FORTY-THIRD LEGISLATURE            HB 310/a
                        FIRST SESSION, 1997
  
  
                                                    March 7, 1997
  
  Mr. President:
  
      Your JUDICIARY COMMITTEE, to whom has been referred
  
                     HOUSE BILL 310, as amended
  
  has had it under consideration and reports same with recommendation
  that it DO PASS, amended as follows:
  
      1.  Strike House Judiciary Committee Amendments 1 and 2.
  
      2.  On page 1, lines 12 and 13, strike "PARTICIPATE IN
  COMMUNITY CORRECTIONS PROGRAMS" and insert in lieu thereof "BE
  PLACED IN COMMUNITY-BASED SETTINGS".
  
      3.  On pages 1 through 3, strike Section 1 in its entirety and
  insert in lieu thereof a new section:
  
      "Section 1.  Section 33-9-5 NMSA 1978 (being Laws 1983, Chapter
  202, Section 5, as amended) is amended to read:
  
      "33-9-5.  CRITERIA FOR APPLICATIONS.--
  
          A.  Counties, municipalities or private organizations,
  individually or jointly, may apply for grants from the fund,
  including grants for counties or municipalities to purchase
  contractual services from private organizations, provided that:
  
               (1)  the application is for funding a program with
  priority use being for criminal offenders selected pursuant to the
  provisions of Section 33-9-7 NMSA 1978;
  
               (2)  the applicant certifies that it is willing and
  able to operate the program according to standards provided by the
  department, which may include the negotiation of a contract between
  the offender and program staff with provisions such as deductions
  from employment income for applicable victim restitution, family
  support, room and board, savings and weekly allowance.  In addition
  to monetary restitution, to the extent practical, or if monetary
  restitution is not applicable, the contract may include provision
  for community service restitution for a specific number of hours;
  
               (3)  the applicant demonstrates the support of key
  components of the criminal justice system;
  
               (4)  the applicant, if a private organization,
  demonstrates the support of the county and municipality where the
  program will provide services;
  
               (5)  the applicant certifies that it will utilize
  volunteer services as an integral portion of the program to the
  maximum extent feasible; and
  
               (6)  no class A county as defined in Section
  4-44-1 NMSA 1978, alone or in conjunction with any municipality
  within a class A county, shall receive more than forty-nine percent
  of any money appropriated to the fund.
  
          B.  Notwithstanding the provisions of Subsection A of this
  section:
  
               (1)  the department may utilize the fund to place
  individuals eligible [or within twelve months of eligibility] for
  parole in community-based settings.  The department may also utilize
  the fund to place criminal offenders within twelve months of
  eligibility for parole in community-based settings, provided that
  the criminal offender has never been convicted of a felony offense
  involving the use of a firearm.  The adult parole board may, in its
  discretion, require participation by a criminal offender in a
  program as a condition of parole pursuant to the provisions of
  Section 31-21-10 NMSA 1978; and
  
               (2)  the department may authorize use of the fund for
  adults who are not criminal offenders with prior department
  approval, if the priority use does not result in full utilization of
  the fund or the capacity of a program, or the department may
  authorize additional programs or additional funding for existing
  programs.
  
          C.  The department may utilize not more than twenty-five
  percent of the fund to contract directly for programs, including
  programs for New Mexico Indian tribes and pueblos for diversion of
  state law offenders, or to establish programs operated by the
  department; provided, however, that the department may utilize up to
  sixty percent of the fund to operate adult community corrections
  programs if, after a reasonable effort to solicit proposals, there
  are no satisfactory proposals from a community where it is
  determined that a program is necessary or if it becomes necessary to
  cancel a program as provided in the contract.
  
          D.  The department shall establish additional guidelines
  for allocation of funds under the Adult Community Corrections Act. 
  An applicant shall retain the authority to accept or reject the
  placement of any person in a program."".
  
  
                               Respectfully submitted,
  
  
  
                               __________________________________
                               Fernando R. Macias, Chairman 
  
  
  
  Adopted_______________________   Not Adopted_______________________
            (Chief Clerk)                          (Chief Clerk)
  
  
                    Date ________________________
  
  
  The roll call vote was  5  For  0  Against
          Yes:    5
          No:     0
               Excused:     Sanchez, Tsosie, Vernon
          Absent: None
  
  
  H0310JU1                                             .1181133.1