SB0370

SENATE BILL 370

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Bill B. O’Neill

FOR THE CRIMINAL JUSTICE REFORM SUBCOMMITTEE AND

THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO PAROLE; REQUIRING THE CORRECTIONS DEPARTMENT TO SUBMIT A LIST OF INMATES ELIGIBLE OR WHO MAY BECOME ELIGIBLE FOR MEDICAL OR GERIATRIC PAROLE TO THE PAROLE BOARD EACH QUARTER; REQUIRING THE PAROLE BOARD TO DETERMINE WHETHER INMATES LISTED ON QUARTERLY REPORTS ARE ELIGIBLE FOR PAROLE.

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

SECTION 1. Section 31-21-17.1 NMSA 1978 (being Laws 1994, Chapter 21, Section 2) is amended to read:

"31-21-17.1. MEDICAL AND GERIATRIC PAROLE--ADMINISTRATION BY DEPARTMENT.--

A. The corrections department shall:

(1) identify geriatric, permanently incapacitated and terminally ill inmates who are eligible or who may become eligible for [geriatric or] medical or geriatric parole based on rules established by the board; and

(2) on a quarterly basis, submit a list of inmates who are eligible or who may become eligible for medical or geriatric parole to the board.

B. An inmate or an inmate's representative may submit an application for medical or geriatric parole. The corrections department shall forward an application and documentation in support of parole eligibility to the board within thirty days of receipt of an application from an inmate. The documentation shall include information concerning the inmate's age, medical history and prognosis, institutional behavior and adjustment and criminal history. [The inmate or inmate's representative may submit an application to the board.]"

SECTION 2. Section 31-21-25.1 NMSA 1978 (being Laws 1994, Chapter 21, Section 3) is amended to read:

"31-21-25.1. PAROLE BOARD--ADDITIONAL POWERS AND DUTIES--MEDICAL AND GERIATRIC PAROLE PROGRAM.--

A. The parole board shall:

(1) establish rules and implement a "medical and geriatric parole program", in cooperation with the corrections department, by December 31, 1994;

(2) determine the appropriate level of supervision following parole and develop a comprehensive discharge plan for geriatric, permanently incapacitated and terminally ill inmates released under the medical and geriatric parole program;

(3) report annually to the corrections department and the legislature:

(a) the number of applications for medical parole and geriatric parole [it] that the parole board receives;

(b) the nature of the applicants' illnesses, [disease] diseases or [condition of applicants] conditions;

(d) the number of persons on medical parole and geriatric parole who have been returned to the custody of the corrections department and the reasons for their return;

(4) make a determination whether to grant [geriatric or] medical or geriatric parole within thirty days of receipt of an application and supporting documentation from the corrections department;

(5) review lists of inmates eligible for medical or geriatric parole submitted quarterly by the corrections department and determine whether parole should be granted for those inmates;

[(5)] (6) at the time of an inmate's release, prescribe terms and conditions of [geriatric or] medical or geriatric parole, including medical supervision and intervals of periodic medical evaluations; and

[(6)] (7) authorize the release of geriatric, permanently incapacitated and terminally ill inmates upon terms and conditions as the parole board may prescribe, if the board determines that an inmate is geriatric, permanently incapacitated or terminally ill, parole is not incompatible with the welfare of society and the inmate is not a first degree murder felon.

B. Inmates who have not served their minimum sentences may be considered eligible for parole under the medical and geriatric parole program. Medical and geriatric parole consideration shall be in addition to any other parole for which a geriatric, permanently incapacitated or terminally ill inmate may be eligible.

C. When considering an inmate for medical or geriatric parole, the parole board may request that certain medical evidence be produced or that reasonable medical examinations be conducted.

D. The parole term of a geriatric, permanently incapacitated or terminally ill inmate on medical or geriatric parole shall be for the remainder of the inmate's sentence, without diminution of sentence for good behavior.

E. When determining an inmate's eligibility for [geriatric or] medical or geriatric parole, the parole board shall consider the following criteria concerning the [inmate's] inmate:

(1) age;

(2) severity of illness, disease or infirmities;

(3) comprehensive health evaluation;

(4) institutional behavior;

(5) level of risk for violence;

(6) criminal history; and

(7) alternatives to maintaining the geriatric, [or medical inmates] permanently incapacitated or terminally ill inmate in traditional settings.

F. As used in this section:

(1) "geriatric inmate" means a male or female offender who:

(a) is under sentence to or confined in a prison or other correctional institution under the control of the corrections department;

(b) is sixty-five years of age or older;

(d) does not constitute a danger to [himself] the offender's own self or society;

(2) "permanently incapacitated inmate" means a male or female offender who:

(a) is under sentence to or confined in a prison or other correctional institution under the control of the corrections department;

(b) by reason of an existing medical condition, is permanently and irreversibly physically incapacitated; and

(3) "terminally ill inmate" means a male or female offender who:

(a) is under sentence or confined in a prison or other correctional institution under the control of the corrections department;

(b) has an incurable condition caused by illness or disease that would, within reasonable medical judgment, produce death within six months; and

SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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