SENATE BILL 276

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Antonio Maestas and Bill B. O'Neill

                           

 

 

 

 

AN ACT

RELATING TO SENTENCING; PROVIDING THAT PROBATION SHALL BE SERVED INSTEAD OF PAROLE IN CERTAIN CIRCUMSTANCES; PROVIDING THAT THE COURT SHALL NOT ORDER A DEFENDANT TO BE PLACED ON PROBATION FOR A LONGER PERIOD THAN THE MAXIMUM ALLOWABLE INCARCERATION TIME.

 

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

     SECTION 1. Section 31-18-15 NMSA 1978 (being Laws 1977, Chapter 216, Section 4, as amended) is amended to read:

     "31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES--BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS DEDUCTIONS.--

          A. As used in a statute that establishes a noncapital felony, the following defined felony classifications and associated basic sentences of imprisonment are as follows:

FELONY CLASSIFICATION           BASIC SENTENCE

first degree felony

resulting in the death 

of a child                      life imprisonment

first degree felony for

aggravated criminal sexual

penetration                     life imprisonment

first degree felony             eighteen years imprisonment

second degree felony

resulting in the death of

a human being                   fifteen years imprisonment

second degree felony for a

sexual offense against a

child                           fifteen years imprisonment

second degree felony for

sexual exploitation of

children                        twelve years imprisonment

second degree felony            nine years imprisonment

third degree felony resulting

in the death of a human being   six years imprisonment

third degree felony for a

sexual offense against a

child                           six years imprisonment

third degree felony for sexual

exploitation of children        eleven years imprisonment

third degree felony             three years imprisonment

fourth degree felony for

sexual exploitation of

children                        ten years imprisonment

fourth degree felony            eighteen months imprisonment.

          B. The appropriate basic sentence of imprisonment shall be imposed upon a person convicted and sentenced pursuant to Subsection A of this section, unless the court alters the sentence pursuant to the provisions of the Criminal Sentencing Act.

          C. A period of parole shall be imposed only for felony convictions wherein a person is sentenced to imprisonment of more than one year, unless the parties to a proceeding agree that a period of parole should be imposed. If a period of parole is imposed, the court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978 after the completion of any actual time of imprisonment and authority to require, as a condition of parole, the payment of the costs of parole services and reimbursement to a law enforcement agency or local crime stopper program in accordance with the provisions of that section. If imposed, the period of parole shall be deemed to be part of the sentence of the convicted person in addition to the basic sentence imposed pursuant to Subsection A of this section together with alterations, if any, pursuant to the provisions of the Criminal Sentencing Act.

          D. When a court imposes a sentence of imprisonment pursuant to the provisions of Section 31-18-15.1, 31-18-16 or 31-18-17 NMSA 1978 and suspends or defers the basic sentence of imprisonment provided pursuant to the provisions of Subsection A of this section, the period of parole shall be served in accordance with the provisions of Section 31-21-10 NMSA 1978 for the degree of felony for the basic sentence for which the inmate was convicted. For the purpose of designating a period of parole, a court shall not consider that the basic sentence of imprisonment was suspended or deferred and that the inmate served a period of imprisonment pursuant to the provisions of the Criminal Sentencing Act. Parole shall not be required if a partially suspended sentence involving probation would be concurrent.

          E. The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed:

                (1) for a first degree felony resulting in the death of a child, seventeen thousand five hundred dollars ($17,500);

                (2) for a first degree felony for aggravated criminal sexual penetration, seventeen thousand five hundred dollars ($17,500);

                (3) for a first degree felony, fifteen thousand dollars ($15,000);

                (4) for a second degree felony resulting in the death of a human being, twelve thousand five hundred dollars ($12,500);

                (5) for a second degree felony for a sexual offense against a child, twelve thousand five hundred dollars ($12,500);

                (6) for a second degree felony for sexual exploitation of children, five thousand dollars ($5,000);

                (7) for a second degree felony, ten thousand dollars ($10,000);

                (8) for a third degree felony resulting in the death of a human being, five thousand dollars ($5,000);

                (9) for a third degree felony for a sexual offense against a child, five thousand dollars ($5,000);

                (10) for a third degree felony for sexual exploitation of children, five thousand dollars ($5,000);

                (11) for a third or fourth degree felony, five thousand dollars ($5,000); or

                (12) for a fourth degree felony for sexual exploitation of children, five thousand dollars ($5,000).

          F. When the court imposes a sentence of imprisonment for a felony offense, the court shall indicate whether or not the offense is a serious violent offense as defined in Section 33-2-34 NMSA 1978. The court shall inform an offender that the offender's sentence of imprisonment is subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. If the court fails to inform an offender that the offender's sentence is subject to those provisions or if the court provides the offender with erroneous information regarding those provisions, the failure to inform or the error shall not provide a basis for a writ of habeas corpus.

          G. No later than October 31 of each year, the

New Mexico sentencing commission shall provide a written report to the secretary of corrections, all New Mexico criminal court judges, the administrative office of the district attorneys and the chief public defender. The report shall specify the average reduction in the sentence of imprisonment for serious violent offenses and nonviolent offenses, as defined in Section 33-2-34 NMSA 1978, due to meritorious deductions earned by prisoners during the previous fiscal year pursuant to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. The corrections department shall allow the commission access to documents used by the department to determine earned meritorious deductions for prisoners."

     SECTION 2. Section 31-20-5 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-17, as amended) is amended to read:

     "31-20-5. PLACING DEFENDANT ON PROBATION.--

          A. When a person has been convicted of a crime for which a sentence of imprisonment is authorized and when the magistrate, metropolitan or district court has deferred or suspended sentence, it shall order the defendant to be placed on probation for all or some portion of the period of deferment or suspension if the defendant is in need of supervision, guidance or direction that is feasible for the corrections department to furnish. Except for sex offenders as provided in Section 31-20-5.2 NMSA 1978, the total period of probation for district, [court shall not exceed five years and the total period of probation for the] magistrate or metropolitan courts shall be no longer than the maximum allowable incarceration time for the offense or as otherwise provided by law. The time period for probation shall not exceed the jurisdiction of the court.

          B. If a defendant is required to serve a period of probation subsequent to a period of incarceration, [(1)] the period of probation shall be served [subsequent to] instead of any required period of parole. [with the time served on parole credited as time served on the period of probation and the conditions of probation imposed by the court deemed as additional conditions of parole; and

                (2) in the event that the defendant violates any condition of that parole, the parole board shall cause him to be brought before it pursuant to the provisions of Section 31-21-14 NMSA 1978 and may make any disposition authorized pursuant to that section and, if parole is revoked, the period of parole served in the custody of a correctional facility shall not be credited as time served on probation]"

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