0001| HOUSE BILL 1187
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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| MIMI STEWART
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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; INCREASING THE TOTAL PERIOD OF
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0012| PROBATION FOR PETTY MISDEMEANOR AND MISDEMEANOR CRIMES;
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0013| AMENDING SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 31-19-1 NMSA 1978 (being Laws 1963,
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0017| Chapter 303, Section 29-4, as amended) is amended to read:
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0018| "31-19-1. SENTENCING AUTHORITY--MISDEMEANORS--
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0019| IMPRISONMENT AND FINES--PROBATION.--
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0020| A. Where the defendant has been convicted of a crime
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0021| constituting a misdemeanor, the judge shall sentence the person
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0022| to be imprisoned in the county jail for a definite term less
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0023| than one year or to the payment of a fine of not more than one
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0024| thousand dollars ($1,000) or to both such imprisonment and fine
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0025| in the discretion of the judge.
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0001| B. Where the defendant has been convicted of a crime
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0002| constituting a petty misdemeanor, the judge shall sentence the
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0003| person to be imprisoned in the county jail for a definite term
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0004| not to exceed six months or to the payment of a fine of not
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0005| more than five hundred dollars ($500) or to both such
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0006| imprisonment and fine in the discretion of the judge.
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0007| C. When the court has deferred or suspended sentence,
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0008| it shall order the defendant placed on supervised or
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0009| unsupervised probation [for all or some portion of the period
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of deferment or suspension]. When the defendant has been
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0011| convicted of a crime constituting a misdemeanor, the total
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0012| period of probation shall not exceed two years. When the
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0013| defendant has been convicted of a crime constituting a petty
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0014| misdemeanor, the total period of probation shall not exceed one
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0015| year."
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0016| Section 2. Section 31-20-5 NMSA 1978 (being Laws 1963,
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0017| Chapter 303, Section 29-17, as amended) is amended to read:
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0018| "31-20-5. PLACING DEFENDANT ON PROBATION.--
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0019| A. When a person has been convicted of a crime for
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0020| which a sentence of imprisonment is authorized and when the
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0021| magistrate, metropolitan or district court has deferred or
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0022| suspended sentence, it shall order the defendant to be placed
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0023| on probation [for all or some portion of the period of
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deferment or suspension] if the defendant is in need of
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0025| supervision, guidance or direction that is feasible for [the
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field services division of] the corrections department to fur-
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0002|
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0003| nish [provided, however]. When the defendant has been
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0004| convicted of a crime constituting a felony, the total period
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0005| of probation [for district court] shall not exceed five years
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0006| [and the total period of probation for the magistrate or
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metropolitan courts shall be no longer than the maximum allow-
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able incarceration time for the offense or as otherwise pro-
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vided by law]. When the defendant has been convicted of a
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0012| crime constituting a misdemeanor, the total period of probation
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0013| shall not exceed two years. When the defendant has been
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0014| convicted of a crime constituting a petty misdemeanor, the
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0015| total period of probation shall not exceed one year.
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0016| B. If a defendant is required to serve a period of
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0017| probation subsequent to a period of incarceration:
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0018| (1) the period of probation shall be served
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0019| subsequent to any required period of parole, with the time
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0020| served on parole credited as time served on the period of
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0021| probation and the conditions of probation imposed by the court
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0022| deemed as additional conditions of parole; and
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0023| (2) in the event that the defendant violates any
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0024| condition of that parole, the parole board shall cause him to
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0025| be brought before it pursuant to the provisions of Section 31-
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0001| 21-14 NMSA 1978 and may make any disposition authorized
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0002| pursuant to that section and, if parole is revoked, the period
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0003| of parole served in the custody of a correctional facility
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0004| shall not be credited as time served on probation."
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0005| Section 3. Section 31-21-15 NMSA 1978 (being Laws 1963,
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0006| Chapter 301, Section 13, as amended) is amended to read:
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0007| "31-21-15. RETURN OF PROBATION VIOLATOR.--
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0008| A. At any time during probation:
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0009| (1) the court may issue a warrant for the arrest
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0010| of a probationer for violation of any of the conditions of
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0011| release. The warrant shall authorize the return of the
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0012| probationer to the custody of the court or to any suitable
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0013| detention facility designated by the court;
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0014| (2) the court may issue a notice to appear to
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0015| answer a charge of violation. The notice shall be personally
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0016| served upon the probationer; or
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0017| (3) the director may arrest a probationer
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0018| without warrant or may deputize any officer with power of
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0019| arrest to do so by giving him a written statement setting forth
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0020| that the probationer has, in the judgment of the director,
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0021| violated the conditions of his release. The written statement,
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0022| delivered with the probationer by the arresting officer to the
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0023| official in charge of a county jail or other place of
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0024| detention, is sufficient warrant for the detention of the pro-
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0025|
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0001| bationer. Upon arrest and detention, the director shall im-
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0002|
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0003| mediately notify the court and submit in writing a report
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0004| showing in what manner the probationer has violated the
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0005| conditions of release.
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0006| B. The court shall then hold a hearing, which may be
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0007| informal, on the violation charged. If the violation is
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0008| established, the court may continue the original probation or
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0009| revoke the probation and either order a new probation with any
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0010| condition provided for in Section 31-20-5 or 31-20-6 NMSA 1978
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0011| or require the probationer to serve the [balance] entirety
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0012| of the sentence imposed or any lesser sentence, less credit
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0013| for time served on probation. If imposition of sentence was
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0014| deferred, the court may impose any sentence [which] that
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0015| might originally have been imposed but credit shall be given
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0016| for time served on probation. The amount of credit given for
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0017| time served on probation shall be one day of credit for every
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0018| three days served on probation for a misdemeanor offense and
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0019| one day of credit for every one day served on probation for a
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0020| felony offense.
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0021| C. If it is found that a warrant for the return of a
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0022| probationer cannot be served, the probationer is a fugitive
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0023| from justice. After hearing upon return, if it appears that
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0024| [he] the probationer has violated the provisions of his
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0025| release, the court shall determine whether the time from the
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0001| date of violation to the date of his arrest, or any part of it,
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0002| shall be counted as time served on probation.
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0003| D. The board shall budget funds to cover expenses of
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0004| returning probationers to the court. The sheriff of the county
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0005| in which the probationer was convicted is the court's agent in
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0006| the transportation of the probationer, but the director, with
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0007| the consent of the court, may [utilize] use other state
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0008| agencies for this purpose when it is in the best interest of
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0009| the state."
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0010| Section 4. 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| State of New Mexico
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0013| House of Representatives
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0014|
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0015| FORTY-THIRD LEGISLATURE
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0016| FIRST SESSION, 1997
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0017|
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0018|
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0019| March 8, 1997
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0020|
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0021|
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0022| Mr. Speaker:
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0023|
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0024| Your JUDICIARY COMMITTEE, to whom has been referred
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0025|
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0001| HOUSE BILL 1187
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS, and thence referred to the
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0005| APPROPRIATIONS AND FINANCE COMMITTEE.
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0006|
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013|
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0014|
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0015| Thomas P. Foy, Chairman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019| (Chief Clerk)
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0020| (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 6 For 2 Against
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0025| Yes: 6
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0001| No: M.P. Garcia, Pederson
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0002| Excused: King, Luna, Mallory, Rios, Sanchez
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0003| Absent: None
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0004|
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0005|
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0006| G:\BILLTEXT\BILLW_97\H1187 State of New Mexico
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0007| House of Representatives
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0008|
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0009| FORTY-THIRD LEGISLATURE
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0010| FIRST SESSION, 1997
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0011|
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0012|
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0013| March 11, 1997
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0014|
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0015|
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0016| Mr. Speaker:
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0017|
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0018| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0019| whom has been referred
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0020|
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0021| HOUSE BILL 1187
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0022|
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0023| has had it under consideration and reports same with
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0024| recommendation that it DO PASS.
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0025|
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0001|
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0002| Respectfully submitted,
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0003|
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0004|
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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| Max Coll, Chairman
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0010|
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0011|
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0012| Adopted Not Adopted
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0013| (Chief Clerk)
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0014| (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 14 For 0 Against
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0019| Yes: 14
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0020| Excused: Heaton, Marquardt, Varela
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0021| Absent: None
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0022|
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0023|
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0024| G:\BILLTEXT\BILLW_97\H1187
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