45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CORRECTIONS; REVISING THE ELEMENTS OF THE CRIMINAL OFFENSE KNOWN AS ESCAPE FROM PENITENTIARY; CREATING A NEW CRIMINAL OFFENSE KNOWN AS UNAUTHORIZED ABSENCE OR WALKING AWAY FROM AN INMATE-RELEASE PROGRAM; PRESCRIBING PENALTIES; AMENDING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 30-22-9 NMSA 1978 (being Laws 1963, Chapter 303, Section 22-9) is amended to read:

"30-22-9. ESCAPE FROM PENITENTIARY.--Escape from penitentiary consists of [any] a person who [shall have] has been lawfully committed to the state penitentiary:

A. escaping or attempting to escape from [such] the penitentiary; [or]

B. escaping or attempting to escape from any other lawful place of custody or confinement, [and] although not actually within the confines of the penitentiary; or

C. willfully failing to appear in person as directed by corrections department personnel when the person has been released early from custody or confinement to participate in a community corrections program as provided in Section 33-9-5 NMSA 1978 or an intensive supervision program as provided in Section 31-21-13.1 NMSA 1978, and the term of incarceration specified in the person's judgment and sentence or commitment has not yet expired.

D. Whoever commits escape from penitentiary is guilty of a second degree felony."

Section 2. Section 33-2-46 NMSA 1978 (being Laws 1969, Chapter 166, Section 4, as amended) is amended to read:

"33-2-46. INMATE-RELEASE PROGRAM--ESCAPE--UNAUTHORIZED ABSENCE OR WALKING AWAY FROM AN INMATE-RELEASE PROGRAM.--

A. [Any] A prisoner whose limits of confinement have been extended or who has been granted a visitation privilege under the inmate-release program, who willfully fails to return to the designated place of confinement within the time prescribed, with the intent not to return, is guilty of an escape.

B. A prisoner whose limits of confinement have been extended or who has been granted a visitation privilege under the inmate-release program who willfully and without authorization fails to report to or walks away from an approved inmate-release program location is guilty of unauthorized absence or walking away from an inmate-release program.

C. Whoever is convicted of an escape under the provisions of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

D. Whoever is convicted of unauthorized absence or walking away from an inmate-release program is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.