0001| HOUSE BILL 311 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MIMI STEWART | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CRIMINAL SENTENCING; PROVIDING THAT CERTAIN | 0012| DEFENDANTS CONVICTED FOR TWO VIOLENT SEXUAL OFFENSES BE | 0013| SENTENCED TO LIFE IMPRISONMENT WITHOUT POSSIBILITY OF PAROLE; | 0014| AMENDING SECTIONS OF THE NMSA 1978. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 31-18-25 NMSA 1978 (being Laws 1996, | 0018| Chapter 79, Section 1) is amended to read: | 0019| "31-18-25. TWO VIOLENT SEXUAL OFFENSE CONVICTIONS-- | 0020| MANDATORY LIFE IMPRISONMENT--EXCEPTION.-- | 0021| A. When a defendant is convicted of a second | 0022| violent sexual offense, and each violent sexual offense | 0023| conviction is part of a separate transaction or occurrence, and | 0024| at least the second violent sexual offense conviction is in New | 0025| Mexico, the defendant shall, in addition to the punishment | 0001| imposed for the second violent sexual offense conviction, be | 0002| punished by a sentence of life imprisonment. The life | 0003| imprisonment sentence shall be subject to parole pursuant to | 0004| the provisions of Section 31-21-10 NMSA 1978. | 0005| B. Notwithstanding the provisions of Subsection A | 0006| of this section, when a defendant is convicted of a second | 0007| violent sexual offense, and each violent sexual offense | 0008| conviction is part of a separate transaction or occurrence, and | 0009| the victim of each violent sexual offense was less than | 0010| thirteen years of age at the time of the offense, and at least | 0011| the second violent sexual offense conviction is in New Mexico, | 0012| the defendant shall be punished by a sentence of life | 0013| imprisonment without the possibility of parole. | 0014| ~~[B.]~~ C. The sentence of life imprisonment shall | 0015| be imposed after a sentencing hearing, separate from the trial | 0016| or guilty plea proceeding resulting in the second violent | 0017| sexual offense conviction, pursuant to the provisions of | 0018| Section 31-18-26 NMSA 1978. | 0019| ~~[C.]~~ D. For the purposes of this section, a | 0020| violent sexual offense conviction incurred by a defendant | 0021| before he reaches the age of eighteen shall not count as a | 0022| violent sexual offense conviction. | 0023| ~~[D.]~~ E. When a defendant has a felony | 0024| conviction from another state, the felony conviction shall be | 0025| considered a violent sexual offense for the purposes of the | 0001| Criminal Sentencing Act if the crime would be considered a | 0002| violent sexual offense in New Mexico. | 0003| ~~[E.]~~ F. As used in the Criminal Sentencing Act, | 0004| "violent sexual offense" means: ~~[criminal sexual penetration~~ | 0005| ~~in the first or second degree, as provided in Subsection C or D~~ | 0006| ~~of Section 30-9-11 NMSA 1978]~~ | 0007| (1) criminal sexual penetration in the first | 0008| degree, as provided in Subsection C of Section 30-9-11 NMSA | 0009| 1978; | 0010| (2) criminal sexual penetration in the second | 0011| degree, as provided in Subsection D of Section 30-9-11 NMSA | 0012| 1978; or | 0013| (3) criminal sexual contact of a minor in the | 0014| third degree, as provided in Subsection A of Section 30-9-13 | 0015| NMSA 1978." | 0016| Section 2. Section 31-21-10 NMSA 1978 (being Laws 1980, | 0017| Chapter 28, Section 1, as amended) is amended to read: | 0018| "31-21-10. PAROLE AUTHORITY AND PROCEDURE.-- | 0019| A. An inmate of an institution who was sentenced to | 0020| life imprisonment as the result of the commission of a capital | 0021| felony, who was convicted of three violent felonies and | 0022| sentenced pursuant to Sections 31-18-23 and 31-18-24 NMSA 1978 | 0023| or who was convicted of two violent sexual offenses and | 0024| sentenced pursuant to ~~[Sections 31-18-25 and 31-18-26 NMSA~~ | 0025| ~~1978]~~ Subsection A of Section 31-18-25 NMSA 1978 and Section | 0001| 31-18-26 NMSA 1978 becomes eligible for a parole hearing after | 0002| he has served thirty years of his sentence. Before ordering | 0003| the parole of an inmate sentenced to life imprisonment, the | 0004| board shall: | 0005| (1) interview the inmate at the institution | 0006| where he is committed; | 0007| (2) consider all pertinent information | 0008| concerning the inmate, including: | 0009| (a) the circumstances of the offense; | 0010| (b) mitigating and aggravating | 0011| circumstances; | 0012| (c) whether a deadly weapon was used in | 0013| the commission of the offense; | 0014| (d) whether the inmate is a habitual | 0015| offender; | 0016| (e) the reports filed under Section | 0017| 31-21-9 NMSA 1978; and | 0018| (f) the reports of such physical and | 0019| mental examinations as have been made while in prison; | 0020| (3) make a finding that a parole is in the | 0021| best interest of society and the inmate; and | 0022| (4) make a finding that the inmate is able and | 0023| willing to fulfill the obligations of a law-abiding citizen. | 0024| If parole is denied, the inmate sentenced to life | 0025| imprisonment shall again become entitled to a parole hearing at | 0001| two-year intervals. The board may, on its own motion, reopen | 0002| any case in which a hearing has already been granted and parole | 0003| denied. | 0004| B. Unless the board finds that it is in the best | 0005| interest of society and the parolee to reduce the period of | 0006| parole, a person who was convicted of a capital felony shall be | 0007| required to undergo a minimum period of parole of five years. | 0008| During the period of parole, the person shall be under the | 0009| guidance and supervision of the board. | 0010| C. An inmate who was convicted of a first, second | 0011| or third degree felony and who has served the sentence of | 0012| imprisonment imposed by the court in a corrections facility | 0013| designated by the corrections department shall be required to | 0014| undergo a two-year period of parole. An inmate who was | 0015| convicted of a fourth degree felony and who has served the | 0016| sentence of imprisonment imposed by the court in a corrections | 0017| facility designated by the corrections department shall be | 0018| required to undergo a one-year period of parole. During the | 0019| period of parole, the person shall be under the guidance and | 0020| supervision of the board. | 0021| D. Every person while on parole shall remain in the | 0022| legal custody of the institution from which he was released, | 0023| but shall be subject to the orders of the board. The board | 0024| shall furnish to each inmate as a prerequisite to his release | 0025| under its supervision a written statement of the conditions of | 0001| parole that shall be accepted and agreed to by the inmate as | 0002| evidenced by his signature affixed to a duplicate copy to be | 0003| retained in the files of the board. The board shall also | 0004| require as a prerequisite to release the submission and | 0005| approval of a parole plan. If an inmate refuses to affix his | 0006| signature to the written statement of the conditions of his | 0007| parole or does not have an approved parole plan, he shall not | 0008| be released and shall remain in the custody of the corrections | 0009| facility in which he has served his sentence, excepting parole, | 0010| until such time as the period of parole he was required to | 0011| serve, less meritorious deductions, if any, expires, at which | 0012| time he shall be released from that facility without parole, or | 0013| until such time that he evidences his acceptance and agreement | 0014| to the conditions of parole as required or receives approval | 0015| for his parole plan or both. Time served from the date that an | 0016| inmate refuses to accept and agree to the conditions of parole | 0017| or fails to receive approval for his parole plan shall reduce | 0018| the period, if any, to be served under parole at a later date. | 0019| If the district court has ordered that the inmate make | 0020| restitution to a victim as provided in Section 31-17-1 NMSA | 0021| 1978, the board shall include restitution as a condition of | 0022| parole. The board shall also personally apprise the inmate of | 0023| the conditions of parole and his duties relating thereto. | 0024| E. When a person on parole has performed the | 0025| obligations of his release for the period of parole provided in | 0001| this section, the board shall make a final order of discharge | 0002| and issue him a certificate of discharge. | 0003| F. Pursuant to the provisions of Section 31-18-15 | 0004| NMSA 1978, the board shall require the inmate as a condition of | 0005| parole: | 0006| (1) to pay the actual costs of his parole | 0007| services to the adult probation and parole division of the | 0008| corrections department for deposit to the corrections | 0009| department intensive supervision fund not exceeding one | 0010| thousand twenty dollars ($1,020) annually to be paid in monthly | 0011| installments of not less than fifteen dollars ($15.00) and not | 0012| more than eighty-five dollars ($85.00), subject to modification | 0013| by the adult probation and parole division on the basis of | 0014| changed financial circumstances; and | 0015| (2) to reimburse a law enforcement agency or | 0016| local crime stopper program for the amount of any reward paid | 0017| by the agency or program for information leading to his arrest, | 0018| prosecution or conviction. | 0019| G. The provisions of this section shall apply to | 0020| all inmates except geriatric, permanently incapacitated and | 0021| terminally ill inmates eligible for the medical and geriatric | 0022| parole program as provided by the Parole Board Act." | 0023| Section 3. EFFECTIVE DATE.--The effective date of the | 0024| provisions of this act is July 1, 1997. | 0025| State of New Mexico | 0001| House of Representatives | 0002| | 0003| FORTY-THIRD LEGISLATURE | 0004| FIRST SESSION, 1997 | 0005| | 0006| | 0007| February 12, 1997 | 0008| | 0009| | 0010| Mr. Speaker: | 0011| | 0012| Your JUDICIARY COMMITTEE, to whom has been referred | 0013| | 0014| HOUSE BILL 311 | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS, amended as follows: | 0018| | 0019| 1. On page 3, line 9, after the semicolon, insert the | 0020| word "or". | 0021| | 0022| 2. On page 3, line 12, strike the semicolon and the word | 0023| "or" and insert in lieu thereof a period and closing quotation | 0024| marks. | 0025| | 0001| 3. On page 3, delete lines 13 through 15., | 0002| | 0003| and thence referred to the APPROPRIATIONS AND FINANCE | 0004| COMMITTEE. | 0005| | 0006| Respectfully submitted, | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| Thomas P. Foy, Chairman | 0013| | 0014| | 0015| Adopted Not Adopted | 0016| | 0017| (Chief Clerk) (Chief Clerk) | 0018| | 0019| Date | 0020| | 0021| The roll call vote was 10 For 0 Against | 0022| Yes: 10 | 0023| Excused: King, Luna, Rios | 0024| Absent: None | 0025| | 0001| | 0002| | 0003| G:\BILLTEXT\BILLW_97\H0311 State of New Mexico | 0004| House of Representatives | 0005| | 0006| FORTY-THIRD LEGISLATURE | 0007| FIRST SESSION, 1997 | 0008| | 0009| | 0010| February 27, 1997 | 0011| | 0012| | 0013| Mr. Speaker: | 0014| | 0015| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0016| whom has been referred | 0017| | 0018| HOUSE BILL 311, as amended | 0019| | 0020| has had it under consideration and reports same with | 0021| recommendation that it DO PASS. | 0022| | 0023| Respectfully submitted, | 0024| | 0025| | 0001| | 0002| | 0003| | 0004| Max Coll, Chairman | 0005| | 0006| | 0007| Adopted Not Adopted | 0008| | 0009| (Chief Clerk) (Chief Clerk) | 0010| | 0011| Date | 0012| | 0013| The roll call vote was 16 For 0 Against | 0014| Yes: 16 | 0015| Excused: Watchman | 0016| Absent: None | 0017| | 0018| | 0019| G:\BILLTEXT\BILLW_97\H0311 | 0020| | 0021| FORTY-THIRD LEGISLATURE | 0022| FIRST SESSION, 1997 | 0023| | 0024| | 0025| March 16, 1997 | 0001| | 0002| Mr. President: | 0003| | 0004| Your JUDICIARY COMMITTEE, to whom has been referred | 0005| | 0006| HOUSE BILL 311, as amended | 0007| | 0008| has had it under consideration and reports same with | 0009| recommendation that it DO PASS. | 0010| | 0011| Respectfully submitted, | 0012| | 0013| | 0014| | 0015| | 0016| __________________________________ | 0017| Fernando R. Macias, Chairman | 0018| | 0019| | 0020| | 0021| Adopted_______________________ Not | 0022| Adopted_______________________ | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| | 0001| | 0002| Date ________________________ | 0003| | 0004| | 0005| The roll call vote was 5 For 0 Against | 0006| Yes: 5 | 0007| No: 0 | 0008| Excused: Payne, Sanchez, Tsosie | 0009| Absent: None | 0010| | 0011| | 0012| H0311JU1 |