SENATE BILL 6
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Cisco McSorley
FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE
AN ACT
RELATING TO LOCAL JAILS; EXPANDING THE CRIME OF ESCAPE FROM A COMMUNITY CUSTODY RELEASE PROGRAM TO INCLUDE ESCAPE FROM PROGRAMS APPROVED BY A SHERIFF OR JAIL ADMINISTRATOR; REMOVING THE REQUIREMENT OF JUDICIAL APPROVAL BEFORE A LOCAL JAIL MAY AWARD CREDIT FOR GOOD BEHAVIOR; CLARIFYING THAT THE GOVERNING BODY RESPONSIBLE FOR THE OPERATION OF A JAIL MUST APPROVE A PRISONER-RELEASE PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-22-8.1 NMSA 1978 (being Laws 1999, Chapter 118, Section 1) is amended to read:
"30-22-8.1. ESCAPE FROM A COMMUNITY CUSTODY RELEASE PROGRAM.--
A. Escape from a community custody release program consists of a person, excluding a person on probation or parole, who has been lawfully committed to a [judicially approved] community custody release program approved by a judge, sheriff or jail administrator, including a day reporting program, an electronic monitoring program, a day detention program or a community tracking program, escaping or attempting to escape from the community custody release program.
B. Whoever commits escape from a community custody release program, when the person was committed to the program for a misdemeanor charge, is guilty of a misdemeanor.
C. Whoever commits escape from a community custody release program, when the person was committed to the program for a felony charge, is guilty of a fourth degree felony."
Section 2. Section 33-3-9 NMSA 1978 (being Laws 1969, Chapter 207, Section 1, as amended) is amended to read:
"33-3-9. COUNTY JAILS--DEDUCTION OF TIME FOR GOOD BEHAVIOR.--
A. The sheriff or jail administrator of any county [with the approval of the committing judge or presiding judge] may grant any person imprisoned in the county jail a deduction of time from the term of [his] the person's sentence for good behavior and industry and shall establish rules for the accrual of "good time". Deductions of time shall not exceed one-half of the term of the prisoner's original sentence. If a prisoner is under two or more cumulative sentences, the sentences shall be treated as one sentence for the purpose of deducting time for good behavior.
B. A prisoner shall not accrue good time for the mandatory portion of a sentence imposed pursuant to the provisions of:
(1) [Sections] Section 66-8-102 [and] or 66-5-39 NMSA 1978; or
(2) a county or municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs or driving with a revoked or suspended driver's license.
C. A part or all of the prisoner's accrued deductions may be forfeited for any conduct violation. The sheriff or jail administrator shall establish rules and procedures for the forfeiture of accrued deductions and keep a record of all forfeitures of accrued deductions and the reasons for the forfeitures. In addition, any independent contractor shall also keep a duplicate record of such forfeitures.
D. No other time allowance or credits in addition to deductions of time permitted under this section may be granted to any prisoner.
E. If a private independent contractor operates a jail, [he] the independent contractor shall make reports of disciplinary violations and good behavior to the sheriff of the county in which the jail is located. All action on such reports and awards or forfeitures of good time shall be made by the sheriff. The independent contractor shall not have the power to award or cause the forfeiture of good time pursuant to this section."
Section 3. Section 33-3-24 NMSA 1978 (being Laws 1981, Chapter 4, Section 1) is amended to read:
"33-3-24. PRISONER-RELEASE PROGRAM.--The sheriff of any county or the jail administrator of any jail with the approval of [the board of county commissioners and] the governing body [of the municipality, as applicable] or bodies responsible for the operation of the jail may establish a prisoner-release program in accordance with the provisions of Sections 33-2-43 and 33-2-44 NMSA 1978. The labor and industrial commission shall exercise the same supervision over conditions of employment for prisoners working under a prisoner-release program as it does over conditions of employment for free persons. A prisoner working under a prisoner-release program is not entitled to any benefits under the Unemployment Compensation Law during the term of [his] the prisoner's sentence. No prisoner involved in a prisoner-release program is an agent, employee or involuntary servant of a county jail while attending school, working in private business or going to or from [such] the prisoner's assignment."
- 4 -