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AN ACT

RELATING TO THE SEX OFFENDER MANAGEMENT BOARD; ADDING THE

SECRETARY OF PUBLIC EDUCATION AND THE SECRETARY OF INDIAN

AFFAIRS TO THE BOARD.

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

Section 1. Section 9-3-1 NMSA 1978 (being Laws 1977,

Chapter 257, Section 1, as amended) is amended to read:

"9-3-1. SHORT TITLE.--Chapter 9, Article 3 NMSA 1978

may be cited as the "Corrections Department Act"."

Section 2. Section 9-3-13 NMSA 1978 (being Laws 2003

(1st S.S.), Chapter 1, Section 1, as amended) 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

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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) the secretary of public education or

designee;

(10) the secretary of Indian affairs or

designee;

(11) one public member appointed by the

governor who is a board member of a New Mexico victims

organization;

(12) 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;

(13) a representative appointed by the

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governor from the adult probation and parole division of the

corrections department who has expertise in the supervision of

sex offenders;

(14) a representative appointed by the

governor from the law enforcement community who has expertise

regarding sex offender community notification, registration,

tracking and monitoring;

(15) a representative appointed by the

governor who is affiliated with a civil liberties

organization; and

(16) 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

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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

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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."

Section 3. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.

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