SENATE BILL 660

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

INTRODUCED BY

Linda M. Lopez and David M. Gallegos

AN ACT

RELATING TO DOMESTIC VIOLENCE; PROVIDING FOR PERMANENT NO CONTACT ORDERS AS A CONDITION OF PROBATION OR PAROLE; ALLOWING FOR A PROTECTED PARTY TO APPEAR TELEPHONICALLY AT HEARINGS OR TO BE REPRESENTED AT HEARINGS WITHOUT BEING PRESENT.

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

     SECTION 1. A new section of the Probation and Parole Act is enacted to read:

     "[NEW MATERIAL] PERMANENT NO CONTACT ORDER.--

          A. A court or the board may, as a condition of probation or parole, impose a permanent no contact order on a probationer or a parolee when the crime for which the probationer or the parolee has been convicted was a crime of domestic abuse as defined in the Family Violence Protection Act.

          B. The permanent no contact order may last for any length of time, including for the lifetime of the probationer or the parolee.

          C. A victim of domestic abuse as defined in the Family Violence Protection Act may petition a court or the board for a permanent no contact order for a probationer or parolee who has been granted probation or parole as of July 1, 2015."

     SECTION 2. A new section of the Probation and Parole Act is enacted to read:

     "[NEW MATERIAL] TELEPHONIC APPEARANCE BY A VICTIM.--For a victim of a crime of domestic abuse as defined in the Family Violence Protection Act, a court or the board may allow:

          A. the victim to appear telephonically at any hearing concerning probation or parole for the person convicted of the crime; or

          B. another person to appear on the victim's behalf at a hearing concerning probation or parole for the person convicted of the crime, without the victim appearing at the hearing."

     SECTION 3. Section 31-21-25 NMSA 1978 (being Laws 1975, Chapter 194, Section 4, as amended) is amended to read:

     "31-21-25. POWERS AND DUTIES OF THE BOARD.--

          A. The parole board shall have the powers and duties of the former state board of probation and parole pursuant to Sections 31-21-6 and 31-21-10 through 31-21-17 NMSA 1978 and such additional powers and duties relating to the parole of adults as are enumerated in this section.

          B. The parole board shall have the following powers and duties to:

                (1) grant, deny or revoke parole;

                (2) conduct or cause to be conducted such investigations, examinations, interviews, hearings and other proceedings as may be necessary for the effectual discharge of the duties of the board;

                (3) summon witnesses, books, papers, reports, documents or tangible things and administer oaths as may be necessary for the effectual discharge of the duties of the board;

                (4) maintain records of its acts, decisions and orders and notify each corrections facility of its decisions relating to persons who are or have been confined therein;

                (5) adopt an official seal of which the courts shall take judicial notice;

                (6) employ such officers, agents, assistants and other employees as may be necessary for the effectual discharge of the duties of the board;

                (7) contract for services, supplies, equipment, office space and such other provisions as may be necessary for the effectual discharge of the duties of the board; and

                (8) adopt such rules and regulations as may be necessary for the effectual discharge of the duties of the board.

          C. The parole board shall provide a prisoner or parolee with a written statement of the reason or reasons for denying or revoking parole.

          D. The parole board shall adopt a written policy specifying the criteria to be considered by the board in determining whether to grant, deny or revoke parole or to discharge a parolee.

          E. When the parole board conducts a parole hearing for an offender, and upon request of the victim or family member, the board shall allow the victim of the offender's crime or a family member of the victim to be present during the parole hearing. If the victim or a family member of the victim requests an opportunity to speak to the board during the hearing in public or private, the board shall grant that request. The victim may appear at the hearing telephonically. As used in this subsection, "family member of the victim" means a mother, father, sister, brother, child or spouse of the victim or a person who has custody of the victim."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.