0001| AN ACT | 0002| RELATING TO CRIMINAL LAW; REQUIRING LIFE IMPRISONMENT FOR PERSONS | 0003| HAVING TWO VIOLENT SEXUAL OFFENSE CONVICTIONS; ESTABLISHING | 0004| SENTENCING PROCEDURES; AMENDING AND ENACTING SECTIONS OF THE | 0005| CRIMINAL SENTENCING ACT; AMENDING A SECTION OF THE PROBATION AND | 0006| PAROLE ACT. | 0007| | 0008| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0009| Section 1. A new section of the Criminal Sentencing Act, Section 31-18-25 NMSA | 0010| 1978, is enacted to read: | 0011| "31-18-25. TWO VIOLENT SEXUAL OFFENSE CONVICTIONS--MANDATORY | 0012| LIFE IMPRISONMENT--EXCEPTION.-- | 0013| A. When a defendant is convicted of a second violent sexual offense, and each | 0014| violent sexual offense conviction is part of a separate transaction or occurrence, and at least the | 0015| second violent sexual offense conviction is in New Mexico, the defendant shall, in addition to | 0016| the punishment imposed for the second violent sexual offense conviction, be punished by a | 0017| sentence of life imprisonment. The life imprisonment sentence shall be subject to parole | 0018| pursuant to the provisions of Section 31-21-10 NMSA 1978. | 0019| B. The sentence of life imprisonment shall be imposed after a sentencing | 0020| hearing, separate from the trial or guilty plea proceeding resulting in the second violent sexual | 0021| offense conviction, pursuant to the provisions of Section | 0022| 31-18-26 NMSA 1978. | 0023| C. For the purposes of this section, a violent sexual offense conviction incurred | 0024| by a defendant before he reaches the age of eighteen shall not count as a violent sexual offense | 0025| conviction. | 0001| D. When a defendant has a felony conviction from another state, the felony | 0002| conviction shall be considered a violent sexual offense for the purposes of the Criminal | 0003| Sentencing Act if the crime would be considered a violent sexual offense in New Mexico. | 0004| E. As used in the Criminal Sentencing Act, "violent sexual offense" means | 0005| criminal sexual penetration in the first or second degree, as provided in Subsection C or D of | 0006| Section 30-9-11 NMSA 1978." | 0007| Section 2. A new section of the Criminal Sentencing Act, Section 31-18-26 NMSA | 0008| 1978, is enacted to read: | 0009| "31-18-26. TWO VIOLENT SEXUAL OFFENSE CONVICTIONS--SENTENCING | 0010| PROCEDURE.-- | 0011| A. The court shall conduct a separate sentencing proceeding to determine any | 0012| controverted question of fact regarding whether the defendant has been convicted of two violent | 0013| sexual offenses. Either party to the sentencing proceeding may demand a jury sentencing | 0014| proceeding. | 0015| B. A jury sentencing proceeding shall be conducted as soon as practicable by the | 0016| original trial judge before the original trial jury. A nonjury sentencing proceeding shall be | 0017| conducted as soon as practicable by the original trial judge. In the case of a plea of guilty, the | 0018| sentencing proceeding shall be conducted as soon as practicable by the original trial judge or by | 0019| the original trial jury, upon demand of the defendant. | 0020| C. In a jury sentencing proceeding, the judge shall give appropriate instructions | 0021| and allow arguments. In a nonjury sentencing proceeding, or upon a plea of guilty when the | 0022| defendant has not demanded a jury, the judge shall allow arguments and determine the verdict." | 0023| Section 3. Section 31-18-23 NMSA 1978 (being Laws 1994, Chapter 24, Section 2) is | 0024| amended to read: | 0025| "31-18-23. THREE VIOLENT FELONY CONVICTIONS--MANDATORY LIFE | 0001| IMPRISONMENT--EXCEPTION.-- | 0002| A. When a defendant is convicted of a third violent felony, and each violent | 0003| felony conviction is part of a separate transaction or occurrence, and at least the third violent | 0004| felony conviction is in New Mexico, the defendant shall, in addition to the sentence imposed for | 0005| the third violent conviction when that sentence does not result in death, be punished by a | 0006| sentence of life imprisonment. The life imprisonment sentence shall be subject to parole | 0007| pursuant to the provisions of Section 31-21-10 NMSA 1978. | 0008| B. The sentence of life imprisonment shall be imposed after a sentencing | 0009| hearing, separate from the trial or guilty plea proceeding resulting in the third violent felony | 0010| conviction, pursuant to the provisions of Section 31-18-24 NMSA 1978. | 0011| C. For the purpose of this section, a violent felony conviction incurred by a | 0012| defendant before he reaches the age of eighteen shall not count as a violent felony conviction. | 0013| D. When a defendant has a felony conviction from another state, the felony | 0014| conviction shall be considered a violent felony for the purposes of the Criminal Sentencing Act | 0015| if that crime would be considered a violent felony in New Mexico. | 0016| E. As used in the Criminal Sentencing Act: | 0017| (1) "great bodily harm" means an injury to the person that creates a high | 0018| probability of death or that causes serious disfigurement or that results in permanent loss or | 0019| impairment of the function of any member or organ of the body; and | 0020| (2) "violent felony" means: | 0021| (a) murder in the first or second degree, as provided in Section | 0022| 30-2-1 NMSA 1978; | 0023| (b) shooting at or from a motor vehicle resulting in great bodily | 0024| harm, as provided in Subsection B of Section 30-3-8 NMSA 1978; | 0025| (c) kidnapping resulting in great bodily harm inflicted upon the | 0001| victim by his captor, as provided in Subsection B of Section 30-4-1 NMSA 1978; and | 0002| (d) criminal sexual penetration, as provided in Subsection C or | 0003| Paragraph (5) or (6) of Subsection D of Section 30-9-11 NMSA 1978; and | 0004| (e) robbery while armed with a deadly weapon resulting in great | 0005| bodily harm as provided in Section 30-16-2 NMSA 1978 and Subsection A of Section 30-1-12 | 0006| NMSA 1978." | 0007| Section 4. Section 31-21-10 NMSA 1978 (being Laws 1980, Chapter 28, Section 1, as | 0008| amended by Laws 1994, Chapter 21, Section 1 and also by Laws 1994, Chapter 24, Section 4) is | 0009| amended to read: | 0010| "31-21-10. PAROLE AUTHORITY AND PROCEDURE.-- | 0011| A. An inmate of an institution who was sentenced to life imprisonment as the | 0012| result of the commission of a capital felony, who was convicted of three violent felonies and | 0013| sentenced pursuant to Sections 31-18-23 and 31-18-24 NMSA 1978 or who was convicted of | 0014| two violent sexual offenses and sentenced pursuant to Sections 31-18-25 and 31-18-26 NMSA | 0015| 1978 becomes eligible for a parole hearing after he has served thirty years of his sentence. | 0016| Before ordering the parole of an inmate sentenced to life imprisonment, the board shall: | 0017| (1) interview the inmate at the institution where he is committed; | 0018| (2) consider all pertinent information concerning the inmate, including: | 0019| (a) the circumstances of the offense; | 0020| (b) mitigating and aggravating circumstances; | 0021| (c) whether a deadly weapon was used in the commission of the | 0022| offense; | 0023| (d) whether the inmate is a habitual offender; | 0024| (e) the reports filed under Section | 0025| 31-21-9 NMSA 1978; and | 0001| (f) the reports of such physical and mental examinations as have | 0002| been made while in prison; | 0003| (3) make a finding that a parole is in the best interest of society and the | 0004| inmate; and | 0005| (4) make a finding that the inmate is able and willing to fulfill the | 0006| obligations of a law-abiding citizen. | 0007| If parole is denied, the inmate sentenced to life imprisonment shall again become entitled | 0008| to a parole hearing at two-year intervals. The board may, on its own motion, reopen any case in | 0009| which a hearing has already been granted and parole denied. | 0010| B. Unless the board finds that it is in the best interest of society and the parolee | 0011| to reduce the period of parole, a person who was convicted of a capital felony shall be required | 0012| to undergo a minimum period of parole of five years. During the period of parole, the person | 0013| shall be under the guidance and supervision of the board. | 0014| C. An inmate who was convicted of a first, second or third degree felony and | 0015| who has served the sentence of imprisonment imposed by the court in a corrections facility | 0016| designated by the corrections department shall be required to undergo a two-year period of | 0017| parole. An inmate who was convicted of a fourth degree felony and who has served the sentence | 0018| of imprisonment imposed by the court in a corrections facility designated by the corrections | 0019| department shall be required to undergo a one-year period of parole. During the period of | 0020| parole, the person shall be under the guidance and supervision of the board. | 0021| D. Every person while on parole shall remain in the legal custody of the | 0022| institution from which he was released, but shall be subject to the orders of the board. The board | 0023| shall furnish to each inmate as a prerequisite to his release under its supervision a written | 0024| statement of the conditions of parole that shall be accepted and agreed to by the inmate as | 0025| evidenced by his signature affixed to a duplicate copy to be retained in the files of the board. | 0001| The board shall also require as a prerequisite to release the submission and approval of a parole | 0002| plan. If an inmate refuses to affix his signature to the written statement of the conditions of his | 0003| parole or does not have an approved parole plan, he shall not be released and shall remain in the | 0004| custody of the corrections facility in which he has served his sentence, excepting parole, until | 0005| such time as the period of parole he was required to serve, less meritorious deductions, if any, | 0006| expires, at which time he shall be released from that facility without parole, or until such time | 0007| that he evidences his acceptance and agreement to the conditions of parole as required or | 0008| receives approval for his parole plan or both. Time served from the date that an inmate refuses | 0009| to accept and agree to the conditions of parole or fails to receive approval for his parole plan | 0010| shall reduce the period, if any, to be served under parole at a later date. If the district court has | 0011| ordered that the inmate make restitution to a victim as provided in Section 31-17-1 NMSA 1978, | 0012| the board shall include restitution as a condition of parole. The board shall also personally | 0013| apprise the inmate of the conditions of parole and his duties relating thereto. | 0014| E. When a person on parole has performed the obligations of his release for the | 0015| period of parole provided in this section, the board shall make a final order of discharge and | 0016| issue him a certificate of discharge. | 0017| F. Pursuant to the provisions of Section 31-18-15 NMSA 1978, the board shall | 0018| require the inmate as a condition of parole: | 0019| (1) to pay the actual costs of his parole services to the adult probation and | 0020| parole division of the corrections department for deposit to the corrections department intensive | 0021| supervision fund not exceeding one thousand twenty dollars ($1,020) annually to be paid in | 0022| monthly installments of not less than fifteen dollars ($15.00) and not more than eighty-five | 0023| dollars ($85.00), subject to modification by the adult probation and parole division on the basis | 0024| of changed financial circumstances; and | 0025| (2) to reimburse a law enforcement agency or local crime stopper | 0001| program for the amount of any reward paid by the agency or program for information leading to | 0002| his arrest, prosecution or conviction. | 0003| G. The provisions of this section shall apply to all inmates except geriatric, | 0004| permanently incapacitated and terminally ill inmates eligible for the medical and geriatric parole | 0005| program as provided by the Parole Board Act." | 0006| Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is | 0007| July 1, 1996. | 0008| |