FORTY-SECOND LEGISLATURE           HJC/HB 371
                       SECOND SESSION, 1996           AND HB 376/a
  
                                                 February 12, 1996
  
  Mr. President:
  
    Your JUDICIARY COMMITTEE, to whom has been referred
  
             HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
                       HOUSE BILLS 371 & 376
  
  has had it under consideration and reports same WITHOUT
  RECOMMENDATION, amended as follows:
  
    1.  On page 1, line 13, after the semicolon insert "REQUIRING THE
  CORRECTIONS DEPARTMENT TO IMPLEMENT A PROGRAM FOR SERIOUS YOUTHFUL
  OFFENDERS AND YOUTHFUL OFFENDERS;".
  
    2.  On page 14, line 22, after the period strike the remainder of
  the line and lines 23 through 25 in their entirety.
  
    3.  On page 15, strike lines 1 and 2 in their entirety.
  
    4.  On page 17, between lines 13 and 14 insert the following new
  section:
  
    "Section 6.  Section 33-1-4.1 NMSA 1978 (being Laws 1993, Chapter
  77, Section 230, as amended) is amended to read:
  
    "33-1-4.1.  [VULNERABLE] SERIOUS YOUTHFUL OFFENDERS AND YOUTHFUL
  OFFENDERS PROGRAM--PREVENTION OF VICTIMIZATION--REGULATIONS.--
  
     A.  The corrections department [may] shall develop and
  implement a special program for [certain male and female offenders who
  have been identified by the department as being vulnerable] serious
  youthful offenders and youthful offenders who, if not provided with a
  special program, would be vulnerable to victimization by inmates and
  subject to unusual or extraordinary mental or physical harassment,
  intimidation, harm or injury.
  
     B.  [Vulnerability shall be determined by] Placement factors
  such as age, mental health or special education needs shall be
  considered by the department.  If an offender is less than twenty-one
  years of age, there shall be a rebuttable presumption that the offender 
  
  
  
  
  
  
  
  is [vulnerable] in need of the program.  [A vulnerable offenders]
  Implementation of the program shall not result in the diminution of
  civil rights for [vulnerable offenders] serious youthful offenders,
  youthful offenders or offenders less than twenty-one years of age.
  
     C.  The department shall adopt regulations regarding the
  operation of the program for serious youthful offenders and youthful
  offenders, including regulations concerning when an offender may be
  discharged from the program."
  
    4.  Renumber the following section accordingly,
  
  and thence referred to the PUBLIC AFFAIRS COMMITTEE.
  
                    Respectfully submitted,
  
  
  
                    _________________________________
                    Janice D. Paster, Chairman 
  
  
  Adopted_______________________   Not Adopted______________________
            (Chief Clerk)                            (Chief Clerk)
  
  
                    Date ________________________
  
  
  The roll call vote was  4  For  2  Against
  Yes:  4
  No:     Stefanics, Tsosie
  Excused:   None
  Absent: Carraro, Cisneros, Scott
  
  
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