AN ACT
RELATING TO SEX OFFENDERS; ADDING THE SECRETARY OF PUBLIC SAFETY AS A MEMBER OF THE SEX OFFENDER MANAGEMENT BOARD AUTHORIZING DESIGNEES FOR CERTAIN BOARD MEMBERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 9-3-13 NMSA 1978 (being Laws 2003 (1st S.S.), Chapter 1, Section 1) is amended to read:
"9-3-13. SEX OFFENDER MANAGEMENT BOARD--CREATION--MEMBERSHIP--DUTIES.--
A. There is created within the New Mexico sentencing commission the "sex offender management board". Members of the sex offender management board who are not members of the New Mexico sentencing commission, whose membership is set forth in Section 9-3-10 NMSA 1978, shall not be voting members of the New Mexico sentencing commission.
B. The sex offender management board shall be composed of the following members:
(1) the attorney general or designee;
(2) a district attorney appointed by the district attorneys association of New Mexico;
(3) the chief public defender or designee;
(4) a district court judge appointed by the district court judge's association of New Mexico;
(5) the secretary of corrections or designee;
(6) the secretary of health or designee;
(7) the secretary of children, youth and families or designee;
(8) the secretary of public safety or designee;
(9) one public member appointed by the governor who is a board member of a New Mexico victims organization;
(10) two representatives appointed by the governor who are mental health professionals licensed to practice in New Mexico. One of the mental health professionals shall be a member of the association for the treatment of sexual abusers and one shall be a juvenile sex offender treatment specialist;
(11) a representative appointed by the governor from the adult probation and parole division of the corrections department who has expertise in the supervision of sex offenders;
(12) a representative appointed by the governor from the law enforcement community who has expertise regarding sex offender community notification, registration, tracking and monitoring;
(13) a representative appointed by the governor who is affiliated with a civil liberties organization; and
(14) a representative appointed by the governor who is affiliated with a faith-based organization.
C. The sex offender management board shall report its findings and recommendations to the New Mexico sentencing commission on a quarterly basis. The New Mexico sentencing commission shall vote to approve, disapprove or revise the recommendations of the board.
D. The sex offender management board shall:
(1) hold meetings at times and for periods as the board deems necessary to accomplish its objectives, but shall meet at least eight times a year;
(2) develop and prescribe a standard procedure for the identification and evaluation of convicted sex offenders. The procedure shall include behavior management, monitoring, treatment and program compliance for sex offenders. The board shall develop and recommend measures of success;
(3) develop and recommend guidelines and standards for the treatment of sex offenders that can be utilized by offenders who are placed on probation, incarcerated with the corrections department, placed on parole or placed in a community corrections program. The guidelines and standards shall include a monitoring process and a plan for developing treatment programs for sex offenders, including determining the duration, terms and conditions of probation and parole for sex offenders;
(4) create a risk assessment screening tool and program to assist sentencing of sex offenders, including determining the duration, terms and conditions of probation and parole for sex offenders;
(5) develop guidelines and standards for monitoring sex offenders who are undergoing evaluation or treatment, including behavioral monitoring;
(6) develop criteria for measuring a sex offender's progress in treatment programs. The parole board shall use the criteria approved by the New Mexico sentencing commission to determine whether a sex offender may appropriately be discharged from parole;
(7) develop a standardized procedure for the identification and evaluation of juvenile sex offenders. The procedure shall include behavior management, monitoring, treatment and program compliance for juvenile sex offenders. The board shall develop and implement measures of success;
(8) develop and recommend guidelines and standards for the treatment of juvenile sex offenders who are placed on probation, committed to a state agency, placed on parole or placed in a community corrections program;
(9) research and analyze safety issues raised when sex offenders live in a community;
(10) study and consider the viability and legality of a civil commitment program for sex offenders; (11) research and determine the feasibility and legality of implementing indeterminate sentencing for sex offenders;
(12) study the use of clinical polygraph testing as a means to evaluate sex offenders;
(13) evaluate sex offender treatment programs administered by state agencies and recommend changes, if needed, in those treatment programs; and
(14) review the provisions of the Sex Offender Notification and Registration Act and recommend changes, if needed, to that act.
E. The members of the sex offender management board shall be paid pursuant to the Per Diem and Mileage Act and shall receive no other perquisite, compensation or allowance."
HB 103
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