State of New Mexico House of Representatives FORTY-THIRD LEGISLATURE FIRST SESSION, 1997 February 19, 1997 Mr. Speaker: Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom has been referred HOUSE BILL 568, as amended has had it under consideration and reports same with recommendation that it DO PASS, amended as follows: 1. Strike House Judiciary Committee Amendments 2, 15 and 23. 2. On page 1, line 17, before the period insert "; DECLARING AN EMERGENCY". 3. On page 11 and 12, strike Subsection B in its entirety and insert in lieu thereof: "B. The commission shall be appointed for two-year terms and shall be composed of: (1) the secretary of the corrections department, who shall serve as chairman; (2) a member appointed by the New Mexico supreme court; (3) one representative appointed by the speaker of the house of representatives; (4) one senator appointed by the president pro tempore of the senate; (5) one representative and one senator appointed by the minority leader of the house of representatives and the senate, respectively; (6) one member appointed by the governor." 4. On pages 13 through 16, strike all of Sections 10 through 12 and insert in lieu thereof: "Section 10. [NEW MATERIAL] OVERCROWDING--POPULATION CONTROL MECHANISM--PROCEDURES.-- A. When the inmate population of the corrections department facilities, exclusive of the inmate population housed in facilities used to relieve interim overcrowding, exceeds one hundred twelve percent of rated capacity on or before June 30, 1999 or one hundred percent of rated capacity after June 30, 1999, for a period of thirty consecutive days, the following measures shall be taken to reduce capacity: (1) the corrections department shall engage in all lawful and professionally appropriate efforts to reduce the prison population to one hundred twelve percent or one hundred percent of rated capacity as applicable, including in-state and out-of-state prisoner transfers; (2) if prison population is still in excess of one hundred twelve percent or one hundred percent rated capacity as applicable after sixty consecutive days, the secretary of corrections shall notify the commission. Included in the notification shall be a list of prisoners who are within one hundred eighty days of their projected release date; (3) the commission shall convene within ten days to consider the release of prisoners on the list provided by the corrections department. The commission shall also discuss with the corrections department the impact on population of possible changes in the classification system and expanding incarceration alternatives. Victims of those prisoners shall receive appropriate notification that the prisoners may be released before sentence completion. If requested, the commission shall hear testimony or review the written statement of a victim or relative of a victim, as well as any public official who wishes to object to the release of a particular prisoner. For prisoners as to whom an objection is made, the commission shall deliberate on the release of the prisoner individually; (4) for prisoners approved by the commission for release, the commission shall grant emergency release credits in ten-day increments that will be applied to the sentence or sentences being served by the prisoners. The commission shall order release of the appropriate number of prisoners to reduce the prison population to the applicable rated capacity; and (5) notwithstanding any other provisions of this section, no prisoner shall be released: (a) unless the prisoner has a parole plan pursuant to applicable parole board regulations; (b) if the information concerning the prisoner is discovered to be materially inaccurate; (c) if the prisoner commits a crime while incarcerated or receives a disciplinary infraction; (d) if the prisoner fails a drug screening test within ten days of the scheduled release; or (e) if the effect of a prisoner release will result in the loss of federal funds to any agency of the state. B. If a bill is introduced during a legislative session that proposes to create a new criminal offense, proposes the imposition of mandatory sentencing or proposes an increase to an existing sentence, the corrections department shall provide the legislature with: (1) a fiscal impact report for a period five years into the future; and (2) a report regarding the increased number of prison beds that will be needed for a period five years into the future. Section 11. TERMINATION OF AGENCY LIFE--TRANSFER OF FUNCTIONS.--The corrections population control commission is terminated on June 30, 2003. On July 1, 2003, the secretary of corrections shall assume the duties and responsibilities of the commission.". 5. Renumber sections, reletter subsections and renumber paragraphs to correspond with these amendments. Respectfully submitted, Max Coll, Chairman Adopted Not Adopted (Chief Clerk) (Chief Clerk) Date The roll call vote was 12 For 3 Against Yes: 12 No: Saavedra, Townsend, Wallace Excused: Picraux, Watchman Absent: None .117507.1 G:\BILLTEXT\AMEND_97\H0568AF1