0001| HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR | 0002| SENATE FINANCE COMMITTEE SUBSTITUTE FOR | 0003| SENATE BILL 1273 | 0004| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| AN ACT | 0013| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; | 0014| REQUIRING INMATES TO EARN MERITORIOUS DEDUCTIONS FROM A TERM OF | 0015| IMPRISONMENT; ENACTING THE CORRECTIONS POPULATION CONTROL ACT; | 0016| ESTABLISHING THE CORRECTIONS POPULATION CONTROL COMMISSION; | 0017| PROVIDING FOR THE DUTIES AND AUTHORITY OF THE CORRECTIONS | 0018| POPULATION CONTROL COMMISSION; PROVIDING MECHANISMS FOR | 0019| ADDRESSING INMATE OVERCROWDING; AMENDING, REPEALING AND | 0020| ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY. | 0021| | 0022| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0023| Section 1. Section 33-1-2 NMSA 1978 (being Laws 1978, | 0024| Chapter 4, Section 1, as amended) is amended to read: | 0025| "33-1-2. DEFINITIONS.--As used in the Corrections Act: | 0001| A. "division" or "department" means the corrections | 0002| department; | 0003| B. "director" or "secretary" means the secretary of | 0004| corrections; | 0005| C. "corrections facility" means any facility or | 0006| program controlled or operated by the state or any of its | 0007| agencies or departments and supported wholly or in part by | 0008| state funds for the correctional care of persons, including but | 0009| not limited to: | 0010| (1) the "penitentiary of New Mexico", which | 0011| consists of the penitentiary at Santa Fe and other places in | 0012| the state designated by the secretary; and | 0013| (2) the state board of probation and parole, | 0014| except to the extent delegated to the parole board by the | 0015| Parole Board Act; and | 0016| [D. "commission" means the corrections commission; | 0017| and | 0018| E.] D. "warden" or "superintendent" means the | 0019| administrative director of a correctional facility." | 0020| Section 2. Section 33-1-4 NMSA 1978 (being Laws 1969, | 0021| Chapter 226, Section 4, as amended) is amended to read: | 0022| "33-1-4. CORRECTIONS [DIVISION] DEPARTMENT.--[A. There | 0023| is created within the criminal justice department the | 0024| "corrections division".] The [division] department is | 0025| responsible for all matters pertaining to corrections as | 0001| provided in the Corrections Act or other law. | 0002| [B. There is created the "corrections commission" | 0003| consisting of seven members appointed by the governor with the | 0004| advice and consent of the senate for staggered terms, one ending | 0005| June 30, 1972 and two ending June 30 of each of the following | 0006| three years. Thereafter, appointments shall be made for terms of | 0007| four years or less in a manner that the terms of one or two | 0008| members expire as the case may be on June 30 each year. Members | 0009| of the commission shall be reimbursed as provided in the Per Diem | 0010| and Mileage Act and shall receive no other compensation, | 0011| perquisite or allowance. Four members of the commission | 0012| constitute a quorum for the transaction of business. Not more | 0013| than four members shall be of the same political party. Four of | 0014| the members shall be persons who have displayed interest in | 0015| juvenile correction and rehabilitation matters and three shall be | 0016| persons who have displayed interest in adult correction and | 0017| rehabilitation matters. Any member who fails to attend any three | 0018| consecutive meetings of the commission without being excused by | 0019| the commission shall be automatically removed. | 0020| C. The commission shall advise the director in the | 0021| management and control of the division.]" | 0022| Section 3. Section 33-1-17 NMSA 1978 (being Laws 1985, | 0023| Chapter 149, Section 1, as amended) is amended to read: | 0024| "33-1-17. PRIVATE CONTRACT.-- | 0025| A. The corrections department may contract for the | 0001| operation of any adult female facility or for housing adult female | 0002| inmates in a private facility with a person or entity in the | 0003| business of providing correctional or jail services to government | 0004| entities. | 0005| B. The corrections department may contract with a | 0006| person or entity in the business of providing correctional or jail | 0007| services to government entities for | 0008| [(1) a correctional facility in Guadalupe county | 0009| of not less than five hundred fifty and not more than two thousand | 0010| two hundred beds; | 0011| (2) a correctional facility in Lea, Chaves or | 0012| Santa Fe county of not less than one thousand two hundred and not | 0013| more than two thousand two hundred beds; | 0014| (3) design and construction of a support | 0015| services building, a laundry and an infirmary at the penitentiary | 0016| of New Mexico in Santa Fe; or | 0017| (4)] the construction of a public facility to | 0018| house a special incarceration alternative program for adult male | 0019| and adult female felony offenders. | 0020| [C. The authorization in Subsection B of this section | 0021| for a correctional facility in Guadalupe county and a correctional | 0022| facility in Lea, Chaves or Santa Fe county is contingent upon | 0023| construction of both facilities, so that one of the facilities | 0024| shall not be constructed unless both of the facilities are | 0025| constructed, as nearly as practicable, simultaneously. | 0001| D.] C. The corrections department shall solicit | 0002| proposals and award any contract under this section in accordance | 0003| with the provisions of the Procurement Code. The contract shall | 0004| include such terms and conditions as the corrections department | 0005| may require after consultation with the general services | 0006| department; provided that the terms and conditions shall include | 0007| provisions: | 0008| (1) setting forth comprehensive standards for | 0009| conditions of incarceration; | 0010| (2) that the contractor assumes all liability | 0011| caused by or arising out of all aspects of the provision or | 0012| operation of the facility; | 0013| (3) for liability insurance or other proof of | 0014| financial responsibility acceptable to the general services | 0015| department covering the contractor and its officers, employees and | 0016| agents in an amount sufficient to cover all liability caused by or | 0017| arising out of all aspects of the provision or operation of the | 0018| facility; | 0019| (4) for termination for cause upon ninety days' | 0020| notice to the contractor for failure to meet contract provisions | 0021| when such failure seriously affects the availability or operation | 0022| of the facility; | 0023| (5) that venue for the enforcement of the | 0024| contract shall be in the district court for Santa Fe county; | 0025| (6) that continuation of the contract is subject | 0001| to the availability of funds; and | 0002| (7) that compliance with the contract shall be | 0003| monitored by the corrections department and the contract may be | 0004| terminated for noncompliance. | 0005| [E.] D. When the contractor begins operation of a | 0006| facility, [for which private contractor operation is authorized] | 0007| his employees performing the functions of correctional officers | 0008| shall be deemed correctional officers for the purposes of Sections | 0009| 33-1-10 and 33-1-11 NMSA 1978 but for no other purpose of state | 0010| law, unless specifically stated. | 0011| [F.] E. Any contract awarded pursuant to this section | 0012| may include terms to provide for the renovation of the facility or | 0013| for the construction of new buildings. Work performed pursuant to | 0014| such terms and conditions shall not be considered a capital | 0015| project as defined in Section 15-3-23.3 NMSA 1978 or a state | 0016| public works project as defined in Section 13-1-91 NMSA 1978 nor | 0017| shall it be subject to the requirements of Section 13-1-150 NMSA | 0018| 1978 or of the Capital Program Act, review by the staff architect | 0019| of the property control division of the general services | 0020| department pursuant to Section 15-3-20 NMSA 1978 or regulation by | 0021| the director of that division pursuant to Section 15-3-11 NMSA | 0022| 1978. | 0023| [G.] F. Any contract entered into by the corrections | 0024| department with a private contractor to operate an existing | 0025| facility shall include a provision securing the right of all | 0001| persons employed by that facility prior to the effective date of | 0002| that contract to be employed by that contractor in any position | 0003| for which they qualify before that position is offered to any | 0004| person not employed by that facility prior to that date." | 0005| Section 4. Section 33-1-18 NMSA 1978 (being Laws 1990 (1st. | 0006| S.S.), Chapter 5, Section 1, as amended) is amended to read: | 0007| "33-1-18. [FUNDS] FUND CREATED.--There [are] is created in | 0008| the state treasury a special [funds] fund to be known as the | 0009| "corrections department building fund" [the "Guadalupe county | 0010| prison fund" and the "New Mexico prison fund"]. The [funds] fund | 0011| shall consist of money appropriated by the legislature, from year | 0012| to year, from the income of the permanent fund and land income of | 0013| which the penitentiary of New Mexico is the beneficiary [and any | 0014| other revenues that are appropriated to the funds, other than | 0015| revenues derived from property taxes or general fund revenues]. | 0016| Income from investment of [each special] the fund [created by this | 0017| section] shall be credited to [that] the fund. No other funds of | 0018| the state shall be deposited or paid into the corrections | 0019| department building fund." | 0020| Section 5. Section 33-1-19 NMSA 1978 (being Laws 1990 (1st. | 0021| S.S.), Chapter 5, Section 2, as amended by Laws 1995, Chapter 43, | 0022| Section 1 and also by Laws 1995, Chapter 215, Section 4) is | 0023| amended to read: | 0024| "33-1-19. USE OF [FUNDS] FUND.--[A.] The [funds created in | 0025| or pursuant to Section 33-1-18 NMSA 1978] corrections department | 0001| building fund shall be used by the corrections department [or the | 0002| board of finance] solely for the purpose of acquiring, [designing, | 0003| constructing or equipping] by lease or [lease-purchase, or by | 0004| financing the ownership by the corrections department through the | 0005| issuance of bonds or other obligations by the corrections | 0006| department or the board of finance, or] other means, a corrections | 0007| department central office complex, a personnel training academy, a | 0008| special incarceration alternative facility [correctional | 0009| facilities] or any combination of these facilities. [and for | 0010| paying the expenses relating to the lease, lease-purchase or | 0011| financing of these facilities. Before any of the funds created in | 0012| Section 33-1-18 NMSA 1978 may be used for any such purpose, the | 0013| state board of finance shall approve the proposed facility and the | 0014| proposed use of the funds. | 0015| B. The funds created in or pursuant to Section | 0016| 33-1-18 NMSA 1978 shall be used so that available appropriations | 0017| are devoted to the following projects: | 0018| (1) payment for the corrections department | 0019| central office complex; | 0020| (2) a correctional facility in Guadalupe county | 0021| of not less than five hundred fifty and not more than two thousand | 0022| two hundred beds; | 0023| (3) a correctional facility in Lea, Chaves or | 0024| Santa Fe county of not less than one thousand two hundred and not | 0025| more than two thousand two hundred beds; and | 0001| (4) design and construction of a support | 0002| services building, a laundry and an infirmary at the penitentiary | 0003| of New Mexico in Santa Fe. | 0004| C. The use of funds designated in Subsection B of this | 0005| section for a correctional facility in Guadalupe county and a | 0006| correctional facility in Lea, Chaves or Santa Fe county is | 0007| contingent upon construction of both facilities, so that one of | 0008| the facilities shall not be constructed unless both of the | 0009| facilities are constructed, as nearly as possible, simultaneously. | 0010| D.] Any balance at the end of any fiscal year in the | 0011| [special funds created in Section 33-1-18 NMSA 1978 that are] | 0012| corrections department building fund that is not needed to pay | 0013| leases, loans, bonds or other financing instruments in that fiscal | 0014| year may be appropriated by the legislature for expenditure in | 0015| succeeding fiscal years by the corrections department for | 0016| corrections purposes." | 0017| Section 6. Section 33-2-34 NMSA 1978 (being Laws 1978, | 0018| Chapter 40, Section 1, as amended) is repealed and a new Section | 0019| 33-2-34 NMSA 1978 is enacted to read: | 0020| "33-2-34. [NEW MATERIAL] ELIGIBILITY FOR EARNED | 0021| MERITORIOUS DEDUCTIONS.-- | 0022| A. An inmate confined in the penitentiary of New | 0023| Mexico or other state correctional facility for committing a | 0024| violent offense is eligible to earn meritorious deductions of up | 0025| to four days per month upon recommendation of the classification | 0001| committee and approval by the warden. | 0002| B. An inmate confined in the penitentiary of New | 0003| Mexico or other state correctional facility for committing a | 0004| nonviolent offense is eligible to earn meritorious deductions of | 0005| up to thirty days per month upon recommendation of the | 0006| classification committee and approval by the warden. | 0007| C. In order to earn meritorious deductions, an inmate | 0008| shall actively participate in a program recommended and approved | 0009| for him by the classification committee. The classification | 0010| committee may recommend and approve only education programs, | 0011| mental health programs, drug or alcohol treatment programs, drug | 0012| or alcohol counseling programs, or work programs. | 0013| D. An inmate whose record of conduct shows that he has | 0014| performed exceptionally meritorious service and whose record of | 0015| conduct shows that he has otherwise faithfully observed the rules | 0016| of the institution may be eligible for a lump sum meritorious | 0017| deduction award, not to exceed one year per award and not to | 0018| exceed a total of one year for all lump sum meritorious deduction | 0019| awards awarded in any consecutive twelve-month period, which may | 0020| be deducted from the length of the sentence then remaining | 0021| unserved. Exceptionally meritorious service shall include heroic | 0022| acts of saving life or property, but shall not include acts in | 0023| performance of normal work duties or program assignments. The | 0024| classification committee and the warden may recommend the number | 0025| of days to be awarded in each case based upon the particular | 0001| merits, but any award shall be determined by the director of adult | 0002| institutions. Allowance for exceptionally meritorious service | 0003| shall be in addition to the meritorious deductions provided for in | 0004| Subsections A and B of this section, and in the event two or more | 0005| consecutive sentences are being served, the aggregate of the sev- | 0006| | 0007| eral sentences shall be the basis upon which the deduction shall | 0008| be computed. | 0009| E. The meritorious deductions provided for in | 0010| Subsections A and B of this section shall pertain to both the | 0011| basic sentence to be served and any enhanced term of imprisonment | 0012| pursuant to the provisions of the Criminal Sentencing Act. | 0013| Meritorious deductions of up to ninety days per occurrence shall | 0014| be permanently forfeited upon recommendation of the classification | 0015| committee and approval of the warden if the inmate does not | 0016| properly maintain the standard upon which the award was based. | 0017| For those inmates, permanent forfeitures in excess of ninety days | 0018| may be made upon approval of the director of adult institutions. | 0019| No inmate shall forfeit more than fifty percent of his meritorious | 0020| deductions accrued during the previous twelve months; and after | 0021| forfeiture of any portion of an inmate's accrued meritorious | 0022| deductions, the remainder shall vest and shall not be subject to | 0023| further forfeiture. Notwithstanding any other provisions of this | 0024| act, an inmate may forfeit up to one hundred percent of all | 0025| accrued meritorious deductions if he commits any of the following: | 0001| (1) an act of actual personal violence, as | 0002| defined by the corrections department against: | 0003| (a) another inmate; | 0004| (b) corrections department personnel; | 0005| (c) an employee of a contractor operating | 0006| on behalf of the corrections department; or | 0007| (d) any other person lawfully on the | 0008| premises of a corrections department facility or other facility | 0009| where department inmates are housed; | 0010| (2) one positive drug test while incarcerated; | 0011| (3) escape; or | 0012| (4) any felonious act. | 0013| F. An inmate is not eligible to earn meritorious | 0014| deductions if he: | 0015| (1) disobeys an order to perform labor, pursuant | 0016| to Section 33-8-4 NMSA 1978; | 0017| (2) is in disciplinary segregation; | 0018| (3) is not actively participating in a program | 0019| recommended and approved for him by the classification committee; | 0020| or | 0021| (4) is within the first thirty days' receipt by | 0022| the corrections department and his record from the county jail | 0023| reflects that he has committed misconduct in the county jail that | 0024| in the professional judgment of the corrections department should | 0025| result in a delay of thirty days to begin earning meritorious | 0001| deductions. | 0002| G. The provisions of this section shall not be | 0003| interpreted as providing eligibility to earn meritorious | 0004| deductions to an inmate during the initial thirty years of a | 0005| sentence imposed pursuant to the provisions of: | 0006| (1) Subsection A of Section 30-2-1 NMSA 1978; | 0007| (2) Section 31-18-23 NMSA 1978; or | 0008| (3) Section 31-18-25 NMSA 1978. | 0009| H. The corrections department shall promulgate rules | 0010| and regulations to implement the provisions of this section, and | 0011| the rules and regulations shall be matters of public record. A | 0012| concise summary of the rules and regulations shall be provided to | 0013| every inmate and every inmate shall receive a quarterly statement | 0014| of the meritorious deductions he has earned. | 0015| I. A New Mexico inmate confined in a federal or | 0016| out-of-state correctional facility is eligible to earn meritorious | 0017| deductions in the same manner as an inmate imprisoned in a state- | 0018| run correctional facility on the basis of his inmate conduct | 0019| reports furnished by those facilities to the corrections | 0020| department, subject to approval by the corrections department. | 0021| J. An inmate imprisoned in a correctional facility | 0022| that is operated by a public entity or a private company, pursuant | 0023| to a contract with the corrections department, is eligible to earn | 0024| meritorious deductions in the same manner as an inmate imprisoned | 0025| in a state-run correctional facility, subject to approval by the | 0001| corrections department. | 0002| K. As used in this section: | 0003| (1) "great bodily harm" means an injury to the | 0004| person that creates a high probability of death; or that causes | 0005| serious disfigurement; or that results in permanent loss or | 0006| impairment of the function of any member or organ of the body; | 0007| (2) "nonviolent offense" means any felony | 0008| offense other than a violent offense or any misdemeanor offense; | 0009| and | 0010| (3) "violent offense" means: | 0011| (a) second degree murder, as provided in | 0012| Section 30-2-1 NMSA 1978; | 0013| (b) voluntary manslaughter, as provided in | 0014| Section 30-2-3 NMSA 1978; | 0015| (c) assault with intent to commit a violent | 0016| felony, as provided in Section 30-3-3 NMSA 1978, which results in | 0017| great bodily harm; | 0018| (d) criminal sexual penetration, as | 0019| provided in Section 30-9-11 NMSA 1978; and | 0020| (e) robbery, as provided in Section | 0021| 30-16-2 NMSA 1978, which results in great bodily harm." | 0022| Section 7. Section 33-2-36 NMSA 1978 (being Laws 1988, | 0023| Chapter 78, Section 6) is amended to read: | 0024| "33-2-36. FORFEITURE OF EARNED MERITORIOUS DEDUCTIONS.-- | 0025| [Any accrued deductions may be forfeited by the convict] | 0001| A. Meritorious deductions earned by an inmate may be | 0002| forfeited by that inmate for any major conduct violation upon the | 0003| recommendation of the classification committee, approval by the | 0004| warden and final approval by the secretary of corrections. | 0005| B. The provisions of this section also apply to | 0006| forfeiture of earned meritorious deductions for an inmate | 0007| imprisoned in a correctional facility operated by a public entity | 0008| or a private company, pursuant to a contract with the corrections | 0009| department." | 0010| Section 8. Section 33-2-37 NMSA 1978 (being Laws 1988, | 0011| Chapter 78, Section 7) is amended to read: | 0012| "33-2-37. RESTORATION OF FORFEITED MERITORIOUS DEDUCTIONS.- | 0013| - | 0014| A. Meritorious deductions forfeited under Section | 0015| 33-2-36 NMSA 1978 may be restored in whole or in part to [any | 0016| prisoner] an inmate who is exemplary in conduct and work | 0017| performance for a period of not less than six months following the | 0018| date of forfeiture. Meritorious deductions may be restored upon | 0019| recommendation of the classification committee, approval by the | 0020| warden and final approval by the secretary of corrections. | 0021| B. The provisions of this section also apply to | 0022| restoration of earned meritorious deductions for an inmate | 0023| imprisoned in a correctional facility operated by a public entity | 0024| or a private company, pursuant to a contract with the corrections | 0025| department." | 0001| Section 9. Section 33-2-38 NMSA 1978 (being Laws 1889, | 0002| Chapter 76, Section 13, as amended) is amended to read: | 0003| "33-2-38. COMPUTATION OF TERM.--[Sec. 54. No convict shall] | 0004| An inmate shall not be discharged from the penitentiary of New | 0005| Mexico or other correctional facility until he has [remained] | 0006| served the full term for which he was sentenced. [to] The term | 0007| shall be computed from and [including] include the day on which | 0008| his sentence took effect and [excluding] shall exclude any time | 0009| the [convict] inmate may have been at large by reason of escape | 0010| [therefrom], unless he [may be] is pardoned or otherwise released | 0011| by legal authority. [Provided that nothing in] The provisions of | 0012| this section shall [be so construed as] not be interpreted to | 0013| deprive [any convict] an inmate of any reduction of time to which | 0014| he may be entitled [to under  5070] pursuant to the provisions of | 0015| Section 33-2-34 NMSA 1978." | 0016| Section 10. Section 33-8-2 NMSA 1978 (being Laws 1981, | 0017| Chapter 127, Section 2, as amended) is amended to read: | 0018| "33-8-2. DEFINITIONS.--As used in the Corrections | 0019| Industries Act: | 0020| A. "commission" means the [corrections commission] | 0021| secretary of corrections; | 0022| B. "department" means the corrections department; | 0023| C. "enterprise" means a manufacturing, agricultural or | 0024| service operation or group of closely related operations within | 0025| the bounds of a facility but does not include standard facility | 0001| maintenance activities and services; | 0002| D. "facility" means any place under the jurisdiction | 0003| of the department at which individuals are confined pursuant to | 0004| court order; | 0005| E. "fund" means the corrections industries revolving | 0006| fund; | 0007| F. "local public body" means all political | 0008| subdivisions of the state and their agencies, instrumentalities | 0009| and institutions supported wholly or in part by funds derived from | 0010| public taxation; and | 0011| G. "state agency" means the state or any of its | 0012| branches, agencies, departments, boards, instrumentalities or | 0013| institutions supported wholly or in part by funds derived from | 0014| public taxation." | 0015| Section 11. [NEW MATERIAL] SHORT TITLE.--Sections 11 | 0016| through 17 of this act may be cited as the "Corrections Population | 0017| Control Act". | 0018| Section 12. [NEW MATERIAL] FINDINGS--PURPOSE.-- | 0019| A. The legislature finds that: | 0020| (1) for many years, the state of New Mexico has | 0021| experienced difficulty in managing the size of its inmate | 0022| population. Often, the number of beds has been insufficient to | 0023| accommodate the inmate population committed or detained in | 0024| correctional facilities; | 0025| (2) an overcrowded inmate population was a major | 0001| cause of the disturbance that erupted at the penitentiary of New | 0002| Mexico in 1980. Moreover, problems caused by overcrowding remain | 0003| at the center of the ongoing federal litigation involving the | 0004| corrections department; | 0005| (3) a permanent solution to the overcrowded | 0006| inmate population must be established to ensure that the | 0007| corrections department is able to effectively operate its | 0008| facilities, to mitigate public safety concerns and to reduce the | 0009| likelihood of future litigation; | 0010| (4) although the corrections department is | 0011| responsible for the operation of correctional facilities, it | 0012| cannot resolve the problem of overcrowding by itself. The | 0013| department has no control over the admission of inmates into its | 0014| facilities and has only limited control over the release of | 0015| inmates from its facilities; and | 0016| (5) a permanent solution to the overcrowded | 0017| inmate population requires participation, commitment and | 0018| cooperation by the legislative, judicial and executive branches of | 0019| government and all criminal justice agencies. | 0020| B. The purpose of the Corrections Population Control | 0021| Act is to establish a corrections population control commission | 0022| that shall operate as an autonomous, nonpartisan body. The | 0023| commission shall develop and implement mechanisms to prevent the | 0024| inmate population from exceeding the rated capacity of | 0025| correctional facilities and shall take appropriate action when | 0001| necessary to effect the reduction of the inmate population. | 0002| Section 13. [NEW MATERIAL] DEFINITIONS.--As used in the | 0003| Corrections Population Control Act: | 0004| A. "commission" means the corrections population | 0005| control commission; | 0006| B. "female prison facility" means any female prison | 0007| facility so designated by the corrections department; | 0008| C. "male prison facilities" means: | 0009| (1) the penitentiary of New Mexico, located in | 0010| Santa Fe; | 0011| (2) the central New Mexico correctional | 0012| facility, located in Los Lunas; | 0013| (3) the Los Lunas correctional facility, located | 0014| in Los Lunas; | 0015| (4) the southern New Mexico correctional | 0016| facility, located in Las Cruces; | 0017| (5) the western New Mexico correctional | 0018| facility, located in Grants; | 0019| (6) the Roswell correctional facility, located | 0020| in Hagerman; and | 0021| (7) any other male prison facilities so | 0022| designated by the corrections department; | 0023| D. "nonviolent offender" means: | 0024| (1) a person not convicted of the following | 0025| violent offenses: | 0001| (a) murder in the first degree or murder in | 0002| the second degree pursuant to the provisions of Section 30-2-1 | 0003| NMSA 1978; | 0004| (b) aggravated assault, pursuant to the | 0005| provisions of Section 30-3-2 NMSA 1978; | 0006| (c) aggravated battery, pursuant to the | 0007| provisions of Subsection C of Section 30-3-5 NMSA 1978; | 0008| (d) kidnapping, pursuant to the provisions | 0009| of Section 30-4-1 NMSA 1978; | 0010| (e) abuse of a child, pursuant to the | 0011| provisions of Subsection C of Section 30-6-1 NMSA 1978; | 0012| (f) criminal sexual penetration, pursuant | 0013| to the provisions of Section 30-9-11 NMSA 1978; | 0014| (g) robbery while armed with a deadly | 0015| weapon, pursuant to the provisions of Section 30-16-2 NMSA 1978; | 0016| (h) use of a firearm during the commission | 0017| of a noncapital felony, pursuant to the provisions of Section | 0018| 31-18-16 NMSA 1978; | 0019| (i) intentional injury to a person sixty | 0020| years of age or older or to a handicapped person during the | 0021| commission of a noncapital felony, pursuant to the provisions of | 0022| Section 31-18-16.1 NMSA 1978; | 0023| (j) commission of three violent felonies, | 0024| pursuant to the provisions of Sections 31-18-23 and 31-18-24 NMSA | 0025| 1978; or | 0001| (k) commission of two violent sex offenses, | 0002| pursuant to the provisions of Sections 31-18-25 and 31-18-26 NMSA | 0003| 1978; | 0004| (2) a person not convicted of a violent felony, | 0005| as enumerated in Paragraph (1) of this subsection, from another | 0006| state, federal jurisdiction or foreign country within the last ten | 0007| years; | 0008| (3) a person not serving a sentence of life | 0009| imprisonment or a single or combined sentence of more than twenty | 0010| years involving physical injury, physical violence or great bodily | 0011| harm or a substantial threat or risk of physical injury, physical | 0012| violence or great bodily harm to another person to be determined | 0013| by the commission; or | 0014| (4) a person not classified as a maximum | 0015| security inmate; | 0016| E. "prisoner" refers to nonviolent offenders; and | 0017| F. "rated capacity" means the actual general | 0018| population bed space, including only individual cells and areas | 0019| designed for the long-term housing of inmates, available in the | 0020| female prison facility or male prison facilities as certified by | 0021| the secretary of corrections and subject to applicable state and | 0022| federal law. | 0023| Section 14. [NEW MATERIAL] COMMISSION--CREATION-- | 0024| MEMBERSHIP.-- | 0025| A. There is created the "corrections population | 0001| control commission". | 0002| B. The commission shall be appointed for two-year | 0003| terms and shall be composed of: | 0004| (1) the secretary of corrections, who shall | 0005| serve as chairman; | 0006| (2) a member appointed by the New Mexico supreme | 0007| court; | 0008| (3) a member appointed by the speaker of the | 0009| house of representatives; | 0010| (4) a member appointed by the president pro | 0011| tempore of the senate; | 0012| (5) a member appointed by the minority leader of | 0013| the house of representatives; | 0014| (6) a member appointed by the minority leader of | 0015| the senate; and | 0016| (7) a member appointed by the governor. | 0017| C. A majority of the members of the commission | 0018| constitutes a quorum for the transaction of commission business. | 0019| D. The members of the commission shall be paid | 0020| pursuant to the provisions of the Per Diem and Mileage Act and | 0021| shall receive no other perquisite, compensation or allowance. | 0022| Section 15. [NEW MATERIAL] COMMISSION--DUTIES--ANNUAL | 0023| REPORT.-- | 0024| A. The commission shall study, develop and recommend | 0025| policies and mechanisms designed to manage the growth of the | 0001| inmate population by: | 0002| (1) reviewing corrections department models to | 0003| forecast projected growth in the inmate population; | 0004| (2) providing information concerning impacts on | 0005| the inmate population caused by changes in sentencing policies and | 0006| law enforcement policies; | 0007| (3) analyzing the need for future construction | 0008| of additional correctional facilities; | 0009| (4) if necessary, preparing proposed legislation | 0010| to further implementation of its policy recommendations; and | 0011| (5) considering all of its recommendations in | 0012| light of public safety concerns. | 0013| B. The provisions of Subsection A of Section 33-2-34 | 0014| NMSA 1978 shall take effect upon certification by the commission | 0015| that an adequate level of programming is offered by the | 0016| corrections department to ensure that all inmates who want to earn | 0017| meritorious deductions have an opportunity to do so. If the | 0018| commission fails to certify an adequate level of programming, on a | 0019| semiannual basis, for any reason, the provisions of Subsection B | 0020| of Section 33-2-34 NMSA 1978 shall apply to all inmates. | 0021| C. The commission shall submit an annual report of its | 0022| activities and legislative proposals to the interim legislative | 0023| committee with jurisdiction over corrections issues. The report | 0024| shall be filed with the interim legislative committee no later | 0025| than November 1 of each year. | 0001| D. The commission staff support shall be provided by | 0002| the corrections department. | 0003| Section 16. [NEW MATERIAL] OVERCROWDING--POPULATION | 0004| CONTROL MECHANISM--PROCEDURES.-- | 0005| A. When the inmate population of the corrections | 0006| department facilities, exclusive of the inmate population housed | 0007| in facilities used to relieve interim overcrowding, exceeds one | 0008| hundred twelve percent of rated capacity on or before June 30, | 0009| 1999 or one hundred percent of rated capacity after June 30, 1999, | 0010| for a period of thirty consecutive days, the following measures | 0011| shall be taken to reduce capacity: | 0012| (1) the corrections department shall engage in | 0013| all lawful and professionally appropriate efforts to reduce the | 0014| prison population to one hundred twelve percent or one hundred | 0015| percent of rated capacity as applicable, including in-state and | 0016| out-of-state inmate transfers; | 0017| (2) if prison population is still in excess of | 0018| one hundred twelve percent or one hundred percent rated capacity | 0019| as applicable after sixty consecutive days, the secretary of | 0020| corrections shall notify the commission. Included in the | 0021| notification shall be a list of prisoners who are within one | 0022| hundred eighty days of their projected release date; | 0023| (3) the commission shall convene within ten days | 0024| to consider the release of prisoners on the list provided by the | 0025| corrections department. The commission shall also discuss with | 0001| the corrections department the impact on population of possible | 0002| changes in the classification system and expanding incarceration | 0003| alternatives. Victims of those prisoners shall receive | 0004| appropriate notification that the prisoners may be released before | 0005| sentence completion. If requested, the commission shall hear | 0006| testimony or review the written statement of a victim or relative | 0007| of a victim, as well as any public official who wishes to object | 0008| to the release of a particular prisoner. For prisoners as to whom | 0009| an objection is made, the commission shall deliberate on the | 0010| release of the prisoner individually; | 0011| (4) for prisoners approved by the commission for | 0012| release, the commission shall grant emergency release credits in | 0013| ten-day increments that will be applied to the sentence or | 0014| sentences being served by the prisoners. The commission shall | 0015| order release of the appropriate number of prisoners to reduce the | 0016| prison population to the applicable rated capacity; and | 0017| (5) notwithstanding any other provisions of this | 0018| section, no prisoner shall be released: | 0019| (a) unless the prisoner has a parole plan | 0020| pursuant to applicable parole board regulations; | 0021| (b) if the information concerning the | 0022| prisoner is discovered to be materially inaccurate; | 0023| (c) if the prisoner commits a crime while | 0024| incarcerated or receives a disciplinary infraction; | 0025| (d) if the prisoner fails a drug screening | 0001| test within ten days of the scheduled release; or | 0002| (e) if the effect of a prisoner release | 0003| will result in the loss of federal funds to any agency of the | 0004| state. | 0005| B. If a bill is introduced during a legislative | 0006| session that proposes to create a new criminal offense, proposes | 0007| the imposition of mandatory sentencing or proposes an increase to | 0008| an existing sentence, the corrections department shall provide the | 0009| legislature with: | 0010| (1) a fiscal impact report for a period five | 0011| years into the future; and | 0012| (2) a report regarding the increased number of | 0013| prison beds that will be needed for a period five years into the | 0014| future. | 0015| Section 17. [NEW MATERIAL] TERMINATION OF AGENCY LIFE-- | 0016| TRANSFER OF FUNCTIONS.--The corrections population control | 0017| commission is terminated on June 30, 2003. On July 1, 2003, the | 0018| secretary of corrections shall assume the duties and | 0019| responsibilities of the commission. | 0020| Section 18. TEMPORARY PROVISION.-- | 0021| A. Effective immediately, the secretary of corrections | 0022| shall implement those provisions of the Corrections Population | 0023| Control Act that provide for the release of nonviolent offender | 0024| prisoners within one hundred eighty days of projected release. | 0025| This release authorization shall be implemented by the secretary | 0001| of corrections without regard to the creation of the corrections | 0002| population control commission provided for in the Corrections | 0003| Population Control Act and without regard to the procedural time | 0004| frames provided for in that act. | 0005| B. The provisions of this section shall remain in | 0006| effect until July 1, 1997. | 0007| Section 19. REPEAL.--Section 33-8-14 NMSA 1978 (being Laws | 0008| 1981, Chapter 127, Section 14) is repealed. | 0009| Section 20. APPLICABILITY.--The provisions of Sections 6 | 0010| through 9 of this act apply to persons convicted of a criminal | 0011| offense committed on or after July 1, 1997. As to persons | 0012| convicted of a criminal offense committed prior to July 1, 1997, | 0013| the laws with respect to the vesting of meritorious deductions in | 0014| effect at the time the offense was committed shall apply. | 0015| Section 21. EFFECTIVE DATE.--The effective date of the | 0016| provisions of Sections 6 through 9 of this act is July 1, 1997. | 0017| Section 22. EMERGENCY.--It is necessary for the public | 0018| peace, health and safety that this act take effect immediately. | 0019|  |