0001| HOUSE BILL 310
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| MIMI STEWART
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO COMMUNITY CORRECTIONS; REVISING THE CRITERIA FOR
|
0012| DETERMINING WHICH CRIMINAL OFFENDERS MAY PARTICIPATE IN
|
0013| COMMUNITY CORRECTIONS PROGRAMS; AMENDING A SECTION OF THE ADULT
|
0014| COMMUNITY CORRECTIONS ACT.
|
0015|
|
0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. Section 33-9-7 NMSA 1978 (being Laws 1983,
|
0018| Chapter 202, Section 7, as amended) is amended to read:
|
0019| "33-9-7. STATE SELECTION PANEL.--
|
0020| A. The department shall establish a state panel
|
0021| whose duties shall be to immediately screen and identify
|
0022| criminal offenders sentenced to imprisonment in a correctional
|
0023| facility of the department, except individuals sentenced or
|
0024| transferred from a judicial district [which] that has
|
0025| established a local panel to exercise these duties pursuant to
|
0001| the provisions of Section 33-9-8 NMSA 1978, who meet the
|
0002| following criteria:
|
0003| (1) the offender has not been convicted of a
|
0004| crime involving the use of a firearm;
|
0005| [(1)] (2) the crime involved is one for
|
0006| which community service or reasonable restitution may be made
|
0007| using a payment schedule compatible with the total amount of
|
0008| restitution to be paid and the time the offender is to
|
0009| participate in a program; and
|
0010| [(2)] (3) the offender is willing to enter
|
0011| into a contract [which] that establishes objectives
|
0012| [which] that shall be achieved before release from the
|
0013| program.
|
0014| B. The department may establish criteria in
|
0015| addition to those established in Subsection A of this section
|
0016| for the screening of criminal offenders who would benefit from
|
0017| participation in a program and who would not pose a threat to
|
0018| the community.
|
0019| C. If the state panel determines that a criminal
|
0020| offender is suitable for placement in a program, a
|
0021| recommendation to that effect and for modification of sentence
|
0022| shall be presented as soon as possible to the sentencing judge
|
0023| who may, notwithstanding any provision of law, accept, modify
|
0024| or reject the recommendation. The sentencing judge's
|
0025| determination shall be presented to the county, municipality or
|
0001| private nonprofit organization, as applicable, for approval or
|
0002| rejection. In no event shall the sentencing judge order to be
|
0003| placed into a program any criminal offender whom the state
|
0004| selection panel has not approved."
|
0005| Section 2. EFFECTIVE DATE.--The effective date of the
|
0006| provisions of this act is July 1, 1997.
|
0007|
|
0008| State of New Mexico
|
0009| House of Representatives
|
0010|
|
0011| FORTY-THIRD LEGISLATURE
|
0012| FIRST SESSION, 1997
|
0013|
|
0014|
|
0015| February 12, 1997
|
0016|
|
0017|
|
0018| Mr. Speaker:
|
0019|
|
0020| Your JUDICIARY COMMITTEE, to whom has been referred
|
0021|
|
0022| HOUSE BILL 310
|
0023|
|
0024| has had it under consideration and reports same with
|
0025| recommendation that it DO PASS, amended as follows:
|
0001|
|
0002| 1. On page 2, line 3, strike the word "not" and insert in
|
0003| lieu thereof the word "never".
|
0004|
|
0005| 2. On page 2, line 4, strike the word "crime" and insert
|
0006| in lieu thereof the word "felony".
|
0007|
|
0008| Respectfully submitted,
|
0009|
|
0010|
|
0011|
|
0012|
|
0013|
|
0014| Thomas P. Foy, Chairman
|
0015|
|
0016|
|
0017| Adopted Not Adopted
|
0018|
|
0019| (Chief Clerk) (Chief Clerk)
|
0020|
|
0021| Date
|
0022|
|
0023| The roll call vote was 9 For 0 Against
|
0024| Yes: 9
|
0025| Excused: King, Mallory, Rios, Sanchez
|
0001| Absent: None
|
0002|
|
0003|
|
0004|
|
0005| G:\BILLTEXT\BILLW_97\H0310
|