HOUSE BILL 529
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Rodolpho “Rudy” S. Martinez
AN ACT
RELATING TO CRIMINAL SENTENCING; REMOVING THE REQUIREMENT OF SENTENCING DEFENDANTS CONVICTED OF MISDEMEANORS TO A COUNTY JAIL; LIMITING THE MAXIMUM PERIOD OF IMPRISONMENT IN A COUNTY JAIL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 31-19-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-4, as amended) is amended to read:
"31-19-1. SENTENCING AUTHORITY--MISDEMEANORS--IMPRISONMENT AND FINES--PROBATION.--
A. Where the defendant has been convicted of a crime constituting a misdemeanor, the judge shall sentence the person to be imprisoned [in the county jail] for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.
B. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both such imprisonment and fine in the discretion of the judge.
C. When the court has deferred or suspended sentence, it shall order the defendant placed on supervised or unsupervised probation for all or some portion of the period of deferment or suspension."
SECTION 2. Section 31-20-2 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-13, as amended) is amended to read:
"31-20-2. PLACE OF IMPRISONMENT--COMMITMENTS.--
A. Persons sentenced to imprisonment for a term of [one year or] more [shall] than six months may be imprisoned in a county jail or in a corrections facility designated by the corrections department, [unless] if a new trial is granted, [or] a portion of the sentence is suspended so as to provide for imprisonment for not more than eighteen months or the convicted person is serving a period of incarceration that is less than one year in a community corrections program, then the imprisonment may be in such place of incarceration other than a corrections facility under the jurisdiction of the corrections department, as the sentencing judge, in [his] the judge's discretion, may prescribe; provided that [a sentence of imprisonment for one year or more but not more than eighteen months shall be subject to the provisions of Subsections D and E of this section and shall not be imposed unless] the requirements [set forth in Subsection D] of Subsections D and E of this section are satisfied.
B. All commitments, judgments and orders of the courts of this state for the imprisonment or release of persons in the penitentiary of New Mexico shall run to the corrections department, but nothing contained in this section shall invalidate or impair the validity of any commitment, judgment or order of any court in this state directed to the secretary of corrections, the warden of the penitentiary of New Mexico or to the penitentiary of New Mexico, and all such commitments, judgments and orders shall be treated and construed as running to the corrections department.
C. There is created within the corrections department an "intake and classification center". The intake and classification center shall have the following duties:
(1) process all inmates sentenced or committed for purposes of diagnosis to the corrections department;
(2) classify inmates for housing assignments;
(3) develop an individualized plan for participation by each inmate in programs, work assignments and special needs;
(4) monitor each inmate's progress during incarceration and reclassify or modify classification assignments as may be necessary, taking into consideration the overall needs of the inmate population, institutional and facility requirements and the individual inmate's needs;
(5) with the approval of the secretary of corrections, may transfer inmates of the penitentiary of New Mexico to an institution under the control of another state if that state has entered into a corrections control agreement with New Mexico; and
(6) with the approval of the secretary of corrections, may transfer inmates to any facility, including the forensic hospital under the jurisdiction of the department of health.
D. A sentence of [one year] six months or more but not more than eighteen months and providing for imprisonment in a place of incarceration other than a corrections facility under the jurisdiction of the corrections department pursuant to Subsection A of this section, which shall be known as the local sentencing option, shall not be imposed unless:
(1) the place of incarceration is located within the county in which the crime was committed; and
(2) the governing authority in charge of the place of incarceration has entered into a joint powers agreement with the corrections department setting forth:
(a) the amount of money the corrections department shall pay for offenders sentenced to a term of [one year or] more than six months but not more than eighteen months and the number of offenders [which] that may be sentenced to such terms; and
(b) any other provisions deemed appropriate and agreed to by the local governing body and the corrections department.
E. If a judge imposes a sentence of [one year or] more than six months but not more than eighteen months and provides for imprisonment in a place of incarceration other than a corrections facility under the jurisdiction of the corrections department:
(1) the local governing body or its agent shall have the ability to petition that judge when the capacity of the place of incarceration is filled or when any problem develops concerning that offender requesting the judge to issue an order committing the offender to the corrections department for completion of the remainder of [his] the offender's sentence. A hearing on a petition pursuant to this paragraph shall be held within three days of the filing of the petition. Notwithstanding any other provision of law, the judge shall retain jurisdiction over the offender for the purpose of implementing the local sentencing option; and
(2) the local governing body or its agent shall keep the district judges for the judicial district in which the place of incarceration is located informed as to the capacity for the sentencing of offenders in accordance with the local sentencing option. No judge shall sentence an offender in accordance with the local sentencing option if that sentence will result in exceeding the number of offenders set forth in the joint powers agreement.
F. The corrections department shall file an annual report with the legislature [which] that shall contain the number of joint powers agreements in operation pursuant to this section, copies of those agreements, the number of offenders currently incarcerated pursuant to those agreements and any other relevant information relating to the implementation of this section.
G. The corrections department may enter into contracts with public or private detention facilities for the purpose of housing inmates lawfully committed to the corrections department. Any facility with which the department contracts shall meet or exceed corrections department standards prior to the housing of any inmates within the facility and shall meet certification requirements for prisons within eighteen months of entering into such contracts. The contractor shall adhere to all appropriate corrections department policies and procedures and shall agree to have staff trained at the corrections department training academy."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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