0001| SENATE BILL 222
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| DUNCAN SCOTT
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO CRIMINAL LAW; REQUIRING A CAPITAL FELONY OFFENDER TO
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0013| REMAIN INCARCERATED FOR THE ENTIRETY OF HIS NATURAL LIFE;
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0014| AMENDING A SECTION OF THE NMSA 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 31-21-10 NMSA 1978 (being Laws 1980,
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0018| Chapter 28, Section 1, as amended by Laws 1994, Chapter 21,
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0019| Section 1 and also by Laws 1994, Chapter 24, Section 4) is
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0020| amended to read:
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0021| "31-21-10. PAROLE AUTHORITY AND PROCEDURE.--
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0022| A. An inmate of an institution who was sentenced to
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0023| life imprisonment as the result of the commission of a capital
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0024| felony [or who was convicted of three violent felonies and
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sentenced pursuant to Section 31-18-24 NMSA 1978, becomes
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eligible for a parole hearing after he has served thirty years
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of his sentence] is not eligible for parole and shall remain
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0003| incarcerated for the entirety of his natural life.
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0004| B. An inmate of an institution who was convicted of
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0005| three violent felonies and sentenced to life imprisonment
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0006| pursuant to the provisions of Sections 31-18-23 and 31-18-24
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0007| NMSA 1978 is eligible for a parole hearing after he has served
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0008| thirty years of his sentence. Before ordering the parole of an
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0009| inmate sentenced to life imprisonment, pursuant to the
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0010| provisions of Sections 31-18-23 and 31-18-24 NMSA 1978, the
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0011| board shall:
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0012| (l) interview the inmate at the institution
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0013| where he is committed;
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0014| (2) consider all pertinent information
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0015| concerning the inmate including:
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0016| (a) the circumstances of the [offense]
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0017| offenses;
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0018| (b) mitigating and aggravating
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0019| circumstances;
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0020| (c) whether a deadly weapon was used in
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0021| the commission of the [offense] offenses;
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0022| [(d) whether the inmate is a habitual
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offender;
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(e)] (d) the reports filed under
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0025| Section
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0001| 31-21-9 NMSA 1978; and
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0002| [(f)] (e) the reports of such
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0003| physical and mental examinations as have been made while in
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0004| prison;
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0005| (3) make a finding that a parole is in the best
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0006| interest of society and the inmate; and
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0007| (4) make a finding that the inmate is able and
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0008| willing to fulfill the obligations of a law-abiding citizen.
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0009| If parole is denied, the inmate sentenced to life
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0010| imprisonment shall again become entitled to a parole hearing at
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0011| two-year intervals. The board may, on its own motion, reopen
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0012| any case in which a hearing has already been granted and parole
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0013| denied.
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0014| [B. Unless the board finds that it is in the best
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interest of society and the parolee to reduce the period of
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parole, a person who was convicted of a capital felony shall be
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required to undergo a minimum period of parole of five years.
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During the period of parole, the person shall be under the
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guidance and supervision of the board.]
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0020| C. An inmate who was convicted of a first, second or
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0021| third degree felony and who has served the sentence of
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0022| imprisonment imposed by the court in a corrections facility
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0023| designated by the corrections department shall be required to
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0024| undergo a two-year period of parole. An inmate who was
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0025| convicted of a fourth degree felony and who has served the
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0001| sentence of imprisonment imposed by the court in a corrections
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0002| facility designated by the corrections department shall be
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0003| required to undergo a one-year period of parole. During the
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0004| period of parole, the person shall be under the guidance and
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0005| supervision of the board.
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0006| D. Every person while on parole shall remain in the
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0007| legal custody of the institution from which he was released, but
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0008| shall be subject to the orders of the board. The board shall
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0009| furnish to each inmate as a prerequisite to his release under
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0010| its supervision a written statement of the conditions of parole
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0011| which shall be accepted and agreed to by the inmate as evidenced
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0012| by his signature affixed to a duplicate copy to be retained in
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0013| the files of the board. The board shall also require as a
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0014| prerequisite to release the submission and approval of a parole
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0015| plan. If an inmate refuses to affix his signature to the
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0016| written statement of the conditions of his parole or does not
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0017| have an approved parole plan, he shall not be released and shall
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0018| remain in the custody of the corrections facility in which he
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0019| has served his sentence, excepting parole, until such time as
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0020| the period of parole he was required to serve, less meritorious
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0021| deductions, if any, expires, at which time he shall be released
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0022| from that facility without parole, or until such time that he
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0023| evidences his acceptance and agreement to the conditions of
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0024| parole as required or receives approval for his parole plan or
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0025| both. Time served from the date that an inmate refuses to
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0001| accept and agree to the conditions of parole or fails to receive
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0002| approval for his parole plan shall reduce the period, if any, to
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0003| be served under parole at a later date. If the district court
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0004| has ordered that the inmate make restitution to a victim as
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0005| provided in Section 31-17-1 NMSA 1978, the board shall include
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0006| restitution as a condition of parole. The board shall also
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0007| personally apprise the inmate of the conditions of parole and
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0008| his duties relating thereto.
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0009| E. When a person on parole has performed the
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0010| obligations of his release for the period of parole provided in
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0011| this section, the board shall make a final order of discharge
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0012| and issue him a certificate of discharge.
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0013| F. Pursuant to the provisions of Section 31-18-15
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0014| NMSA 1978, the board shall require the inmate, as a condition of
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0015| parole:
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0016| (1) to pay the actual costs of his parole
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0017| services to the [field services] adult probation and parole
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0018| division of the corrections department for deposit to the
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0019| corrections department intensive supervision fund not exceeding
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0020| one thousand twenty dollars ($1,020) annually to be paid in
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0021| monthly installments of not less than fifteen dollars ($15.00)
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0022| and not more than eighty-five dollars ($85.00), subject to
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0023| modification by the [appropriate district supervisor of the
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field services] adult probation and parole division on the
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0025| basis of changed financial circumstances; and
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0001| (2) to reimburse a law enforcement agency or
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0002| local crime stopper program for the amount of any reward paid by
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0003| the agency or program for information leading to his arrest,
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0004| prosecution or conviction.
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0005| G. The provisions of this section shall apply to
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0006| all inmates except geriatric, permanently incapacitated and
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0007| terminally ill inmates eligible for the medical and geriatric
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0008| parole program as provided by the Parole Board Act."
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0009| Section 2. EFFECTIVE DATE.--The effective date of the
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0010| provisions of this act is July 1, 1996.
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0011|
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0012|
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0013| FORTY-SECOND LEGISLATURE
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0014| SECOND SESSION, 1996
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0015|
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0016|
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0017| JANUARY 24, 1996
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0018|
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0019| Mr. President:
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0020|
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0021| Your COMMITTEES' COMMITTEE, to whom has been referred
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0022|
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0023| SENATE BILL 222
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0024|
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0025| has had it under consideration and finds same to be GERMANE, PURSUANT
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0001| TO EXECUTIVE MESSAGE NUMBER SIX thence referred to the JUDICIARY
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0002| COMMITTEE.
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0003|
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0004| Respectfully submitted,
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0005|
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0006|
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0007|
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0008|
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0009| __________________________________
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0010| SENATOR MANNY M. ARAGON, Chairman
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0011|
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0012|
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0013|
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0014| Adopted_______________________ Not Adopted_______________________
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0015| (Chief Clerk) (Chief Clerk)
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0016|
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0017|
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0018| Date ________________________
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0019|
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0020|
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0021|
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0022| S0222CC1
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