0001| HOUSE BILL 568
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| R. DAVID PEDERSON
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO CORRECTIONS; REQUIRING INMATES TO EARN MERITORIOUS
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0012| DEDUCTIONS FROM A TERM OF IMPRISONMENT; ENACTING THE
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0013| CORRECTIONS POPULATION CONTROL ACT; ESTABLISHING THE
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0014| CORRECTIONS POPULATION CONTROL COMMISSION; PROVIDING FOR THE
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0015| DUTIES AND AUTHORITY OF THE COMMISSION; PROVIDING MECHANISMS
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0016| FOR ADDRESSING INMATE OVERCROWDING; AMENDING, REPEALING AND
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0017| ENACTING SECTIONS OF THE NMSA 1978.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 33-2-34 NMSA 1978 (being Laws 1978,
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0021| Chapter 40, Section 1, as amended) is repealed and a new
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0022| Section 33-2-34 NMSA 1978 is enacted to read:
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0023| "33-2-34. [NEW MATERIAL] ELIGIBILITY FOR EARNED
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0024| MERITORIOUS DEDUCTIONS.--
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0025| A. An inmate confined in the penitentiary of New
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0001| Mexico or other state correctional facility for committing a
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0002| violent offense is eligible to earn meritorious deductions of
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0003| up to four days per month upon recommendation of the
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0004| classification committee and approval by the warden.
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0005| B. An inmate confined in the penitentiary of New
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0006| Mexico or other state correctional facility for committing a
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0007| nonviolent offense is eligible to earn meritorious deductions
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0008| of up to thirty days per month upon recommendation of the
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0009| classification committee and approval by the warden.
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0010| C. In order to earn meritorious deductions, an
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0011| inmate shall actively participate in a full-time program
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0012| recommended and approved for him by the classification
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0013| committee. The classification committee may recommend and
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0014| approve only education programs, drug or alcohol treatment
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0015| programs, drug or alcohol counseling programs, corrections
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0016| industries programs or productive work activities. A full-time
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0017| program shall include at least twenty-five hours of activity
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0018| per week.
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0019| D. An inmate whose record of conduct shows that he
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0020| has performed exceptionally meritorious service and whose
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0021| record of conduct shows that he has otherwise faithfully
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0022| observed the rules of the institution may be eligible for a
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0023| lump sum meritorious deduction award, not to exceed one year
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0024| per award and not to exceed a total of one year for all lump
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0025| sum meritorious deduction awards awarded in any consecutive
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0001| twelve-month period, which may be deducted from the length of
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0002| the sentence then remaining unserved. Exceptionally
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0003| meritorious service shall include heroic acts of saving life or
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0004| property, but shall not include acts in performance of normal
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0005| work duties or program assignments. The classification com-
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0006|
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0007| mittee and the warden may recommend the number of days to be
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0008| awarded in each case based upon the particular merits, but any
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0009| award shall be determined by the director of adult in-
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0010|
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0011| stitutions. Allowance for exceptionally meritorious service
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0012| shall be in addition to the meritorious deductions provided for
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0013| in Subsections A and B of this section, and in the event two or
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0014| more consecutive sentences are being served, the aggregate of
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0015| the several sentences shall be the basis upon which the
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0016| deduction shall be computed.
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0017| E. The meritorious deductions provided for in
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0018| Subsections A and B of this section shall pertain to both the
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0019| basic sentence to be served and any enhanced term of
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0020| imprisonment pursuant to the provisions of the Criminal
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0021| Sentencing Act. Meritorious deductions of up to ninety days
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0022| per occurrence shall be permanently forfeited upon rec-
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0023|
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0024| ommendation of the classification committee and approval of the
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0025| warden if the inmate does not properly maintain the standard
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0001| upon which the award was based. For those inmates, permanent
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0002| forfeitures in excess of ninety days may be made upon approval
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0003| of the director of adult institutions. No inmate shall forfeit
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0004| more than fifty percent of his meritorious deductions accrued
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0005| during the previous twelve months; and after forfeiture of any
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0006| portion of an inmate's accrued meritorious deductions, the re-
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0007|
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0008| mainder shall vest and shall not be subject to further
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0009| forfeiture.
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0010| F. An inmate is not eligible to earn meritorious
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0011| deductions if he:
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0012| (1) disobeys an order to perform labor,
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0013| pursuant to Section 33-8-4 NMSA 1978;
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0014| (2) is in disciplinary segregation; or
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0015| (3) is not actively participating in a program
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0016| recommended and approved for him by the classification
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0017| committee.
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0018| G. The provisions of this section shall not be
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0019| interpreted as providing eligibility to earn meritorious
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0020| deductions to an inmate during the initial thirty years of a
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0021| sentence imposed pursuant to the provisions of:
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0022| (1) Subsection A of Section 30-2-1 NMSA 1978;
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0023| (2) Section 31-18-23 NMSA 1978; or
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0024| (3) Section 31-18-25 NMSA 1978.
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0025| H. The corrections department shall promulgate
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0001| rules and regulations to implement the provisions of this
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0002| section, and the rules and regulations shall be matters of
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0003| public record. A concise summary of the rules and regulations
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0004| shall be provided to every inmate and every inmate shall
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0005| receive a quarterly statement of the meritorious deductions he
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0006| has earned.
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0007| I. A New Mexico inmate confined in a federal or
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0008| out-of-state correctional facility is eligible to earn
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0009| meritorious deductions in the same manner as an inmate
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0010| imprisoned in a state-run correctional facility on the basis of
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0011| his inmate conduct reports furnished by those facilities to the
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0012| corrections department, subject to approval by the corrections
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0013| department.
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0014| J. An inmate imprisoned in a correctional facility
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0015| that is operated by a public entity or a private company,
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0016| pursuant to a contract with the corrections department, is
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0017| eligible to earn meritorious deductions in the same manner as
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0018| an inmate imprisoned in a state-run correctional facility,
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0019| subject to approval by the corrections department.
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0020| K. As used in this section:
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0021| (1) "great bodily harm" means an injury to the
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0022| person that creates a high probability of death; or that causes
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0023| serious disfigurement; or that results in permanent loss or
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0024| impairment of the function of any member or organ of the body;
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0025| (2) "nonviolent offense" means any felony
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0001| offense other than a violent offense or any misdemeanor
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0002| offense; and
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0003| (3) "violent offense" means:
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0004| (a) second degree murder, as provided in
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0005| Section 30-2-1 NMSA 1978;
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0006| (b) voluntary manslaughter, as provided
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0007| in Section 30-2-3 NMSA 1978;
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0008| (c) assault with intent to commit a
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0009| violent felony, as provided in Section 30-3-3 NMSA 1978, which
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0010| results in great bodily harm;
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0011| (d) criminal sexual penetration, as
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0012| provided in Section 30-9-11 NMSA 1978; and
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0013| (e) robbery, as provided in Section
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0014| 30-16-2 NMSA 1978, which results in great bodily harm."
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0015| Section 2. Section 33-2-36 NMSA 1978 (being Laws 1988,
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0016| Chapter 78, Section 6) is amended to read:
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0017| "33-2-36. FORFEITURE OF EARNED MERITORIOUS DEDUCTIONS.-
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0018|
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0019| [Any accrued deductions may be forfeited by the convict]
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0020| A. Meritorious deductions earned by an inmate may
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0021| be forfeited by that inmate for any major conduct violation
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0022| upon the recommendation of the classification committee,
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0023| approval by the warden and final approval by the secretary of
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0024| corrections.
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0025| B. The provisions of this section also apply to
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0001| forfeiture of earned meritorious deductions for an inmate
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0002| imprisoned in a correctional facility operated by a public
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0003| entity or a private company, pursuant to a contract with the
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0004| corrections department."
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0005| Section 3. Section 33-2-37 NMSA 1978 (being Laws 1988,
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0006| Chapter 78, Section 7) is amended to read:
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0007| "33-2-37. RESTORATION OF FORFEITED MERITORIOUS
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0008| DEDUCTIONS.--
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0009| A. Meritorious deductions forfeited under Section
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0010| 33-2-36 NMSA 1978 may be restored in whole or in part to [any
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prisoner] an inmate who is exemplary in conduct and work
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0012| performance for a period of not less than six months following
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0013| the date of forfeiture. Meritorious deductions may be
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0014| restored upon recommendation of the classification committee,
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0015| approval by the warden and final approval by the secretary of
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0016| corrections.
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0017| B. The provisions of this section also apply to
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0018| restoration of earned meritorious deductions for an inmate
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0019| imprisoned in a correctional facility operated by a public
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0020| entity or a private company, pursuant to a contract with the
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0021| corrections department."
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0022| Section 4. Section 33-2-38 NMSA 1978 (being Laws 1889,
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0023| Chapter 76, Section 13, as amended) is amended to read:
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0024| "33-2-38. COMPUTATION OF TERM. [Sec. 54. No convict
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shall] An inmate shall not be discharged from the
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0001| penitentiary of New Mexico or other correctional facility
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0002| until he has [remained] served the full term for which he
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0003| was sentenced. [to] The term shall be computed from and
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0004| [including] include the day on which his sentence took
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0005| effect and [excluding] shall exclude any time the
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0006| [convict] inmate may have been at large by reason of escape
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0007| [therefrom], unless he [may be] is pardoned or otherwise
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0008| released by legal authority. [Provided that nothing in] The
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0009| provisions of this section shall [be so construed as] not
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0010| be interpreted to deprive [any convict] an inmate of any
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0011| reduction of time to which he may be entitled [to under
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5070] pursuant to the provisions of Section 33-2-34 NMSA
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0013| 1978."
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0014| Section 5. [NEW MATERIAL] SHORT TITLE.--Sections 5
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0015| through 12 of this act may be cited as the "Corrections
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0016| Population Control Act".
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0017| Section 6. [NEW MATERIAL] FINDINGS--PURPOSE.--
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0018| A. The legislature finds that:
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0019| (1) for many years, the state of New Mexico
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0020| has experienced difficulty in managing the size of its inmate
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0021| population. Often, the number of beds has been insufficient to
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0022| accommodate the inmate population committed or detained in
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0023| correctional facilities;
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0024| (2) an overcrowded inmate population was a
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0025| major cause of the disturbance that erupted at the penitentiary
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0001| of New Mexico in 1980. Moreover, problems caused by
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0002| overcrowding remain at the center of the ongoing federal
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0003| litigation involving the corrections department;
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0004| (3) a permanent solution to the overcrowded
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0005| inmate population must be established to ensure that the
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0006| corrections department is able to effectively operate its
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0007| facilities, to mitigate public safety concerns and to reduce
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0008| the likelihood of future litigation;
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0009| (4) although the corrections department is
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0010| responsible for the operation of correctional facilities, it
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0011| cannot resolve the problem of overcrowding by itself. The
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0012| department has no control over the admission of inmates into
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0013| its facilities and has only limited control over the release of
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0014| inmates from its facilities; and
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0015| (5) a permanent solution to the overcrowded
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0016| inmate population requires participation, commitment and
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0017| cooperation by the legislative, judicial and executive branches
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0018| of government and all criminal justice agencies.
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0019| B. The purpose of the Corrections Population
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0020| Control Act is to establish a corrections population control
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0021| commission that shall operate as an autonomous, nonpartisan
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0022| body. The commission shall develop and implement mechanisms to
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0023| prevent the inmate population from exceeding the capacity of
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0024| correctional facilities and shall take appropriate action when
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0025| necessary to effect the reduction of the inmate population.
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0001| Section 7. [NEW MATERIAL] DEFINITIONS.--As used in the
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0002| Corrections Population Control Act:
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0003| A. "commission" means the corrections population
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0004| control commission;
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0005| B. "female prison facility" means any female prison
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0006| facility so designated by the corrections department;
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0007| C. "male prison facilities" means:
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0008| (1) the penitentiary of New Mexico, located in
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0009| Santa Fe;
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0010| (2) the central New Mexico correctional
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0011| facility, located in Los Lunas;
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0012| (3) the Los Lunas correctional facility,
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0013| located in Los Lunas;
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0014| (4) the southern New Mexico correctional
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0015| facility, located in Las Cruces;
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0016| (5) the western New Mexico correctional
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0017| facility, located in Grants;
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0018| (6) the Roswell correctional facility, located
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0019| in Hagerman; and
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0020| (7) any other male prison facilities so
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0021| designated by the corrections department;
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0022| D. "nonviolent offender" means a person convicted
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0023| for a criminal offense that resulted from an act that did not
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0024| involve physical injury, physical violence or great bodily harm
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0025| or a substantial threat or risk of physical injury, physical
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0001| violence or great bodily harm to another person, to be
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0002| determined by the commission. "Nonviolent offender" does not
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0003| include a person convicted pursuant to the provisions of
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0004| Section 31-18-16 or 31-18-16.1 NMSA 1978, Subsection D of 31-
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0005| 18-17 NMSA 1978 or Subsection G of Section 66-8-102 NMSA 1978,
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0006| or a person classified by the corrections department as a
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0007| maximum-security inmate; and
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0008| E. "rated capacity" means the actual general
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0009| population bed space, including only individual cells and areas
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0010| designed for the long-term housing of inmates, available in the
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0011| female prison facility or male prison facilities as certified
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0012| by the secretary of corrections and subject to applicable state
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0013| and federal law.
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0014| Section 8. [NEW MATERIAL] COMMISSION--CREATION--
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0015| MEMBERSHIP.--
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0016| A. There is created the "corrections population
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0017| control commission".
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0018| B. The commission shall be composed of thirteen
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0019| members. Appointed members shall serve at the pleasure of the
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0020| appointing authority. The commission shall consist of the
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0021| following individuals or their designees:
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0022| (1) the secretary of corrections, who shall
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0023| serve as chairman of the commission;
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0024| (2) the president of the district attorneys'
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0025| association;
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0001| (3) the chief public defender;
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0002| (4) the president of the New Mexico criminal
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0003| defense lawyers association;
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0004| (5) the chief of the New Mexico state police;
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0005| (6) the chief justice of the supreme court;
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0006| (7) a district court judge appointed by the
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0007| district court judges' association of New Mexico;
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0008| (8) the chairman of the parole board;
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0009| (9) the secretary of children, youth and
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0010| families; and
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0011| (10) two members each from the house of
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0012| representatives and the senate, representative of the majority
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0013| and minority political parties, to be appointed by the New
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0014| Mexico legislative council.
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0015| C. a majority of the members of the commission
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0016| constitutes a quorum for the transaction of commission
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0017| business.
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0018| D. The members of the commission shall be paid
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0019| pursuant to the provisions of the Per Diem and Mileage Act and
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0020| shall receive no other perquisite, compensation or allowance.
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0021| Section 9. [NEW MATERIAL] COMMISSION--DUTIES--ANNUAL
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0022| REPORT.--
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0023| A. The commission shall study, develop and
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0024| recommend policies and mechanisms designed to manage the growth
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0025| of the inmate population by:
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0001| (1) developing models to accurately forecast
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0002| projected growth in the inmate population;
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0003| (2) providing information concerning impacts
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0004| on the inmate population caused by changes in sentencing
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0005| policies and law enforcement policies;
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0006| (3) reviewing the inmate classification
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0007| system;
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0008| (4) expanding the availability of alternatives
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0009| to incarceration;
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0010| (5) analyzing the need for future construction
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0011| of additional correctional facilities and the location of the
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0012| facilities;
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0013| (6) certifying, on a semiannual basis, that an
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0014| adequate level of programming is offered by the corrections
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0015| department to ensure that all inmates who want to earn
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0016| meritorious deductions have an opportunity to do so;
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0017| (7) if necessary, preparing proposed
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0018| legislation to further implementation of its policy
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0019| recommendations; and
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0020| (8) considering all of its recommendations in
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0021| light of public safety concerns.
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0022| B. The provisions of Subsection A of Section 33-2-
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0023| 34 NMSA 1978 shall take effect upon certification by the
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0024| commission that an adequate level of programming is offered by
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0025| the corrections department to ensure that all inmates who want
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0001| to earn meritorious deductions have an opportunity to do so.
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0002| If the commission fails to certify an adequate level of
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0003| programming, on a semiannual basis, for any reason, the
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0004| provisions of Subsection B of Section 33-2-34 NMSA 1978 will
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0005| apply to all inmates.
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0006| C. The commission shall submit an annual report of
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0007| its activities and legislative proposals to the interim
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0008| legislative committee with jurisdiction over corrections
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0009| issues. The report shall be filed with the interim legislative
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0010| committee no later than November 1 of each year.
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0011| Section 10. [NEW MATERIAL] OVERCROWDING--PRIMARY
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0012| POPULATION CONTROL MECHANISMS--PROCEDURES.--When the inmate
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0013| population of the female prison facility or the male prison
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0014| facilities exceeds ninety-five percent of the rated capacity
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0015| for thirty consecutive days, the secretary of corrections shall
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0016| notify the governor and the commission concerning the potential
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0017| for overcrowding. No later than five days following that
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0018| notification, the commission shall meet to discuss and initiate
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0019| one or more of the following measures as a means to reduce the
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0020| overcrowding:
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0021| A. provide immediate notification to all district
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0022| courts concerning the overcrowding;
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0023| B. increase the number of inmates transferred to
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0024| community corrections programs;
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0025| C. accelerate parole hearings for eligible inmates
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0001| and expedite release of inmates who are granted parole;
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0002| D. temporarily suspend the return of technical
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0003| parole violators to the custody of the corrections department;
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0004| and
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0005| E. authorize the award of emergency release credits
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0006| to nonviolent offenders who are within thirty days of parole or
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0007| release.
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0008| Section 11. [NEW MATERIAL] OVERCROWDING--SECONDARY
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0009| POPULATION CONTROL MECHANISMS--PROCEDURES.--
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0010| A. If, sixty days after the secretary of
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0011| corrections' notification to the governor and commission
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0012| concerning overcrowding, the primary population control
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0013| mechanisms fail to result in a reduction of inmate population
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0014| to ninety-five percent or less of the rated capacity, the
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0015| secretary shall notify the governor and the commission that the
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0016| potential for overcrowding persists. No later than five days
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0017| following that notification, the commission shall meet to
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0018| discuss and initiate one or more of the following measures as a
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0019| means to reduce the overcrowding:
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0020| A. provide immediate notification to all district
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0021| courts regarding the overcrowding; and
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0022| B. authorize the award of emergency release credits
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0023| to nonviolent offenders who are within ninety days of parole or
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0024| release.
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0025| Section 12. [NEW MATERIAL] OVERCROWDING--TERTIARY
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0001| POPULATION CONTROL MECHANISMS--PROCEDURES.--If, one hundred
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0002| twenty days after the secretary of corrections' notification to
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0003| the governor and commission concerning overcrowding, the
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0004| secondary population control mechanisms fail to result in a
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0005| reduction of inmate population to ninety-five percent or less
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0006| of the rated capacity, the secretary shall notify the governor
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0007| and the commission that the potential for overcrowding
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0008| persists. No later than five days following that notification,
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0009| the commission shall meet to discuss and initiate one or more
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0010| of the following measures as a means to reduce the
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0011| overcrowding:
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0012| A. provide immediate notification to all district
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0013| courts regarding the overcrowding; and
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0014| B. authorize the award of emergency release credits
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0015| to nonviolent offenders who are within one hundred eighty days
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0016| of parole or release.
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0017| Section 13. REPEAL.--Section 33-8-14 NMSA 1978 (being
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0018| Laws 1981, Chapter 127, Section 14) is repealed.
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0019| Section 14. APPLICABILITY.--The provisions of Sections
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0020| 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978 apply to
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0021| persons convicted of a criminal offense committed on or after
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0022| July 1, 1997.
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0023| Section 15. EFFECTIVE DATE.--The effective date of the
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0024| provisions of this act is July 1, 1997.
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0025|
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0001| State of New Mexico
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0002| House of Representatives
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0003|
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0004| FORTY-THIRD LEGISLATURE
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0005| FIRST SESSION, 1997
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0006|
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0007|
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0008| February 14, 1997
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0009|
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0010|
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0011| Mr. Speaker:
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0012|
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0013| Your JUDICIARY COMMITTEE, to whom has been referred
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0014|
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0015| HOUSE BILL 568
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS, amended as follows:
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0019|
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0020| 1. On page 1, line 14, after "COMMISSION" insert ";
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0021| ABOLISHING THE CORRECTIONS COMMISSION".
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0022|
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0023| 2. On page 1, line 17, before the period insert "; MAKING
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0024| AN APPROPRIATION; DECLARING AN EMERGENCY".
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0025|
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0001| 3. On page 1, between lines 19 and 20, insert the following
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0002| new sections:
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0003|
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0004| "Section 1. Section 33-1-2 NMSA 1978 (being Laws 1978,
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0005| Chapter 4, Section 1, as amended) is amended to read:
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0006|
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0007| "33-1-2. DEFINITIONS.--As used in the Corrections Act:
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0008|
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0009| A. "division" or "department" means the corrections
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0010| department;
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0011|
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0012| B. "director" or "secretary" means the secretary of
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0013| corrections;
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0014|
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0015| C. "corrections facility" means any facility or
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0016| program controlled or operated by the state or any of its
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0017| agencies or departments and supported wholly or in part by state
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0018| funds for the correctional care of persons, including but not
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0019| limited to:
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0020|
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0021| (1) the "penitentiary of New Mexico", which
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0022| consists of the penitentiary at Santa Fe and other places in the
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0023| state designated by the secretary; and
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0024|
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0025| (2) the state board of probation and parole,
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0001| except to the extent delegated to the parole board by the Parole
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0002| Board Act;
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0003|
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0004| [D. "commission" means the corrections commission;
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and
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E.] D. "warden" or "superintendent" means the
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0008| administrative director of a correctional facility."
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0009|
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0010| Section 2. Section 33-1-4 NMSA 1978 (being Laws 1969,
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0011| Chapter 226, Section 4, as amended) is amended to read:
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0012|
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0013| "33-1-4. CORRECTIONS [DIVISION] DEPARTMENT. [A. There
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is created within the criminal justice department the
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"corrections division".] The [division] department is
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0016| responsible for all matters pertaining to corrections as provided
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0017| in the Corrections Act or other law.
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0018|
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0019| [B. There is created the "corrections commission"
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consisting of seven members appointed by the governor with the
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advice and consent of the senate for staggered terms, one ending
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June 30, 1972 and two ending June 30 of each of the following
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three years. Thereafter, appointments shall be made for terms of
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four years or less in a manner that the terms of one or two
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members expire as the case may be on June 30 each year. Members
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of the commission shall be reimbursed as provided in the Per Diem
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and Mileage Act and shall receive no other compensation,
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perquisite or allowance. Four members of the commission
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constitute a quorum for the transaction of business. Not more
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than four members shall be of the same political party. Four of
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the members shall be persons who have displayed interest in
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juvenile correction and rehabilitation matters and three shall be
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persons who have displayed interest in adult correction and
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rehabilitation matters. Any member who fails to attend any three
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consecutive meetings of the commission without being excused by
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the commission shall be automatically removed.
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C. The commission shall advise the director in the
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management and control of the division.]"".
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0015|
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0016| 4. Renumber the succeeding sections accordingly.
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0017|
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0018| 5. On page 2, line 11, strike "full-time".
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0019|
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0020| 6. On page 2, line 14, after the comma insert "mental
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0021| health programs,".
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0022|
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0023| 7. On page 2, line 15, strike ",corrections" and insert in
|
0024| lieu thereof "or work programs.".
|
0025|
|
0001| 8. On page 2, strike all of lines 16 through 18.
|
0002|
|
0003| 9. On page 4, line 3, after the period insert the
|
0004| following:
|
0005|
|
0006| "Notwithstanding any other provisions of this act, an inmate may
|
0007| forfeit up to one hundred percent of all accrued meritorious
|
0008| deductions if he commits any of the following:
|
0009|
|
0010| (1) an act of actual personal violence, as
|
0011| defined by the corrections department against:
|
0012|
|
0013| (a) another inmate;
|
0014|
|
0015| (b) corrections department personnel;
|
0016|
|
0017| (c) employee of a contractor operating on
|
0018| behalf of the corrections department; or
|
0019|
|
0020| (d) any other person lawfully on the
|
0021| premises of a corrections department facility or other facility
|
0022| where department inmates are housed;
|
0023|
|
0024| (2) one positive drug test while incarcerated;
|
0025|
|
0001| (3) escape; or
|
0002|
|
0003| (4) any felonious act.".
|
0004|
|
0005| 10. On page 4, line 8, strike "or".
|
0006|
|
0007| 11. On page 4, line 11, strike the period and insert in
|
0008| lieu thereof "; or".
|
0009|
|
0010| 12. On page 4, between lines 11 and 12, insert the
|
0011| following new paragraph:
|
0012|
|
0013| "(4) is within the first thirty days' receipt by
|
0014| the corrections department and his record from the county jail
|
0015| reflects that he has committed misconduct in the county jail that
|
0016| in the professional judgment of the corrections department should
|
0017| result in a delay of thirty days to begin earning meritorious
|
0018| deductions.".
|
0019|
|
0020| 13. On page 7, line 3, strike "six" and insert in lieu
|
0021| thereof "twelve".
|
0022|
|
0023| 14. On page 10, strike all of lines 10 through 20 and
|
0024| insert in lieu thereof a new subsection:
|
0025|
|
0001| "D. "nonviolent offender" means:
|
0002|
|
0003| (1) a person not convicted of the following
|
0004| violent offenses:
|
0005|
|
0006| (a) murder in the first degree or murder
|
0007| in the second degree pursuant to the provisions of Section 30-2-1
|
0008| NMSA 1978;
|
0009|
|
0010| (b) aggravated assault, pursuant to the
|
0011| provisions of Section 30-3-2 NMSA 1978;
|
0012|
|
0013| (c) aggravated battery, pursuant to the
|
0014| provisions of Section 30-3-5C NMSA 1978;
|
0015|
|
0016| (d) kidnapping, pursuant to the provisions
|
0017| of Section 30-4-1 NMSA 1978;
|
0018|
|
0019| (e) abuse of a child, pursuant to the
|
0020| provisions of Subsection C of Section 30-6-1 NMSA 1978;
|
0021|
|
0022| (f) criminal sexual penetration, pursuant
|
0023| to the provisions of Section 30-9-11 NMSA 1978;
|
0024|
|
0025| (g) robbery while armed with a deadly
|
0001| weapon, pursuant to the provisions of Section 30-16-2 NMSA 1978;
|
0002|
|
0003| (h) use of a firearm during the commission
|
0004| of a noncapital felony, pursuant to the provisions of Section 31-
|
0005| 18-16 NMSA 1978;
|
0006|
|
0007| (i) intentional injury to a person sixty
|
0008| years of age or older or to a handicapped person during the
|
0009| commission of a noncapital felony, pursuant to the provisions of
|
0010| Section 31-18-16.1 NMSA 1978;
|
0011|
|
0012| (j) commission of three violent felonies,
|
0013| pursuant to the provisions of Sections 31-18-23 and 31-18-24 NMSA
|
0014| 1978; or
|
0015|
|
0016| (k) commission of two violent sex
|
0017| offenses, pursuant to the provisions of Sections 31-18-25 and 31-
|
0018| 18-26 NMSA 1978;
|
0019|
|
0020| (2) a person not convicted of a violent felony,
|
0021| as enumerated in Paragraph (1) of this subsection, in another
|
0022| state, federal jurisdiction or foreign country within the last
|
0023| ten years;
|
0024|
|
0025| (3) a person not serving a sentence of life
|
0001| imprisonment or a single or combined sentence of more than twenty
|
0002| years involving physical injury, physical violence or great
|
0003| bodily harm or a substantial threat or risk of physical injury,
|
0004| physical violence or great bodily harm to another person to be
|
0005| determined by the commission; or
|
0006|
|
0007| (4) a person not classified as a maximum
|
0008| security inmate; and".
|
0009|
|
0010| 15. On pages 11 and 12, strike Subsection B in its entirety
|
0011| and insert in lieu thereof:
|
0012|
|
0013| "B. The commission shall be appointed for two-year
|
0014| terms and shall be composed of:
|
0015|
|
0016| (1) the secretary of corrections, who shall
|
0017| serve as chairman;
|
0018|
|
0019| (2) a representative appointed by the New Mexico
|
0020| supreme court;
|
0021|
|
0022| (3) two representatives appointed by the speaker
|
0023| of the house of representatives, in consultation with the house
|
0024| leadership;
|
0025|
|
0001| (4) two representatives appointed by the
|
0002| president pro tempore of the senate, in consultation with the
|
0003| senate leadership;
|
0004|
|
0005| (5) a representative appointed by the
|
0006| governor.".
|
0007|
|
0008| 16. On page 12, line 13, strike "developing" and insert in
|
0009| lieu thereof "reviewing corrections department".
|
0010|
|
0011| 17. On page 12, line 13, strike "accurately".
|
0012|
|
0013| 18. On page 12, strike lines 18 through 20.
|
0014|
|
0015| 19. Renumber the succeeding paragraphs accordingly.
|
0016|
|
0017| 20. On page 12, line 22, after "facilities" insert a
|
0018| semicolon, strike the remainder of the line, strike all of lines
|
0019| 23 through 25, and on page 13, strike lines 1 and 2.
|
0020|
|
0021| 21. Renumber the succeeding paragraphs accordingly.
|
0022|
|
0023| 22. On page 13, between lines 21 and 22, insert a new
|
0024| subsection:
|
0025|
|
0001| "D. The commission staff support shall be provided by
|
0002| the corrections department.".
|
0003|
|
0004| 23. On pages 13 through 16, strike all of Sections 10
|
0005| through 12 and insert in lieu thereof:
|
0006|
|
0007| "Section 10. [NEW MATERIAL] OVERCROWDING--POPULATION
|
0008| CONTROL MECHANISM--PROCEDURES.--
|
0009|
|
0010| A. When the inmate population of the corrections
|
0011| department facilities, exclusive of the inmate population housed
|
0012| in facilities used to relieve interim overcrowding, exceeds one
|
0013| hundred twelve percent of rated capacity on or before June 30,
|
0014| 1999 or one hundred percent of rated capacity after June 30,
|
0015| 1999, for a period of thirty consecutive days, the following
|
0016| measures shall be taken to reduce capacity:
|
0017|
|
0018| (1) the corrections department shall engage in
|
0019| all lawful and professionally appropriate efforts to reduce the
|
0020| prison population to one hundred twelve percent or one hundred
|
0021| percent of rated capacity as applicable, including in-state and
|
0022| out-of-state prisoner transfers;
|
0023|
|
0024| (2) if prison population is still in excess of
|
0025| one hundred twelve percent or one hundred percent rated capacity
|
0001| as applicable after sixty consecutive days, the secretary of
|
0002| corrections shall notify the commission. Included in the
|
0003| notification shall be a list of prisoners who are within one
|
0004| hundred eighty days of their projected release date;
|
0005|
|
0006| (3) the commission shall convene within ten days
|
0007| to consider the release of prisoners on the list provided by the
|
0008| corrections department. The commission shall also discuss with
|
0009| the corrections department the impact on population of possible
|
0010| changes in the classification system and expanding incarceration
|
0011| alternatives. Victims of those prisoners shall receive
|
0012| appropriate notification that the prisoners may be released
|
0013| before sentence completion. If requested, the commission shall
|
0014| hear testimony or review the written statement of a victim or
|
0015| relative of a victim, as well as any public official who wishes
|
0016| to object to the release of a particular prisoner. For
|
0017| prisoners as to whom an objection is made, the commission shall
|
0018| deliberate on the release of the prisoner individually;
|
0019|
|
0020| (4) for prisoners approved by the commission for
|
0021| release, the commission shall grant emergency release credits in
|
0022| ten-day increments that will be applied to the sentence or
|
0023| sentences being served by the prisoners. The commission shall
|
0024| order release of the appropriate number of prisoners to reduce
|
0025| the prison population to the applicable rated capacity; and
|
0001|
|
0002| (5) notwithstanding any other provisions of this
|
0003| section, no prisoner shall be released:
|
0004|
|
0005| (a) unless the prisoner has a parole plan
|
0006| pursuant to applicable parole board regulations;
|
0007|
|
0008| (b) if the information concerning the
|
0009| prisoner is discovered to be materially inaccurate;
|
0010|
|
0011| (c) if the prisoner commits a crime while
|
0012| incarcerated or receives a disciplinary infraction;
|
0013|
|
0014| (d) if the prisoner fails a drug screening
|
0015| test within ten days of the scheduled release; or
|
0016|
|
0017| (e) if the effect of a prisoner release
|
0018| will result in the loss of federal funds to any agency of the
|
0019| state.
|
0020|
|
0021| B. If a bill is introduced during a legislative
|
0022| session that proposes to create a new criminal offense, proposes
|
0023| the imposition of mandatory sentencing or proposes an increase to
|
0024| an existing sentence, the corrections department shall provide
|
0025| the legislature with:
|
0001|
|
0002| (1) a fiscal impact report for a period five
|
0003| years into the future; and
|
0004|
|
0005| (2) a report regarding the increased number of
|
0006| prison beds that will be needed for a period five years into the
|
0007| future.
|
0008|
|
0009| Section 11. TERMINATION OF AGENCY LIFE--TRANSFER OF
|
0010| FUNCTIONS.--The corrections population control commission is
|
0011| terminated on June 30, 2003. On July 1, the secretary of
|
0012| corrections shall assume the duties and responsibilities of the
|
0013| commission.
|
0014|
|
0015| Section 12. APPROPRIATION.--Ten thousand dollars ($10,000)
|
0016| is appropriated from the general fund to the corrections
|
0017| department for expenditure in fiscal year 1998 to pay the per
|
0018| diem and mileage expenses of the commission.".
|
0019|
|
0020| 24. On page 16, strike lines 4 through 7 and insert in lieu
|
0021| thereof:
|
0022|
|
0023| "Section 14. APPLICABILITY.--The provisions of Section
|
0024| 33-2-34, 33-2-36, 33-2-38 NMSA 1978 apply to persons convicted of
|
0025| a criminal offense committed on or after July 1, 1997. As to
|
0001| persons convicted of a criminal offense committed prior to July
|
0002| 1, 1997, the laws with respect to the vesting of meritorious
|
0003| deductions in effect at the time the offense was committed shall
|
0004| apply.".
|
0005|
|
0006| 25. On page 16, strike lines 8 and 9 and insert in lieu
|
0007| thereof:
|
0008|
|
0009| "Section 15. EMERGENCY.--It is necessary for the public
|
0010| peace, health and safety that this act take effect immediately.".
|
0011|
|
0012| 26. Renumber sections, reletter subsections and renumber
|
0013| paragraphs to correspond with these amendments.,
|
0014|
|
0015| and thence referred to the APPROPRIATIONS AND FINANCE
|
0016| COMMITTEE.
|
0017|
|
0018| Respectfully submitted,
|
0019|
|
0020|
|
0021|
|
0022|
|
0023|
|
0024| Thomas P. Foy, Chairman
|
0025|
|
0001|
|
0002| Adopted Not Adopted
|
0003|
|
0004| (Chief Clerk) (Chief Clerk)
|
0005|
|
0006| Date
|
0007|
|
0008| The roll call vote was 11 For 1 Against
|
0009| Yes: 11
|
0010| No: Mallory
|
0011| Excused: Rios
|
0012| Absent: None
|
0013|
|
0014| .116409.4
|
0015| G:\BILLTEXT\BILLW_97\H0568 State of New Mexico
|
0016| House of Representatives
|
0017|
|
0018| FORTY-THIRD LEGISLATURE
|
0019| FIRST SESSION, 1997
|
0020|
|
0021|
|
0022| February 19, 1997
|
0023|
|
0024|
|
0025| Mr. Speaker:
|
0001|
|
0002| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
|
0003| whom has been referred
|
0004|
|
0005| HOUSE BILL 568, as amended
|
0006|
|
0007| has had it under consideration and reports same with
|
0008| recommendation that it DO PASS, amended as follows:
|
0009|
|
0010|
|
0011| 1. Strike House Judiciary Committee Amendments 2, 15 and
|
0012| 23.
|
0013|
|
0014| 2. On page 1, line 17, before the period insert ";
|
0015| DECLARING AN EMERGENCY".
|
0016|
|
0017| 3. On page 11 and 12, strike Subsection B in its entirety
|
0018| and insert in lieu thereof:
|
0019|
|
0020| "B. The commission shall be appointed for two-year terms
|
0021| and shall be composed of:
|
0022|
|
0023| (1) the secretary of the corrections department, who
|
0024| shall serve as chairman;
|
0025|
|
0001| (2) a member appointed by the New Mexico supreme
|
0002| court;
|
0003|
|
0004| (3) one representative appointed by the speaker of the
|
0005| house of representatives;
|
0006|
|
0007| (4) one senator appointed by the president pro tempore
|
0008| of the senate;
|
0009|
|
0010| (5) one representative and one senator appointed by
|
0011| the minority leader of the house of representatives and the
|
0012| senate, respectively;
|
0013|
|
0014| (6) one member appointed by the governor."
|
0015|
|
0016| 4. On pages 13 through 16, strike all of Sections 10
|
0017| through 12 and insert in lieu thereof:
|
0018|
|
0019| "Section 10. [NEW MATERIAL] OVERCROWDING--POPULATION
|
0020| CONTROL MECHANISM--PROCEDURES.--
|
0021|
|
0022| A. When the inmate population of the corrections
|
0023| department facilities, exclusive of the inmate population housed
|
0024| in facilities used to relieve interim overcrowding, exceeds one
|
0025| hundred twelve percent of rated capacity on or before June 30,
|
0001| 1999 or one hundred percent of rated capacity after June 30,
|
0002| 1999, for a period of thirty consecutive days, the following
|
0003| measures shall be taken to reduce capacity:
|
0004|
|
0005| (1) the corrections department shall engage in
|
0006| all lawful and professionally appropriate efforts to reduce the
|
0007| prison population to one hundred twelve percent or one hundred
|
0008| percent of rated capacity as applicable, including in-state and
|
0009| out-of-state prisoner transfers;
|
0010|
|
0011| (2) if prison population is still in excess of
|
0012| one hundred twelve percent or one hundred percent rated capacity
|
0013| as applicable after sixty consecutive days, the secretary of
|
0014| corrections shall notify the commission. Included in the
|
0015| notification shall be a list of prisoners who are within one
|
0016| hundred eighty days of their projected release date;
|
0017|
|
0018| (3) the commission shall convene within ten days
|
0019| to consider the release of prisoners on the list provided by the
|
0020| corrections department. The commission shall also discuss with
|
0021| the corrections department the impact on population of possible
|
0022| changes in the classification system and expanding incarceration
|
0023| alternatives. Victims of those prisoners shall receive
|
0024| appropriate notification that the prisoners may be released
|
0025| before sentence completion. If requested, the commission shall
|
0001| hear testimony or review the written statement of a victim or
|
0002| relative of a victim, as well as any public official who wishes
|
0003| to object to the release of a particular prisoner. For prisoners
|
0004| as to whom an objection is made, the commission shall deliberate
|
0005| on the release of the prisoner individually;
|
0006|
|
0007| (4) for prisoners approved by the commission for
|
0008| release, the commission shall grant emergency release credits in
|
0009| ten-day increments that will be applied to the sentence or
|
0010| sentences being served by the prisoners. The commission shall
|
0011| order release of the appropriate number of prisoners to reduce
|
0012| the prison population to the applicable rated capacity; and
|
0013|
|
0014| (5) notwithstanding any other provisions of this
|
0015| section, no prisoner shall be released:
|
0016|
|
0017| (a) unless the prisoner has a parole plan
|
0018| pursuant to applicable parole board regulations;
|
0019|
|
0020| (b) if the information concerning the
|
0021| prisoner is discovered to be materially inaccurate;
|
0022|
|
0023| (c) if the prisoner commits a crime while
|
0024| incarcerated or receives a disciplinary infraction;
|
0025|
|
0001| (d) if the prisoner fails a drug screening
|
0002| test within ten days of the scheduled release; or
|
0003|
|
0004| (e) if the effect of a prisoner release
|
0005| will result in the loss of federal funds to any agency of the
|
0006| state.
|
0007|
|
0008| B. If a bill is introduced during a legislative
|
0009| session that proposes to create a new criminal offense, proposes
|
0010| the imposition of mandatory sentencing or proposes an increase to
|
0011| an existing sentence, the corrections department shall provide
|
0012| the legislature with:
|
0013|
|
0014| (1) a fiscal impact report for a period five
|
0015| years into the future; and
|
0016|
|
0017| (2) a report regarding the increased number of
|
0018| prison beds that will be needed for a period five years into the
|
0019| future.
|
0020|
|
0021| Section 11. TERMINATION OF AGENCY LIFE--TRANSFER OF
|
0022| FUNCTIONS.--The corrections population control commission is
|
0023| terminated on June 30, 2003. On July 1, 2003, the secretary of
|
0024| corrections shall assume the duties and responsibilities of the
|
0025| commission.".
|
0001|
|
0002| 5. Renumber sections, reletter subsections and renumber
|
0003| paragraphs to correspond with these amendments.
|
0004|
|
0005| Respectfully submitted,
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| Max Coll, Chairman
|
0012|
|
0013|
|
0014| Adopted Not Adopted
|
0015|
|
0016| (Chief Clerk) (Chief Clerk)
|
0017|
|
0018| Date
|
0019|
|
0020| The roll call vote was 12 For 3 Against
|
0021| Yes: 12
|
0022| No: Saavedra, Townsend, Wallace
|
0023| Excused: Picraux, Watchman
|
0024| Absent: None
|
0025|
|
0001|
|
0002| .117507.1
|
0003| G:\BILLTEXT\BILLW_97\H0568 FORTY-THIRD LEGISLATURE
|
0004| FIRST SESSION
|
0005|
|
0006|
|
0007| February 20, 1997
|
0008|
|
0009|
|
0010| HOUSE FLOOR AMENDMENT number __1___ to HOUSE BILL 568, as amended
|
0011|
|
0012| Amendment sponsored by Representative R. David Pederson.
|
0013|
|
0014|
|
0015| 1. Strike House Judiciary Committee Amendment 14.
|
0016|
|
0017| 2. On page 8, between lines 1 and 2, insert the following new
|
0018| section:
|
0019|
|
0020| Section 5. Section 33-8-2 NMSA 1978 (being Laws 1981, Chapter
|
0021| 127, Section 2, as amended) is amended to read:
|
0022|
|
0023| "33-8-2. DEFINITIONS.--As used in the Corrections Industries Act:
|
0024|
|
0025| A. "commission" means the [corrections commission]
|
0001| secretary of corrections;
|
0002|
|
0003| B. "department" means the corrections department;
|
0004|
|
0005| C. "enterprise" means a manufacturing, agricultural or serv-
|
0006|
|
0007| ice operation or group of closely related operations within the bounds
|
0008| of a facility but does not include standard facility maintenance activ-
|
0009|
|
0010| ities and services;
|
0011|
|
0012| D. "facility" means any place under the jurisdiction of the
|
0013| department at which individuals are confined pursuant to court order;
|
0014|
|
0015| E. "fund" means the corrections industries revolving fund;
|
0016|
|
0017| F. "local public body" means all political subdivisions of
|
0018| the state and their agencies, instrumentalities and institutions sup-
|
0019|
|
0020| ported wholly or in part by funds derived from public taxation; and
|
0021|
|
0022| G. "state agency" means the state or any of its branches,
|
0023| agencies, departments, boards, instrumentalities or institutions sup-
|
0024|
|
0025| ported wholly or in part by funds derived from public taxation."
|
0001|
|
0002| 3. On page 10, strike all of lines 10 through 20 and insert in
|
0003| lieu thereof a new subsection:
|
0004|
|
0005| "D. "nonviolent offender" means:
|
0006|
|
0007| (1) a person not convicted of the following violent
|
0008| offenses:
|
0009|
|
0010| (a) murder in the first degree or murder in the
|
0011| second degree pursuant to the provisions of Section 30-2-1 NMSA 1978;
|
0012|
|
0013| (b) aggravated assault, pursuant to the provisions
|
0014| of Section 30-3-2 NMSA 1978;
|
0015|
|
0016| (c) aggravated battery, pursuant to the provisions
|
0017| of Section 30-3-5 NMSA 1978;
|
0018|
|
0019| (d) kidnapping, pursuant to the provisions of
|
0020| Section 30-4-1 NMSA 1978;
|
0021|
|
0022| (e) abuse of a child, pursuant to the provisions of
|
0023| Subsection C of Section 30-6-1 NMSA 1978;
|
0024|
|
0025| (f) criminal sexual penetration, pursuant to the
|
0001| provisions of Section 30-9-11 NMSA 1978;
|
0002|
|
0003| (g) robbery while armed with a deadly weapon,
|
0004| pursuant to the provisions of Section 30-16-2 NMSA 1978;
|
0005|
|
0006| (h) use of a firearm during the commission of a
|
0007| noncapital felony, pursuant to the provisions of Section 31-18-16 NMSA
|
0008| 1978;
|
0009|
|
0010| (i) intentional injury to a person sixty years of
|
0011| age or older or to a handicapped person during the commission of a
|
0012| noncapital felony, pursuant to the provisions of Section 31-18-16.1
|
0013| NMSA 1978;
|
0014|
|
0015| (j) regarding commission of three violent felonies,
|
0016| pursuant to the provisions of Sections 31-18-23 and 31-18-24 NMSA 1978;
|
0017| or
|
0018|
|
0019| (k) commission of two violent sex offenses, pursuant
|
0020| to the provisions of Sections 31-18-25 and 31-18-26 NMSA 1978;
|
0021|
|
0022| (2) a person not convicted of a violent felony, as
|
0023| enumerated in Paragraph (1) of this subsection, from another state,
|
0024| federal jurisdiction or foreign country within the last ten years;
|
0025|
|
0001| (3) a person not serving a sentence of life imprisonment
|
0002| or a single or combined sentence of more than twenty years involving
|
0003| physical injury, physical violence or great bodily harm or a
|
0004| substantial threat or risk of physical injury, physical violence or
|
0005| great bodily harm to another person to be determined by the commission;
|
0006| or
|
0007|
|
0008| (4) a person not classified as a maximum security
|
0009| inmate;
|
0010|
|
0011| E. "prisoner" refers to non-violent offenders; and".
|
0012|
|
0013| 4. On page 16, between lines 1 and 2, insert the following new
|
0014| section:
|
0015|
|
0016| "Section 13. TEMPORARY PROVISION.--
|
0017|
|
0018| A. Effective immediately, the secretary of corrections shall
|
0019| implement those provisions of the Corrections Population Control Act
|
0020| that provide for the release of nonviolent offender prisoners within
|
0021| one hundred eighty days of projected release. This release
|
0022| authorization shall be implemented by the secretary of corrections
|
0023| without regard to the creation of the corrections population control
|
0024| commission provided for in the Corrections Population Control Act and
|
0025| without regard to the procedural time frames provided for in that act.
|
0001|
|
0002|
|
0003| B. The provisions of this section shall remain in effect
|
0004| until July 1, 1997.".
|
0005|
|
0006| 5. Renumber sections, reletter subsections and renumber
|
0007| paragraphs to correspond with these amendments.
|
0008|
|
0009|
|
0010|
|
0011| ___________________________
|
0012| Raymond G. Sanchez
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0013|
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0014|
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0015|
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0016| Adopted ___________________ Not Adopted ___________________________
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019|
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0020| Date ________________
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