SENATE BILL 484

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

INTRODUCED BY

Sander Rue and Gail Chasey

FOR THE CRIMINAL JUSTICE REFORM SUBCOMMITTEE

AND THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO CORRECTIONS; REQUIRING THAT A PERSON ASSIGNED TO AN INTENSIVE SUPERVISION PROGRAM ALSO BE ENROLLED IN A BEHAVIORAL HEALTH PROGRAM; REQUIRING THAT EVIDENCE-BASED BEHAVIORAL HEALTH TREATMENT PROGRAMS BE INCORPORATED INTO COMMUNITY CORRECTIONS AND INTENSIVE SUPERVISION PROGRAMS; REQUIRING THE CORRECTIONS DEPARTMENT TO USE A VALIDATED RISK AND NEEDS ASSESSMENT FOR ALL INMATES AND IMPLEMENT EVIDENCE-BASED PRISON PROGRAMMING.

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

     SECTION 1. Section 31-21-13.1 NMSA 1978 (being Laws 1988, Chapter 62, Section 3, as amended) is amended to read:

     "31-21-13.1. INTENSIVE SUPERVISION PROGRAMS.--

          A. As used in this section:

                (1) "cost beneficial" means that the cost savings realized over a reasonable period of time are greater than the costs of implementation;

                (2) "evidence-based program" means a behavioral health treatment program that:

                     (a) incorporates methods demonstrated to be effective for the intended population through scientifically based research, including statistically controlled evaluations or randomized trials;

                     (b) can be implemented with a set of procedures to allow successful replication in New Mexico; and

                     (c) when possible, has been determined to be cost beneficial;

                (3) "intensive supervision programs" means programs that provide highly structured and intense supervision, with stringent reporting requirements, of certain individuals who represent an excessively high assessment of risk of violation of probation or parole, emphasize meaningful rehabilitative activities and reasonable alternatives without seriously increasing the risk of recidivist crime and facilitate the payment of restitution by the offender to the victim. "Intensive supervision programs" [include] includes house arrest programs or electronic surveillance programs or both; and

                (4) "validated risk and needs assessment" means an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior.

          B. The corrections department shall implement and operate intensive supervision programs in various local communities. The programs shall provide services for appropriate individuals by probation and parole officers of the corrections department. The corrections department shall promulgate rules and regulations to provide that the officers providing these services have a maximum caseload of forty offenders and to provide for offender selection and other criteria. The corrections department may cooperate with all recognized law enforcement authorities and share all necessary and pertinent information, records or documents regarding probationers or parolees in order to implement and operate these intensive supervision programs.

          C. The corrections department shall incorporate evidence-based programs as follows:

                (1) by January 1, 2016, twenty percent of intensive supervision program funding shall be spent on evidence-based programs;

                (2) by January 1, 2017, thirty percent of intensive supervision program funding shall be spent on evidence-based programs;

                (3) by January 1, 2018, forty percent of intensive supervision program funding shall be spent on evidence-based programs; and

                (4) by January 1, 2019, fifty percent of intensive supervision program funding shall be spent on evidence-based programs.

          [C.] D. For purposes of this section, a judge contemplating imposition of an intensive supervision program for an individual shall consult with the adult probation and parole division of the corrections department and consider the recommendations before imposing such probation. The adult probation and parole division of the corrections department shall recommend only those individuals who would have otherwise been recommended for incarceration for intensive supervision programs. A judge has discretion to impose an intensive supervision program for an individual, regardless of recommendations made by the adult probation and parole division. Inmates eligible for parole, or within twelve months of eligibility for parole, or inmates who would otherwise remain in a correctional institution for lack of a parole plan or those parolees whose parole the board would otherwise revoke are eligible for intensive supervision programs. The provisions of this section do not limit or reduce the statutory authority vested in probation and parole supervision as defined by any other section of the Probation and Parole Act.

          E. If an intensive supervision program is imposed for an individual, that individual shall be enrolled in an appropriate behavioral health program. The individual's needs shall be assessed through the use of a validated risk and needs assessment. The corrections department shall promulgate rules for the administration of the validated risk and needs assessment.

          [D.] F. There is created in the state treasury the "corrections department intensive supervision fund" to be administered by the corrections department upon vouchers signed by the secretary of corrections. Balances in the corrections department intensive supervision fund shall not revert to the general fund. Beginning July 1, 1988, the intensive supervision programs established pursuant to this section shall be funded by those supervision costs collected pursuant to the provisions of Sections 31-20-6 and 31-21-10 NMSA 1978. The corrections department is specifically authorized to hire additional permanent or term full-time-equivalent positions for the purpose of implementing the provisions of this section."

     SECTION 2. A new section of the Adult Community Corrections Act is enacted to read:

     "[NEW MATERIAL] EVIDENCE-BASED PROGRAMS.--

          A. The department shall incorporate evidence-based programs as follows:

                (1) by January 1, 2016, twenty percent of community corrections program funding shall be spent on evidence-based programs;

                (2) by January 1, 2017, thirty percent of community corrections program funding shall be spent on evidence-based programs;

                (3) by January 1, 2018, forty percent of community corrections program funding shall be spent on evidence-based programs; and

                (4) by January 1, 2019, fifty percent of community corrections program funding shall be spent on evidence-based programs.

          B. As used in this section:

                (1) "cost beneficial" means that the cost savings realized over a reasonable period of time are greater than the costs of implementation; and

                (2) "evidence-based program" means a behavioral health treatment program or practice that:

                     (a) incorporates methods demonstrated to be effective for the intended population through scientifically based research, including statistically controlled evaluations or randomized trials;

                     (b) can be implemented with a set of procedures to allow successful replication in New Mexico; and

                     (c) when possible, has been determined to be cost beneficial."

     SECTION 3. A new section of Chapter 33, Article 2 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] VALIDATED RISK AND NEEDS ASSESSMENT AND EVIDENCE-BASED PROGRAMS.--

          A. Inmates incarcerated in state correctional facilities shall have their needs for prison programming assessed through the use of validated risk and needs assessments. Inmates shall be assigned to programs based on the results of the validated risk and needs assessment. The corrections department shall promulgate rules and regulations for the administration of the validated risk and needs assessment.

          B. The corrections department shall incorporate evidence-based programs into its prison programming as follows:

                (1) by January 1, 2016, twenty percent of inmate program funding shall be spent on evidence-based programs;

                (2) by January 1, 2017, thirty percent of inmate program funding shall be spent on evidence-based programs;

                (3) by January 1, 2018, forty percent of inmate program funding shall be spent on evidence-based programs; and

                (4) by January 1, 2019, fifty percent of inmate program funding shall be spent on evidence-based programs.

          C. As used in this section:

                (1) "cost beneficial" means that the cost savings realized over a reasonable period of time are greater than the costs of implementation;

                (2) "evidence-based program" means a program or practice that:

                     (a) incorporates methods demonstrated to

be effective for the intended population through scientifically based research, including statistically controlled evaluations or randomized trials;

                     (b) can be implemented with a set of procedures to allow successful replication in New Mexico; and

                     (c) when possible, has been determined to be cost beneficial; and

                (3) "validated risk and needs assessment" means an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors, that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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