SENATE BILL 251

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO COUNTY JAILS; PROVIDING FOR COMMUNITY CUSTODY RELEASE PROGRAMS; REQUIRING WRITTEN POLICIES AND APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS; EXPANDING THE CRIME OF ESCAPE FROM A COMMUNITY CUSTODY RELEASE PROGRAM TO INCLUDE ESCAPE FROM PROGRAMS APPROVED BY A BOARD OF COUNTY COMMISSIONERS.

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

     Section 1. A new section of Chapter 33, Article 3 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] COMMUNITY CUSTODY RELEASE PROGRAMS.--

          A. A jail administrator may establish a community custody release program as an alternative to incarceration in the county jail.

          B. A community custody release program may provide for substance abuse treatment and counseling, educational and life skills counseling and training, employment or school attendance as determined by the jail administrator. A community custody release program may include a day reporting program, an electronic monitoring program, a day detention program or a community tracking program.

           C. Before a community custody release program is implemented, the jail administrator shall adopt written policies for the program and for the assignment of inmates to the program. The community custody release program and the written policies shall be approved by the board of county commissioners.

          D. Only inmates charged with or convicted of a nonviolent offense as defined in Section 33-2-34 NMSA 1978 are eligible for placement in a community custody release program.

          E. The board of county commissioners may require inmates placed in a community custody release program to pay some or all of the costs associated with their placement.

          F. Time served in a community custody release program shall be credited to the inmate as if the time was served in the county jail.

          G. As used in this section, "jail administrator" means the person hired by a county who supervises the entire operation of the jail and reports directly to the county manager or the board of county commissioners and may include the sheriff of the county."

     Section 2. 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 by a judge or a jail administrator to a [judicially approved] community custody release program, including a day reporting program, an electronic monitoring program, a day detention program or a community tracking program that is judicially approved or approved by the board of county commissioners, 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 felony.

          D. As used in this section, "jail administrator" means the person hired by a county who supervises the entire operation of the jail and reports directly to the county manager or the board of county commissioners and may include the sheriff of the county."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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