SENATE BILL 578
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Rod Adair
AN ACT
RELATING TO SEX OFFENDERS; PROVIDING FOR TREATMENT OF PERSONS CONVICTED OF CERTAIN SEXUAL OFFENSES AGAINST CHILDREN UNDER THIRTEEN YEARS OF AGE; REQUIRING PAROLE FOR LIFE; MAKING AN APPROPRIATION; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 31, Article 18 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SENTENCING OF PERSONS CONVICTED OF CERTAIN SEXUAL OFFENSES AGAINST CHILDREN UNDER THIRTEEN YEARS OF AGE--TREATMENT WITH MEDROXYPROGESTERONE ACETATE OR ITS EQUIVALENT.--
A. A person convicted of aggravated criminal sexual penetration or criminal sexual penetration in the first degree when the victim is a child under thirteen years of age shall, if paroled, undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other treatment or punishment prescribed for that offense.
B. A person required to undergo treatment pursuant to Subsection A of this section shall:
(1) be exempt from that treatment if the person has undergone or does undergo a permanent surgical alternative to hormonal chemical treatment for sex offenders; and
(2) begin medroxyprogesterone acetate treatment one week prior to release on parole from the physical custody of the corrections department or another institution and shall remain on the treatment program until the parole board determines that the treatment is no longer necessary.
C. The federal centers for disease control and prevention shall administer and implement the protocols required by this section. These protocols shall include a requirement that the person subject to treatment pursuant to this section shall be informed in writing about the effect of hormonal chemical treatment and any side effects that may result from it. The person shall provide a receipt in writing indicating that this information has been communicated to the person.
D. Nothing in the implementation of the protocols developed pursuant to Subsection C of this section shall require a medical doctor employed by the corrections department or the parole board to participate, against the doctor's will, in the program authorized by this section."
SECTION 2. Section 31-21-10.1 NMSA 1978 (being Laws 2003 (1st S.S.), Chapter 1, Section 9, as amended by Laws 2007, Chapter 68, Section 4 and by Laws 2007, Chapter 69, Section 4) is amended to read:
"31-21-10.1. SEX OFFENDERS--PERIOD OF PAROLE--TERMS AND CONDITIONS OF PAROLE.--
A. Except as provided in Subsection B of this section, if the district court sentences a sex offender to a term of incarceration in a facility designated by the corrections department, the district court shall include a provision in the judgment and sentence that specifically requires the sex offender to serve an indeterminate period of supervised parole for a period of:
(1) not less than five years and not in excess of twenty years for the offense of kidnapping when committed with intent to inflict a sexual offense upon the victim, criminal sexual penetration in the third degree, criminal sexual contact of a minor in the fourth degree, [or] sexual exploitation of children in the second degree or child solicitation by electronic communication device; or
(2) not less than five years and up to the natural life of the sex offender for the offense of [aggravated criminal sexual penetration] criminal sexual penetration in the first or second degree when the victim is at least thirteen years of age, criminal sexual contact of a minor in the second or third degree or sexual exploitation of children by prostitution in the first or second degree.
A sex offender's period of supervised parole may be for a period of less than the maximum if, at a review hearing provided for in Subsection [C] D of this section, the state is unable to prove that the sex offender should remain on parole.
B. A sex offender convicted of aggravated criminal sexual penetration or criminal sexual penetration in the first degree when the victim is a child under thirteen years of age may be paroled pursuant to applicable law, but the term of parole shall be for the remainder of the offender's natural life.
[B.] C. Prior to placing a sex offender on parole, the board shall conduct a hearing to determine the terms and conditions of supervised parole for the sex offender. The board may consider any relevant factors, including:
(1) the nature and circumstances of the offense for which the sex offender was incarcerated;
(2) the nature and circumstances of a prior sex offense committed by the sex offender;
(3) rehabilitation efforts engaged in by the sex offender, including participation in treatment programs while incarcerated or elsewhere;
(4) the danger to the community posed by the sex offender; and
(5) a risk and needs assessment regarding the sex offender, developed by the sex offender management board of the New Mexico sentencing commission or another appropriate entity, to be used by appropriate parole board personnel.
[C.] D. Except as provided in Subsection B of this section, when a sex offender has served the initial five years of supervised parole, and at two and one-half year intervals thereafter, the board shall review the duration of the sex offender's supervised parole. At each review hearing, the attorney general shall bear the burden of proving by clear and convincing evidence that the sex offender should remain on parole.
[D.] E. The board may order a sex offender released on parole to abide by reasonable terms and conditions of parole, including:
(1) being subject to intensive supervision by a parole officer of the corrections department;
(2) participating in an outpatient or inpatient sex offender treatment program;
(3) a parole agreement by the sex offender not to use alcohol or drugs;
(4) a parole agreement by the sex offender not to have contact with certain persons or classes of persons; and
(5) being subject to alcohol testing, drug testing or polygraph examinations used to determine if the sex offender is in compliance with the terms and conditions of the sex offender's parole.
[E.] F. The board shall require electronic real-time monitoring of every sex offender released on parole for the entire time the sex offender is on parole. The electronic monitoring shall use global positioning system monitoring technology or any successor technology that would give continuous information on the sex offender's whereabouts and enable law enforcement and the corrections department to determine the real-time position of a sex offender to a high level of accuracy.
[F.] G. The board shall notify the chief public defender of an upcoming parole hearing for a sex offender pursuant to Subsection [C] D of this section, and the chief public defender shall make representation available to the sex offender at the parole hearing.
[G.] H. If the board finds that a sex offender has violated the terms and conditions of the sex offender's parole, the board may revoke the sex offender's parole or may modify the terms and conditions of parole.
[H.] I. The provisions of this section shall apply to all sex offenders, except geriatric, permanently incapacitated and terminally ill inmates eligible for the medical and geriatric parole program as provided by the Parole Board Act.
[I.] J. As used in this section, "sex offender" means a person who is convicted of, pleads guilty to or pleads nolo contendere to any one of the following offenses:
(1) kidnapping, as provided in Section 30-4-1 NMSA 1978, when committed with intent to inflict a sexual offense upon the victim;
(2) aggravated criminal sexual penetration or criminal sexual penetration in the first, second or third degree, as provided in Section 30-9-11 NMSA 1978;
(3) criminal sexual contact of a minor in the second, third or fourth degree, as provided in Section 30-9-13 NMSA 1978;
(4) sexual exploitation of children in the second degree, as provided in Section 30-6A-3 NMSA 1978;
(5) sexual exploitation of children by prostitution in the first or second degree, as provided in Section 30-6A-4 NMSA 1978; or
(6) child solicitation by electronic communication device, as provided in Section 30-37-3.2 NMSA 1978."
SECTION 3. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from the general fund to the corrections department for expenditure in fiscal year 2012 to implement a program of hormonal chemical treatment for sex offenders released on parole as provided in this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2012 shall revert to the general fund.
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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