45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO CRIMINAL SENTENCING; REQUIRING A CAPITAL FELONY OFFENDER, A THREE-STRIKES OFFENDER OR A REPEAT VIOLENT SEXUAL OFFENDER TO REMAIN INCARCERATED FOR THE ENTIRETY OF HIS NATURAL LIFE; AMENDING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 31-18-23 NMSA 1978 (being Laws 1994, Chapter 24, Section 2, as amended) is amended to read:
"31-18-23. THREE VIOLENT FELONY CONVICTIONS--MANDATORY LIFE IMPRISONMENT--EXCEPTION.--
A. When a defendant is convicted of a third
violent felony, and each violent felony conviction is part of
a separate transaction or occurrence, and at least the third
violent felony conviction is in New Mexico, the defendant
shall, in addition to the sentence imposed for the third
violent conviction when that sentence does not result in
death, be punished by a sentence of life imprisonment. [The
life imprisonment sentence shall be subject to parole pursuant
to the provisions of Section 31-21-10 NMSA 1978.]
B. The sentence of life imprisonment shall be imposed after a sentencing hearing, separate from the trial or guilty plea proceeding resulting in the third violent felony conviction, pursuant to the provisions of Section 31-18-24 NMSA 1978.
C. For the purpose of this section, a violent felony conviction incurred by a defendant before he reaches the age of eighteen shall not count as a violent felony conviction.
D. When a defendant has a felony conviction from another state, the felony conviction shall be considered a violent felony for the purposes of the Criminal Sentencing Act if that crime would be considered a violent felony in New Mexico.
E. As used in the Criminal Sentencing Act:
(1) "great bodily harm" means an injury to the person that creates a high probability of death or that causes serious disfigurement or that results in permanent loss or impairment of the function of any member or organ of the body; and
(2) "violent felony" means:
(a) murder in the first or second degree, as provided in Section 30-2-1 NMSA 1978;
(b) shooting at or from a motor vehicle resulting in great bodily harm, as provided in Subsection B of Section 30-3-8 NMSA 1978;
(c) kidnapping resulting in great
bodily harm inflicted upon the victim by his captor, as
provided in Subsection B of Section 30-4-1 NMSA 1978; [and]
(d) criminal sexual penetration, as provided in Subsection C or Paragraph (5) or (6) of Subsection D of Section 30-9-11 NMSA 1978; and
(e) robbery while armed with a deadly weapon resulting in great bodily harm as provided in Section 30-16-2 NMSA 1978 and Subsection A of Section 30-1-12 NMSA 1978."
Section 2. Section 31-18-25 NMSA 1978 (being Laws 1996, Chapter 79, Section 1, as amended) is amended to read:
"31-18-25. TWO VIOLENT SEXUAL OFFENSE CONVICTIONS--MANDATORY LIFE IMPRISONMENT--EXCEPTION.--
A. When a defendant is convicted of a second
violent sexual offense, and each violent sexual offense
conviction is part of a separate transaction or occurrence,
and at least the second violent sexual offense conviction is
in New Mexico, the defendant shall, in addition to the
punishment imposed for the second violent sexual offense
conviction, be punished by a sentence of life imprisonment.
[The life imprisonment sentence shall be subject to parole
pursuant to the provisions of Section 31-21-10 NMSA 1978.
B. Notwithstanding the provisions of Subsection A
of this section, when a defendant is convicted of a second
violent sexual offense, and each violent sexual offense
conviction is part of a separate transaction or occurrence,
and the victim of each violent sexual offense was less than
thirteen years of age at the time of the offense, and at least
the second violent sexual offense conviction is in New Mexico,
the defendant shall be punished by a sentence of life
imprisonment without the possibility of parole.
C.] B. The sentence of life imprisonment shall be
imposed after a sentencing hearing, separate from the trial or
guilty plea proceeding resulting in the second violent sexual
offense conviction, pursuant to the provisions of Section
31-18-26 NMSA 1978.
[D.] C. For the purposes of this section, a
violent sexual offense conviction incurred by a defendant
before he reaches the age of eighteen shall not count as a
violent sexual offense conviction.
[E.] D. When a defendant has a felony conviction
from another state, the felony conviction shall be considered
a violent sexual offense for the purposes of the Criminal
Sentencing Act if the crime would be considered a violent
sexual offense in New Mexico.
[F.] E. As used in the Criminal Sentencing Act,
"violent sexual offense" means:
(1) criminal sexual penetration in the first degree, as provided in Subsection C of Section 30-9-11 NMSA 1978; or
(2) criminal sexual penetration in the second degree, as provided in Subsection D of Section 30-9-11 NMSA 1978."
Section 3. Section 31-21-10 NMSA 1978 (being Laws 1980, Chapter 28, Section 1, as amended) is amended to read:
"31-21-10. PAROLE AUTHORITY AND PROCEDURE.--
A. An inmate of an institution who was sentenced
to life imprisonment as the result of the commission of a
capital felony, who was convicted of three violent felonies
and sentenced pursuant to Sections 31-18-23 and 31-18-24 NMSA
1978 or who was convicted of two violent sexual offenses and
sentenced pursuant to Subsection A of Section 31-18-25 NMSA
1978 and Section 31-18-26 NMSA 1978 [becomes eligible for a
parole hearing after he has served thirty years of his
sentence. Before ordering the parole of an inmate sentenced
to life imprisonment, the board shall:
(1) interview the inmate at the institution
where he is committed;
(2) consider all pertinent information
concerning the inmate, including:
(a) the circumstances of the offense;
(b) mitigating and aggravating
circumstances;
(c) whether a deadly weapon was used in
the commission of the offense;
(d) whether the inmate is a habitual
offender;
(e) the reports filed under Section
31-21-9 NMSA 1978; and
(f) the reports of such physical and
mental examinations as have been made while in prison;
(3) make a finding that a parole is in the
best interest of society and the inmate; and
(4) make a finding that the inmate is able
and willing to fulfill the obligations of a law-abiding
citizen.
If parole is denied, the inmate sentenced to life
imprisonment shall again become entitled to a parole hearing
at two-year intervals. The board may, on its own motion,
reopen any case in which a hearing has already been granted
and parole denied.
B. Unless the board finds that it is in the best
interest of society and the parolee to reduce the period of
parole, a person who was convicted of a capital felony shall
be required to undergo a minimum period of parole of five
years. During the period of parole, the person shall be under
the guidance and supervision of the board] is not eligible for
parole and shall remain incarcerated for the entirety of his
natural life.
[C.] B. An inmate who was convicted of a first,
second or third degree felony and who has served the sentence
of imprisonment imposed by the court in [a corrections
facility] an institution designated by the corrections
department shall be required to undergo a two-year period of
parole. An inmate who was convicted of a fourth degree felony
and who has served the sentence of imprisonment imposed by the
court in [a corrections facility] an institution designated by
the corrections department shall be required to undergo a one-year period of parole. During the period of parole, the
person shall be under the guidance and supervision of the
board.
[D.] C. Every person while on parole shall remain
in the legal custody of the institution from which he was
released, but shall be subject to the orders of the board.
The board shall furnish to each inmate as a prerequisite to
his release under its supervision a written statement of the
conditions of parole that shall be accepted and agreed to by
the inmate as evidenced by his signature affixed to a
duplicate copy to be retained in the files of the board. The
board shall also require as a prerequisite to release the
submission and approval of a parole plan. If an inmate
refuses to affix his signature to the written statement of the
conditions of his parole or does not have an approved parole
plan, he shall not be released and shall remain in the custody
of the [corrections facility] institution in which he has
served his sentence, excepting parole, until such time as the
period of parole he was required to serve, less meritorious
deductions, if any, expires, at which time he shall be
released from that [facility] institution without parole, or
until such time that he evidences his acceptance and agreement
to the conditions of parole as required or receives approval
for his parole plan or both. Time served from the date that
an inmate refuses to accept and agree to the conditions of
parole or fails to receive approval for his parole plan shall
reduce the period, if any, to be served under parole at a
later date. If the district court has ordered that the inmate
make restitution to a victim as provided in Section 31-17-1
NMSA 1978, the board shall include restitution as a condition
of parole. The board shall also personally apprise the inmate
of the conditions of parole and his duties relating thereto.
[E.] D. When a person on parole has performed the
obligations of his release for the period of parole provided
in this section, the board shall make a final order of
discharge and issue him a certificate of discharge.
[F.] E. Pursuant to the provisions of Section
31-18-15 NMSA 1978, the board shall require the inmate as a
condition of parole:
(1) to pay the actual costs of his parole services to the adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand twenty dollars ($1,020) annually to be paid in monthly installments of not less than fifteen dollars ($15.00) and not more than eighty-five dollars ($85.00), subject to modification by the adult probation and parole division on the basis of changed financial circumstances; and
(2) to reimburse a law enforcement agency or local crime stopper program for the amount of any reward paid by the agency or program for information leading to his arrest, prosecution or conviction.
[G.] F. The provisions of this section shall apply
to all inmates except geriatric, permanently incapacitated and
terminally ill inmates eligible for the medical and geriatric
parole program as provided by the Parole Board Act."
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.