0001| HOUSE BILL 614
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| BRETT D. JOHNSON
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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| AN ACT
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0011| RELATING TO CRIMINAL SENTENCING; REQUIRING A CAPITAL FELONY
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0012| OFFENDER OR A REPEAT SEXUAL OFFENDER TO REMAIN INCARCERATED FOR
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0013| THE ENTIRETY OF HIS NATURAL LIFE; AMENDING A SECTION OF THE
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0014| 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) is amended to read:
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0019| "31-21-10. PAROLE AUTHORITY AND PROCEDURE.--
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0020| A. An inmate of an institution who was sentenced to
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0021| life imprisonment as the result of the commission of a capital
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0022| felony [who was convicted of three violent felonies and
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sentenced pursuant to Sections 31-18-23 and 31-18-24 NMSA
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1978] or who was convicted of two violent sexual offenses and
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0025| sentenced pursuant to Sections 31-18-25 and 31-18-26 NMSA 1978
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0001| [becomes eligible for a parole hearing after he has served
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thirty years of his sentence. Before ordering the parole of an
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inmate sentenced to life imprisonment, the board shall] is
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0004| not eligible for parole and shall remain incarcerated for the
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0005| entirety of his natural life.
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0006| B. An inmate of an institution who was convicted
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0007| of three violent felonies and sentenced to life imprisonment
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0008| pursuant to the provisions of Sections 31-18-23 and 31-18-24
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0009| NMSA 1978 is eligible for a parole hearing after he has served
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0010| thirty years of his sentence. Before ordering the parole of an
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0011| inmate sentenced to life imprisonment pursuant to the
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0012| provisions of Sections 31-18-23 and 31-18-24 NMSA 1978, the
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0013| board shall:
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0014| (1) interview the inmate at the institution
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0015| where he is committed;
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0016| (2) consider all pertinent information
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0017| concerning the inmate, including:
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0018| (a) the circumstances of the [offense]
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0019| offenses;
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0020| (b) mitigating and aggravating
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0021| circumstances;
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0022| (c) whether a deadly weapon was used in
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0023| the commission of the [offense] offenses;
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0024| [(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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0002| Section
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0003| 31-21-9 NMSA 1978; and
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0004| [(f)] (e) the reports of such
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0005| physical and mental examinations as have been made while in
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0006| prison;
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0007| (3) make a finding that a parole is in the
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0008| best interest of society and the inmate; and
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0009| (4) make a finding that the inmate is able and
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0010| willing to fulfill the obligations of a law-abiding citizen.
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0011| If parole is denied, the inmate sentenced to life
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0012| imprisonment shall again become entitled to a parole hearing at
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0013| two-year intervals. The board may, on its own motion, reopen
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0014| any case in which a hearing has already been granted and parole
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0015| denied.
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0016| B. Unless the board finds that it is in the best
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0017| interest of society and the parolee to reduce the period of
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0018| parole, a person who was convicted of a capital felony shall be
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0019| required to undergo a minimum period of parole of five years.
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0020| During the period of parole, the person shall be under the
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0021| guidance and supervision of the board.]
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0022| C. An inmate who was convicted of a first, second
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0023| or third degree felony and who has served the sentence of
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0024| imprisonment imposed by the court in a corrections facility
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0025| designated by the corrections department shall be required to
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0001| undergo a two-year period of parole. An inmate who was
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0002| convicted of a fourth degree felony and who has served the
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0003| sentence of imprisonment imposed by the court in a corrections
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0004| facility designated by the corrections department shall be
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0005| required to undergo a one-year period of parole. During the
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0006| period of parole, the person shall be under the guidance and
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0007| supervision of the board.
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0008| D. Every person while on parole shall remain in the
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0009| legal custody of the institution from which he was released,
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0010| but shall be subject to the orders of the board. The board
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0011| shall furnish to each inmate as a prerequisite to his release
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0012| under its supervision a written statement of the conditions of
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0013| parole that shall be accepted and agreed to by the inmate as
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0014| evidenced by his signature affixed to a duplicate copy to be
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0015| retained in the files of the board. The board shall also
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0016| require as a prerequisite to release the submission and
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0017| approval of a parole plan. If an inmate refuses to affix his
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0018| signature to the written statement of the conditions of his
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0019| parole or does not have an approved parole plan, he shall not
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0020| be released and shall remain in the custody of the corrections
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0021| facility in which he has served his sentence, excepting parole,
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0022| until such time as the period of parole he was required to
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0023| serve, less meritorious deductions, if any, expires, at which
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0024| time he shall be released from that facility without parole, or
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0025| until such time that he evidences his acceptance and agreement
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0001| to the conditions of parole as required or receives approval
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0002| for his parole plan or both. Time served from the date that an
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0003| inmate refuses to accept and agree to the conditions of parole
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0004| or fails to receive approval for his parole plan shall reduce
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0005| the period, if any, to be served under parole at a later date.
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0006| If the district court has ordered that the inmate make
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0007| restitution to a victim as provided in Section 31-17-1 NMSA
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0008| 1978, the board shall include restitution as a condition of
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0009| parole. The board shall also personally apprise the inmate of
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0010| the conditions of parole and his duties relating thereto.
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0011| E. When a person on parole has performed the
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0012| obligations of his release for the period of parole provided in
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0013| this section, the board shall make a final order of discharge
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0014| and issue him a certificate of discharge.
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0015| F. Pursuant to the provisions of Section 31-18-15
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0016| NMSA 1978, the board shall require the inmate as a condition of
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0017| parole:
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0018| (1) to pay the actual costs of his parole
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0019| services to the adult probation and parole division of the
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0020| corrections department for deposit to the corrections
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0021| department intensive supervision fund not exceeding one
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0022| thousand twenty dollars ($1,020) annually to be paid in monthly
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0023| installments of not less than fifteen dollars ($15.00) and not
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0024| more than eighty-five dollars ($85.00), subject to modification
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0025| by the adult probation and parole division on the basis of
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0001| changed financial circumstances; and
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0002| (2) to reimburse a law enforcement agency or
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0003| local crime stopper program for the amount of any reward paid
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0004| by the agency or program for information leading to his arrest,
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0005| prosecution or conviction.
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0006| G. The provisions of this section shall apply to
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0007| all inmates except geriatric, permanently incapacitated and
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0008| terminally ill inmates eligible for the medical and geriatric
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0009| parole program as provided by the Parole Board Act."
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0010| Section 2. EFFECTIVE DATE.--The effective date of the
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0011| provisions of this act is July 1, 1997.
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0012| - 6 -
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0013|
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