0001| HOUSE BILL 212 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| LARRY A. LARRA„AGA | 0005| | 0006| | 0007| | 0008| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO CORRECTIONS; REQUIRING INMATES TO EARN MERITORIOUS | 0012| DEDUCTIONS FROM A TERM OF IMPRISONMENT; AMENDING, REPEALING AND | 0013| ENACTING SECTIONS OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 33-2-34 NMSA 1978 (being Laws 1978, | 0017| Chapter 40, Section 1, as amended) is repealed and a new | 0018| Section 33-2-34 NMSA 1978 is enacted to read: | 0019| "33-2-34. [NEW MATERIAL] ELIGIBILITY FOR EARNED | 0020| MERITORIOUS DEDUCTIONS.-- | 0021| A. An inmate confined in the penitentiary of New | 0022| Mexico or other state correctional facility for committing a | 0023| violent offense is eligible to earn meritorious deductions of | 0024| up to four days per month upon recommendation of the | 0025| classification committee and approval by the warden. | 0001| B. An inmate confined in the penitentiary of New | 0002| Mexico or other state correctional facility for committing a | 0003| nonviolent offense is eligible to earn meritorious deductions | 0004| of up to thirty days per month upon recommendation of the | 0005| classification committee and approval by the warden. | 0006| C. In order to earn meritorious deductions, an | 0007| inmate shall actively participate in a program recommended and | 0008| approved for him by the classification committee. Programs | 0009| include education programs, drug or alcohol treatment programs, | 0010| drug or alcohol counseling programs or corrections industries | 0011| programs. | 0012| D. An inmate is not eligible to earn meritorious | 0013| deductions if he: | 0014| (1) disobeys an order to perform labor, | 0015| pursuant to Section 33-8-4 NMSA 1978; | 0016| (2) is in disciplinary segregation; | 0017| (3) is within his first sixty days of receipt | 0018| by the corrections department; or | 0019| (4) is not actively participating in a program | 0020| recommended and approved for him by the classification | 0021| committee. | 0022| E. The provisions of this section shall not be | 0023| interpreted as providing eligibility to earn meritorious | 0024| deductions to an inmate during the initial thirty years of a | 0025| sentence imposed pursuant to the provisions of: | 0001| (1) Subsection A of Section 30-2-1 NMSA 1978; | 0002| (2) Section 31-18-23 NMSA 1978; or | 0003| (3) Section 31-18-25 NMSA 1978. | 0004| F. The corrections department shall promulgate | 0005| rules and regulations to implement the provisions of this | 0006| section, and the rules and regulations shall be matters of | 0007| public record. A concise summary of the rules and regulations | 0008| shall be provided to every inmate and every inmate shall | 0009| receive a quarterly statement of the meritorious deductions he | 0010| has earned. | 0011| G. A New Mexico inmate confined in a federal or | 0012| out-of-state correctional facility is eligible to earn | 0013| meritorious deductions on the basis of his inmate conduct | 0014| reports furnished by those facilities to the corrections | 0015| department, subject to final approval by the secretary of | 0016| corrections. | 0017| H. An inmate imprisoned in a correctional facility | 0018| in New Mexico that is operated by a private company, pursuant | 0019| to a contract with the corrections department, is eligible to | 0020| earn meritorious deductions in the same manner as an inmate | 0021| imprisoned in a state-run correctional facility. | 0022| I. As used in this section: | 0023| (1) "nonviolent offense" means any felony | 0024| offense other than a violent offense; and | 0025| (2) "violent offense" means: | 0001| (a) second degree murder, as provided in | 0002| Section 30-2-1 NMSA 1978; | 0003| (b) voluntary manslaughter, as provided | 0004| in Section 30-2-3 NMSA 1978; | 0005| (c) assault with intent to commit a | 0006| violent felony, as provided in Section 30-3-3 NMSA 1978; | 0007| (d) criminal sexual penetration, as | 0008| provided in Section 30-9-11 NMSA 1978; and | 0009| (e) robbery, as provided in Section | 0010| 30-16-2 NMSA 1978. | 0011| Section 2. Section 33-2-36 NMSA 1978 (being Laws 1988, | 0012| Chapter 78, Section 6) is amended to read: | 0013| "33-2-36. FORFEITURE OF EARNED MERITORIOUS DEDUCTIONS.- | 0014| | 0015| [Any accrued deductions may be forfeited by the convict] | 0016| A. Meritorious deductions earned by an inmate may | 0017| be forfeited by that inmate for any major conduct violation | 0018| upon the recommendation of the classification committee, | 0019| approval by the warden and final approval by the secretary of | 0020| corrections. | 0021| B. The provisions of this section also apply to | 0022| forfeiture of earned meritorious deductions for an inmate | 0023| imprisoned in a correctional facility in New Mexico operated by | 0024| a private company, pursuant to a contract with the corrections | 0025| department." | 0001| Section 3. Section 33-2-37 NMSA 1978 (being Laws 1988, | 0002| Chapter 78, Section 7) is amended to read: | 0003| "33-2-37. RESTORATION OF FORFEITED MERITORIOUS | 0004| DEDUCTIONS.-- | 0005| A. Meritorious deductions forfeited under Section | 0006| 33-2-36 NMSA 1978 may be restored in whole or in part to [any | 0007| prisoner] an inmate who is exemplary in conduct and work | 0008| performance for a period of not less than six months following | 0009| the date of forfeiture. Meritorious deductions may be | 0010| restored upon recommendation of the classification committee, | 0011| approval by the warden and final approval by the secretary of | 0012| corrections. | 0013| B. The provisions of this section also apply to | 0014| restoration of earned meritorious deductions for an inmate | 0015| imprisoned in a correctional facility in New Mexico operated by | 0016| a private company, pursuant to a contract with the corrections | 0017| department." | 0018| Section 4. Section 33-2-38 NMSA 1978 (being Laws 1889, | 0019| Chapter 76, Section 13, as amended) is amended to read: | 0020| "33-2-38. COMPUTATION OF TERM. [Sec. 54. No convict | 0021| shall] An inmate shall not be discharged from the | 0022| penitentiary of New Mexico or other correctional facility | 0023| until he has [remained] served the full term for which he | 0024| was sentenced. [to] The term shall be computed from and | 0025| [including] include the day on which his sentence took | 0001| effect and [excluding] shall exclude any time the | 0002| [convict] inmate may have been at large by reason of escape | 0003| [therefrom], unless he [may be] is pardoned or otherwise | 0004| released by legal authority. [Provided that nothing in] The | 0005| provisions of this section shall [be so construed as] not | 0006| be interpreted to deprive [any convict] an inmate of any | 0007| reduction of time to which he may be entitled [to under  | 0008| 5070] pursuant to the provisions of Section 33-2-34 NMSA | 0009| 1978." | 0010| Section 5. REPEAL.--Section 33-8-14 NMSA 1978 (being Laws | 0011| 1981, Chapter 127, Section 14) is repealed. | 0012| Section 6. EFFECTIVE DATE.--The effective date of the | 0013| provisions of this act is July 1, 1997. | 0014|  | 0015| |