45th legislature - STATE OF NEW MEXICO - second session, 2002

REQUESTING THAT THE ADULT PAROLE BOARD PROVIDE TESTIMONY TO AN APPROPRIATE INTERIM COMMITTEE REGARDING POLICY REASONS FOR IMPLEMENTING A SYSTEM OF INDETERMINATE SENTENCING.

WHEREAS, the current system of determinate sentencing, which requires that a judge pronounce a sentence for a specific term of incarceration, became law in New Mexico in 1979; and

WHEREAS, prior to 1979, New Mexico used a system of indeterminate sentencing, which meant that the judge imposed a sentence with a lower and upper range of years; and

WHEREAS, under the system of indeterminate sentencing, the adult parole board decided when an offender was released from prison; and

WHEREAS, in New Mexico today, recidivism rates for offenders remain unsatisfactorily high, which arguably reflects a failure to rehabilitate offenders while they are incarcerated for a specific term; and

WHEREAS, given those high recidivism rates, it may be advisable to consider a return to indeterminate sentencing and a return to the adult parole board's authority to decide release dates for offenders;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the adult parole board be requested to provide testimony to an appropriate interim committee regarding policy reasons for implementing a system of indeterminate sentencing; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the executive director of the adult parole board.