44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CRIMINAL SENTENCING; PROVIDING AN AMNESTY PROGRAM FOR CERTAIN PROBATION OR PAROLE VIOLATORS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. PROBATION OR PAROLE VIOLATORS--AMNESTY PROGRAM.--

A. As used in this section, "nonviolent offender" means a person placed on probation or parole for committing a criminal offense, except one of the following criminal offenses:

(1) first degree murder, as provided in Section 30-2-1 NMSA 1978;

(2) second degree murder, as provided in Section 30-2-1 NMSA 1978;

(3) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;

(4) kidnapping, as provided in Section 30-4-1 NMSA 1978;

(5) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978;

(6) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978;

(7) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978;

(8) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;

(9) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

(10) robbery, as provided in Section 30-16-2 NMSA 1978;

(11) aggravated burglary, as provided in Section 30-16-4 NMSA 1978;

(12) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or

(13) abuse of a child that results in great bodily harm or death to the child, as provided in Section 30-6-1 NMSA 1978.

B. Effective July 1, 1999 through August 31, 1999, a nonviolent offender who is eighteen, nineteen or twenty years of age and for whom an outstanding warrant has been issued because the nonviolent offender violated the conditions of his probation or parole, may turn himself in to his probation or parole officer and receive amnesty for the probation or parole violation. When the nonviolent offender turns himself in he shall not be incarcerated, and the nonviolent offender's probation or parole officer shall initiate a new probation or parole plan for the nonviolent offender.

C. Subsequent to August 31, 1999, a nonviolent offender who turns eighteen years of age and for whom an outstanding warrant has been issued because the nonviolent offender violated the conditions of his probation or parole, has a period of two months following his eighteenth birthday to turn himself in to his probation or parole officer and receive amnesty for the probation or parole violation. When the nonviolent offender turns himself in he shall not be incarcerated, and the nonviolent offender's probation or parole officer shall initiate a new probation or parole plan for the nonviolent offender.

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.