0001| SENATE BILL 805
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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| DON KIDD
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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 JUSTICE; MERGING THE PAROLE BOARD AND THE
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0013| JUVENILE PAROLE BOARD; AMENDING, REPEALING AND ENACTING SECTIONS
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0014| 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 9-3-11 NMSA 1978 (being Laws 1977,
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0018| Chapter 257, Section 12) is amended to read:
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0019| "9-3-11. ADMINISTRATIVE ATTACHMENT.--
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0020| A. The following entities are administratively
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0021| attached to the corrections department:
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0022| (1) the [adult] parole board;
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0023| (2) the governor's organized crime prevention
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0024| commission; and
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0025| (3) the public defender department.
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0001| B. All powers and duties vested in the entities
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0002| enumerated in this section shall remain unamended by the
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0003| provisions of the [Criminal Justice] Corrections Department
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0004| Act."
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0005| Section 2. Section 31-21-22 NMSA 1978 (being Laws 1975,
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0006| Chapter 194, Section 1) is amended to read:
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0007| "31-21-22. SHORT TITLE.--Sections [1 through 5 of this
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act] 31-21-22 through 31-21-26 NMSA 1978 may be cited as the
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0009| "Parole Board Act"."
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0010| Section 3. Section 31-21-23 NMSA 1978 (being Laws 1975,
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0011| Chapter 194, Section 2) is amended to read:
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0012| "31-21-23. PURPOSE.--The purpose of the Parole Board Act
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0013| is to create a full-time professional, salaried parole board to
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0014| carry out adult and child parole duties."
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0015| Section 4. Section 31-21-25 NMSA 1978 (being Laws 1975,
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0016| Chapter 194, Section 4, as amended) is amended to read:
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0017| "31-21-25. POWERS AND DUTIES OF THE BOARD.--
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0018| A. The board shall have the powers and duties of the
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0019| former state board of probation and parole pursuant to Sections
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0020| 31-21-6 and 31-21-10 through 31-21-17 NMSA 1978 and the former
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0021| juvenile parole board pursuant to the Children's Code and
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0022| [such] additional powers and duties relating to [the] parole
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0023| [of adults] as are [hereinafter] enumerated in the Parole
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0024| Board Act.
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0025| B. The board shall have the following powers and
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0001| duties to:
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0002| (1) grant, deny or revoke parole;
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0003| (2) conduct or cause to be conducted [such]
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0004| investigations, examinations, interviews, hearings and other
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0005| proceedings as may be necessary for the effectual discharge of
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0006| the duties of the board;
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0007| (3) summon witnesses, books, papers, reports,
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0008| documents or tangible things and administer oaths as may be
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0009| necessary for the effectual discharge of the duties of the
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0010| board;
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0011| (4) maintain records of its acts, decisions and
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0012| orders and notify each corrections facility of its decisions
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0013| relating to persons who are or have been confined therein and
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0014| notify any agency affected by its decision;
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0015| (5) adopt an official seal of which the courts
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0016| shall take judicial notice;
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0017| (6) employ [such] officers, agents,
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0018| assistants and other employees as may be necessary for the
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0019| effectual discharge of the duties of the board;
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0020| (7) contract for services, supplies, equipment,
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0021| office space and [such] other provisions as may be necessary
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0022| for the effectual discharge of the duties of the board; and
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0023| (8) adopt [such] rules and regulations as may
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0024| be necessary for the effectual discharge of the duties of the
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0025| board.
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0001| C. The board shall provide a prisoner or parolee
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0002| with a written statement of the reason or reasons for denying or
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0003| revoking parole.
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0004| D. The board shall adopt a written policy specifying
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0005| the criteria to be considered by the board in determining
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0006| whether to grant, deny or revoke parole or to discharge a
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0007| parolee.
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0008| E. At least thirty days before ordering parole of a
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0009| child, the board shall notify the children's court judge of the
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0010| judicial district from which legal custody of the child was
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0011| transferred. The judge may express his views on the child's
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0012| prospective parole, either in writing or personally, to the
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0013| board, but the final parole decision shall be that of the board.
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0014| A copy of the final parole decision shall be filed with the
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0015| court of original jurisdiction. In the event venue has been
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0016| transferred, a copy of the board's decision shall also be filed
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0017| with the children's court to which venue has been transferred.
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0018| F. Before ordering parole of a child, the board
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0019| shall personally interview the child. The board shall furnish
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0020| to each child paroled a written statement of the conditions of
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0021| parole, which conditions shall be acknowledged by the child and
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0022| his parent, custodian or guardian.
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0023| G. The board shall provide the child and his
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0024| parent, custodian or guardian with a written statement of the
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0025| reason for denying parole within forty-eight hours after the
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0001| hearing."
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0002| Section 5. A new section of the Parole Board Act is
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0003| enacted to read:
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0004| "[NEW MATERIAL] DEFINITIONS.--As used in the Parole
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0005| Board Act:
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0006| A. "adult" means a person eighteen years of age or
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0007| older;
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0008| B. "board" means the parole board; and
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0009| C. "child" means a person less than eighteen years
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0010| of age."
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0011| Section 6. A new section of the Parole Board Act is
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0012| enacted to read:
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0013| "[NEW MATERIAL] PAROLE ELIGIBILITY FOR CHILDREN.--
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0014| A. A child is eligible to appear before the board
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0015| forty days after the entry of a judgment transferring legal
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0016| custody to an agency for the care and rehabilitation of
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0017| delinquent children, unless recommended for an earlier
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0018| appearance by the agency responsible for the care and
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0019| rehabilitation.
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0020| B. In the event parole is denied, the child shall be
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0021| eligible for review sixty days after parole is denied.
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0022| C. The board may review the case of any child upon
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0023| its own motion at any time after parole is denied.
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0024| D. The provisions of this 1996 act apply to all
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0025| children who, on the effective date of this 1996 act, are on
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0001| parole or eligible to be placed on parole with the same effect
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0002| as if this 1996 act had been in effect at the time they were
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0003| placed on parole or became eligible to be placed on parole."
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0004| Section 7. A new section of the Parole Board Act is
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0005| enacted to read:
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0006| "[NEW MATERIAL] ACCESS.--The board shall have access at
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0007| all reasonable times to any child over whom the board has
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0008| jurisdiction and any records pertaining to the child. The
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0009| agency to which legal custody was transferred shall also provide
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0010| the board with facilities appropriate for communicating with and
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0011| interviewing children."
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0012| Section 8. TEMPORARY PROVISION--TRANSFERS OF PROPERTY--CONTRACTS--REFERENCES.--On the effective date of this act,
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0013| functions, personnel, money, appropriations, records, furniture,
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0014| equipment, supplies and other property of the juvenile parole
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0015| board shall be transferred to the parole board. All contracts
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0016| and other agreements of the juvenile parole board shall be
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0017| binding on the parole board. References in the law to the
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0018| juvenile parole board or the adult parole board shall be
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0019| construed as references to the parole board.
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0020| Section 9. REPEAL.--Sections 9-2A-5 and 32A-7-1 through
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0021| 32A-7-9 NMSA 1978 (being Laws 1992, Chapter 57, Section 5 and
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0022| Laws 1993, Chapter 77, Sections 194 through 202) are repealed.
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0023| Section 10. EFFECTIVE DATE.--The effective date of the
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0024| provisions of this act is July 1, 1996.
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0025| - 6 -
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0001|
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0002| FORTY-SECOND LEGISLATURE
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0003| SECOND SESSION, 1996
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0004|
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0005|
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0006| FEBRUARY 9, 1996
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0007|
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0008| Mr. President:
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0009|
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0010| Your COMMITTEES' COMMITTEE, to whom has been referred
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0011|
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0012| SENATE BILL 805
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0013|
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0014| has had it under consideration and finds same to be GERMANE,
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0015| PURSUANT TO HOUSE EXECUTIVE MESSAGE NUMBER 34 and thence referred to the
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0016| JUDICIARY COMMITTEE.
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0017|
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0018| Respectfully submitted,
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0019|
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0020|
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0021|
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0022|
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0023| __________________________________
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0024| SENATOR MANNY M. ARAGON, Chairman
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0025|
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0001|
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0002|
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0003| Adopted_______________________ Not Adopted_______________________
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006|
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0007| Date ________________________
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0008|
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0009|
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0010|
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0011| S0805CC1
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