SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 192

54th legislature - STATE OF NEW MEXICO - first session, 2019

AN ACT

RELATING TO INCARCERATION; PROVIDING FOR JUDICIAL DISCRETION TO RELEASE AN INDIVIDUAL FROM CUSTODY WHO IS PREGNANT OR LACTATING.

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

     SECTION 1. [NEW MATERIAL] RELEASE OF INDIVIDUALS WHO ARE PREGNANT OR LACTATING.--

          A. The court shall consider an individual's pregnancy or lactation status when determining whether the individual is eligible for release or bond and in the computation of good time credit. At the court's discretion, an individual who is due to give birth may be granted release from custody in a jail prior to the presumptive birth date of the child and for up to eighteen months after the birth of the child, or for as long as medically indicated, unless the court makes a finding that the individual's release would present a flight risk or a danger to public safety that outweighs the benefits of release to the individual and the child. A presumption shall be made in favor of release for an individual who is pregnant or lactating. An individual released pursuant to this section shall be placed on the least restrictive conditions of release necessary to ensure return to custody. At the court's discretion, after the period of release, the individual shall serve any remaining portion of the individual's sentence.

          B. As used in this section, "release" means:

                (1) custodial release, which is release under such court-imposed restrictions as to satisfy the court that the person remains in custody while released; and

                (2) noncustodial release, which is release under such conditions that are not considered custodial.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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