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

RELATING TO COURTS; AUTHORIZING EARLY RELEASE OF FEMALE INMATES FROM A CORRECTIONAL FACILITY TO A REENTRY DRUG COURT PROGRAM SUPERVISED BY A DISTRICT COURT.

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

Section 1. REENTRY DRUG COURT PROGRAM FOR FEMALE INMATES--DISTRICT COURT SUPERVISION.--

A. The corrections department shall develop criteria regarding the eligibility of a female inmate for early release into a reentry drug court program, including requirements that the female inmate:

(1) was incarcerated following conviction for a nonviolent, drug-related offense; and

(2) is within eighteen months of release or eligibility for parole.

B. The corrections department may petition a district court that operates a reentry drug court program to accept jurisdiction of a female inmate. If the district court grants the petition, the district court shall have jurisdiction over the female inmate and the corrections department shall retain its jurisdiction over the female inmate pursuant to the terms of the inmate's judgment and sentence.

C. If a district court, other than the district court that accepts a female inmate into the reentry drug court program, has jurisdiction over the female inmate, the court shall transfer jurisdiction over the inmate to the district court that operates the reentry drug court program.

D. The provisions of this section shall not be interpreted to limit the statutory authority vested in the adult probation and parole division of the corrections department, pursuant to the provisions of the Probation and Parole Act.

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.