0001| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| SENATE BILL 603 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO CORRECTIONS; REQUIRING INMATES TO EARN MERITORIOUS | 0013| DEDUCTIONS FROM A TERM OF IMPRISONMENT; ENACTING THE | 0014| CORRECTIONS POPULATION CONTROL ACT; ESTABLISHING THE | 0015| CORRECTIONS POPULATION CONTROL COMMISSION; PROVIDING FOR THE | 0016| DUTIES AND AUTHORITY OF THE CORRECTIONS POPULATION CONTROL | 0017| COMMISSION; PROVIDING MECHANISMS FOR ADDRESSING INMATE | 0018| OVERCROWDING; AMENDING, REPEALING AND ENACTING SECTIONS OF THE | 0019| NMSA 1978; DECLARING AN EMERGENCY. | 0020| | 0021| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0022| Section 1. Section 33-1-2 NMSA 1978 (being Laws 1978, | 0023| Chapter 4, Section 1, as amended) is amended to read: | 0024| "33-1-2. DEFINITIONS.--As used in the Corrections Act: | 0025| A. "division" or "department" means the corrections | 0001| department; | 0002| B. "director" or "secretary" means the secretary of | 0003| corrections; | 0004| C. "corrections facility" means any facility or | 0005| program controlled or operated by the state or any of its | 0006| agencies or departments and supported wholly or in part by | 0007| state funds for the correctional care of persons, including but | 0008| not limited to: | 0009| (1) the "penitentiary of New Mexico", which | 0010| consists of the penitentiary at Santa Fe and other places in | 0011| the state designated by the secretary; and | 0012| (2) the state board of probation and parole, | 0013| except to the extent delegated to the parole board by the | 0014| Parole Board Act; and | 0015| [D. "commission" means the corrections commission; | 0016| and | 0017| E.] D. "warden" or "superintendent" means the | 0018| administrative director of a correctional facility." | 0019| Section 2. Section 33-1-4 NMSA 1978 (being Laws 1969, | 0020| Chapter 226, Section 4, as amended) is amended to read: | 0021| "33-1-4. CORRECTIONS [DIVISION] DEPARTMENT.--[A. There | 0022| is created within the criminal justice department the | 0023| "corrections division".] The [division] department is | 0024| responsible for all matters pertaining to corrections as | 0025| provided in the Corrections Act or other law. | 0001| [B. There is created the "corrections commission" | 0002| consisting of seven members appointed by the governor with the | 0003| advice and consent of the senate for staggered terms, one | 0004| ending June 30, 1972 and two ending June 30 of each of the | 0005| following three years. Thereafter, appointments shall be made for | 0006| terms of four years or less in a manner that the terms of one or | 0007| two members expire as the case may be on June 30 each year. | 0008| Members of the commission shall be reimbursed as provided in the | 0009| Per Diem and Mileage Act and shall receive no other compensation, | 0010| perquisite or allowance. Four members of the commission | 0011| constitute a quorum for the transaction of business. Not more | 0012| than four members shall be of the same political party. Four of | 0013| the members shall be persons who have displayed interest in | 0014| juvenile correction and rehabilitation matters and three shall be | 0015| persons who have displayed interest in adult correction and | 0016| rehabilitation matters. Any member who fails to attend any three | 0017| consecutive meetings of the commission without being excused by | 0018| the commission shall be automatically removed. | 0019| C. The commission shall advise the director in the | 0020| management and control of the division.]" | 0021| Section 3. Section 33-2-34 NMSA 1978 (being Laws 1978, | 0022| Chapter 40, Section 1, as amended) is repealed and a new Section | 0023| 33-2-34 NMSA 1978 is enacted to read: | 0024| "33-2-34. [NEW MATERIAL] ELIGIBILITY FOR EARNED | 0025| MERITORIOUS DEDUCTIONS.-- | 0001| A. An inmate confined in the penitentiary of New | 0002| Mexico or other state correctional facility for committing a | 0003| violent offense is eligible to earn meritorious deductions of up | 0004| to four days per month upon recommendation of the classification | 0005| committee and approval by the warden. | 0006| B. An inmate confined in the penitentiary of New | 0007| Mexico or other state correctional facility for committing a | 0008| nonviolent offense is eligible to earn meritorious deductions of | 0009| up to thirty days per month upon recommendation of the | 0010| classification committee and approval by the warden. | 0011| C. In order to earn meritorious deductions, an inmate | 0012| shall actively participate in a program recommended and approved | 0013| for him by the classification committee. The classification | 0014| committee may recommend and approve only education programs, | 0015| mental health programs, drug or alcohol treatment programs, drug | 0016| or alcohol counseling 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 | 0020| of the institution may be eligible for a lump sum meritorious | 0021| deduction award, not to exceed one year per award and not to | 0022| exceed a total of one year for all lump sum meritorious deduction | 0023| awards awarded in any consecutive twelve-month period, which may | 0024| be deducted from the length of the sentence then remaining | 0025| unserved. Exceptionally meritorious service shall include heroic | 0001| acts of saving life or property, but shall not include acts in | 0002| performance of normal work duties or program assignments. The | 0003| classification committee and the warden may recommend the number | 0004| of days to be awarded in each case based upon the particular | 0005| merits, but any award shall be determined by the director of adult | 0006| institutions. Allowance for exceptionally meritorious service | 0007| shall be in addition to the meritorious deductions provided for in | 0008| Subsections A and B of this section, and in the event two or more | 0009| consecutive sentences are being served, the aggregate of the sev- | 0010| | 0011| eral sentences shall be the basis upon which the deduction shall | 0012| be computed. | 0013| E. The meritorious deductions provided for in | 0014| Subsections A and B of this section shall pertain to both the | 0015| basic sentence to be served and any enhanced term of imprisonment | 0016| pursuant to the provisions of the Criminal Sentencing Act. | 0017| Meritorious deductions of up to ninety days per occurrence shall | 0018| be permanently forfeited upon recommendation of the classification | 0019| committee and approval of the warden if the inmate does not | 0020| properly maintain the standard upon which the award was based. | 0021| For those inmates, permanent forfeitures in excess of ninety days | 0022| may be made upon approval of the director of adult institutions. | 0023| No inmate shall forfeit more than fifty percent of his meritorious | 0024| deductions accrued during the previous twelve months; and after | 0025| forfeiture of any portion of an inmate's accrued meritorious | 0001| deductions, the remainder shall vest and shall not be subject to | 0002| further forfeiture. Notwithstanding any other provisions of this | 0003| act, an inmate may forfeit up to one hundred percent of all | 0004| accrued meritorious deductions if he commits any of the following: | 0005| (1) an act of actual personal violence, as | 0006| defined by the corrections department against: | 0007| (a) another inmate; | 0008| (b) corrections department personnel; | 0009| (c) an employee of a contractor operating | 0010| on behalf of the corrections department; or | 0011| (d) any other person lawfully on the | 0012| premises of a corrections department facility or other facility | 0013| where department inmates are housed; | 0014| (2) one positive drug test while incarcerated; | 0015| (3) escape; or | 0016| (4) any felonious act. | 0017| F. An inmate is not eligible to earn meritorious | 0018| deductions if he: | 0019| (1) disobeys an order to perform labor, pursuant | 0020| to Section 33-8-4 NMSA 1978; | 0021| (2) is in disciplinary segregation; | 0022| (3) is not actively participating in a program | 0023| recommended and approved for him by the classification committee; | 0024| or | 0025| (4) is within the first thirty days' receipt by | 0001| the corrections department and his record from the county jail | 0002| reflects that he has committed misconduct in the county jail that | 0003| in the professional judgment of the corrections department should | 0004| result in a delay of thirty days to begin earning meritorious | 0005| deductions. | 0006| G. The provisions of this section shall not be | 0007| interpreted as providing eligibility to earn meritorious | 0008| deductions to an inmate during the initial thirty years of a | 0009| sentence imposed pursuant to the provisions of: | 0010| (1) Subsection A of Section 30-2-1 NMSA 1978; | 0011| (2) Section 31-18-23 NMSA 1978; or | 0012| (3) Section 31-18-25 NMSA 1978. | 0013| H. The corrections department shall promulgate rules | 0014| and regulations to implement the provisions of this section, and | 0015| the rules and regulations shall be matters of public record. A | 0016| concise summary of the rules and regulations shall be provided to | 0017| every inmate and every inmate shall receive a quarterly statement | 0018| of the meritorious deductions he has earned. | 0019| I. A New Mexico inmate confined in a federal or | 0020| out-of-state correctional facility is eligible to earn meritorious | 0021| deductions in the same manner as an inmate imprisoned in a state- | 0022| run correctional facility on the basis of his inmate conduct | 0023| reports furnished by those facilities to the corrections | 0024| department, subject to approval by the corrections department. | 0025| J. An inmate imprisoned in a correctional facility | 0001| that is operated by a public entity or a private company, pursuant | 0002| to a contract with the corrections department, is eligible to earn | 0003| meritorious deductions in the same manner as an inmate imprisoned | 0004| in a state-run correctional facility, subject to approval by the | 0005| corrections department. | 0006| K. As used in this section: | 0007| (1) "great bodily harm" means an injury to the | 0008| person that creates a high probability of death; or that causes | 0009| serious disfigurement; or that results in permanent loss or | 0010| impairment of the function of any member or organ of the body; | 0011| (2) "nonviolent offense" means any felony | 0012| offense other than a violent offense or any misdemeanor offense; | 0013| and | 0014| (3) "violent offense" means: | 0015| (a) second degree murder, as provided in | 0016| Section 30-2-1 NMSA 1978; | 0017| (b) voluntary manslaughter, as provided in | 0018| Section 30-2-3 NMSA 1978; | 0019| (c) assault with intent to commit a violent | 0020| felony, as provided in Section 30-3-3 NMSA 1978, which results in | 0021| great bodily harm; | 0022| (d) criminal sexual penetration, as | 0023| provided in Section 30-9-11 NMSA 1978; and | 0024| (e) robbery, as provided in Section | 0025| 30-16-2 NMSA 1978, which results in great bodily harm." | 0001| Section 4. Section 33-2-36 NMSA 1978 (being Laws 1988, | 0002| Chapter 78, Section 6) is amended to read: | 0003| "33-2-36. FORFEITURE OF EARNED MERITORIOUS DEDUCTIONS.-- | 0004| [Any accrued deductions may be forfeited by the convict] | 0005| A. Meritorious deductions earned by an inmate may be | 0006| forfeited by that inmate for any major conduct violation upon the | 0007| recommendation of the classification committee, approval by the | 0008| warden and final approval by the secretary of corrections. | 0009| B. The provisions of this section also apply to | 0010| forfeiture of earned meritorious deductions for an inmate | 0011| imprisoned in a correctional facility operated by a public entity | 0012| or a private company, pursuant to a contract with the corrections | 0013| department." | 0014| Section 5. Section 33-2-37 NMSA 1978 (being Laws 1988, | 0015| Chapter 78, Section 7) is amended to read: | 0016| "33-2-37. RESTORATION OF FORFEITED MERITORIOUS DEDUCTIONS.- | 0017| - | 0018| A. Meritorious deductions forfeited under Section | 0019| 33-2-36 NMSA 1978 may be restored in whole or in part to [any | 0020| prisoner] an inmate who is exemplary in conduct and work | 0021| performance for a period of not less than six months following the | 0022| date of forfeiture. Meritorious deductions may be restored upon | 0023| recommendation of the classification committee, approval by the | 0024| warden and final approval by the secretary of corrections. | 0025| B. The provisions of this section also apply to | 0001| restoration of earned meritorious deductions for an inmate | 0002| imprisoned in a correctional facility operated by a public entity | 0003| or a private company, pursuant to a contract with the corrections | 0004| department." | 0005| Section 6. Section 33-2-38 NMSA 1978 (being Laws 1889, | 0006| Chapter 76, Section 13, as amended) is amended to read: | 0007| "33-2-38. COMPUTATION OF TERM.--[Sec. 54. No convict shall] | 0008| An inmate shall not be discharged from the penitentiary of New | 0009| Mexico or other correctional facility until he has [remained] | 0010| served the full term for which he was sentenced. [to] The term | 0011| shall be computed from and [including] include the day on which | 0012| his sentence took effect and [excluding] shall exclude any time | 0013| the [convict] inmate may have been at large by reason of escape | 0014| [therefrom], unless he [may be] is pardoned or otherwise released | 0015| by legal authority. [Provided that nothing in] The provisions of | 0016| this section shall [be so construed as] not be interpreted to | 0017| deprive [any convict] an inmate of any reduction of time to which | 0018| he may be entitled [to under  5070] pursuant to the provisions of | 0019| Section 33-2-34 NMSA 1978." | 0020| Section 7. Section 33-8-2 NMSA 1978 (being Laws 1981, | 0021| Chapter 127, Section 2, as amended) is amended to read: | 0022| "33-8-2. DEFINITIONS.--As used in the Corrections | 0023| Industries Act: | 0024| A. "commission" means the [corrections commission] | 0025| secretary of corrections; | 0001| B. "department" means the corrections department; | 0002| C. "enterprise" means a manufacturing, agricultural or | 0003| service operation or group of closely related operations within | 0004| the bounds of a facility but does not include standard facility | 0005| maintenance activities and services; | 0006| D. "facility" means any place under the jurisdiction | 0007| of the department at which individuals are confined pursuant to | 0008| court order; | 0009| E. "fund" means the corrections industries revolving | 0010| fund; | 0011| F. "local public body" means all political | 0012| subdivisions of the state and their agencies, instrumentalities | 0013| and institutions supported wholly or in part by funds derived from | 0014| public taxation; and | 0015| G. "state agency" means the state or any of its | 0016| branches, agencies, departments, boards, instrumentalities or | 0017| institutions supported wholly or in part by funds derived from | 0018| public taxation." | 0019| Section 8. [NEW MATERIAL] SHORT TITLE.--Sections 8 through | 0020| 14 of this act may be cited as the "Corrections Population Control | 0021| Act". | 0022| Section 9. [NEW MATERIAL] FINDINGS--PURPOSE.-- | 0023| A. The legislature finds that: | 0024| (1) for many years, the state of New Mexico has | 0025| experienced difficulty in managing the size of its inmate | 0001| population. Often, the number of beds has been insufficient to | 0002| accommodate the inmate population committed or detained in | 0003| correctional facilities; | 0004| (2) an overcrowded inmate population was a major | 0005| cause of the disturbance that erupted at the penitentiary of New | 0006| Mexico in 1980. Moreover, problems caused by overcrowding remain | 0007| at the center of the ongoing federal litigation involving the | 0008| corrections department; | 0009| (3) a permanent solution to the overcrowded | 0010| inmate population must be established to ensure that the | 0011| corrections department is able to effectively operate its | 0012| facilities, to mitigate public safety concerns and to reduce the | 0013| likelihood of future litigation; | 0014| (4) although the corrections department is | 0015| responsible for the operation of correctional facilities, it | 0016| cannot resolve the problem of overcrowding by itself. The | 0017| department has no control over the admission of inmates into its | 0018| facilities and has only limited control over the release of | 0019| inmates from its facilities; and | 0020| (5) a permanent solution to the overcrowded | 0021| inmate population requires participation, commitment and | 0022| cooperation by the legislative, judicial and executive branches of | 0023| government and all criminal justice agencies. | 0024| B. The purpose of the Corrections Population Control | 0025| Act is to establish a corrections population control commission | 0001| that shall operate as an autonomous, nonpartisan body. The | 0002| commission shall develop and implement mechanisms to prevent the | 0003| inmate population from exceeding the rated capacity of | 0004| correctional facilities and shall take appropriate action when | 0005| necessary to effect the reduction of the inmate population. | 0006| Section 10. [NEW MATERIAL] DEFINITIONS.--As used in the | 0007| Corrections Population Control Act: | 0008| A. "commission" means the corrections population | 0009| control commission; | 0010| B. "female prison facility" means any female prison | 0011| facility so designated by the corrections department; | 0012| C. "male prison facilities" means: | 0013| (1) the penitentiary of New Mexico, located in | 0014| Santa Fe; | 0015| (2) the central New Mexico correctional | 0016| facility, located in Los Lunas; | 0017| (3) the Los Lunas correctional facility, located | 0018| in Los Lunas; | 0019| (4) the southern New Mexico correctional | 0020| facility, located in Las Cruces; | 0021| (5) the western New Mexico correctional | 0022| facility, located in Grants; | 0023| (6) the Roswell correctional facility, located | 0024| in Hagerman; and | 0025| (7) any other male prison facilities so | 0001| designated by the corrections department; | 0002| D. "nonviolent offender" means: | 0003| (1) a person not convicted of the following | 0004| violent offenses: | 0005| (a) murder in the first degree or murder in | 0006| the second degree pursuant to the provisions of Section 30-2-1 | 0007| NMSA 1978; | 0008| (b) aggravated assault, pursuant to the | 0009| provisions of Section 30-3-2 NMSA 1978; | 0010| (c) aggravated battery, pursuant to the | 0011| provisions of Subsection C of Section 30-3-5 NMSA 1978; | 0012| (d) kidnapping, pursuant to the provisions | 0013| of Section 30-4-1 NMSA 1978; | 0014| (e) abuse of a child, pursuant to the | 0015| provisions of Subsection C of Section 30-6-1 NMSA 1978; | 0016| (f) criminal sexual penetration, pursuant | 0017| to the provisions of Section 30-9-11 NMSA 1978; | 0018| (g) robbery while armed with a deadly | 0019| weapon, pursuant to the provisions of Section 30-16-2 NMSA 1978; | 0020| (h) use of a firearm during the commission | 0021| of a noncapital felony, pursuant to the provisions of Section | 0022| 31-18-16 NMSA 1978; | 0023| (i) intentional injury to a person sixty | 0024| years of age or older or to a handicapped person during the | 0025| commission of a noncapital felony, pursuant to the provisions of | 0001| Section 31-18-16.1 NMSA 1978; | 0002| (j) commission of three violent felonies, | 0003| pursuant to the provisions of Sections 31-18-23 and 31-18-24 NMSA | 0004| 1978; or | 0005| (k) commission of two violent sex offenses, | 0006| pursuant to the provisions of Sections 31-18-25 and 31-18-26 NMSA | 0007| 1978; | 0008| (2) a person not convicted of a violent felony, | 0009| as enumerated in Paragraph (1) of this subsection, from another | 0010| state, federal jurisdiction or foreign country within the last ten | 0011| years; | 0012| (3) a person not serving a sentence of life | 0013| imprisonment or a single or combined sentence of more than twenty | 0014| years involving physical injury, physical violence or great bodily | 0015| harm or a substantial threat or risk of physical injury, physical | 0016| violence or great bodily harm to another person to be determined | 0017| by the commission; or | 0018| (4) a person not classified as a maximum | 0019| security inmate; | 0020| E. "prisoner" refers to nonviolent offenders; and | 0021| F. "rated capacity" means the actual general | 0022| population bed space, including only individual cells and areas | 0023| designed for the long-term housing of inmates, available in the | 0024| female prison facility or male prison facilities as certified by | 0025| the secretary of corrections and subject to applicable state and | 0001| federal law. | 0002| Section 11. [NEW MATERIAL] COMMISSION--CREATION-- | 0003| MEMBERSHIP.-- | 0004| A. There is created the "corrections population | 0005| control commission". | 0006| B. The commission shall be appointed for two-year | 0007| terms and shall be composed of: | 0008| (1) the secretary of the corrections department, | 0009| who shall serve as chairman; | 0010| (2) a member appointed by the New Mexico supreme | 0011| court; | 0012| (3) a member appointed by the speaker of the | 0013| house of representatives; | 0014| (4) a member appointed by the president pro | 0015| tempore of the senate; | 0016| (5) a member appointed by the minority leader of | 0017| the house of representatives; | 0018| (6) a member appointed by the minority leader of | 0019| the senate; and | 0020| (7) a member appointed by the governor. | 0021| C. A majority of the members of the commission | 0022| constitutes a quorum for the transaction of commission business. | 0023| D. The members of the commission shall be paid | 0024| pursuant to the provisions of the Per Diem and Mileage Act and | 0025| shall receive no other perquisite, compensation or allowance. | 0001| Section 12. [NEW MATERIAL] COMMISSION--DUTIES--ANNUAL | 0002| REPORT.-- | 0003| A. The commission shall study, develop and recommend | 0004| policies and mechanisms designed to manage the growth of the | 0005| inmate population by: | 0006| (1) reviewing corrections department models to | 0007| forecast projected growth in the inmate population; | 0008| (2) providing information concerning impacts on | 0009| the inmate population caused by changes in sentencing policies and | 0010| law enforcement policies; | 0011| (3) analyzing the need for future construction | 0012| of additional correctional facilities; | 0013| (4) if necessary, preparing proposed legislation | 0014| to further implementation of its policy recommendations; and | 0015| (5) considering all of its recommendations in | 0016| light of public safety concerns. | 0017| B. The provisions of Subsection A of Section 33-2-34 | 0018| NMSA 1978 shall take effect upon certification by the commission | 0019| that an adequate level of programming is offered by the | 0020| corrections department to ensure that all inmates who want to earn | 0021| meritorious deductions have an opportunity to do so. If the | 0022| commission fails to certify an adequate level of programming, on a | 0023| semiannual basis, for any reason, the provisions of Subsection B | 0024| of Section 33-2-34 NMSA 1978 shall apply to all inmates. | 0025| C. The commission shall submit an annual report of its | 0001| activities and legislative proposals to the interim legislative | 0002| committee with jurisdiction over corrections issues. The report | 0003| shall be filed with the interim legislative committee no later | 0004| than November 1 of each year. | 0005| D. The commission staff support shall be provided by | 0006| the corrections department. | 0007| Section 13. [NEW MATERIAL] OVERCROWDING--POPULATION | 0008| CONTROL MECHANISM--PROCEDURES.-- | 0009| A. When the inmate population of the corrections | 0010| department facilities, exclusive of the inmate population housed | 0011| in facilities used to relieve interim overcrowding, exceeds one | 0012| hundred twelve percent of rated capacity on or before June 30, | 0013| 1999 or one hundred percent of rated capacity after June 30, 1999, | 0014| for a period of thirty consecutive days, the following measures | 0015| shall be taken to reduce capacity: | 0016| (1) the corrections department shall engage in | 0017| all lawful and professionally appropriate efforts to reduce the | 0018| prison population to one hundred twelve percent or one hundred | 0019| percent of rated capacity as applicable, including in-state and | 0020| out-of-state inmate transfers; | 0021| (2) if prison population is still in excess of | 0022| one hundred twelve percent or one hundred percent rated capacity | 0023| as applicable after sixty consecutive days, the secretary of | 0024| corrections shall notify the commission. Included in the | 0025| notification shall be a list of prisoners who are within one | 0001| hundred eighty days of their projected release date; | 0002| (3) the commission shall convene within ten days | 0003| to consider the release of prisoners on the list provided by the | 0004| corrections department. The commission shall also discuss with | 0005| the corrections department the impact on population of possible | 0006| changes in the classification system and expanding incarceration | 0007| alternatives. Victims of those prisoners shall receive | 0008| appropriate notification that the prisoners may be released before | 0009| sentence completion. If requested, the commission shall hear | 0010| testimony or review the written statement of a victim or relative | 0011| of a victim, as well as any public official who wishes to object | 0012| to the release of a particular prisoner. For prisoners as to whom | 0013| an objection is made, the commission shall deliberate on the | 0014| release of the prisoner individually; | 0015| (4) for prisoners approved by the commission for | 0016| release, the commission shall grant emergency release credits in | 0017| ten-day increments that will be applied to the sentence or | 0018| sentences being served by the prisoners. The commission shall | 0019| order release of the appropriate number of prisoners to reduce the | 0020| prison population to the applicable rated capacity; and | 0021| (5) notwithstanding any other provisions of this | 0022| section, no prisoner shall be released: | 0023| (a) unless the prisoner has a parole plan | 0024| pursuant to applicable parole board regulations; | 0025| (b) if the information concerning the | 0001| prisoner is discovered to be materially inaccurate; | 0002| (c) if the prisoner commits a crime while | 0003| incarcerated or receives a disciplinary infraction; | 0004| (d) if the prisoner fails a drug screening | 0005| test within ten days of the scheduled release; or | 0006| (e) if the effect of a prisoner release | 0007| will result in the loss of federal funds to any agency of the | 0008| state. | 0009| B. If a bill is introduced during a legislative | 0010| session that proposes to create a new criminal offense, proposes | 0011| the imposition of mandatory sentencing or proposes an increase to | 0012| an existing sentence, the corrections department shall provide the | 0013| legislature with: | 0014| (1) a fiscal impact report for a period five | 0015| years into the future; and | 0016| (2) a report regarding the increased number of | 0017| prison beds that will be needed for a period five years into the | 0018| future. | 0019| Section 14. [NEW MATERIAL] TERMINATION OF AGENCY LIFE-- | 0020| TRANSFER OF FUNCTIONS.--The corrections population control | 0021| commission is terminated on June 30, 2003. On July 1, 2003, the | 0022| secretary of corrections shall assume the duties and | 0023| responsibilities of the commission. | 0024| Section 15. TEMPORARY PROVISION.-- | 0025| A. Effective immediately, the secretary of corrections | 0001| shall implement those provisions of the Corrections Population | 0002| Control Act that provide for the release of nonviolent offender | 0003| prisoners within one hundred eighty days of projected release. | 0004| This release authorization shall be implemented by the secretary | 0005| of corrections without regard to the creation of the corrections | 0006| population control commission provided for in the Corrections | 0007| Population Control Act and without regard to the procedural time | 0008| frames provided for in that act. | 0009| B. The provisions of this section shall remain in | 0010| effect until July 1, 1997. | 0011| Section 16. REPEAL.--Section 33-8-14 NMSA 1978 (being Laws | 0012| 1981, Chapter 127, Section 14) is repealed. | 0013| Section 17. APPLICABILITY.--The provisions of Sections 3 | 0014| through 6 of this act apply to persons convicted of a criminal | 0015| offense committed on or after July 1, 1997. As to persons | 0016| convicted of a criminal offense committed prior to July 1, 1997, | 0017| the laws with respect to the vesting of meritorious deductions in | 0018| effect at the time the offense was committed shall apply. | 0019| Section 18. EFFECTIVE DATE.--The effective date of the | 0020| provisions of Sections 3 through 6 of this act is July 1, 1997. | 0021| Section 19. EMERGENCY.--It is necessary for the public | 0022| peace, health and safety that this act take effect immediately. | 0023|  |