0001|                           SENATE BILL 920
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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|                            PHIL A. GRIEGO
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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 CRIMINAL PROCEDURE; ADDING CONTRIBUTIONS TO A DRUG
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0012|     ABUSE RESISTANCE EDUCATION PROGRAM AS ONE OF THE CONDITIONS
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0013|     THAT MAY BE IMPOSED FOR DEFERRING OR SUSPENDING A CRIMINAL
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0014|     SENTENCE.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 31-20-6 NMSA 1978 (being Laws 1963,
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0018|     Chapter 303, Section 29-18, as amended) is amended to read:
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0019|          "31-20-6.  CONDITIONS OF ORDER DEFERRING OR SUSPENDING
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0020|     SENTENCE.--The magistrate, metropolitan or district court shall
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0021|     attach to its order deferring or suspending sentence such
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0022|     reasonable conditions as it may deem necessary to ensure that
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0023|     the defendant will observe the laws of the United States and
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0024|     the various states and the ordinances of any municipality.  The
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0025|     defendant upon conviction shall be required to reimburse a law
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0001|     enforcement agency or local crime stopper program for the
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0002|     amount of any reward paid by the agency or program for
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0003|     information leading to his arrest, prosecution or conviction,
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0004|     but in no event shall reimbursement to the crime stopper
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0005|     program preempt restitution to victims pursuant to the
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0006|     provisions of Section
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0007|     31-17-1 NMSA l978.  The defendant upon conviction shall be
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0008|     required to pay the actual costs of his supervised probation
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0009|     service to the <s>[field services]</s> <u>adult probation and parole</u>
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0010|     division of the corrections department or appropriate
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0011|     responsible agency for deposit to the corrections department
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0012|     intensive supervision fund not exceeding one thousand twenty
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0013|     dollars ($1,020) annually to be paid in monthly installments of
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0014|     not less than fifteen dollars ($15.00) and not more than
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0015|     eighty-five dollars ($85.00), subject to modification, upon
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0016|     court approval, by the appropriate district supervisor of the
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0017|     <s>[field services]</s> <u>adult probation and parole</u> division or the
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0018|     local supervisor of the responsible agency on the basis of
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0019|     changed financial circumstances, and may be required:
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0020|               A.  to provide for the support of any persons for
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0021|     whose support he is legally responsible;
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0022|               B.  to undergo available medical or psychiatric
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0023|     treatment and to enter and remain in a specified institution,
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0024|     when required for that purpose;
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0025|               C.  to be placed on probation under the supervision,
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0001|     guidance or direction of the <s>[field services]</s> <u>adult
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<u></u>0002| <u>    probation and parole</u> division of the corrections department
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0003|     for a term not to exceed five years;
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0004|               D.  to serve a period of time in volunteer labor to
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0005|     be known as "community service".  The type of labor and period
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0006|     of service shall be at the sole discretion of the court;
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0007|     provided that any person receiving community service shall be
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0008|     immune from any civil liability other than gross negligence
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0009|     arising out of the community service, and any person who
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0010|     performs community service pursuant to court order or any
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0011|     criminal diversion program shall not be entitled to any wages,
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0012|     shall not be considered an employee for any purpose and shall
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0013|     not be entitled to workers' compensation, unemployment benefits
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0014|     or any other benefits otherwise provided by law.  As used in
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0015|     this subsection, "community service" means any labor that
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0016|     benefits the public at large or any public, charitable or
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0017|     educational entity or institution;
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0018|               E.  to make a contribution of not less than ten
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0019|     dollars ($10.00) and not more than one hundred dollars ($100),
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0020|     to be paid in monthly installments of not less than five
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0021|     dollars ($5.00), to a local crime stopper program <u>or a local
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<u></u>0022| <u>    drug abuse resistance education program</u> that operates in the
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0023|     territorial jurisdiction of the court <s>[and is approved by the
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<s></s>0024| <s>    crime stoppers commission]</s>.  If there is no program in that
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0025|     area, the contribution shall be made to the crime stoppers
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0001|     commission; and
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0002|               F.  to satisfy any other conditions reasonably
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0003|     related to his rehabilitation."
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0004|                                  
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0005|       
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0006|   
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0007|                      FORTY-THIRD LEGISLATURE
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0008|                        FIRST SESSION, 1997
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0009|   
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0010|   
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0011|                                                   March 3, 1997
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0012|   
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0013|   Mr. President:
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0014|   
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0015|       Your JUDICIARY COMMITTEE, to whom has been referred
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0016|   
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0017|                          SENATE BILL 920
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0018|   
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0019|   has had it under consideration and reports same with
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0020|   recommendation that it DO PASS.
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0021|   
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0022|                                Respectfully submitted,
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0023|   
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0024|   
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0025|   
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0001|                                
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0002|   __________________________________
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0003|                                Fernando R. Macias, Chairman 
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0004|   
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0005|   
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0006|   
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0007|   Adopted_______________________   Not
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0008|   Adopted_______________________
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0009|             (Chief Clerk)                          (Chief Clerk)
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0010|   
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0011|   
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0012|   
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0013|                     Date ________________________
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0014|   
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0015|   
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0016|   The roll call vote was <u> 7 </u> For <u> 0 </u> Against
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0017|           Yes:    7
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0018|           No:     0
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0019|                Excused:     Vernon
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0020|           Absent: 0
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0021|   
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0022|   
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0023|   S0920JU1
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