SENATE BILL 361

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Lisa A. Torraco

FOR THE CRIMINAL JUSTICE REFORM SUBCOMMITTEE AND

THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO CORRECTIONS; EXPANDING THE AVAILABILITY TO EARN A HIGH SCHOOL EQUIVALENCY CREDENTIAL FOR INCARCERATED INDIVIDUALS.

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

     SECTION 1. Section 33-11-3 NMSA 1978 (being Laws 1988, Chapter 78, Section 3) is amended to read:

     "33-11-3. REGULATIONS.--

          A. The corrections department, by July 1, 1988, shall adopt regulations for all adult correctional institutions operated by the department for the implementation of a mandatory education program for all inmates to attain a minimum education standard as set forth in this section.

          [A.] B. The regulations shall apply only to any inmate who:

                [(1) commits a crime after the effective date of the Inmate Literacy Act; and

                (2) has eighteen months or more remaining to be served on his sentence of incarceration; and either:

                (3)] (1) is not exempted due to a medical, developmental or learning disability; or

                [(4)] (2) does not possess a [general education diploma] high school equivalency credential or a high school diploma.

          [B.] C. The regulations adopted shall require that:

                (1) a minimum education standard shall be met beginning in 1988 and in all subsequent years as follows:

                     (a) in 1988, the education standard shall be the equivalent of grade six in reading and math on the test of adult basic education;

                     (b) in 1989, the education standard shall be the equivalent of grade seven in reading and math on the test of adult basic education;

                     (c) in 1990, the education standard shall be the equivalent of grade eight in reading and math on the test of adult basic education; and

                     (d) in 1991, the education standard shall be a high school diploma or a [general education diploma] high school equivalency credential;

                (2) inmates who meet the criteria in Subsection [A] B of this section shall be required to participate in education programs for ninety days. After ninety days, inmates may choose to withdraw from educational programs but will be subject to the provisions of Paragraph (3) of this subsection [B of this section]; and

                (3) notwithstanding any other provision of law, inmates who are subject to these regulations but who refuse or choose not to participate shall not be eligible for monetary compensation for work performed or for meritorious deduction as set forth in Subsection A of Section 33-2-34 NMSA 1978.

          [C. The regulations may:

                (1) exclude any inmate who has been incarcerated for less than ninety days in an institution controlled by the corrections department;

                (2) exclude any inmate who is assigned a minimum custody classification; or

                (3) defer educational requirements for inmates with sentences longer than ten years.]"

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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