0001| SENATE BILL 340 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| ROD ADAIR | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CRIMES; PROVIDING FOR PUNISHMENT OF OFFENDERS | 0012| CONVICTED OF CERTAIN CHILD SEXUAL ABUSE OFFENSES; MAKING AN | 0013| APPROPRIATION. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. A new section of Chapter 31, Article 18 NMSA | 0017| 1978 is enacted to read: | 0018| "[|NEW MATERIAL|] SENTENCING OF PERSONS CONVICTED OF | 0019| CERTAIN CHILD SEXUAL ABUSE OFFENSES--TREATMENT WITH | 0020| MEDROXYPROGESTERONE ACETATE OR ITS EQUIVALENT.-- | 0021| A. A person convicted of criminal sexual | 0022| penetration in the first degree when the victim is a child | 0023| less than thirteen years old shall, if paroled, undergo | 0024| medroxyprogesterone acetate treatment or its chemical | 0025| equivalent, in addition to any other punishment prescribed for | - 1 - 0001| that offense. | 0002| B. A person required to undergo treatment pursuant | 0003| to Subsection A of this section: | 0004| (1) shall be exempt from that treatment if he | 0005| has undergone or does undergo a permanent surgical alternative | 0006| to hormonal chemical treatment for sex offenders; and | 0007| (2) shall begin medroxyprogesterone acetate | 0008| treatment one week prior to his release on parole from the | 0009| physical custody of the corrections department or another | 0010| institution and shall remain on the treatment program until | 0011| released from parole unless before that date the parole board | 0012| demonstrates to the satisfaction of the court sentencing the | 0013| person pursuant to this section that the treatment is no | 0014| longer necessary and the court enters an order to that effect. | 0015| C. The federal centers for disease control and | 0016| prevention shall administer and implement the protocols | 0017| required by this section. These protocols shall include a | 0018| requirement that the person subject to treatment pursuant to | 0019| this section shall be informed in writing about the effect of | 0020| hormonal chemical treatment and any side effects that may | 0021| result from it. The person shall provide a receipt in writing | 0022| indicating that this information has been communicated to the | 0023| person. | 0024| D. Nothing in the implementation of the protocols | 0025| developed pursuant to Subsection C of this section shall | - 2 - 0001| require a medical doctor employed by the corrections | 0002| department or the parole board to participate against his will | 0003| in the program authorized by this section." | 0004| Section 2. Section 31-21-10 NMSA 1978 (being Laws 1980, | 0005| Chapter 28, Section 1, as amended) is amended to read: | 0006| "31-21-10. PAROLE AUTHORITY AND PROCEDURE.-- | 0007| |A. A person in the custody of the corrections | 0008| department or another institution after being sentenced as a | 0009| result of a conviction of committing criminal sexual | 0010| penetration in the first degree when the victim is a child | 0011| less than thirteen years old may be paroled pursuant to the | 0012| applicable provisions of law, but the term of parole shall be | 0013| for the life of the person paroled.| | 0014| ~[A.]~ |B. Except as provided in Subsection A of | 0015| this section|, an inmate of an institution who was sentenced | 0016| to life imprisonment as the result of the commission of a | 0017| capital felony, who was convicted of three violent felonies | 0018| and sentenced pursuant to Sections 31-18-23 and 31-18-24 NMSA | 0019| 1978 or who was convicted of two violent sexual offenses and | 0020| sentenced pursuant to Subsection A of Section 31-18-25 NMSA | 0021| 1978 and Section 31-18-26 NMSA 1978 becomes eligible for a | 0022| parole hearing after he has served thirty years of his | 0023| sentence. Before ordering the parole of an inmate sentenced | 0024| to life imprisonment, the board shall: | 0025| (1) interview the inmate at the institution | - 3 - 0001| where he is committed; | 0002| (2) consider all pertinent information | 0003| concerning the inmate, including: | 0004| (a) the circumstances of the offense; | 0005| (b) mitigating and aggravating | 0006| circumstances; | 0007| (c) whether a deadly weapon was used in | 0008| the commission of the offense; | 0009| (d) whether the inmate is a habitual | 0010| offender; | 0011| (e) the reports filed under Section | 0012| 31-21-9 NMSA 1978; and | 0013| (f) the reports of such physical and | 0014| mental examinations as have been made while in prison; | 0015| (3) make a finding that a parole is in the | 0016| best interest of society and the inmate; and | 0017| (4) make a finding that the inmate is able | 0018| and willing to fulfill the obligations of a law-abiding | 0019| citizen. | 0020| If parole is denied, the inmate sentenced to life | 0021| imprisonment shall again become entitled to a parole hearing | 0022| at two-year intervals. The board may, on its own motion, | 0023| reopen any case in which a hearing has already been granted | 0024| and parole denied. | 0025| ~[B.]~ |C. Except as provided in Subsection A of | - 4 - 0001| this section|, unless the board finds that it is in the best | 0002| interest of society and the parolee to reduce the period of | 0003| parole, a person who was convicted of a capital felony shall | 0004| be required to undergo a minimum period of parole of five | 0005| years. During the period of parole, the person shall be under | 0006| the guidance and supervision of the board. | 0007| ~[C.]~ |D. Except as provided in Subsection A of | 0008| this section|, an inmate who was convicted of a first, second | 0009| or third degree felony and who has served the sentence of | 0010| imprisonment imposed by the court in a corrections facility | 0011| designated by the corrections department shall be required to | 0012| undergo a two-year period of parole. An inmate who was | 0013| convicted of a fourth degree felony and who has served the | 0014| sentence of imprisonment imposed by the court in a corrections | 0015| facility designated by the corrections department shall be | 0016| required to undergo a one-year period of parole. During the | 0017| period of parole, the person shall be under the guidance and | 0018| supervision of the board. | 0019| ~[D.]~ |E.| Every person while on parole shall | 0020| remain in the legal custody of the institution from which he | 0021| was released, but shall be subject to the orders of the board. | 0022| The board shall furnish to each inmate as a prerequisite to | 0023| his release under its supervision a written statement of the | 0024| conditions of parole that shall be accepted and agreed to by | 0025| the inmate as evidenced by his signature affixed to a | - 5 - 0001| duplicate copy to be retained in the files of the board. The | 0002| board shall also require as a prerequisite to release the | 0003| submission and approval of a parole plan. If an inmate | 0004| refuses to affix his signature to the written statement of the | 0005| conditions of his parole or does not have an approved parole | 0006| plan, he shall not be released and shall remain in the custody | 0007| of the corrections facility in which he has served his | 0008| sentence, excepting parole, until such time as the period of | 0009| parole he was required to serve, less meritorious deductions, | 0010| if any, expires, at which time he shall be released from that | 0011| facility without parole, or until such time that he evidences | 0012| his acceptance and agreement to the conditions of parole as | 0013| required or receives approval for his parole plan or both. | 0014| Time served from the date that an inmate refuses to accept and | 0015| agree to the conditions of parole or fails to receive approval | 0016| for his parole plan shall reduce the period, if any, to be | 0017| served under parole at a later date. If the district court | 0018| has ordered that the inmate make restitution to a victim as | 0019| provided in Section 31-17-1 NMSA 1978, the board shall include | 0020| restitution as a condition of parole. The board shall also | 0021| personally apprise the inmate of the conditions of parole and | 0022| his duties relating thereto. | 0023| ~[E.]~ |F. Except as provided in Subsection A of | 0024| this section|, when a person on parole has performed the | 0025| obligations of his release for the period of parole provided | - 6 - 0001| in this section, the board shall make a final order of | 0002| discharge and issue him a certificate of discharge. | 0003| ~[F.]~ |G.| Pursuant to the provisions of Section | 0004| 31-18-15 NMSA 1978, the board shall require the inmate as a | 0005| condition of parole: | 0006| (1) to pay the actual costs of his parole | 0007| services to the adult probation and parole division of the | 0008| corrections department for deposit to the corrections | 0009| department intensive supervision fund not exceeding one | 0010| thousand twenty dollars ($1,020) annually to be paid in | 0011| monthly installments of not less than fifteen dollars ($15.00) | 0012| and not more than eighty-five dollars ($85.00), subject to | 0013| modification by the adult probation and parole division on the | 0014| basis of changed financial circumstances; and | 0015| (2) to reimburse a law enforcement agency or | 0016| local crime stopper program for the amount of any reward paid | 0017| by the agency or program for information leading to his | 0018| arrest, prosecution or conviction. | 0019| ~[G.]~ |H.| The provisions of this section shall | 0020| apply to all inmates except geriatric, permanently | 0021| incapacitated and terminally ill inmates eligible for the | 0022| medical and geriatric parole program as provided by the Parole | 0023| Board Act." | 0024| Section 3. APPROPRIATION.--Two hundred thousand dollars | 0025| ($200,000) is appropriated from the general fund to the | - 7 - 0001| corrections department for expenditure in fiscal year 1999 to | 0002| implement a program of hormonal chemical treatment for sex | 0003| offenders released on parole on condition of participating in | 0004| that program. Any unexpended or unencumbered balance | 0005| remaining at the end of fiscal year 1999 shall revert to the | 0006| general fund. | 0007|  |