0001| AN ACT | 0002| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; REQUIRING | 0003| INMATES TO EARN MERITORIOUS DEDUCTIONS FROM A TERM OF IMPRISONMENT; | 0004| ENACTING THE CORRECTIONS POPULATION CONTROL ACT; ESTABLISHING THE | 0005| CORRECTIONS POPULATION CONTROL COMMISSION; PROVIDING FOR THE DUTIES | 0006| AND AUTHORITY OF THE CORRECTIONS POPULATION CONTROL COMMISSION; | 0007| PROVIDING MECHANISMS FOR ADDRESSING INMATE OVERCROWDING; AMENDING, | 0008| REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN | 0009| EMERGENCY. | 0010| | 0011| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0012| Section 1. Section 33-1-2 NMSA 1978 (being Laws 1978, Chapter 4, | 0013| Section 1, as amended) is amended to read: | 0014| "33-1-2. DEFINITIONS.--As used in the Corrections Act: | 0015| A. "division" or "department" means the corrections | 0016| department; | 0017| B. "director" or "secretary" means the secretary of | 0018| corrections; | 0019| C. "corrections facility" means any facility or program | 0020| controlled or operated by the state or any of its agencies or | 0021| departments and supported wholly or in part by state funds for the | 0022| correctional care of persons, including but not limited to: | 0023| (1) the "penitentiary of New Mexico", which consists | 0024| of the penitentiary at Santa Fe and other places in the state | 0025| designated by the secretary; and | 0001| (2) the state board of probation and parole, except | 0002| to the extent delegated to the parole board by the Parole Board Act; | 0003| and | 0004| D. "warden" or "superintendent" means the | 0005| administrative director of a correctional facility." | 0006| Section 2. Section 33-1-4 NMSA 1978 (being Laws 1969, Chapter | 0007| 226, Section 4, as amended) is amended to read: | 0008| "33-1-4. CORRECTIONS DEPARTMENT.--The department is responsible | 0009| for all matters pertaining to corrections as provided in the | 0010| Corrections Act or other law. | 0011| Section 3. Section 33-1-17 NMSA 1978 (being Laws 1985, Chapter | 0012| 149, Section 1, as amended) is amended to read: | 0013| "33-1-17. PRIVATE CONTRACT.-- | 0014| A. The corrections department may contract for the | 0015| operation of any adult female facility or for housing adult female | 0016| inmates in a private facility with a person or entity in the business | 0017| of providing correctional or jail services to government entities. | 0018| B. The corrections department may contract with a person or | 0019| entity in the business of providing correctional or jail services to | 0020| government entities for the construction of a public facility to house | 0021| a special incarceration alternative program for adult male and adult | 0022| female felony offenders. | 0023| C. The corrections department shall solicit proposals and | 0024| award any contract under this section in accordance with the | 0025| provisions of the Procurement Code. The contract shall include such | 0001| terms and conditions as the corrections department may require after | 0002| consultation with the general services department; provided that the | 0003| terms and conditions shall include provisions: | 0004| (1) setting forth comprehensive standards for | 0005| conditions of incarceration; | 0006| (2) that the contractor assumes all liability caused | 0007| by or arising out of all aspects of the provision or operation of the | 0008| facility; | 0009| (3) for liability insurance or other proof of | 0010| financial responsibility acceptable to the general services department | 0011| covering the contractor and its officers, employees and agents in an | 0012| amount sufficient to cover all liability caused by or arising out of | 0013| all aspects of the provision or operation of the facility; | 0014| (4) for termination for cause upon ninety days' | 0015| notice to the contractor for failure to meet contract provisions when | 0016| such failure seriously affects the availability or operation of the | 0017| facility; | 0018| (5) that venue for the enforcement of the contract | 0019| shall be in the district court for Santa Fe county; | 0020| (6) that continuation of the contract is subject to | 0021| the availability of funds; and | 0022| (7) that compliance with the contract shall be | 0023| monitored by the corrections department and the contract may be | 0024| terminated for noncompliance. | 0025| D. When the contractor begins operation of a facility, his | 0001| employees performing the functions of correctional officers shall be | 0002| deemed correctional officers for the purposes of Sections 33-1-10 and | 0003| 33-1-11 NMSA 1978 but for no other purpose of state law, unless | 0004| specifically stated. | 0005| E. Any contract awarded pursuant to this section may | 0006| include terms to provide for the renovation of the facility or for the | 0007| construction of new buildings. Work performed pursuant to such terms | 0008| and conditions shall not be considered a capital project as defined in | 0009| Section 15-3-23.3 NMSA 1978 or a state public works project as defined | 0010| in Section 13-1-91 NMSA 1978 nor shall it be subject to the | 0011| requirements of Section 13-1-150 NMSA 1978 or of the Capital Program | 0012| Act, review by the staff architect of the property control division of | 0013| the general services department pursuant to Section 15-3-20 NMSA 1978 | 0014| or regulation by the director of that division pursuant to Section 15- | 0015| 3-11 NMSA 1978. | 0016| F. Any contract entered into by the corrections department | 0017| with a private contractor to operate an existing facility shall | 0018| include a provision securing the right of all persons employed by that | 0019| facility prior to the effective date of that contract to be employed | 0020| by that contractor in any position for which they qualify before that | 0021| position is offered to any person not employed by that facility prior | 0022| to that date." | 0023| Section 4. Section 33-1-18 NMSA 1978 (being Laws 1990 (1st. | 0024| S.S.), Chapter 5, Section 1, as amended) is amended to read: | 0025| "33-1-18. FUND CREATED.--There is created in the state treasury | 0001| a special fund to be known as the "corrections department building | 0002| fund". The fund shall consist of money appropriated by the | 0003| legislature, from year to year, from the income of the permanent fund | 0004| and land income of which the penitentiary of New Mexico is the | 0005| beneficiary. Income from investment of the fund shall be credited to | 0006| the fund. No other funds of the state shall be deposited or paid into | 0007| the corrections department building fund." | 0008| Section 5. Section 33-1-19 NMSA 1978 (being Laws 1990 (1st. | 0009| S.S.), Chapter 5, Section 2, as amended by Laws 1995, Chapter 43, | 0010| Section 1 and also by Laws 1995, Chapter 215, Section 4) is amended to | 0011| read: | 0012| "33-1-19. USE OF FUND.-- The corrections department building | 0013| fund shall be used by the corrections department solely for the | 0014| purpose of acquiring, by lease or other means, a corrections | 0015| department central office complex, a personnel training academy, a | 0016| special incarceration alternative facility or any combination of | 0017| these facilities. Any balance at the end of any fiscal year in the | 0018| corrections department building fund that is not needed to pay leases, | 0019| loans, bonds or other financing instruments in that fiscal year may be | 0020| appropriated by the legislature for expenditure in succeeding fiscal | 0021| years by the corrections department for corrections purposes." | 0022| Section 6. Section 33-2-34 NMSA 1978 (being Laws 1978, Chapter | 0023| 40, Section 1, as amended) is repealed and a new Section 33-2-34 NMSA | 0024| 1978 is enacted to read: | 0025| "33-2-34. ELIGIBILITY FOR EARNED MERITORIOUS DEDUCTIONS.-- | 0001| A. An inmate confined in the penitentiary of New Mexico or | 0002| other state correctional facility for committing a violent offense is | 0003| eligible to earn meritorious deductions of up to four days per month | 0004| upon recommendation of the classification committee and approval by | 0005| the warden. | 0006| B. An inmate confined in the penitentiary of New Mexico or | 0007| other state correctional facility for committing a nonviolent offense | 0008| is eligible to earn meritorious deductions of up to thirty days per | 0009| month upon recommendation of the classification committee and approval | 0010| by the warden. | 0011| C. In order to earn meritorious deductions, an inmate shall | 0012| actively participate in a program recommended and approved for him by | 0013| the classification committee. The classification committee may | 0014| recommend and approve only education programs, mental health programs, | 0015| drug or alcohol treatment programs, drug or alcohol counseling | 0016| programs, or work programs. | 0017| D. An inmate whose record of conduct shows that he has | 0018| performed exceptionally meritorious service and whose record of | 0019| conduct shows that he has otherwise faithfully observed the rules of | 0020| the institution may be eligible for a lump sum meritorious deduction | 0021| award, not to exceed one year per award and not to exceed a total of | 0022| one year for all lump sum meritorious deduction awards awarded in any | 0023| consecutive twelve-month period, which may be deducted from the length | 0024| of the sentence then remaining unserved. Exceptionally meritorious | 0025| service shall include heroic acts of saving life or property, but | 0001| shall not include acts in performance of normal work duties or program | 0002| assignments. The classification committee and the warden may | 0003| recommend the number of days to be awarded in each case based upon the | 0004| particular merits, but any award shall be determined by the director | 0005| of adult institutions. Allowance for exceptionally meritorious | 0006| service shall be in addition to the meritorious deductions provided | 0007| for in Subsections A and B of this section, and in the event two or | 0008| more consecutive sentences are being served, the aggregate of the | 0009| several sentences shall be the basis upon which the deduction shall be | 0010| computed. | 0011| E. The meritorious deductions provided for in Subsections A | 0012| and B of this section shall pertain to both the basic sentence to be | 0013| served and any enhanced term of imprisonment pursuant to the | 0014| provisions of the Criminal Sentencing Act. Meritorious deductions of | 0015| up to ninety days per occurrence shall be permanently forfeited upon | 0016| recommendation of the classification committee and approval of the | 0017| warden if the inmate does not properly maintain the standard upon | 0018| which the award was based. For those inmates, permanent forfeitures | 0019| in excess of ninety days may be made upon approval of the director of | 0020| adult institutions. No inmate shall forfeit more than fifty percent | 0021| of his meritorious deductions accrued during the previous twelve | 0022| months; and after forfeiture of any portion of an inmate's accrued | 0023| meritorious deductions, the remainder shall vest and shall not be | 0024| subject to further forfeiture. Notwithstanding any other provisions | 0025| of this act, an inmate may forfeit up to one hundred percent of all | 0001| accrued meritorious deductions if he commits any of the following: | 0002| (1) an act of actual personal violence, as defined by | 0003| the corrections department against: | 0004| (a) another inmate; | 0005| (b) corrections department personnel; | 0006| (c) an employee of a contractor operating on | 0007| behalf of the corrections department; or | 0008| (d) any other person lawfully on the premises of | 0009| a corrections department facility or other facility where department | 0010| inmates are housed; | 0011| (2) one positive drug test while incarcerated; | 0012| (3) escape; or | 0013| (4) any felonious act. | 0014| F. An inmate is not eligible to earn meritorious deductions | 0015| if he: | 0016| (1) disobeys an order to perform labor, pursuant to | 0017| Section 33-8-4 NMSA 1978; | 0018| (2) is in disciplinary segregation; | 0019| (3) is not actively participating in a program | 0020| recommended and approved for him by the classification committee; or | 0021| (4) is within the first thirty days' receipt by the | 0022| corrections department and his record from the county jail reflects | 0023| that he has committed misconduct in the county jail that in the | 0024| professional judgment of the corrections department should result in a | 0025| delay of thirty days to begin earning meritorious deductions. | 0001| G. The provisions of this section shall not be interpreted | 0002| as providing eligibility to earn meritorious deductions to an inmate | 0003| during the initial thirty years of a sentence imposed pursuant to the | 0004| provisions of: | 0005| (1) Subsection A of Section 30-2-1 NMSA 1978; | 0006| (2) Section 31-18-23 NMSA 1978; or | 0007| (3) Section 31-18-25 NMSA 1978. | 0008| H. The corrections department shall promulgate rules and | 0009| regulations to implement the provisions of this section, and the rules | 0010| and regulations shall be matters of public record. A concise summary | 0011| of the rules and regulations shall be provided to every inmate and | 0012| every inmate shall receive a quarterly statement of the meritorious | 0013| deductions he has earned. | 0014| I. A New Mexico inmate confined in a federal or | 0015| out-of-state correctional facility is eligible to earn meritorious | 0016| deductions in the same manner as an inmate imprisoned in a state-run | 0017| correctional facility on the basis of his inmate conduct reports | 0018| furnished by those facilities to the corrections department, subject | 0019| to approval by the corrections department. | 0020| J. An inmate imprisoned in a correctional facility that is | 0021| operated by a public entity or a private company, pursuant to a | 0022| contract with the corrections department, is eligible to earn | 0023| meritorious deductions in the same manner as an inmate imprisoned in a | 0024| state-run correctional facility, subject to approval by the | 0025| corrections department. | 0001| K. As used in this section: | 0002| (1) "great bodily harm" means an injury to the person | 0003| that creates a high probability of death; or that causes serious | 0004| disfigurement; or that results in permanent loss or impairment of the | 0005| function of any member or organ of the body; | 0006| (2) "nonviolent offense" means any felony offense | 0007| other than a violent offense or any misdemeanor offense; and | 0008| (3) "violent offense" means: | 0009| (a) second degree murder, as provided in Section | 0010| 30-2-1 NMSA 1978; | 0011| (b) voluntary manslaughter, as provided in | 0012| Section 30-2-3 NMSA 1978; | 0013| (c) assault with intent to commit a violent | 0014| felony, as provided in Section 30-3-3 NMSA 1978, which results in | 0015| great bodily harm; | 0016| (d) criminal sexual penetration, as provided in | 0017| Section 30-9-11 NMSA 1978; and | 0018| (e) robbery, as provided in Section | 0019| 30-16-2 NMSA 1978, which results in great bodily harm." | 0020| Section 7. Section 33-2-36 NMSA 1978 (being Laws 1988, Chapter | 0021| 78, Section 6) is amended to read: | 0022| "33-2-36. FORFEITURE OF EARNED MERITORIOUS DEDUCTIONS.-- | 0023| A. Meritorious deductions earned by an inmate may be forfeited | 0024| by that inmate for any major conduct violation upon the recommendation | 0025| of the classification committee, approval by the warden and final | 0001| approval by the secretary of corrections. | 0002| B. The provisions of this section also apply to forfeiture | 0003| of earned meritorious deductions for an inmate imprisoned in a | 0004| correctional facility operated by a public entity or a private | 0005| company, pursuant to a contract with the corrections department." | 0006| Section 8. Section 33-2-37 NMSA 1978 (being Laws 1988, Chapter | 0007| 78, Section 7) is amended to read: | 0008| "33-2-37. RESTORATION OF FORFEITED MERITORIOUS DEDUCTIONS.-- | 0009| A. Meritorious deductions forfeited under Section 33-2-36 | 0010| NMSA 1978 may be restored in whole or in part to an inmate who is | 0011| exemplary in conduct and work performance for a period of not less | 0012| than six months following the date of forfeiture. Meritorious | 0013| deductions may be restored upon recommendation of the classification | 0014| committee, approval by the warden and final approval by the secretary | 0015| of corrections. | 0016| B. The provisions of this section also apply to restoration | 0017| of earned meritorious deductions for an inmate imprisoned in a | 0018| correctional facility operated by a public entity or a private | 0019| company, pursuant to a contract with the corrections department." | 0020| Section 9. Section 33-2-38 NMSA 1978 (being Laws 1889, Chapter | 0021| 76, Section 13, as amended) is amended to read: | 0022| "33-2-38. COMPUTATION OF TERM.-- An inmate shall not be | 0023| discharged from the penitentiary of New Mexico or other correctional | 0024| facility until he has served the full term for which he was sentenced. | 0025| The term shall be computed from and include the day on which his | 0001| sentence took effect and shall exclude any time the inmate may have | 0002| been at large by reason of escape, unless he is pardoned or otherwise | 0003| released by legal authority. The provisions of this section shall not | 0004| be interpreted to deprive an inmate of any reduction of time to which | 0005| he may be entitled pursuant to the provisions of Section 33-2-34 NMSA | 0006| 1978." | 0007| Section 10. Section 33-8-2 NMSA 1978 (being Laws 1981, Chapter | 0008| 127, Section 2, as amended) is amended to read: | 0009| "33-8-2. DEFINITIONS.--As used in the Corrections Industries | 0010| Act: | 0011| A. "commission" means the secretary of corrections; | 0012| B. "department" means the corrections department; | 0013| C. "enterprise" means a manufacturing, agricultural or | 0014| service operation or group of closely related operations within the | 0015| bounds of a facility but does not include standard facility | 0016| maintenance activities and services; | 0017| D. "facility" means any place under the jurisdiction of the | 0018| department at which individuals are confined pursuant to court order; | 0019| E. "fund" means the corrections industries revolving fund; | 0020| F. "local public body" means all political subdivisions of | 0021| the state and their agencies, instrumentalities and institutions | 0022| supported wholly or in part by funds derived from public taxation; and | 0023| G. "state agency" means the state or any of its branches, | 0024| agencies, departments, boards, instrumentalities or institutions | 0025| supported wholly or in part by funds derived from public taxation." | 0001| Section 11. SHORT TITLE.--Sections 11 through 17 of this act may | 0002| be cited as the "Corrections Population Control Act". | 0003| Section 12. FINDINGS--PURPOSE.-- | 0004| A. The legislature finds that: | 0005| (1) for many years, the state of New Mexico has | 0006| experienced difficulty in managing the size of its inmate population. | 0007| Often, the number of beds has been insufficient to accommodate the | 0008| inmate population committed or detained in correctional facilities; | 0009| (2) an overcrowded inmate population was a major | 0010| cause of the disturbance that erupted at the penitentiary of New | 0011| Mexico in 1980. Moreover, problems caused by overcrowding remain at | 0012| the center of the ongoing federal litigation involving the corrections | 0013| department; | 0014| (3) a permanent solution to the overcrowded inmate | 0015| population must be established to ensure that the corrections | 0016| department is able to effectively operate its facilities, to mitigate | 0017| public safety concerns and to reduce the likelihood of future | 0018| litigation; | 0019| (4) although the corrections department is | 0020| responsible for the operation of correctional facilities, it cannot | 0021| resolve the problem of overcrowding by itself. The department has no | 0022| control over the admission of inmates into its facilities and has only | 0023| limited control over the release of inmates from its facilities; and | 0024| (5) a permanent solution to the overcrowded inmate | 0025| population requires participation, commitment and cooperation by the | 0001| legislative, judicial and executive branches of government and all | 0002| criminal justice agencies. | 0003| B. The purpose of the Corrections Population Control Act is | 0004| to establish a corrections population control commission that shall | 0005| operate as an autonomous, nonpartisan body. The commission shall | 0006| develop and implement mechanisms to prevent the inmate population from | 0007| exceeding the rated capacity of correctional facilities and shall take | 0008| appropriate action when necessary to effect the reduction of the | 0009| inmate population. | 0010| Section 13. DEFINITIONS.--As used in the Corrections Population | 0011| Control Act: | 0012| A. "commission" means the corrections population control | 0013| commission; | 0014| B. "female prison facility" means any female prison | 0015| facility so designated by the corrections department; | 0016| C. "male prison facilities" means: | 0017| (1) the penitentiary of New Mexico, located in Santa | 0018| Fe; | 0019| (2) the central New Mexico correctional facility, | 0020| located in Los Lunas; | 0021| (3) the Los Lunas correctional facility, located in | 0022| Los Lunas; | 0023| (4) the southern New Mexico correctional facility, | 0024| located in Las Cruces; | 0025| (5) the western New Mexico correctional facility, | 0001| located in Grants; | 0002| (6) the Roswell correctional facility, located in | 0003| Hagerman; and | 0004| (7) any other male prison facilities so designated by | 0005| the corrections department; | 0006| D. "nonviolent offender" means: | 0007| (1) a person not convicted of the following violent | 0008| offenses: | 0009| (a) murder in the first degree or murder in the | 0010| second degree pursuant to the provisions of Section 30-2-1 NMSA 1978; | 0011| (b) aggravated assault, pursuant to the | 0012| provisions of Section 30-3-2 NMSA 1978; | 0013| (c) aggravated battery, pursuant to the | 0014| provisions of Subsection C of Section 30-3-5 NMSA 1978; | 0015| (d) kidnapping, pursuant to the provisions of | 0016| Section 30-4-1 NMSA 1978; | 0017| (e) abuse of a child, pursuant to the provisions | 0018| of Subsection C of Section 30-6-1 NMSA 1978; | 0019| (f) criminal sexual penetration, pursuant to the | 0020| provisions of Section 30-9-11 NMSA 1978; | 0021| (g) robbery while armed with a deadly weapon, | 0022| pursuant to the provisions of Section 30-16-2 NMSA 1978; | 0023| (h) use of a firearm during the commission of a | 0024| noncapital felony, pursuant to the provisions of Section 31-18-16 NMSA | 0025| 1978; | 0001| (i) intentional injury to a person sixty years | 0002| of age or older or to a handicapped person during the commission of a | 0003| noncapital felony, pursuant to the provisions of Section 31-18-16.1 | 0004| NMSA 1978; | 0005| (j) commission of three violent felonies, | 0006| pursuant to the provisions of Sections 31-18-23 and 31-18-24 NMSA | 0007| 1978; or | 0008| (k) commission of two violent sex offenses, | 0009| pursuant to the provisions of Sections 31-18-25 and 31-18-26 NMSA | 0010| 1978; | 0011| (2) a person not convicted of a violent felony, as | 0012| enumerated in Paragraph (1) of this subsection, from another state, | 0013| federal jurisdiction or foreign country within the last ten years; | 0014| (3) a person not serving a sentence of life | 0015| imprisonment or a single or combined sentence of more than twenty | 0016| years involving physical injury, physical violence or great bodily | 0017| harm or a substantial threat or risk of physical injury, physical | 0018| violence or great bodily harm to another person to be determined by | 0019| the commission; or | 0020| (4) a person not classified as a maximum security | 0021| inmate; | 0022| E. "prisoner" refers to nonviolent offenders; and | 0023| F. "rated capacity" means the actual general population bed | 0024| space, including only individual cells and areas designed for the | 0025| long-term housing of inmates, available in the female prison facility | 0001| or male prison facilities as certified by the secretary of corrections | 0002| and subject to applicable state and federal law. | 0003| Section 14. COMMISSION--CREATION--MEMBERSHIP.-- | 0004| A. There is created the "corrections population control | 0005| commission". | 0006| B. The commission shall be appointed for two-year terms and | 0007| shall be composed of: | 0008| (1) the secretary of corrections, who shall serve as | 0009| chairman; | 0010| (2) a member appointed by the New Mexico supreme | 0011| court; | 0012| (3) a member appointed by the speaker of the house of | 0013| representatives; | 0014| (4) a member appointed by the president pro tempore | 0015| of the senate; | 0016| (5) a member appointed by the minority leader of the | 0017| house of representatives; | 0018| (6) a member appointed by the minority leader of the | 0019| senate; and | 0020| (7) a member appointed by the governor. | 0021| C. A majority of the members of the commission constitutes | 0022| a quorum for the transaction of commission business. | 0023| D. The members of the commission shall be paid pursuant to | 0024| the provisions of the Per Diem and Mileage Act and shall receive no | 0025| other perquisite, compensation or allowance. | 0001| Section 15. COMMISSION--DUTIES--ANNUAL REPORT.-- | 0002| A. The commission shall study, develop and recommend | 0003| policies and mechanisms designed to manage the growth of the inmate | 0004| population by: | 0005| (1) reviewing corrections department models to | 0006| forecast projected growth in the inmate population; | 0007| (2) providing information concerning impacts on the | 0008| inmate population caused by changes in sentencing policies and law | 0009| enforcement policies; | 0010| (3) analyzing the need for future construction of | 0011| additional correctional facilities; | 0012| (4) if necessary, preparing proposed legislation to | 0013| further implementation of its policy recommendations; and | 0014| (5) considering all of its recommendations in light | 0015| of public safety concerns. | 0016| B. The provisions of Subsection A of Section 33-2-34 NMSA | 0017| 1978 shall take effect upon certification by the commission that an | 0018| adequate level of programming is offered by the corrections department | 0019| to ensure that all inmates who want to earn meritorious deductions | 0020| have an opportunity to do so. If the commission fails to certify an | 0021| adequate level of programming, on a semiannual basis, for any reason, | 0022| the provisions of Subsection B of Section 33-2-34 NMSA 1978 shall | 0023| apply to all inmates. | 0024| C. The commission shall submit an annual report of its | 0025| activities and legislative proposals to the interim legislative | 0001| committee with jurisdiction over corrections issues. The report shall | 0002| be filed with the interim legislative committee no later than November | 0003| 1 of each year. | 0004| D. The commission staff support shall be provided by the | 0005| corrections department. | 0006| Section 16. OVERCROWDING--POPULATION CONTROL MECHANISM-- | 0007| PROCEDURES.-- | 0008| A. When the inmate population of the corrections department | 0009| facilities, exclusive of the inmate population housed in facilities | 0010| used to relieve interim overcrowding, exceeds one hundred twelve | 0011| percent of rated capacity on or before June 30, 1999 or one hundred | 0012| percent of rated capacity after June 30, 1999, for a period of thirty | 0013| consecutive days, the following measures shall be taken to reduce | 0014| capacity: | 0015| (1) the corrections department shall engage in all | 0016| lawful and professionally appropriate efforts to reduce the prison | 0017| population to one hundred twelve percent or one hundred percent of | 0018| rated capacity as applicable, including in-state and out-of-state | 0019| inmate transfers; | 0020| (2) if prison population is still in excess of one | 0021| hundred twelve percent or one hundred percent rated capacity as | 0022| applicable after sixty consecutive days, the secretary of corrections | 0023| shall notify the commission. Included in the notification shall be a | 0024| list of prisoners who are within one hundred eighty days of their | 0025| projected release date; | 0001| (3) the commission shall convene within ten days to | 0002| consider the release of prisoners on the list provided by the | 0003| corrections department. The commission shall also discuss with the | 0004| corrections department the impact on population of possible changes in | 0005| the classification system and expanding incarceration alternatives. | 0006| Victims of those prisoners shall receive appropriate notification that | 0007| the prisoners may be released before sentence completion. If | 0008| requested, the commission shall hear testimony or review the written | 0009| statement of a victim or relative of a victim, as well as any public | 0010| official who wishes to object to the release of a particular prisoner. | 0011| For prisoners as to whom an objection is made, the commission shall | 0012| deliberate on the release of the prisoner individually; | 0013| (4) for prisoners approved by the commission for | 0014| release, the commission shall grant emergency release credits in ten- | 0015| day increments that will be applied to the sentence or sentences being | 0016| served by the prisoners. The commission shall order release of the | 0017| appropriate number of prisoners to reduce the prison population to the | 0018| applicable rated capacity; and | 0019| (5) notwithstanding any other provisions of this | 0020| section, no prisoner shall be released: | 0021| (a) unless the prisoner has a parole plan | 0022| pursuant to applicable parole board regulations; | 0023| (b) if the information concerning the prisoner | 0024| is discovered to be materially inaccurate; | 0025| (c) if the prisoner commits a crime while | 0001| incarcerated or receives a disciplinary infraction; | 0002| (d) if the prisoner fails a drug screening test | 0003| within ten days of the scheduled release; or | 0004| (e) if the effect of a prisoner release will | 0005| result in the loss of federal funds to any agency of the state. | 0006| B. If a bill is introduced during a legislative session | 0007| that proposes to create a new criminal offense, proposes the | 0008| imposition of mandatory sentencing or proposes an increase to an | 0009| existing sentence, the corrections department shall provide the | 0010| legislature with: | 0011| (1) a fiscal impact report for a period five years | 0012| into the future; and | 0013| (2) a report regarding the increased number of prison | 0014| beds that will be needed for a period five years into the future. | 0015| Section 17. TERMINATION OF AGENCY LIFE--TRANSFER OF FUNCTIONS.-- | 0016| The corrections population control commission is terminated on June | 0017| 30, 2003. On July 1, 2003, the secretary of corrections shall assume | 0018| the duties and responsibilities of the commission. | 0019| Section 18. TEMPORARY PROVISION.-- | 0020| A. Effective immediately, the secretary of corrections | 0021| shall implement those provisions of the Corrections Population Control | 0022| Act that provide for the release of nonviolent offender prisoners | 0023| within one hundred eighty days of projected release. This release | 0024| authorization shall be implemented by the secretary of corrections | 0025| without regard to the creation of the corrections population control | 0001| commission provided for in the Corrections Population Control Act and | 0002| without regard to the procedural time frames provided for in that act. | 0003| B. The provisions of this section shall remain in effect | 0004| until July 1, 1997. | 0005| Section 19. REPEAL.--Section 33-8-14 NMSA 1978 (being Laws 1981, | 0006| Chapter 127, Section 14) is repealed. | 0007| Section 20. APPLICABILITY.--The provisions of Sections 6 through | 0008| 9 of this act apply to persons convicted of a criminal offense | 0009| committed on or after July 1, 1997. As to persons convicted of a | 0010| criminal offense committed prior to July 1, 1997, the laws with | 0011| respect to the vesting of meritorious deductions in effect at the time | 0012| the offense was committed shall apply. | 0013| Section 21. EFFECTIVE DATE.--The effective date of the | 0014| provisions of Sections 6 through 9 of this act is July 1, 1997. | 0015| Section 22. EMERGENCY.--It is necessary for the public peace, | 0016| health and safety that this act take effect immediately. | 0017| | 0018| | 0019| | 0020| HTRC/SFC/ | 0021| SB | 0022| 1273 | 0023| Page | 0024|  |