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AN ACT

RELATING TO CORRECTIONS; CHANGING THE ADMINISTRATIVE

AUTHORITY FOR EARNED MERITORIOUS DEDUCTIONS FOR PRISONERS;

DECREASING EARNED MERITORIOUS DEDUCTIONS FOR SOME PRISONERS

AND INCREASING THEM FOR OTHERS; PROVIDING ELIGIBILITY FOR

EARNED MERITORIOUS DEDUCTIONS TO OFFENDERS SERVING PAROLE

TERMS ON OR AFTER JULY 1, 2004.

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

Section 1. Section 33-2-34 NMSA 1978 (being Laws 1999,

Chapter 238, Section 1, as amended) is amended to read:

"33-2-34. ELIGIBILITY FOR EARNED MERITORIOUS

DEDUCTIONS.--

A. To earn meritorious deductions, a prisoner

confined in a correctional facility designated by the

corrections department must be an active participant in

programs recommended for the prisoner by the classification

supervisor and approved by the warden or the warden's

designee. Meritorious deductions shall not exceed the

following amounts:

(1) for a prisoner confined for committing a

serious violent offense, up to a maximum of four days per

month of time served;

(2) for a prisoner confined for committing a

nonviolent offense, up to a maximum of thirty days per month

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of time served;

(3) for a prisoner confined following

revocation of parole for the alleged commission of a new

felony offense or for absconding from parole, up to a maximum

of four days per month of time served during the parole term

following revocation; and

(4) for a prisoner confined following

revocation of parole for a reason other than the alleged

commission of a new felony offense or absconding from parole:

(a) up to a maximum of eight days per

month of time served during the parole term following

revocation, if the prisoner was convicted of a serious

violent offense or failed to pass a drug test administered as

a condition of parole; or

(b) up to a maximum of thirty days per

month of time served during the parole term following

revocation, if the prisoner was convicted of a nonviolent

offense.

B. A prisoner may earn meritorious deductions upon

recommendation by the classification supervisor, based upon

the prisoner's active participation in approved programs and

the quality of the prisoner's participation in those approved

programs. A prisoner may not earn meritorious deductions

unless the recommendation of the classification supervisor is

approved by the warden or the warden's designee.

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C. If a prisoner's active participation in

approved programs is interrupted by a lockdown at a

correctional facility, the prisoner may continue to be

awarded meritorious deductions at the rate the prisoner was

earning meritorious deductions prior to the lockdown, unless

the warden or the warden's designee determines that the

prisoner's conduct contributed to the initiation or

continuance of the lockdown.

D. A prisoner confined in a correctional facility

designated by the corrections department is eligible for

lump-sum meritorious deductions as follows:

(1) for successfully completing an approved

vocational, substance abuse or mental health program, one

month; except when the prisoner has a demonstrable physical,

mental health or developmental disability that prevents the

prisoner from successfully earning a general education

diploma, in which case, the prisoner shall be awarded three

months;

(2) for earning a general education diploma,

three months;

(3) for earning an associate's degree, four

months;

(4) for earning a bachelor's degree, five

months;

(5) for earning a graduate qualification,

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five months; and

(6) for engaging in a heroic act of saving

life or property, engaging in extraordinary conduct for the

benefit of the state or the public that is at great expense,

risk or effort on behalf of the prisoner, or engaging in

extraordinary conduct far in excess of normal program

assignments that demonstrates the prisoner's commitment to

self-rehabilitation. The classification supervisor and the

warden or the warden's designee may recommend the number of

days to be awarded in each case based upon the particular

merits, but any award shall be determined by the director of

the adult institutions division of the corrections department

or the director's designee.

E. Lump-sum meritorious deductions, provided in

Paragraphs (1) through (6) of Subsection D of this section,

may be awarded in addition to the meritorious deductions

provided in Subsections A and B of this section. Lump-sum

meritorious deductions shall not exceed one year per award

and shall not exceed a total of one year for all lump-sum

meritorious deductions awarded in any consecutive

twelve-month period.

F. A prisoner is not eligible to earn meritorious

deductions if the prisoner:

(1) disobeys an order to perform labor,

pursuant to Section 33-8-4 NMSA 1978;

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(2) is in disciplinary segregation;

(3) is confined for committing a serious

violent offense and is within the first sixty days of receipt

by the corrections department; or

(4) is not an active participant in programs

recommended and approved for the prisoner by the

classification supervisor.

G. The provisions of this section shall not be

interpreted as providing eligibility to earn meritorious

deductions from a sentence of life imprisonment or a sentence

of death.

H. The corrections department shall promulgate

rules to implement the provisions of this section, and the

rules shall be matters of public record. A concise summary

of the rules shall be provided to each prisoner, and each

prisoner shall receive a quarterly statement of the

meritorious deductions earned.

I. A New Mexico prisoner confined in a federal or

out-of-state correctional facility is eligible to earn

meritorious deductions for active participation in programs

on the basis of the prisoner's conduct and program reports

furnished by that facility to the corrections department.

All decisions regarding the award and forfeiture of

meritorious deductions at such facility are subject to final

approval by the director of the adult institutions division

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of the corrections department or the director's designee.

J. In order to be eligible for meritorious

deductions, a prisoner confined in a federal or out-of-state

correctional facility designated by the corrections

department must actively participate in programs that are

available. If a federal or out-of-state correctional

facility does not have programs available for a prisoner, the

prisoner may be awarded meritorious deductions at the rate

the prisoner could have earned meritorious deductions if the

prisoner had actively participated in programs.

K. A prisoner confined in a correctional facility

in New Mexico that is operated by a private company, pursuant

to a contract with the corrections department, is eligible to

earn meritorious deductions in the same manner as a prisoner

confined in a state-run correctional facility. All decisions

regarding the award or forfeiture of meritorious deductions

at such facilities are subject to final approval by the

director of the adult institutions division of the

corrections department or the director's designee.

L. As used in this section:

(1) "active participant" means a prisoner

who has begun, and is regularly engaged in, approved

programs;

(2) "program" means work, vocational,

educational, substance abuse and mental health programs,

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approved by the classification supervisor, that contribute to

a prisoner's self-betterment through the development of

personal and occupational skills. "Program" does not include

recreational activities;

(3) "nonviolent offense" means any offense

other than a serious violent offense; and

(4) "serious violent offense" means:

(a) second degree murder, as provided

in Section 30-2-1 NMSA 1978;

(b) voluntary manslaughter, as provided

in Section 30-2-3 NMSA 1978;

provided in Section 30-3-5 NMSA 1978;

(d) third degree aggravated battery

against a household member, as provided in Section 30-3-16

NMSA 1978;

(e) first degree kidnapping, as

provided in Section 30-4-1 NMSA 1978;

(f) first and second degree criminal

sexual penetration, as provided in Section 30-9-11 NMSA 1978;

(g) second and third degree criminal

sexual contact of a minor, as provided in Section 30-9-13

NMSA 1978;

(h) first and second degree robbery, as

provided in Section 30-16-2 NMSA 1978;

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(i) second degree aggravated arson, as

provided in Section 30-17-6 NMSA 1978;

(j) shooting at a dwelling or occupied

building, as provided in Section 30-3-8 NMSA 1978;

(k) shooting at or from a motor

vehicle, as provided in Section 30-3-8 NMSA 1978;

(l) aggravated battery upon a peace

officer, as provided in Section 30-22-25 NMSA 1978;

(m) assault with intent to commit a

violent felony upon a peace officer, as provided in Section

30-22-23 NMSA 1978;

(n) aggravated assault upon a peace

officer, as provided in Section 30-22-22 NMSA 1978; and

(o) any of the following offenses, when

the nature of the offense and the resulting harm are such

that the court judges the crime to be a serious violent

offense for the purpose of this section: 1) involuntary

manslaughter, as provided in Section 30-2-3 NMSA 1978; 2)

fourth degree aggravated assault, as provided in Section

30-3-2 NMSA 1978; 3) third degree assault with intent to

commit a violent felony, as provided in Section 30-3-3 NMSA

1978; 4) fourth degree aggravated assault against a household

member, as provided in Section 30-3-13 NMSA 1978; 5) third

degree assault against a household member with intent to

commit a violent felony, as provided in Section 30-3-14 NMSA

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1978; 6) third and fourth degree aggravated stalking, as

provided in Section 30-3A-3.1 NMSA 1978; 7) second degree

kidnapping, as provided in Section 30-4-1 NMSA 1978; 8)

second degree abandonment of a child, as provided in Section

30-6-1 NMSA 1978; 9) first, second and third degree abuse of

a child, as provided in Section 30-6-1 NMSA 1978; 10) third

degree dangerous use of explosives, as provided in Section

30-7-5 NMSA 1978; 11) third and fourth degree criminal sexual

penetration, as provided in Section 30-9-11 NMSA 1978; 12)

fourth degree criminal sexual contact of a minor, as provided

in Section 30-9-13 NMSA 1978; 13) third degree robbery, as

provided in Section 30-16-2 NMSA 1978; 14) third degree

homicide by vehicle or great bodily injury by vehicle, as

provided in Section 66-8-101 NMSA 1978; and 15) battery upon

a peace officer, as provided in Section 30-22-24 NMSA 1978.

M. Except for sex offenders, as provided in

Section 31-21-10.1 NMSA 1978, an offender sentenced to

confinement in a correctional facility designated by the

corrections department who has been released from confinement

and who is serving a parole term may be awarded earned

meritorious deductions of up to thirty days per month upon

recommendation of the parole officer supervising the

offender, with the final approval of the adult parole board.

The offender must be in compliance with all the conditions of

the offender's parole to be eligible for earned meritorious

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deductions. The adult parole board may remove earned

meritorious deductions previously awarded if the offender

later fails to comply with the conditions of the offender's

parole. The corrections department and the adult parole

board shall promulgate rules to implement the provisions of

this subsection. This subsection applies to offenders who

are serving a parole term on or after July 1, 2004."

Section 2. Section 33-2-36 NMSA 1978 (being Laws 1988,

Chapter 78, Section 6, as amended) is amended to read:

"33-2-36. FORFEITURE OF EARNED MERITORIOUS

DEDUCTIONS.--

A. Meritorious deductions earned by a prisoner may

be forfeited in an amount up to ninety days for two or more

misconduct violations. Meritorious deductions earned by a

prisoner may be forfeited in an amount in excess of ninety

days for a major conduct violation. Forfeitures of

meritorious deductions of up to ninety days shall only

proceed upon the recommendation of the classification

supervisor and final approval by the warden or the warden's

designee. Forfeitures of meritorious deductions in an amount

in excess of ninety days shall only proceed upon the

recommendation of the classification supervisor and the

warden or the warden's designee and final approval of the

director of the adult institutions division of the

corrections department or the director's designee. The

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secretary of corrections may review and revise any decision

regarding the forfeiture of meritorious deductions.

B. The provisions of this section also apply to

the forfeiture of earned meritorious deductions for a

prisoner confined in a:

(1) federal or out-of-state correctional

facility; or

(2) correctional facility in New Mexico

operated by a private company pursuant to a contract with the

corrections department."

Section 3. Section 33-2-37 NMSA 1978 (being Laws 1988,

Chapter 78, Section 7, as amended) is amended to read:

"33-2-37. RESTORATION OF FORFEITED MERITORIOUS

DEDUCTIONS.--

A. Meritorious deductions forfeited pursuant to

Section 33-2-36 NMSA 1978 may be restored in whole or in part

to a prisoner who is exemplary in conduct and work

performance for a period of not less than six months

following the date of forfeiture. Meritorious deductions may

be restored upon recommendation of the classification

supervisor, approval by the warden or the warden's designee

and final approval by the director of the adult institutions

division of the corrections department or the director's

designee.

B. The provisions of this section also apply to

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the restoration of earned meritorious deductions for a

prisoner confined in a:

(1) federal or out-of-state correctional

facility; or

(2) correctional facility in New Mexico

operated by a private company pursuant to a contract with the

corrections department."

Section 4. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2006.