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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:

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"33-2A-3. DEFINITIONS.--As used in the Corrections

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

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designated by the corrections department;

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.

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B. The commission shall be composed of seven

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.

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E. Following the initial appointments to the

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

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nonviolent offenders who are within one hundred eighty days

of their projected release date;

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; or

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(4) if the nonviolent offender fails a drug

screening test within ten days of the offender's scheduled

release."

Section 6. REPEAL.--Section 33-2A-8 NMSA 1978 (being

Laws 2002, Chapter 8, Section 8) is repealed.