HOUSE BILL 211

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Al Park

AN ACT

RELATING TO CORRECTIONS; PROVIDING CRIMINAL PENALTIES FOR ESCAPE FROM A COMMUNITY CORRECTIONS PROGRAM OR AN INTENSIVE SUPERVISION PROGRAM; AMENDING A SECTION OF THE NMSA 1978.

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

     Section 1. Section 33-2-46 NMSA 1978 (being Laws 1969, Chapter 166, Section 4, as amended) is amended to read:

     "33-2-46. INMATE-RELEASE PROGRAM--COMMUNITY CORRECTIONS PROGRAM--INTENSIVE SUPERVISION PROGRAM--ESCAPE.--[Any]

          A. A prisoner whose limits of confinement have been extended or who has been granted a visitation privilege under the inmate-release program, who willfully fails to return to the designated place of confinement within the time prescribed, with the intent not to return, is guilty of an escape. [Whoever is] A person convicted of an escape under the provisions of this [section] subsection is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          B. A prisoner who has been released from prison before completing his basic prison term to participate in a community corrections program or intensive supervision program pursuant to the provisions of Section 33-9-5 or 31-21-13.1 NMSA 1978 and who absconds or escapes from program supervision before completing his basic prison term is guilty of an escape. A person convicted of an escape pursuant to the provisions of this subsection is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.

- 2 -