HOUSE BILL 450

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Antonio "Moe" Maestas

AN ACT

RELATING TO COUNTY JAILS; PROVIDING FOR DEDUCTIONS OF TIME FROM THE TERM OF SENTENCE FOR GOOD BEHAVIOR WITHOUT JUDICIAL APPROVAL IN CERTAIN COUNTY JAILS; REMOVING THE REQUIREMENT OF JUDICIAL APPROVAL BEFORE A JAIL ADMINISTRATOR MAY AWARD CREDIT FOR GOOD BEHAVIOR IN CERTAIN COUNTY JAILS.

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

     SECTION 1. 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. Except as provided in Section 33-3-9.1 NMSA 1978, 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 inmate's sentence for good behavior and industry and shall establish rules for the accrual of "good time". Deductions of time for good behavior shall not exceed one-half of the term of the [prisoner's] inmate's original sentence. If [a prisoner] an inmate 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] An inmate 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] inmate'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] inmate.

          E. If a private independent contractor operates a jail, [he] the independent contractor shall make reports of disciplinary violations and good behavior to the jail administrator or 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 jail administrator or the sheriff. The independent contractor shall not have the power to award or cause the forfeiture of good time pursuant to this section."

     SECTION 2. A new Section 33-3-9.1 NMSA 1978 is enacted to read:

     "33-3-9.1. [NEW MATERIAL] CERTAIN COUNTY JAILS--DEDUCTION OF TIME FOR GOOD BEHAVIOR--ELIGIBILITY.--

          A. In a class A county with a population greater than five hundred thousand, the sheriff or jail administrator of a county may grant an inmate in the county jail a deduction of time from the term of the inmate's sentence for good behavior and industry in accordance with established rules. Deductions of time for good behavior shall not exceed one-half of the term of the inmate's original sentence. If an inmate 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. An inmate shall not accrue deductions of time for good behavior pursuant to this section for the mandatory portion of a sentence imposed pursuant to the provisions of:

                (1) Section 66-8-102 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 an inmate's deductions of time for good behavior accrued pursuant to this section may be forfeited for a 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, an independent contractor shall keep a duplicate record of forfeitures of accrued deductions.

          D. No other time allowance or credits in addition to deductions of time for good behavior permitted by this section may be granted to an inmate.

          E. If a private independent contractor operates a jail covered by this section, the independent contractor shall make reports of disciplinary violations and good behavior to the jail administrator or the sheriff of the county in which the jail is located. All action taken in response to an independent contractor's reports, including deductions of time for good behavior and forfeitures of deductions of time for good behavior, shall be made by the jail administrator or the sheriff. An independent contractor shall not have the power to award or cause the forfeiture of deductions of time for good behavior accrued pursuant to this section." 

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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