0001| SENATE BILL 319 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| TIMOTHY Z. JENNINGS | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CORRECTIONS; REQUIRING INMATES TO EARN MERITORIOUS | 0012| DEDUCTIONS FROM A TERM OF IMPRISONMENT; REQUIRING INMATES WHO | 0013| COMMITTED A VIOLENT OFFENSE TO SERVE NOT LESS THAN EIGHTY-FIVE | 0014| PERCENT OF THEIR TERM OF IMPRISONMENT; AMENDING, REPEALING AND | 0015| ENACTING SECTIONS OF THE NMSA 1978. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 33-2-34 NMSA 1978 (being Laws 1978, | 0019| Chapter 40, Section 1, as amended) is repealed and a new | 0020| Section 33-2-34 NMSA 1978 is enacted to read: | 0021| "33-2-34. [|NEW MATERIAL|] ELIGIBILITY FOR EARNED | 0022| MERITORIOUS DEDUCTIONS.-- | 0023| A. An inmate confined in the penitentiary of New | 0024| Mexico or other state correctional facility for committing a | 0025| violent offense is eligible to earn meritorious deductions of | - 1 - 0001| up to four days per month upon recommendation of the | 0002| classification committee and approval by the warden. | 0003| B. An inmate confined in the penitentiary of New | 0004| Mexico or other state correctional facility for committing a | 0005| nonviolent offense is eligible to earn meritorious deductions | 0006| of up to thirty days per month upon recommendation of the | 0007| classification committee and approval by the warden. | 0008| C. In order to earn meritorious deductions, an | 0009| inmate shall actively participate in a program recommended and | 0010| approved for him by the classification committee. The | 0011| classification committee may recommend and approve only | 0012| education programs, mental health programs, drug or alcohol | 0013| treatment programs, drug or alcohol counseling programs or | 0014| work programs. | 0015| D. An inmate whose record of conduct shows that he | 0016| has performed exceptionally meritorious service and whose | 0017| record of conduct shows that he has otherwise faithfully | 0018| observed the rules of the institution may be eligible for a | 0019| lump sum meritorious deduction award, not to exceed one year | 0020| per award and not to exceed a total of one year for all lump | 0021| sum meritorious deduction awards awarded in any consecutive | 0022| twelve-month period, which may be deducted from the length of | 0023| the sentence then remaining unserved. Exceptionally | 0024| meritorious service shall include heroic acts of saving life | 0025| or property, but shall not include acts in performance of | - 2 - 0001| normal work duties or program assignments. The classification | 0002| committee and the warden may recommend the number of days to | 0003| be awarded in each case based upon the particular merits, but | 0004| any award shall be determined by the director of adult | 0005| institutions. Allowance for exceptionally meritorious service | 0006| shall be in addition to the meritorious deductions provided | 0007| for in Subsections A and B of this section, and in the event | 0008| two or more consecutive sentences are being served, the | 0009| aggregate of the several sentences shall be the basis upon | 0010| which the deduction shall be computed. | 0011| E. The meritorious deductions provided for in | 0012| Subsections A and B of this section shall pertain to both the | 0013| basic sentence to be served and any enhanced term of | 0014| imprisonment pursuant to the provisions of the Criminal | 0015| Sentencing Act. Meritorious deductions of up to ninety days | 0016| per occurrence shall be permanently forfeited upon | 0017| recommendation of the classification committee and approval of | 0018| the warden if the inmate does not properly maintain the | 0019| standard upon which the award was based. For those inmates, | 0020| permanent forfeitures in excess of ninety days may be made | 0021| upon approval of the director of adult institutions. No | 0022| inmate shall forfeit more than fifty percent of his | 0023| meritorious deductions accrued during the previous twelve | 0024| months; and after forfeiture of any portion of an inmate's | 0025| accrued meritorious deductions, the remainder shall vest and | - 3 - 0001| shall not be subject to further forfeiture. Notwithstanding | 0002| any other provisions of this act, an inmate may forfeit up to | 0003| one hundred percent of all accrued meritorious deductions if | 0004| 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 | 0010| operating on behalf of the corrections department; or | 0011| (d) any other person lawfully on the | 0012| premises of a corrections department facility or other | 0013| facility where department inmates are housed; | 0014| (2) one positive drug test while | 0015| incarcerated; | 0016| (3) escape; or | 0017| (4) any felonious act. | 0018| F. An inmate is not eligible to earn meritorious | 0019| deductions if he: | 0020| (1) disobeys an order to perform labor, | 0021| pursuant to Section 33-8-4 NMSA 1978; | 0022| (2) is in disciplinary segregation; | 0023| (3) is not actively participating in a | 0024| program recommended and approved for him by the classification | 0025| committee; or | - 4 - 0001| (4) is within the first thirty days' receipt | 0002| by the corrections department and his record from the county | 0003| jail reflects that he has committed misconduct in the county | 0004| jail that in the professional judgment of the corrections | 0005| department should result in a delay of thirty days to begin | 0006| earning meritorious deductions. | 0007| G. The provisions of this section shall not be | 0008| interpreted as providing eligibility to earn meritorious | 0009| deductions to an inmate during the initial thirty years of a | 0010| sentence imposed pursuant to the provisions of: | 0011| (1) Subsection A of Section 30-2-1 NMSA 1978; | 0012| (2) Section 31-18-23 NMSA 1978; or | 0013| (3) Section 31-18-25 NMSA 1978. | 0014| H. The corrections department shall promulgate | 0015| rules and regulations to implement the provisions of this | 0016| section, and the rules and regulations shall be matters of | 0017| public record. A concise summary of the rules and regulations | 0018| shall be provided to every inmate and every inmate shall | 0019| receive a quarterly statement of the meritorious deductions he | 0020| has earned. | 0021| I. A New Mexico inmate confined in a federal or | 0022| out-of-state correctional facility is eligible to earn | 0023| meritorious deductions in the same manner as an inmate | 0024| imprisoned in a state-run correctional facility on the basis | 0025| of his inmate conduct reports furnished by those facilities to | - 5 - 0001| the corrections department, subject to approval by the | 0002| corrections department. | 0003| J. An inmate imprisoned in a correctional facility | 0004| that is operated by a public entity or a private company, | 0005| pursuant to a contract with the corrections department, is | 0006| eligible to earn meritorious deductions in the same manner as | 0007| an inmate imprisoned in a state-run correctional facility, | 0008| subject to approval by the corrections department. | 0009| K. As used in this section: | 0010| (1) "great bodily harm" means an injury to | 0011| the person that creates a high probability of death; or that | 0012| causes serious disfigurement; or that results in permanent | 0013| loss or impairment of the function of any member or organ of | 0014| the body; | 0015| (2) "nonviolent offense" means any felony | 0016| offense other than a violent offense or any misdemeanor | 0017| offense; and | 0018| (3) "violent offense" means: | 0019| (a) second degree murder, as provided | 0020| in Section 30-2-1 NMSA 1978; | 0021| (b) voluntary manslaughter, as provided | 0022| in Section 30-2-3 NMSA 1978; | 0023| (c) assault with intent to commit a | 0024| violent felony, as provided in Section 30-3-3 NMSA 1978, which | 0025| results in great bodily harm; | - 6 - 0001| (d) criminal sexual penetration, as | 0002| provided in Section 30-9-11 NMSA 1978; and | 0003| (e) robbery, as provided in Section | 0004| 30-16-2 NMSA 1978, which results in great bodily harm." | 0005| Section 2. Section 33-2-36 NMSA 1978 (being Laws 1988, | 0006| Chapter 78, Section 6) is amended to read: | 0007| "33-2-36. FORFEITURE OF EARNED |MERITORIOUS| | 0008| DEDUCTIONS.--~[Any accrued deductions may be forfeited by the | 0009| convict for any major conduct violation upon the | 0010| recommendation of the classification committee, approval by | 0011| the warden and final approval by the secretary of | 0012| corrections.]~ | 0013| |A. Meritorious deductions earned by an inmate may | 0014| be forfeited by that inmate for any major conduct violation | 0015| upon the recommendation of the classification committee, | 0016| approval by the warden and final approval by the secretary of | 0017| corrections. | 0018| B. The provisions of this section also apply to | 0019| forfeiture of earned meritorious deductions for an inmate | 0020| imprisoned in a correctional facility operated by a public | 0021| entity or a private company, pursuant to a contract with the | 0022| corrections department.|" | 0023| Section 3. Section 33-2-37 NMSA 1978 (being Laws 1988, | 0024| Chapter 78, Section 7) is amended to read: | 0025| "33-2-37. RESTORATION OF FORFEITED |MERITORIOUS| | - 7 - 0001| DEDUCTIONS.-- | 0002| |A. Meritorious| deductions forfeited under | 0003| Section 33-2-36 NMSA 1978 may be restored in whole or in part | 0004| to ~[any prisoner]~ |an inmate| who is exemplary in conduct | 0005| and work performance for a period of not less than ~[six]~ | 0006| |twelve| months following the date of forfeiture. | 0007| |Meritorious deductions may be restored| upon recommendation | 0008| of the classification committee, approval by the warden and | 0009| final approval by the secretary of corrections. | 0010| |B. The provisions of this section also apply to | 0011| restoration of earned meritorious deductions for an inmate | 0012| imprisoned in a correctional facility operated by a public | 0013| entity or a private company, pursuant to a contract with the | 0014| corrections department.|" | 0015| Section 4. Section 33-2-38 NMSA 1978 (being Laws 1889, | 0016| Chapter 76, Section 13, as amended) is amended to read: | 0017| "33-2-38. |COMPUTATION OF TERM|.--~[Sec. 54. No | 0018| convict]~ |An inmate| shall |not| be discharged from the | 0019| penitentiary |of New Mexico or other correctional facility| | 0020| until he has ~[remained]~ |served| the full term for which he | 0021| was sentenced. ~[to be]~ |The term shall be| computed from and | 0022| ~[including]~ |include| the day on which his sentence took | 0023| effect and ~[excluding]~ |shall exclude| any time the | 0024| ~[convict]~ |inmate| may have been at large by reason of | 0025| escape ~[therefrom]~, unless he ~[may be]~ |is| pardoned or | - 8 - 0001| otherwise released by legal authority. ~[Provided that | 0002| nothing in]~ |The provisions of| this section shall ~[be so | 0003| construed as]~ |not be interpreted| to deprive ~[any convict]~ | 0004| |an inmate| of any reduction of time |to| which he may be | 0005| entitled ~[to under  5070.]~ |pursuant to the provisions of | 0006| Section 33-2-34 NMSA 1978|." | 0007| Section 5. APPLICABILITY.--The provisions of this act | 0008| apply to persons convicted of a criminal offense committed on | 0009| or after July 1, 1998. As to persons convicted of a criminal | 0010| offense committed prior to July 1, 1998, the laws with respect | 0011| to the vesting of meritorious deductions in effect at the time | 0012| the offense was committed shall apply. | 0013| Section 6. EFFECTIVE DATE.--The effective date of the | 0014| provisions of this act is July 1, 1998. | 0015|  |