SENATE BILL 522

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Nancy Rodriguez

AN ACT

RELATING TO PROBATION AND PAROLE; ADDING METROPOLITAN AND MAGISTRATE COURTS TO THE DEFINITION OF ADULT IN THE PROBATION AND PAROLE ACT; REQUIRING REPORTING FROM METROPOLITAN AND MAGISTRATE COURTS; DECLARING AN EMERGENCY.

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

     SECTION 1. Section 31-21-5 NMSA 1978 (being Laws 1978, Chapter 41, Section 1, as amended) is amended to read:

     "31-21-5. DEFINITIONS.--As used in the Probation and Parole Act:

          A. "probation" means the procedure under which an adult defendant, found guilty of a crime upon verdict or plea, is released by the court without imprisonment under a suspended or deferred sentence and subject to conditions;

          B. "parole" means the release to the community of an inmate of an institution by decision of the board or by operation of law, subject to conditions imposed by the board and to its supervision;

          C. "institution" means the state penitentiary and any other similar state institution hereinafter created;

          D. "board" means the parole board;

          E. "director" means the director of the [field services] adult probation and parole division of the corrections department or any employee designated by [him] the director; and

          F. "adult" means any person convicted of a crime by a district court, metropolitan court or magistrate court."

     SECTION 2. Section 31-21-20 NMSA 1978 (being Laws 1963, Chapter 301, Section 16) is amended to read:

     "31-21-20. INFORMATION FROM COURTS.--The director shall obtain from each district court, metropolitan court or magistrate court statistical data regarding dispositions of all defendants, whether found guilty or discharged."

     SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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