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AN ACT
RELATING TO CORRECTIONS; CLARIFYING PROVISIONS IN THE
CORRECTIONS POPULATION CONTROL ACT; PROVIDING FOR THE ELECTION
OF A CHAIRPERSON BY THE CORRECTIONS POPULATION CONTROL
COMMISSION; MODIFYING CONSIDERATIONS FOR RELEASE OF NONVIOLENT
OFFENDERS; REPEALING SUNSET.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 33-2A-1 NMSA 1978 (being Laws 2002,
Chapter 8, Section 1) is amended to read:
"33-2A-1. SHORT TITLE.--Chapter 33, Article 2A NMSA 1978
may be cited as the "Corrections Population Control Act"."
Section 2. Section 33-2A-2 NMSA 1978 (being Laws 2002,
Chapter 8, Section 2) is amended to read:
"33-2A-2. PURPOSE.--The purpose of the Corrections
Population Control Act is to establish a corrections
population control commission that shall operate as an
autonomous, nonpartisan body. The commission shall develop
and implement mechanisms to prevent the inmate population from
exceeding the rated capacity of any correctional facility and
shall take appropriate action when necessary to effect the
reduction of the inmate population."
Section 3. Section 33-2A-3 NMSA 1978 (being Laws 2002,
Chapter 8, Section 3) is amended to read:
"33-2A-3. DEFINITIONS.--As used in the Corrections
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Population Control Act:
A. "commission" means the corrections population
control commission;
B. "female correctional facility" means:
(1) the women's correctional facility,
located in Grants; or
(2) any other female correctional facility so
designated by the corrections department;
C. "male correctional facility" means:
(1) the penitentiary of New Mexico, located
in Santa Fe;
(2) the central New Mexico correctional
facility, located in Los Lunas;
(3) the southern New Mexico correctional
facility, located in Las Cruces;
(4) the western New Mexico correctional
facility, located in Grants;
(5) the Roswell correctional facility,
located in Hagerman;
(6) the Guadalupe county correctional
facility, located in Santa Rosa;
(7) the Lea county correctional facility,
located in Hobbs; or
(8) any other male correctional facility so
designated by the corrections department;
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D. "nonviolent offender" means:
(1) a person convicted only of possession of
a controlled substance, pursuant to the provisions of Section
30-31-23 NMSA 1978;
(2) a person incarcerated for violating the
conditions of the person's parole plan due to use or
possession of a controlled substance whose original conviction
was for commission of a nonviolent offense; or
(3) an inmate designated by the commission as
a nonviolent offender; provided that the offender was
convicted for the commission of a nonviolent offense, as that
term is defined in Subsection L of Section 33-2-34 NMSA 1978;
and
E. "rated capacity" means the actual general
population bed space, including only individual cells and
areas designed for the long-term housing of inmates, available
in a female correctional facility or a male correctional
facility as certified by the secretary of corrections and
subject to applicable state and federal law."
Section 4. Section 33-2A-4 NMSA 1978 (being Laws 2002,
Chapter 8, Section 4) is amended to read:
"33-2A-4. COMMISSION--CREATION--MEMBERSHIP--TERMS.--
A. The "corrections population control commission"
is created.
B. The commission shall be composed of seven
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members:
(1) the secretary of corrections;
(2) a public official or private citizen
appointed by the chief justice of the New Mexico supreme
court;
(3) a public official or private citizen
appointed by the speaker of the house of representatives;
(4) a public official or private citizen
appointed by the president pro tempore of the senate;
(5) a public official or private citizen
appointed by the minority leader of the house of
representatives;
(6) a public official or private citizen
appointed by the minority leader of the senate; and
(7) a public official or private citizen
appointed by the governor.
C. The commission shall elect a chair and adopt
rules as necessary to carry out its duties. A majority of the
members of the commission constitutes a quorum for the
transaction of commission business.
D. An appointed member of the commission shall
serve until excused by the appointing authority. A vacancy on
the commission shall be filled by the appointing authority
that made the original appointment.
E. Following the initial appointments to the
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commission, when a new individual assumes any of the
leadership positions set forth in Paragraphs (2) through (7)
of Subsection B of this section, that individual may make the
individual's own appointment to the commission to replace an
existing member.
F. The members of the commission shall be paid
pursuant to the provisions of the Per Diem and Mileage Act and
shall receive no other perquisite, compensation or allowance."
Section 5. Section 33-2A-6 NMSA 1978 (being Laws 2002,
Chapter 8, Section 6) is amended to read:
"33-2A-6. OVERCROWDING--POPULATION CONTROL MECHANISM--
PROCEDURES.--When the inmate population of a female
correctional facility or a male correctional facility exceeds
one hundred percent of rated capacity for a period of thirty
consecutive days, the following measures shall be taken to
reduce capacity:
A. the corrections department shall engage in all
lawful and professionally appropriate efforts to reduce the
inmate population to one hundred percent of rated capacity;
B. if inmate population is still in excess of one
hundred percent of rated capacity after sixty consecutive
days, the secretary of corrections shall notify the
commission. Included in the notification shall be a list of
nonviolent offenders who are within one hundred eighty days of
their projected release date;
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C. the commission shall convene within ten days to
consider the release of nonviolent offenders on the list
provided by the secretary of corrections. The commission
shall also discuss with the corrections department the impact
on the inmate population of possible changes in the
classification system and expanding incarceration
alternatives;
D. for nonviolent offenders approved by the
commission for release, the commission shall grant emergency
release credits in ten-day increments that shall be applied to
the sentences being served by the nonviolent offenders. The
commission shall order release of the appropriate number of
nonviolent offenders to reduce the inmate population; and
E. notwithstanding any other provisions of this
section, a nonviolent offender shall not be released:
(1) unless the nonviolent offender has a
parole plan pursuant to applicable parole board regulations;
(2) if the information that classifies the
offender as a nonviolent offender pursuant to Subsection D of
Section 33-2A-3 NMSA 1978 is discovered to be materially
inaccurate; or
(3) if the nonviolent offender was convicted
of a crime while incarcerated."
Section 6. REPEAL.--Section 33-2A-8 NMSA 1978 (being
Laws 2002, Chapter 8, Section 8) is repealed.