44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO CORRECTIONS; REQUIRING INMATES TO EARN MERITORIOUS DEDUCTIONS FROM A TERM OF IMPRISONMENT; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 33-2-34 NMSA 1978 (being Laws 1978, Chapter 40, Section 1, as amended) is repealed and a new Section 33-2-34 NMSA 1978 is enacted to read:
"33-2-34. [NEW MATERIAL] ELIGIBILITY FOR EARNED MERITORIOUS DEDUCTIONS.--
A. To earn meritorious deductions, a prisoner confined in the penitentiary of New Mexico or other state correctional facility must be an active participant in programs recommended for the prisoner by the classification committee and approved by the warden. Meritorious deductions shall be earned according to the number of hours per week that a prisoner participates in approved programs, and are calculated as follows:
(1) for a prisoner confined for committing a serious violent offense, the number of hours per week he participates in approved programs, divided by seven and one-half and rounded to the nearest whole number equals the number of earned meritorious deductions in days per month, up to a maximum of four days per month of time served;
(2) for a prisoner confined for committing a nonviolent offense, the number of hours per week he participates in approved programs equals the number of earned meritorious deductions in days per month, up to a maximum of thirty days per month of time served;
(3) for a prisoner confined following revocation of parole for the alleged commission of a new felony offense or for absconding from parole, the number of hours per week he participates in approved programs, divided by seven and one-half and rounded to the nearest whole number equals the number of earned meritorious deductions in days per month during the parole time that remains to be served, up to a maximum of four days per month of time served; and
(4) for a prisoner confined following revocation of parole for a reason other than the alleged commission of a new felony offense or absconding from parole, the number of hours per week he participates in approved programs, divided by four and rounded to the nearest whole number equals the number of earned meritorious deductions in days per month during the parole time that remains to be served, up to a maximum of eight days per month of time served.
B. A prisoner earns meritorious deductions upon recommendation by the classification committee, based upon the prisoner's active participation in approved programs and approval by the warden.
C. If a prisoner's active participation in approved programs is interrupted by a lockdown at a correctional facility, he shall continue to earn meritorious deductions at the rate he was earning meritorious deductions prior to the lockdown, until the prisoner resumes active participation in programs following termination of the lockdown.
D. A prisoner confined in the penitentiary of New Mexico or other state correctional facility is eligible for lump-sum meritorious deductions as follows:
(1) for successfully completing an approved vocational, substance abuse or mental health program, one month; except when the prisoner has a demonstrable physical, mental health or developmental disability that prevents the prisoner from successfully earning a general education diploma, in which case the prisoner shall be awarded three months;
(2) for earning a general education diploma, three months;
(3) for earning an associate's degree, four months;
(4) for earning a bachelor's degree, five months; and
(5) for earning a graduate qualification, five months.
E. A prisoner is not eligible to earn meritorious deductions if the prisoner:
(1) disobeys an order to perform labor, pursuant to Section 33-8-4 NMSA 1978;
(2) is in disciplinary segregation;
(3) is within the first sixty days of receipt by the corrections department; or
(4) is not an active participant in programs recommended and approved for him by the classification committee.
F. The provisions of this section shall not be interpreted as providing eligibility to earn meritorious deductions to a prisoner during the initial thirty years of a sentence imposed pursuant to the provisions of:
(1) Subsection A of Section 30-2-1 NMSA 1978;
(2) Section 31-18-23 NMSA 1978; or
(3) Section 31-18-25 NMSA 1978.
G. The corrections department shall promulgate rules to implement the provisions of this section, and the rules shall be matters of public record. A concise summary of the rules shall be provided to each prisoner and each prisoner shall receive a quarterly statement of the meritorious deductions earned.
H. If a federal or out-of-state correctional facility does not have work or educational or mental health courses available for a prisoner, the prisoner shall earn meritorious deductions at the average rate earned by prisoners confined in the penitentiary of New Mexico or other state correctional facilities. The average rate of earned meritorious deductions shall be determined by the criminal and juvenile justice coordinating council pursuant to the provisions of Section 31-18-15 NMSA 1978.
I. A New Mexico prisoner confined in a federal or out-of-state correctional facility is eligible to earn meritorious deductions on the basis of the prisoner's conduct and program reports furnished by that facility to the corrections department, subject to final approval by the secretary of corrections.
J. A prisoner confined in a correctional facility in New Mexico that is operated by a private company, pursuant to a contract with the corrections department, is eligible to earn meritorious deductions in the same manner as a prisoner confined in state-run correctional facilities.
K. As used in this section:
(1) "active participant" means a prisoner who has begun, and is regularly engaged in, approved programs;
(2) "program" means vocational, educational, substance abuse and mental health programs that contribute to a prisoner's self-betterment through the development of personal and occupational skills. "Program" does not include recreational activities;
(3) "nonviolent offense" means any felony offense other than a serious violent offense; and
(4) "serious violent offense" means:
(a) second degree murder, as provided in Section 30-2-1 NMSA 1978;
(b) voluntary manslaughter, as provided in Section 30-2-3 NMSA 1978;
(c) third degree aggravated battery, as provided in Section 30-3-5 NMSA 1978;
(d) first degree kidnapping, as provided in Section 30-4-1 NMSA 1978;
(e) first and second degree criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
(f) third degree criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978;
(g) first and second degree robbery, as provided in Section 30-16-2 NMSA 1978;
(h) second degree aggravated arson, as provided in Section 30-17-6 NMSA 1978; and
(i) any of the following offenses, when the nature of the offense and the resulting harm are such that the court judges the crime to be a serious violent offense for the purposes of this section: 1) involuntary manslaughter, as provided in Section 30-2-3 NMSA 1978; 2) fourth degree aggravated assault, as provided in Section 30-3-2 NMSA 1978; 3) third degree assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978; 4) third and fourth degree aggravated stalking, as provided in Section 30-3A-3.1 NMSA 1978; 5) second degree kidnapping, as provided in Section 30-4-1 NMSA 1978; 6) second degree abandonment of a child, as provided in Section 30-6-1 NMSA 1978; 7) first, second and third degree abuse of a child, as provided in Section 30-6-1 NMSA 1978; 8) third degree dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978; 9) third and fourth degree criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; 10) fourth degree criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; 11) third degree robbery, as provided in Section 30-16-2 NMSA 1978; and 12) third degree homicide by vehicle or great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978."
Section 2. Section 33-2-36 NMSA 1978 (being Laws 1988, Chapter 78, Section 6) is amended to read:
"33-2-36. FORFEITURE OF EARNED MERITORIOUS DEDUCTIONS.--
[Any accrued deductions may be forfeited by the convict for
any major conduct violation upon the recommendation of the
classification committee, approval by the warden and final
approval by the secretary of corrections.]
A. Meritorious deductions earned by a prisoner may be forfeited for a major conduct violation upon the recommendation of the classification committee, approval by the warden and final approval by the secretary of corrections.
B. The provisions of this section also apply to the forfeiture of earned meritorious deductions for a prisoner confined in a:
(1) federal or out-of-state correctional facility; or
(2) correctional facility in New Mexico operated by a private company pursuant to a contract with the corrections department."
Section 3. Section 33-2-37 NMSA 1978 (being Laws 1988, Chapter 78, Section 7) is amended to read:
"33-2-37. RESTORATION OF FORFEITED MERITORIOUS DEDUCTIONS.--
A. Meritorious deductions forfeited under Section
33-2-36 NMSA 1978 may be restored in whole or in part to [any]
a prisoner who is exemplary in conduct and work performance
for a period of not less than six months following the date of
forfeiture. Meritorious deductions may be restored upon
recommendation of the classification committee, approval by
the warden and final approval by the secretary of corrections.
B. The provisions of this section also apply to the restoration of earned meritorious deductions for a prisoner confined in a:
(1) federal or out-of-state correctional facility; or
(2) correctional facility in New Mexico operated by a private company pursuant to a contract with the corrections department."
Section 4. Section 33-2-38 NMSA 1978 (being Laws 1889, Chapter 76, Section 13, as amended) is amended to read:
"33-2-38. COMPUTATION OF TERM.--[Sec. 54. No convict] A
prisoner shall not be discharged from the penitentiary of New
Mexico or any other correctional facility until he has
[remained] served the full term for which he was sentenced.
[to be] The term shall be computed from and [including]
include the day on which his sentence took effect and
[excluding] shall exclude any time the convict may have been
at large by reason of escape [therefrom], unless he [may be]
is pardoned or otherwise released by legal authority.
[Provided that nothing in] The provisions of this section
shall [be so construed as] not be interpreted to deprive [any
convict] a prisoner of any reduction of time to which he may
be entitled [to under § 5070] pursuant to the provisions of
Sections 31-20-11, 31-20-12 and 33-2-34 NMSA 1978."
Section 5. Section 31-18-15 NMSA 1978 (being Laws 1977, Chapter 216, Section 4, as amended) is amended to read:
"31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES--BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS DEDUCTIONS.--
A. If a person is convicted of a noncapital felony, the basic sentence of imprisonment is as follows:
(1) for a first degree felony, eighteen years imprisonment;
(2) for a second degree felony resulting in the death of a human being, fifteen years imprisonment;
(3) for a second degree felony, nine years imprisonment;
(4) for a third degree felony resulting in the death of a human being, six years imprisonment;
(5) for a third degree felony, three years imprisonment; or
(6) for a fourth degree felony, eighteen months imprisonment.
B. The appropriate basic sentence of imprisonment shall be imposed upon a person convicted of a first, second, third or fourth degree felony or a second or third degree felony resulting in the death of a human being, unless the court alters such sentence pursuant to the provisions of Section 31-18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978.
C. The court shall include in the judgment and sentence of each person convicted of a first, second, third or fourth degree felony or a second or third degree felony resulting in the death of a human being and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978 after the completion of any actual time of imprisonment and authority to require, as a condition of parole, the payment of the costs of parole services and reimbursement to a law enforcement agency or local crime stopper program in accordance with the provisions of that section. The period of parole shall be deemed to be part of the sentence of the convicted person in addition to the basic sentence imposed pursuant to Subsection A of this section together with alterations, if any, pursuant to the provisions of Section 31-18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978.
D. When a court imposes a sentence of imprisonment pursuant to the provisions of Section 31-18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978 and suspends or defers the basic sentence of imprisonment provided pursuant to the provisions of Subsection A of this section, the period of parole shall be served in accordance with the provisions of Section 31-21-10 NMSA 1978 for the degree of felony for the basic sentence for which the inmate was convicted. For the purpose of designating a period of parole, a court shall not consider that the basic sentence of imprisonment was suspended or deferred and that the inmate served a period of imprisonment pursuant to the provisions of Section 31-18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978.
E. The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed:
(1) for a first degree felony, fifteen thousand dollars ($15,000);
(2) for a second degree felony resulting in the death of a human being, twelve thousand five hundred dollars ($12,500);
(3) for a second degree felony, ten thousand dollars ($10,000);
(4) for a third degree felony resulting in the death of a human being, five thousand dollars ($5,000); or
(5) for a third or fourth degree felony, five thousand dollars ($5,000).
F. When the court imposes a sentence of imprisonment for a felony offense, the court shall indicate whether or not the offense is a serious violent offense, as defined in Section 33-2-34 NMSA 1978. The court shall inform an offender that the offender's sentence of imprisonment is subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. If the court fails to inform an offender that the offender's sentence is subject to those provisions or if the court provides the offender with erroneous information regarding those provisions, the failure to inform or the error shall not provide a basis for a writ of habeas corpus.
G. No later than October 31 of each year, the criminal and juvenile justice coordinating council shall provide a written report to the secretary of corrections, all New Mexico criminal court judges, the administrative office of the district attorneys and the chief public defender. The report shall specify the average reduction in the sentence of imprisonment for serious violent offenses and nonviolent offenses, as defined in Section 33-2-34 NMSA 1978, due to meritorious deductions earned by prisoners during the previous fiscal year pursuant to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. The corrections department shall allow the coordinating council access to documents used by the department to determine earned meritorious deductions for prisoners."
Section 6. REPEAL.--Section 33-8-14 NMSA 1978 (being Laws 1981, Chapter 127, Section 14) is repealed.
Section 7. APPLICABILITY.--The provisions of Sections 1 through 6 of this act apply to persons convicted of a criminal offense committed on or after July 1, 1999. As to persons convicted of a criminal offense committed prior to July 1, 1999, the laws with respect to the vesting of meritorious deductions in effect at the time the offense was committed shall apply.
Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.