by
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0009| the corrections department and his record from the county jail
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0010| reflects that he has committed misconduct in the county jail that
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0011| in the professional judgment of the corrections department should
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0012| result in a delay of thirty days to begin earning meritorious
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0013| deductions.
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0014| G. The provisions of this section shall not be
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0015| interpreted as providing eligibility to earn meritorious
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0016| deductions to an inmate during the initial thirty years of a
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0017| sentence imposed pursuant to the provisions of:
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0018| (1) Subsection A of Section 30-2-1 NMSA 1978;
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0019| (2) Section 31-18-23 NMSA 1978; or
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0020| (3) Section 31-18-25 NMSA 1978.
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0021| H. The corrections department shall promulgate rules
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0022| and regulations to implement the provisions of this section, and
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0023| the rules and regulations shall be matters of public record. A
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0024| concise summary of the rules and regulations shall be provided to
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0025| every inmate and every inmate shall receive a quarterly statement
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0001| of the meritorious deductions he has earned.
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0002| I. A New Mexico inmate confined in a federal or
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0003| out-of-state correctional facility is eligible to earn meritorious
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0004| deductions in the same manner as an inmate imprisoned in a state-
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0005| run correctional facility on the basis of his inmate conduct
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0006| reports furnished by those facilities to the corrections
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0007| department, subject to approval by the corrections department.
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0008| J. An inmate imprisoned in a correctional facility
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0009| that is operated by a public entity or a private company, pursuant
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0010| to a contract with the corrections department, is eligible to earn
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0011| meritorious deductions in the same manner as an inmate imprisoned
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0012| in a state-run correctional facility, subject to approval by the
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0013| corrections department.
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0014| K. As used in this section:
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0015| (1) "great bodily harm" means an injury to the
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0016| person that creates a high probability of death; or that causes
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0017| serious disfigurement; or that results in permanent loss or
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0018| impairment of the function of any member or organ of the body;
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0019| (2) "nonviolent offense" means any felony
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0020| offense other than a violent offense or any misdemeanor offense;
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0021| and
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0022| (3) "violent offense" means:
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0023| (a) second degree murder, as provided in
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0024| Section 30-2-1 NMSA 1978;
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0025| (b) voluntary manslaughter, as provided in
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0001| Section 30-2-3 NMSA 1978;
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0002| (c) assault with intent to commit a violent
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0003| felony, as provided in Section 30-3-3 NMSA 1978, which results in
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0004| great bodily harm;
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0005| (d) criminal sexual penetration, as
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0006| provided in Section 30-9-11 NMSA 1978; and
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0007| (e) robbery, as provided in Section
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0008| 30-16-2 NMSA 1978, which results in great bodily harm."
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0009| Section 4. Section 33-2-36 NMSA 1978 (being Laws 1988,
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0010| Chapter 78, Section 6) is amended to read:
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0011| "33-2-36. FORFEITURE OF EARNED MERITORIOUS DEDUCTIONS. -
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0012|
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0013| [Any accrued deductions may be forfeited by the convict]
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0014| A. Meritorious deductions earned by an inmate may be
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0015| forfeited by that inmate for any major conduct violation upon the
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0016| recommendation of the classification committee, approval by the
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0017| warden and final approval by the secretary of corrections.
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0018| B. The provisions of this section also apply to
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0019| forfeiture of earned meritorious deductions for an inmate
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0020| imprisoned in a correctional facility operated by a public entity
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0021| or a private company, pursuant to a contract with the corrections
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0022| department."
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0023| Section 5. Section 33-2-37 NMSA 1978 (being Laws 1988,
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0024| Chapter 78, Section 7) is amended to read:
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0025| "33-2-37. RESTORATION OF FORFEITED MERITORIOUS
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0001| DEDUCTIONS.--
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0002| A. Meritorious deductions forfeited under Section
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0003| 33-2-36 NMSA 1978 may be restored in whole or in part to [any
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prisoner] an inmate who is exemplary in conduct and work
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0005| performance for a period of not less than six months following the
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0006| date of forfeiture. Meritorious deductions may be restored upon
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0007| recommendation of the classification committee, approval by the
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0008| warden and final approval by the secretary of corrections.
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0009| B. The provisions of this section also apply to
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0010| restoration of earned meritorious deductions for an inmate
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0011| imprisoned in a correctional facility operated by a public entity
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0012| or a private company, pursuant to a contract with the corrections
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0013| department."
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0014| Section 6. Section 33-2-38 NMSA 1978 (being Laws 1889,
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0015| Chapter 76, Section 13, as amended) is amended to read:
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0016| "33-2-38. COMPUTATION OF TERM. [Sec. 54. No convict
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shall] An inmate shall not be discharged from the penitentiary
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0018| of New Mexico or other correctional facility until he has
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0019| [remained] served the full term for which he was sentenced.
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0020| [to] The term shall be computed from and [including]
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0021| include the day on which his sentence took effect and
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0022| [excluding] shall exclude any time the [convict] inmate
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0023| may have been at large by reason of escape [therefrom], unless
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0024| he [may be] is pardoned or otherwise released by legal
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0025| authority. [Provided that nothing in] The provisions of this
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0001| section shall [be so construed as] not be interpreted to
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0002| deprive [any convict] an inmate of any reduction of time to
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0003| which he may be entitled [to under 5070] pursuant to the
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0004| provisions of Section 33-2-34 NMSA 1978."
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0005| Section 7. Section 33-8-2 NMSA 1978 (being Laws 1981,
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0006| Chapter 127, Section 2, as amended) is amended to read:
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0007| "33-8-2. DEFINITIONS.--As used in the Corrections
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0008| Industries Act:
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0009| A. "commission" means the [corrections commission]
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0010| secretary of corrections;
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0011| B. "department" means the corrections department;
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0012| C. "enterprise" means a manufacturing, agricultural or
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0013| service operation or group of closely related operations within
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0014| the bounds of a facility but does not include standard facility
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0015| maintenance activities and services;
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0016| D. "facility" means any place under the jurisdiction
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0017| of the department at which individuals are confined pursuant to
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0018| court order;
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0019| E. "fund" means the corrections industries revolving
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0020| fund;
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0021| F. "local public body" means all political
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0022| subdivisions of the state and their agencies, instrumentalities
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0023| and institutions supported wholly or in part by funds derived from
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0024| public taxation; and
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0025| G. "state agency" means the state or any of its
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0001| branches, agencies, departments, boards, instrumentalities or
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0002| institutions supported wholly or in part by funds derived from
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0003| public taxation."
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0004| Section 8. [NEW MATERIAL] SHORT TITLE.--Sections 8
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0005| through 14 of this act may be cited as the "Corrections Population
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0006| Control Act".
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0007| Section 9. [NEW MATERIAL] FINDINGS--PURPOSE.--
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0008| A. The legislature finds that:
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0009| (1) for many years, the state of New Mexico has
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0010| experienced difficulty in managing the size of its inmate
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0011| population. Often, the number of beds has been insufficient to
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0012| accommodate the inmate population committed or detained in
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0013| correctional facilities;
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0014| (2) an overcrowded inmate population was a major
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0015| cause of the disturbance that erupted at the penitentiary of New
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0016| Mexico in 1980. Moreover, problems caused by overcrowding remain
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0017| at the center of the ongoing federal litigation involving the
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0018| corrections department;
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0019| (3) a permanent solution to the overcrowded
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0020| inmate population must be established to ensure that the
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0021| corrections department is able to effectively operate its
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0022| facilities, to mitigate public safety concerns and to reduce the
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0023| likelihood of future litigation;
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0024| (4) although the corrections department is
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0025| responsible for the operation of correctional facilities, it
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0001| cannot resolve the problem of overcrowding by itself. The
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0002| department has no control over the admission of inmates into its
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0003| facilities and has only limited control over the release of
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0004| inmates from its facilities; and
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0005| (5) a permanent solution to the overcrowded
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0006| inmate population requires participation, commitment and
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0007| cooperation by the legislative, judicial and executive branches of
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0008| government and all criminal justice agencies.
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0009| B. The purpose of the Corrections Population Control
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0010| Act is to establish a corrections population control commission
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0011| that shall operate as an autonomous, nonpartisan body. The
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0012| commission shall develop and implement mechanisms to prevent the
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0013| inmate population from exceeding the rated capacity of
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0014| correctional facilities and shall take appropriate action when
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0015| necessary to effect the reduction of the inmate population.
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0016| Section 10. [NEW MATERIAL] DEFINITIONS.--As used in the
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0017| Corrections Population Control Act:
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0018| A. "commission" means the corrections population
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0019| control commission;
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0020| B. "female prison facility" means any female prison
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0021| facility so designated by the corrections department;
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0022| C. "male prison facilities" means:
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0023| (1) the penitentiary of New Mexico, located in
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0024| Santa Fe;
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0025| (2) the central New Mexico correctional
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0001| facility, located in Los Lunas;
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0002| (3) the Los Lunas correctional facility, located
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0003| in Los Lunas;
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0004| (4) the southern New Mexico correctional
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0005| facility, located in Las Cruces;
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0006| (5) the western New Mexico correctional
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0007| facility, located in Grants;
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0008| (6) the Roswell correctional facility, located
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0009| in Hagerman; and
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0010| (7) any other male prison facilities so
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0011| designated by the corrections department;
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0012| D. "nonviolent offender" means:
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0013| (1) a person not convicted of the following
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0014| violent offenses:
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0015| (a) murder in the first degree or murder in
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0016| the second degree pursuant to the provisions of Section 30-2-1
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0017| NMSA 1978;
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0018| (b) aggravated assault, pursuant to the
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0019| provisions of Section 30-3-2 NMSA 1978;
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0020| (c) aggravated battery, pursuant to the
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0021| provisions of Subsection C of Section 30-3-5 NMSA 1978;
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0022| (d) kidnapping, pursuant to the provisions
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0023| of Section 30-4-1 NMSA 1978;
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0024| (e) abuse of a child, pursuant to the
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0025| provisions of Subsection C of Section 30-6-1 NMSA 1978;
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0001| (f) criminal sexual penetration, pursuant
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0002| to the provisions of Section 30-9-11 NMSA 1978;
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0003| (g) robbery while armed with a deadly
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0004| weapon, pursuant to the provisions of Section 30-16-2 NMSA 1978;
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0005| (h) use of a firearm during the commission
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0006| of a noncapital felony, pursuant to the provisions of Section
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0007| 31-18-16 NMSA 1978;
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0008| (i) intentional injury to a person sixty
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0009| years of age or older or to a handicapped person during the
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0010| commission of a noncapital felony, pursuant to the provisions of
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0011| Section 31-18-16.1 NMSA 1978;
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0012| (j) commission of three violent felonies,
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0013| pursuant to the provisions of Sections 31-18-23 and 31-18-24 NMSA
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0014| 1978; or
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0015| (k) commission of two violent sex offenses,
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0016| pursuant to the provisions of Sections 31-18-25 and 31-18-26 NMSA
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0017| 1978;
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0018| (2) a person not convicted of a violent felony,
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0019| as enumerated in Paragraph (1) of this subsection, from another
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0020| state, federal jurisdiction or foreign country within the last ten
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0021| years;
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0022| (3) a person not serving a sentence of life
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0023| imprisonment or a single or combined sentence of more than twenty
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0024| years involving physical injury, physical violence or great bodily
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0025| harm or a substantial threat or risk of physical injury, physical
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0001| violence or great bodily harm to another person to be determined
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0002| by the commission; or
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0003| (4) a person not classified as a maximum
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0004| security inmate;
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0005| E. "prisoner" refers to nonviolent offenders; and
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0006| F. "rated capacity" means the actual general
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0007| population bed space, including only individual cells and areas
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0008| designed for the long-term housing of inmates, available in the
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0009| female prison facility or male prison facilities as certified by
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0010| the secretary of corrections and subject to applicable state and
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0011| federal law.
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0012| Section 11. [NEW MATERIAL] COMMISSION--CREATION--
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0013| MEMBERSHIP.--
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0014| A. There is created the "corrections population
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0015| control commission".
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0016| B. The commission shall be appointed for two-year
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0017| terms and shall be composed of:
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0018| (1) the secretary of the corrections department,
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0019| who shall serve as chairman;
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0020| (2) a member appointed by the New Mexico supreme
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0021| court;
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0022| (3) a member appointed by the speaker of the
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0023| house of representatives;
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0024| (4) a member appointed by the president pro
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0025| tempore of the senate;
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0001| (5) a member appointed by the minority leader of
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0002| the house of representatives;
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0003| (6) a member appointed by the minority leader of
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0004| the senate; and
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0005| (7) a member appointed by the governor.
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0006| C. A majority of the members of the commission
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0007| constitutes a quorum for the transaction of commission business.
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0008| D. The members of the commission shall be paid
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0009| pursuant to the provisions of the Per Diem and Mileage Act and
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0010| shall receive no other perquisite, compensation or allowance.
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0011| Section 12. [NEW MATERIAL] COMMISSION--DUTIES--ANNUAL
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0012| REPORT.--
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0013| A. The commission shall study, develop and recommend
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0014| policies and mechanisms designed to manage the growth of the
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0015| inmate population by:
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0016| (1) reviewing corrections department models to
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0017| forecast projected growth in the inmate population;
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0018| (2) providing information concerning impacts on
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0019| the inmate population caused by changes in sentencing policies and
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0020| law enforcement policies;
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0021| (3) analyzing the need for future construction
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0022| of additional correctional facilities;
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0023| (4) if necessary, preparing proposed legislation
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0024| to further implementation of its policy recommendations; and
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0025| (5) considering all of its recommendations in
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0001| light of public safety concerns.
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0002| B. The provisions of Subsection A of Section 33-2-34
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0003| NMSA 1978 shall take effect upon certification by the commission
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0004| that an adequate level of programming is offered by the
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0005| corrections department to ensure that all inmates who want to earn
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0006| meritorious deductions have an opportunity to do so. If the
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0007| commission fails to certify an adequate level of programming, on a
|
0008| semiannual basis, for any reason, the provisions of Subsection B
|
0009| of Section 33-2-34 NMSA 1978 shall apply to all inmates.
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0010| C. The commission shall submit an annual report of its
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0011| activities and legislative proposals to the interim legislative
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0012| committee with jurisdiction over corrections issues. The report
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0013| shall be filed with the interim legislative committee no later
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0014| than November 1 of each year.
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0015| D. The commission staff support shall be provided by
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0016| the corrections department.
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0017| Section 13. [NEW MATERIAL] OVERCROWDING--POPULATION
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0018| CONTROL MECHANISM--PROCEDURES.--
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0019| A. When the inmate population of the corrections
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0020| department facilities, exclusive of the inmate population housed
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0021| in facilities used to relieve interim overcrowding, exceeds one
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0022| hundred twelve percent of rated capacity on or before June 30,
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0023| 1999 or one hundred percent of rated capacity after June 30, 1999,
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0024| for a period of thirty consecutive days, the following measures
|
0025| shall be taken to reduce capacity:
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0001| (1) the corrections department shall engage in
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0002| all lawful and professionally appropriate efforts to reduce the
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0003| prison population to one hundred twelve percent or one hundred
|
0004| percent of rated capacity as applicable, including in-state and
|
0005| out-of-state inmate transfers;
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0006| (2) if prison population is still in excess of
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0007| one hundred twelve percent or one hundred percent rated capacity
|
0008| as applicable after sixty consecutive days, the secretary of
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0009| corrections shall notify the commission. Included in the
|
0010| notification shall be a list of prisoners who are within one
|
0011| hundred eighty days of their projected release date;
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0012| (3) the commission shall convene within ten days
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0013| to consider the release of prisoners on the list provided by the
|
0014| corrections department. The commission shall also discuss with
|
0015| the corrections department the impact on population of possible
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0016| changes in the classification system and expanding incarceration
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0017| alternatives. Victims of those prisoners shall receive
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0018| appropriate notification that the prisoners may be released before
|
0019| sentence completion. If requested, the commission shall hear
|
0020| testimony or review the written statement of a victim or relative
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0021| of a victim, as well as any public official who wishes to object
|
0022| to the release of a particular prisoner. For prisoners as to whom
|
0023| an objection is made, the commission shall deliberate on the
|
0024| release of the prisoner individually;
|
0025| (4) for prisoners approved by the commission for
|
0001| release, the commission shall grant emergency release credits in
|
0002| ten-day increments that will be applied to the sentence or
|
0003| sentences being served by the prisoners. The commission shall
|
0004| order release of the appropriate number of prisoners to reduce the
|
0005| prison population to the applicable rated capacity; and
|
0006| (5) notwithstanding any other provisions of this
|
0007| section, no prisoner shall be released:
|
0008| (a) unless the prisoner has a parole plan
|
0009| pursuant to applicable parole board regulations;
|
0010| (b) if the information concerning the
|
0011| prisoner is discovered to be materially inaccurate;
|
0012| (c) if the prisoner commits a crime while
|
0013| incarcerated or receives a disciplinary infraction;
|
0014| (d) if the prisoner fails a drug screening
|
0015| test within ten days of the scheduled release; or
|
0016| (e) if the effect of a prisoner release
|
0017| will result in the loss of federal funds to any agency of the
|
0018| state.
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0019| B. If a bill is introduced during a legislative
|
0020| session that proposes to create a new criminal offense, proposes
|
0021| the imposition of mandatory sentencing or proposes an increase to
|
0022| an existing sentence, the corrections department shall provide the
|
0023| legislature with:
|
0024| (1) a fiscal impact report for a period five
|
0025| years into the future; and
|
0001| (2) a report regarding the increased number of
|
0002| prison beds that will be needed for a period five years into the
|
0003| future.
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0004| Section 14. [NEW MATERIAL] TERMINATION OF AGENCY LIFE--
|
0005| TRANSFER OF FUNCTIONS.--The corrections population control
|
0006| commission is terminated on June 30, 2003. On July 1, 2003, the
|
0007| secretary of corrections shall assume the duties and
|
0008| responsibilities of the commission.
|
0009| Section 15. TEMPORARY PROVISION.--
|
0010| A. Effective immediately, the secretary of corrections
|
0011| shall implement those provisions of the Corrections Population
|
0012| Control Act that provide for the release of nonviolent offender
|
0013| prisoners within one hundred eighty days of projected release.
|
0014| This release authorization shall be implemented by the secretary
|
0015| of corrections without regard to the creation of the corrections
|
0016| population control commission provided for in the Corrections
|
0017| Population Control Act and without regard to the procedural time
|
0018| frames provided for in that act.
|
0019| B. The provisions of this section shall remain in
|
0020| effect until July 1, 1997.
|
0021| Section 16. REPEAL.--Section 33-8-14 NMSA 1978 (being Laws
|
0022| 1981, Chapter 127, Section 14) is repealed.
|
0023| Section 17. APPLICABILITY.--The provisions of Sections 3
|
0024| through 6 of this act apply to persons convicted of a criminal
|
0025| offense committed on or after July 1, 1997. As to persons
|
0001| convicted of a criminal offense committed prior to July 1, 1997,
|
0002| the laws with respect to the vesting of meritorious deductions in
|
0003| effect at the time the offense was committed shall apply.
|
0004| Section 18. EFFECTIVE DATE.--The effective date of the
|
0005| provisions of Sections 3 through 6 of this act is July 1, 1997.
|
0006| Section 19. EMERGENCY.--It is necessary for the public
|
0007| peace, health and safety that this act take effect immediately.
|
0008|
|