HOUSE BILL 480
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Rhonda S. King
AN ACT
RELATING TO CORRECTIONS; CREATING THE CORRECTIONS DEPARTMENT COMMUNITY SUPERVISION FUND; ALLOWING PROBATION AND PAROLE SERVICES FEES TO FUND THE ADMINISTRATION AND OPERATION OF PROBATION AND PAROLE SUPERVISION PROGRAMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Corrections Act is enacted to read:
"[NEW MATERIAL] CORRECTIONS DEPARTMENT COMMUNITY SUPERVISION FUND CREATED.--
A. The "corrections department community supervision fund" is created in the state treasury. Money received by the department pursuant to Sections 31-20-6 and 31-21-10 NMSA 1978 shall be deposited in the fund. Money in the fund shall not revert to the general fund at the end of any fiscal year. Expenditures from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the secretary of corrections or the secretary's authorized representative.
B. The fund shall be administered by the department, and money in the fund is subject to appropriation by the legislature for the operation and administration of intensive supervision programs, community corrections programs, probation supervision programs and parole supervision programs. The department may use the fund to hire additional permanent or term full-time-equivalent positions, contract for services and procure equipment and materials for the operation and administration of intensive supervision programs, community corrections programs, probation supervision programs and parole supervision programs."
Section 2. Section 31-20-6 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-18, as amended) is amended to read:
"31-20-6. CONDITIONS OF ORDER DEFERRING OR SUSPENDING SENTENCE.--The magistrate, metropolitan or district court shall attach to its order deferring or suspending sentence such reasonable conditions as it [may deem] deems necessary to ensure that the defendant will observe the laws of the United States and the various states and the ordinances of any municipality. The defendant upon conviction shall be required 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] the defendant's arrest, prosecution or conviction, but in no event shall reimbursement to the crime stopper program preempt restitution to victims pursuant to the provisions of Section 31-17-1 NMSA l978. The defendant upon conviction shall be required to pay the actual costs of [his] the defendant's supervised probation service to the adult probation and parole division of the corrections department or appropriate responsible agency for deposit to the corrections department [intensive] community supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant's payment of the supervised probation costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded. The court may also require the defendant to:
A. provide for the support of persons for whose support [he] the defendant is legally responsible;
B. undergo available medical or psychiatric treatment and enter and remain in a specified institution when required for that purpose;
C. be placed on probation under the supervision, guidance or direction of the adult probation and parole division for a term not to exceed five years;
D. serve a period of time in volunteer labor to be known as "community service". The type of labor and period of service shall be at the sole discretion of the court; provided that a person receiving community service shall be immune from any civil liability other than gross negligence arising out of the community service, and a person who performs community service pursuant to court order or a criminal diversion program shall not be entitled to wages, shall not be considered an employee and shall not be entitled to workers' compensation, unemployment benefits or any other benefits otherwise provided by law. As used in this subsection, "community service" means labor that benefits the public at large or a public, charitable or educational entity or institution;
E. make a contribution of not less than ten dollars ($10.00) and not more than one hundred dollars ($100), to be paid in monthly installments of not less than five dollars ($5.00), to a local crime stopper program or a local drug abuse resistance education program that operates in the territorial jurisdiction of the court; and
F. satisfy any other conditions reasonably related to [his] the defendant's rehabilitation."
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] the inmate has served thirty years of [his] the inmate's sentence. Before ordering the parole of an inmate sentenced to life imprisonment, the board shall:
(1) interview the inmate at the institution where [he] the inmate 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 an institution;
(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.
B. 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.] C. Unless the board finds that it is in the best interest of society and the parolee to reduce the period of parole, [a person] an inmate 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] inmate shall be under the guidance and supervision of the board.
[C.] D. Except for sex offenders as provided in Section 31-21-10.1 NMSA 1978, 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 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 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] inmate shall be under the guidance and supervision of the board.
[D.] E. Every [person] inmate while on parole shall remain in the legal custody of the institution from which [he] the inmate was released, but shall be subject to the orders of the board. The board shall furnish to each inmate as a prerequisite to [his] the inmate's 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] the inmate's 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] the inmate's signature to the written statement of the conditions of [his] the inmate's parole or does not have an approved parole plan, [he] the inmate shall not be released and shall remain in the custody of the institution in which [he has served his sentence] the inmate's sentence has been served, excepting parole, until such time as the period of parole [he] the inmate was required to serve, less meritorious deductions, if any, expires, at which time [he] the inmate shall be released from that institution without parole, or until such time that [he] the inmate evidences [his] acceptance and agreement to the conditions of parole as required or the inmate receives approval for [his] a parole plan or both. Time served from the date that an inmate refuses to accept and agree to the conditions of parole or the inmate fails to receive approval for [his] a 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] the inmate's duties relating thereto.
[E.] F. When [a person] an inmate on parole has performed the obligations of [his] the inmate's release for the period of parole provided in this section, the board shall make a final order of discharge and issue [him] the inmate a certificate of discharge.
[F.] G. 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] the inmate's parole services to the adult probation and parole division of the corrections department for deposit to the corrections department [intensive] community supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the [defendant] inmate. The [defendant's] inmate's payment of the supervised parole costs shall not be waived unless the board holds an evidentiary hearing and finds that the [defendant] inmate is unable to pay the costs. If the board waives the [defendant's] inmate's payment of the supervised parole costs and the [defendant's] inmate's financial circumstances subsequently change so that the [defendant] inmate is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the board and the board shall hold an evidentiary hearing to determine whether the waiver should be rescinded; 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] the inmate's arrest, prosecution or conviction.
[G.] H. 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. Section 31-21-13.1 NMSA 1978 (being Laws 1988, Chapter 62, Section 3, as amended) is amended to read:
"31-21-13.1. INTENSIVE SUPERVISION PROGRAMS.--
A. As used in this section, "intensive supervision programs" means programs that provide highly structured and intense supervision, with stringent reporting requirements, of certain [individuals] persons who represent an excessively high assessment of risk of violation of probation or parole; emphasize meaningful rehabilitative activities and reasonable alternatives without seriously increasing the risk of recidivist crime; and facilitate the payment of restitution by the offender to the victim. "Intensive supervision programs" [include] includes house arrest programs or electronic surveillance programs or both.
B. The corrections department shall implement and operate intensive supervision programs in various local communities. The programs shall provide services for appropriate [individuals] persons by probation and parole officers of the corrections department. The corrections department shall promulgate rules [and regulations] to provide that the officers providing these services have a maximum case load of twenty offenders and to provide for offender selection and other criteria. The corrections department may cooperate with all recognized law enforcement authorities and share all necessary and pertinent information, records or documents regarding probationers or parolees in order to implement and operate these intensive supervision programs.
C. For purposes of this section, a judge contemplating imposition of an intensive supervision program for [an individual] a person shall consult with the adult probation and parole division of the corrections department and consider the recommendations before imposing such probation. The [adult probation and parole] division [of the corrections department] shall recommend only those [individuals] persons who would have otherwise been recommended for incarceration for intensive supervision programs. A judge has discretion to impose an intensive supervision program for [an individual] a person, regardless of recommendations made by the [adult probation and parole] division.
D. Inmates eligible for parole, or within twelve months of eligibility for parole or inmates who would otherwise remain in a correctional institution for lack of a parole plan or those parolees whose parole the board would otherwise revoke are eligible for intensive supervision programs. The provisions of this section do not limit or reduce the statutory authority vested in probation and parole supervision as defined by any other section of the Probation and Parole Act.
[D. There is created in the state treasury the "corrections department intensive supervision fund" to be administered by the corrections department upon vouchers signed by the secretary of corrections. Balances in the corrections department intensive supervision fund shall not revert to the general fund. Beginning July 1, 1988, the intensive supervision programs established pursuant to this section shall be funded by those supervision costs collected pursuant to the provisions of Sections 31-20-6 and 31-21-10 NMSA 1978. The corrections department is specifically authorized to hire additional permanent or term full-time equivalent positions for the purpose of implementing the provisions of this section.]"
Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.
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