0001|                           SENATE BILL 340
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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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; MAKING AN
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0013|     APPROPRIATION.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  A new section of Chapter 31, Article 18 NMSA
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0017|     1978 is enacted to read: 
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0018|          "[<u>NEW MATERIAL</u>] SENTENCING OF PERSONS CONVICTED OF
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0019|     CERTAIN CHILD SEXUAL ABUSE OFFENSES--TREATMENT WITH
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0020|     MEDROXYPROGESTERONE ACETATE OR ITS EQUIVALENT.--
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0021|               A.  A person convicted of criminal sexual
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0022|     penetration in the first degree when the victim is a child
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0023|     less than thirteen years old shall, if paroled, undergo
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0024|     medroxyprogesterone acetate treatment or its chemical
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0025|     equivalent, in addition to any other punishment prescribed for
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0001|     that offense.  
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0002|               B.  A person required to undergo treatment pursuant
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0003|     to Subsection A of this section:
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0004|                    (1)  shall be exempt from that treatment if he
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0005|     has undergone or does undergo a permanent surgical alternative
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0006|     to hormonal chemical treatment for sex offenders; and
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0007|                    (2)  shall begin medroxyprogesterone acetate
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0008|     treatment one week prior to his release on parole from the
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0009|     physical custody of the corrections department or another
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0010|     institution and shall remain on the treatment program until
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0011|     released from parole unless before that date the parole board
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0012|     demonstrates to the satisfaction of the court sentencing the
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0013|     person pursuant to this section that the treatment is no
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0014|     longer necessary and the court enters an order to that effect.
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0015|               C.  The federal centers for disease control and
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0016|     prevention shall administer and implement the protocols
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0017|     required by this section.  These protocols shall include a
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0018|     requirement that the person subject to treatment pursuant to
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0019|     this section shall be informed in writing about the effect of
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0020|     hormonal chemical treatment and any side effects that may
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0021|     result from it.  The person shall provide a receipt in writing
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0022|     indicating that this information has been communicated to the
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0023|     person. 
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0024|               D.  Nothing in the implementation of the protocols
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0025|     developed pursuant to Subsection C of this section shall
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0001|     require a medical doctor employed by the corrections
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0002|     department or the parole board to participate against his will
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0003|     in the program authorized by this section." 
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0004|          Section 2.  Section 31-21-10 NMSA 1978 (being Laws 1980,
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0005|     Chapter 28, Section 1, as amended) is amended to read:
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0006|          "31-21-10.  PAROLE AUTHORITY AND PROCEDURE.--
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0007|               <u>A.  A person in the custody of the corrections
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<u></u>0008| <u>    department or another institution after being sentenced as a
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<u></u>0009| <u>    result of a conviction of committing criminal sexual
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<u></u>0010| <u>    penetration in the first degree when the victim is a child
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<u></u>0011| <u>    less than thirteen years old may be paroled pursuant to the
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<u></u>0012| <u>    applicable provisions of law, but the term of parole shall be
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<u></u>0013| <u>    for the life of the person paroled.</u>
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0014|               <s>[A.]</s> <u>B.  Except as provided in Subsection A of
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<u></u>0015| <u>    this section</u>, an inmate of an institution who was sentenced
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0016|     to life imprisonment as the result of the commission of a
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0017|     capital felony, who was convicted of three violent felonies
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0018|     and sentenced pursuant to Sections 31-18-23 and 31-18-24 NMSA
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0019|     1978 or who was convicted of two violent sexual offenses and
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0020|     sentenced pursuant to Subsection A of Section 31-18-25 NMSA
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0021|     1978 and Section 31-18-26 NMSA 1978 becomes eligible for a
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0022|     parole hearing after he has served thirty years of his
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0023|     sentence.  Before ordering the parole of an inmate sentenced
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0024|     to life imprisonment, the board shall:
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0025|                    (1)  interview the inmate at the institution
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0001|     where he is committed;
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0002|                    (2)  consider all pertinent information
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0003|     concerning the inmate, including:
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0004|                         (a)  the circumstances of the offense;
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0005|                         (b)  mitigating and aggravating
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0006|     circumstances;
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0007|                         (c)  whether a deadly weapon was used in
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0008|     the commission of the offense;
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0009|                         (d)  whether the inmate is a habitual
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0010|     offender;
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0011|                         (e)  the reports filed under Section
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0012|     31-21-9 NMSA 1978; and
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0013|                         (f)  the reports of such physical and
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0014|     mental examinations as have been made while in prison;
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0015|                    (3)  make a finding that a parole is in the
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0016|     best interest of society and the inmate; and
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0017|                    (4)  make a finding that the inmate is able
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0018|     and willing to fulfill the obligations of a law-abiding
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0019|     citizen.
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0020|          If parole is denied, the inmate sentenced to life
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0021|     imprisonment shall again become entitled to a parole hearing
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0022|     at two-year intervals.  The board may, on its own motion,
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0023|     reopen any case in which a hearing has already been granted
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0024|     and parole denied.
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0025|               <s>[B.]</s> <u>C.  Except as provided in Subsection A of
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<u></u>0001| <u>    this section</u>, unless the board finds that it is in the best
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0002|     interest of society and the parolee to reduce the period of
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0003|     parole, a person who was convicted of a capital felony shall
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0004|     be required to undergo a minimum period of parole of five
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0005|     years.  During the period of parole, the person shall be under
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0006|     the guidance and supervision of the board.
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0007|               <s>[C.]</s> <u>D.  Except as provided in Subsection A of
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<u></u>0008| <u>    this section</u>, an inmate who was convicted of a first, second
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0009|     or third degree felony and who has served the sentence of
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0010|     imprisonment imposed by the court in a corrections facility
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0011|     designated by the corrections department shall be required to
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0012|     undergo a two-year period of parole.  An inmate who was
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0013|     convicted of a fourth degree felony and who has served the
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0014|     sentence of imprisonment imposed by the court in a corrections
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0015|     facility designated by the corrections department shall be
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0016|     required to undergo a one-year period of parole.  During the
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0017|     period of parole, the person shall be under the guidance and
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0018|     supervision of the board.
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0019|               <s>[D.]</s> <u>E.</u>  Every person while on parole shall
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0020|     remain in the legal custody of the institution from which he
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0021|     was released, but shall be subject to the orders of the board. 
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0022|     The board shall furnish to each inmate as a prerequisite to
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0023|     his release under its supervision a written statement of the
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0024|     conditions of parole that shall be accepted and agreed to by
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0025|     the inmate as evidenced by his signature affixed to a
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0001|     duplicate copy to be retained in the files of the board.  The
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0002|     board shall also require as a prerequisite to release the
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0003|     submission and approval of a parole plan.  If an inmate
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0004|     refuses to affix his signature to the written statement of the
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0005|     conditions of his parole or does not have an approved parole
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0006|     plan, he shall not be released and shall remain in the custody
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0007|     of the corrections facility in which he has served his
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0008|     sentence, excepting parole, until such time as the period of
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0009|     parole he was required to serve, less meritorious deductions,
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0010|     if any, expires, at which time he shall be released from that
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0011|     facility without parole, or until such time that he evidences
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0012|     his acceptance and agreement to the conditions of parole as
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0013|     required or receives approval for his parole plan or both. 
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0014|     Time served from the date that an inmate refuses to accept and
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0015|     agree to the conditions of parole or fails to receive approval
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0016|     for his parole plan shall reduce the period, if any, to be
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0017|     served under parole at a later date.  If the district court
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0018|     has ordered that the inmate make restitution to a victim as
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0019|     provided in Section 31-17-1 NMSA 1978, the board shall include
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0020|     restitution as a condition of parole.  The board shall also
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0021|     personally apprise the inmate of the conditions of parole and
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0022|     his duties relating thereto.
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0023|               <s>[E.]</s> <u>F.  Except as provided in Subsection A of
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<u></u>0024| <u>    this section</u>,  when a person on parole has performed the
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0025|     obligations of his release for the period of parole provided
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0001|     in this section, the board shall make a final order of
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0002|     discharge and issue him a certificate of discharge.
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0003|               <s>[F.]</s> <u>G.</u>  Pursuant to the provisions of Section
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0004|     31-18-15 NMSA 1978, the board shall require the inmate as a
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0005|     condition of parole:
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0006|                    (1)  to pay the actual costs of his parole
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0007|     services to the adult probation and parole division of the
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0008|     corrections department for deposit to the corrections
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0009|     department intensive supervision fund not exceeding one
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0010|     thousand twenty dollars ($1,020) annually to be paid in
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0011|     monthly installments of not less than fifteen dollars ($15.00)
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0012|     and not more than eighty-five dollars ($85.00), subject to
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0013|     modification by the adult probation and parole division on the
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0014|     basis of changed financial circumstances; and
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0015|                    (2)  to reimburse a law enforcement agency or
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0016|     local crime stopper program for the amount of any reward paid
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0017|     by the agency or program for information leading to his
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0018|     arrest, prosecution or conviction.
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0019|               <s>[G.]</s> <u>H.</u>  The provisions of this section shall
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0020|     apply to all inmates except geriatric, permanently
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0021|     incapacitated and terminally ill inmates eligible for the
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0022|     medical and geriatric parole program as provided by the Parole
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0023|     Board Act."
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0024|          Section 3.  APPROPRIATION.--Two hundred thousand dollars
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0025|     ($200,000) is appropriated from the general fund to the
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0001|     corrections department for expenditure in fiscal year 1999 to
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0002|     implement a program of hormonal chemical treatment for sex
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0003|     offenders released on parole on condition of participating in
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0004|     that program.  Any unexpended or unencumbered balance
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0005|     remaining at the end of fiscal year 1999 shall revert to the
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0006|     general fund.
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0007|                              
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