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

RELATING TO THE PAROLE BOARD; PROVIDING PER DIEM FOR OFFICIAL DUTIES OF THE BOARD; AMENDING A SECTION OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

Section 1. Section 31-21-24 NMSA 1978 (being Laws 1975, Chapter 194, Section 3, as amended) is amended to read:

"31-21-24. PAROLE BOARD--MEMBERS--APPOINTMENT--TERMS--QUALIFICATIONS--COMPENSATION--ORGANIZATION.--

A. There is created the "parole board" consisting of nine members appointed by the governor with the consent of the senate.

B. The terms of the members of the parole board shall be six years. To provide for staggered terms, three of the initially appointed members, including the chairman, shall be appointed for terms of six years, three members for terms of four years and three members for terms of two years. Thereafter, all members shall be appointed for six-year terms.

C. Members of the parole board may be removed by the governor as provided in Article 5, Section 5 of the constitution of New Mexico. Vacancies shall be filled by appointment by the governor for the remainder of the unexpired term.

D. Members of the parole board shall be persons qualified by such academic training or professional experience as is deemed necessary to render them fit to serve as members of the board. No member of the board shall be an official or employee of any other federal, state or local government entity.

E. Members of the parole board shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act, [and shall receive no other compensation, perquisite or allowance] including for all official duties performed for the parole board, including one day of per diem for the review of case files.

F. The governor shall designate one member of the parole board to serve as chairman, who in addition to other duties shall coordinate with the corrections department in the furnishing of services pursuant to Section 9-3-11 NMSA 1978.

G. A parole may be granted, denied or revoked by a quorum of two on a panel consisting of three parole board members appointed on a rotating basis by the chairman of the board."

Section 2. APPROPRIATION.--Twenty-three thousand four hundred dollars ($23,400) is appropriated from the general fund to the parole board for expenditure in fiscal year 2002 to provide additional per diem to parole board members for performing their official duties as set forth in Section 31-21-24 NMSA 1978. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.