0001|                           SENATE BILL 617
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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|                              ROD ADAIR
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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 CRIMES; PROVIDING FOR PUNISHMENT OF OFFENDERS
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0012|     CONVICTED OF CERTAIN CHILD SEXUAL ABUSE OFFENSES.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  A new section of Chapter 31, Article 18 NMSA
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0016|     1978 is enacted to read: 
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0017|          "[<u>NEW MATERIAL</u>]  SENTENCING OF PERSONS CONVICTED OF
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0018|     CERTAIN CHILD SEXUAL ABUSE OFFENSES--TREATMENT WITH
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0019|     MEDROXYPROGESTERONE ACETATE OR ITS EQUIVALENT.--
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0020|               A.  A person convicted of criminal sexual
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0021|     penetration in the first degree when the victim is a child less
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0022|     than thirteen years old shall, if paroled, undergo
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0023|     medroxyprogesterone acetate treatment or its chemical
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0024|     equivalent, in addition to any other punishment prescribed for
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0025|     that offense.  
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0001|               B.  A person required to undergo treatment pursuant
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0002|     to Subsection A of this section:
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0003|                    (1)  shall be exempt from that treatment if he
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0004|     has undergone or does undergo a permanent surgical alternative
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0005|     to hormonal chemical treatment for sex offenders; and
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0006|                    (2)  shall begin medroxyprogesterone acetate
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0007|     treatment one week prior to his release on parole from the
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0008|     physical custody of the corrections department or another
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0009|     institution and shall remain on the treatment program until
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0010|     released from parole unless before that date the parole board
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0011|     demonstrates to the satisfaction of the court sentencing the
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0012|     person pursuant to this section that the treatment is no longer
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0013|     necessary and the court enters an order to that effect.     
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0014|               C.  The federal centers for disease control and
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0015|     prevention shall administer and implement the protocols
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0016|     required by this section.  These protocols shall include a
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0017|     requirement that the person subject to treatment pursuant to
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0018|     this section shall be informed in writing about the effect of
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0019|     hormonal chemical treatment and any side effects that may
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0020|     result from it.  The person shall provide a receipt in writing
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0021|     indicating that this information has been communicated to the
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0022|     person. 
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0023|               D.  Nothing in the implementation of the protocols
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0024|     developed pursuant to Subsection C of this section shall
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0025|     require a medical doctor employed by the corrections department
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0001|     or the parole board to participate against his will in the
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0002|     program authorized by this section." 
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0003|          Section 2.  Section 31-21-10 NMSA 1978 (being Laws 1980,
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0004|     Chapter 28, Section 1, as amended) is amended to read:
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0005|          "31-21-10.  PAROLE AUTHORITY AND PROCEDURE.--
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0006|               <u>A.  A person in the custody of the corrections
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<u></u>0007| <u>    department or another institution after being sentenced as a
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<u></u>0008| <u>    result of a conviction of committing criminal sexual
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<u></u>0009| <u>    penetration in the first degree when the victim is a child less
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<u></u>0010| <u>    than thirteen years old may be paroled pursuant to the
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<u></u>0011| <u>    applicable provisions of law, but the term of parole shall be
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<u></u>0012| <u>    for the life of the person paroled.</u>
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0013|               <s>[A.]</s> <u>B.  Except as provided in Subsection A of
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<u></u>0014| <u>    this section</u>, an inmate of an institution who was sentenced to
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0015|     life imprisonment as the result of the commission of a capital
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0016|     felony, who was convicted of three violent felonies and
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0017|     sentenced pursuant to Sections 31-18-23 and 31-18-24 NMSA 1978,
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0018|     or who was convicted of two violent sexual offenses and
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0019|     sentenced pursuant to Sections 31-18-25 and 31-18-26 NMSA 1978
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0020|     becomes eligible for a parole hearing after he has served
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0021|     thirty years of his sentence.  Before ordering the parole of an
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0022|     inmate sentenced to life imprisonment, the board shall:
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0023|                    (1)  interview the inmate at the institution
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0024|     where he is committed;
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0025|                    (2)  consider all pertinent information
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0001|     concerning the inmate, including:
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0002|                         (a)  the circumstances of the offense;
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0003|                         (b)  mitigating and aggravating
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0004|     circumstances;
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0005|                         (c)  whether a deadly weapon was used in
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0006|     the commission of the offense;
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0007|                         (d)  whether the inmate is a habitual
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0008|     offender;
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0009|                         (e)  the reports filed under Section
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0010|     31-21-9 NMSA 1978; and
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0011|                         (f)  the reports of such physical and
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0012|     mental examinations as have been made while in prison;
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0013|                    (3)  make a finding that a parole is in the
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0014|     best interest of society and the inmate; and
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0015|                    (4)  make a finding that the inmate is able and
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0016|     willing to fulfill the obligations of a law-abiding citizen.
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0017|          If parole is denied, the inmate sentenced to life
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0018|     imprisonment shall again become entitled to a parole hearing at
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0019|     two-year intervals.  The board may, on its own motion, reopen
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0020|     any case in which a hearing has already been granted and parole
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0021|     denied.
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0022|               <s>[B.]</s> <u>C.  Except as provided in Subsection A of
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<u></u>0023| <u>    this section,</u> unless the board finds that it is in the best
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0024|     interest of society and the parolee to reduce the period of
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0025|     parole, a person who was convicted of a capital felony shall be
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0001|     required to undergo a minimum period of parole of five years. 
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0002|     During the period of parole, the person shall be under the
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0003|     guidance and supervision of the board.
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0004|               <s>[C.]</s> <u>D.  Except as provided in Subsection A of
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<u></u>0005| <u>    this section,</u> an inmate who was convicted of a first, second
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0006|     or third degree felony and who has served the sentence of
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0007|     imprisonment imposed by the court in a corrections facility
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0008|     designated by the corrections department shall be required to
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0009|     undergo a two-year period of parole.  An inmate who was
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0010|     convicted of a fourth degree felony and who has served the
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0011|     sentence of imprisonment imposed by the court in a corrections
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0012|     facility designated by the corrections department shall be
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0013|     required to undergo a one-year period of parole.  During the
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0014|     period of parole, the person shall be under the guidance and
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0015|     supervision of the board.
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0016|               <s>[D.]</s> <u>E.</u>  Every person while on parole shall
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0017|     remain in the legal custody of the institution from which he
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0018|     was released, but shall be subject to the orders of the board. 
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0019|     The board shall furnish to each inmate as a prerequisite to his
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0020|     release under its supervision a written statement of the
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0021|     conditions of parole that shall be accepted and agreed to by
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0022|     the inmate as evidenced by his signature affixed to a duplicate
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0023|     copy to be retained in the files of the board.  The board shall
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0024|     also require as a prerequisite to release the submission and
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0025|     approval of a parole plan.  If an inmate refuses to affix his
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0001|     signature to the written statement of the conditions of his
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0002|     parole or does not have an approved parole plan, he shall not
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0003|     be released and shall remain in the custody of the corrections
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0004|     facility in which he has served his sentence, excepting parole,
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0005|     until such time as the period of parole he was required to
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0006|     serve, less meritorious deductions, if any, expires, at which
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0007|     time he shall be released from that facility without parole, or
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0008|     until such time that he evidences his acceptance and agreement
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0009|     to the conditions of parole as required or receives approval
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0010|     for his parole plan or both.  Time served from the date that an
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0011|     inmate refuses to accept and agree to the conditions of parole
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0012|     or fails to receive approval for his parole plan shall reduce
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0013|     the period, if any, to be served under parole at a later date. 
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0014|     If the district court has ordered that the inmate make
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0015|     restitution to a victim as provided in Section 31-17-1 NMSA
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0016|     1978, the board shall include restitution as a condition of
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0017|     parole.  The board shall also personally apprise the inmate of
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0018|     the conditions of parole and his duties relating thereto.
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0019|               <s>[E.]</s> <u>F.  Except as provided in Subsection A of
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<u></u>0020| <u>    this section,</u>  when a person on parole has performed the
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0021|     obligations of his release for the period of parole provided in
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0022|     this section, the board shall make a final order of discharge
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0023|     and issue him a certificate of discharge.
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0024|               <s>[F.]</s> <u>G.</u>  Pursuant to the provisions of Section
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0025|     31-18-15 NMSA 1978, the board shall require the inmate as a
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0001|     condition of parole:
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0002|                    (1)  to pay the actual costs of his parole
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0003|     services to the adult probation and parole division of the
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0004|     corrections department for deposit to the corrections
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0005|     department intensive supervision fund not exceeding one
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0006|     thousand twenty dollars ($1,020) annually to be paid in monthly
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0007|     installments of not less than fifteen dollars ($15.00) and not
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0008|     more than eighty-five dollars ($85.00), subject to modification
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0009|     by the adult probation and parole division on the basis of
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0010|     changed financial circumstances; and
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0011|                    (2)  to reimburse a law enforcement agency or
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0012|     local crime stopper program for the amount of any reward paid
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0013|     by the agency or program for information leading to his arrest,
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0014|     prosecution or conviction.
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0015|               <s>[G.]</s> <u>H.</u>  The provisions of this section shall
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0016|     apply to all inmates except geriatric, permanently
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0017|     incapacitated and terminally ill inmates eligible for the
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0018|     medical and geriatric parole program as provided by the Parole
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0019|     Board Act."
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0020|                                  
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0021|     
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0022|       
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0023|   
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0024|   
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0025|                      FORTY-THIRD LEGISLATURE           SB 617/a
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0001|                        FIRST SESSION, 1997
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0002|   
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0003|   
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0004|   
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0005|                                                  March 12, 1997
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0006|   
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0007|   Mr. President:
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0008|   
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0009|   
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0010|       Your JUDICIARY COMMITTEE, to whom has been referred
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0011|   
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0012|                          SENATE BILL 617
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0013|   
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0014|   has had it under consideration and reports same with
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0015|   recommendation that it DO PASS, amended as follows:
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0016|   
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0017|       1.  On page 1, line 24, after "equivalent" insert "and any
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0018|   other treatment deemed medically necessary".
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0019|   
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0020|       2.  On page 2, line 7, after "treatment" insert "or its
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0021|   chemical equivalent and any other treatment deemed medically
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0022|   necessary at least".
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0023|   
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0024|       3.  On page 2, line 10, after the first occurrence of
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0025|   "parole" insert a period and strike the remainder of the line. 
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0001|   
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0002|       4.  On page 2, strike all of lines 11 through 13. 
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0003|   
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0004|       5.  On page 2, strike all of lines 14 through 21 and insert
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0005|   in lieu thereof: 
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0006|   
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0007|           "C.  The corrections department shall administer and pay
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0008|   for the medroxyprogesterone acetate treatment or its chemical
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0009|   equivalent, pursuant to Subsection A of this section and shall
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0010|   follow the federal centers for disease control and prevention
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0011|   guidelines and protocols.  As one condition of parole, a person
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0012|   undergoing hormonal chemical treatment may be placed in the
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0013|   corrections department's intensive supervision program pursuant
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0014|   to Section 31-21-13.1 NMSA 1978.".
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0015|   
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0016|       6.  On page 3, line 10, strike ", but the" and insert ". 
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0017|   The".
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0018|   
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0019|       7.  On page 3, line 11, after "paroled" insert ", unless it
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0020|   can be demonstrated to the satisfaction of the sentencing court
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0021|   that the chemical treatment is no longer necessary and the court
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0022|   enters an order to that effect".
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0023|   
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0024|   
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0025|                                Respectfully submitted,
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0001|   
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0002|   
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0003|   
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0004|                                
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0005|   __________________________________
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0006|                                Fernando R. Macias, Chairman 
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0007|   
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0008|   
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0009|   
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0010|   Adopted_______________________   Not
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0011|   Adopted_______________________
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0012|             (Chief Clerk)                          (Chief Clerk)
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0013|   
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0014|   
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0015|                     Date ________________________
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0016|   
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0017|   
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0018|   The roll call vote was <u> 5 </u> For <u> 3 </u> Against
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0019|           Yes:    5
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0020|           No:     Lopez, Sanchez, Tsosie
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0021|                Excused:     None
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0022|           Absent: None
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0023|   
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0024|   
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0025|   S0617JU1                                          .118074.2/a
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0001|   
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