45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CRIMINAL SENTENCING; ESTABLISHING FACTORS FOR THE ADULT PAROLE BOARD TO CONSIDER PRIOR TO RELEASING A SEX OFFENDER FROM PAROLE; PROVIDING THE ADULT PAROLE BOARD WITH AUTHORITY TO ORDER A SEX OFFENDER TO REMAIN ON PAROLE FOR THE ENTIRETY OF HIS NATURAL LIFE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SEX OFFENDERS--PERIOD OF PAROLE--CONDITIONS OF PAROLE.--

A. Prior to the release on parole of a sex offender, the adult parole board shall conduct a hearing to determine the conditions of parole and the period of parole for the sex offender. The adult parole board may consider any relevant factors, including:

(1) the nature and circumstances of the offense for which the sex offender was incarcerated;

(2) the nature and circumstances of a prior sex offense committed by the sex offender;

(3) sexually deviant behavior engaged in by the sex offender;

(4) rehabilitation efforts engaged in by the sex offender, including participation in treatment programs while incarcerated or elsewhere; and

(5) the danger to the community posed by the sex offender.

B. The adult parole board may order a sex offender released on parole to abide by reasonable conditions of parole, including:

(1) being subject to intensive supervision by a parole officer of the corrections department;

(2) participating in an outpatient or inpatient sex offender treatment program;

(3) an agreement by the sex offender to not use alcohol or drugs;

(4) an agreement by the sex offender to not have contact with certain persons or classes of persons; and

(5) being subject to alcohol testing, drug testing, polygraph examinations, voice stress analysis or similar examinations used to determine if the sex offender is in compliance with the conditions of his parole.

C. Unless the adult parole board orders otherwise, a sex offender's period of parole shall be the period set forth in Section 31-21-10 NMSA 1978; provided that the adult parole board may order a sex offender to serve any period of parole deemed necessary by the adult parole board, up to and including the entirety of the sex offender's natural life.

D. If the adult parole board orders a sex offender to serve a period of parole of four years or longer, the adult parole board may reconsider its order at two-year intervals upon a request by the sex offender. If the sex offender satisfactorily demonstrates and the adult parole board finds that the sex offender's parole may be discharged or that certain conditions of parole are no longer necessary, the adult parole board may amend its order accordingly.

E. If the adult parole board finds that a sex offender has violated his conditions of parole, the adult parole board may revoke his parole or may order that the sex offender's period of parole be extended or may order additional conditions of parole.

F. As used in this section, "sex offender" means a person who is convicted of, pleads guilty to or pleads nolo contendere to any one of the following offenses:

(1) criminal sexual penetration in the first, second, third or fourth degree, as provided in Section 30-9-11 NMSA 1978;

(2) criminal sexual contact in the fourth degree, as provided in Section 30-9-12 NMSA 1978;

(3) criminal sexual contact of a minor in the third or fourth degree, as provided in Section 30-9-13 NMSA 1978;

(4) sexual exploitation of children, as provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978; (5) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978;

(6) kidnapping, as provided in Section 30-4-1 NMSA 1978, when the victim is less than eighteen years of age and the sex offender is not a parent of the victim;

(7) false imprisonment, as provided in Section 30-4-3 NMSA 1978, when the victim is less than eighteen years of age and the sex offender is not a parent of the victim;

(8) solicitation to commit criminal sexual contact of a minor in the third or fourth degree, as provided in Sections 30-9-13 and 30-28-3 NMSA 1978;

(9) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (7) of this subsection, as provided in Section 30-28-1 NMSA 1978;

(10) enticement of a child, as provided in Section 30-9-1 NMSA 1978;

(11) prostitution, as provided in Section 30-9-2 NMSA 1978;

(12) patronizing prostitutes, as provided in Section 30-9-3 NMSA 1978;

(13) promoting prostitution, as provided in Section 30-9-4 NMSA 1978; or

(14) accepting earnings of a prostitute, as provided in Section 30-9-4.1 NMSA 1978.