HOUSE BILL 275
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
W. Ken Martinez
AN ACT
RELATING TO CORRECTIONS; PROVIDING FOR THE APPOINTMENT OF A DIRECTOR OF THE PAROLE BOARD; CLARIFYING DUTIES AND POWERS.
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", administratively attached to the corrections department and 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] A member of the board shall not 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.
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] schedule hearings for the parole board.
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. Section 31-21-25 NMSA 1978 (being Laws 1975, Chapter 194, Section 4, as amended) is amended to read:
"31-21-25. POWERS AND DUTIES OF THE BOARD.--
A. The parole board shall have the powers and duties of the former state board of probation and parole pursuant to Sections 31-21-6 and 31-21-10 through 31-21-17 NMSA 1978 and such additional powers and duties relating to the parole of adults as are enumerated in this section.
B. The parole board shall have the following powers and duties to:
(1) grant, deny or revoke parole;
(2) conduct or cause to be conducted such investigations, examinations, interviews, hearings and other proceedings as may be necessary for the effectual discharge of the duties of the board;
(3) summon witnesses, books, papers, reports, documents or tangible things and administer oaths as may be necessary for the effectual discharge of the duties of the board;
(4) maintain records of its acts, decisions and orders and notify each corrections facility of its decisions relating to persons who are or have been confined therein;
(5) adopt an official seal of which the courts shall take judicial notice;
[(6) employ such officers, agents, assistants and other employees as may be necessary for the effectual discharge of the duties of the board;
(7) contract for services, supplies, equipment, office space and such other provisions as may be necessary for the effectual discharge of the duties of the board]; and
[(8)] (6) adopt [such] rules [and regulations] as [may be] necessary for the effectual discharge of the duties of the board.
C. The parole board shall provide a prisoner or parolee with a written statement of the reason or reasons for denying or revoking parole.
D. The parole board shall adopt a written policy specifying the criteria to be considered by the board in determining whether to grant, deny or revoke parole or to discharge a parolee.
E. When the parole board conducts a parole hearing for an offender, and upon request of the victim or family member the board shall allow the victim of the offender's crime or a family member of the victim to be present during the parole hearing. If the victim or a family member of the victim requests an opportunity to speak to the board during the hearing in public or private, the board shall grant that request. As used in this subsection, "family member of the victim" means a mother, father, sister, brother, child or spouse of the victim or a person who has custody of the victim."
Section 3. A new section of the Parole Board Act is enacted to read:
"[NEW MATERIAL] DIRECTOR--POWERS AND DUTIES.--A director shall be appointed by the governor to serve as the executive officer of the parole board. The director shall:
A. employ officers, agents, assistants and other employees as necessary for the effectual discharge of the duties of the board;
B. contract for services, supplies, equipment, office space and other provisions as necessary for the effectual discharge of the duties of the board; and
C. coordinate with the corrections department in the furnishing of support and other services."
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