0001| HOUSE BILL 453
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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| RITA G. GETTY
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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; PROVIDING THAT CERTAIN
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0012| CRIMINAL OFFENDERS BE SENTENCED TO LIFE IMPRISONMENT WITHOUT
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0013| THE POSSIBILITY OF PAROLE; PROVIDING THAT PRISONERS SENTENCED
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0014| TO LIFE WITHOUT PAROLE SHALL BE CONFINED TO PRISON AND SHALL
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0015| NOT BE ELIGIBLE FOR SENTENCE SUSPENSION OR DEFERRAL OR FOR
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0016| MERITORIOUS DEDUCTION, INMATE RELEASE OR COMMUNITY RELEASE
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0017| PROGRAMS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. A new section of the Criminal Code is enacted
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0021| to read:
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0022| "[NEW MATERIAL] LIFE IMPRISONMENT WITHOUT THE
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0023| POSSIBILITY OF PAROLE--PRISON CONFINEMENT.--An inmate of an
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0024| institution who is sentenced to life imprisonment without the
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0025| possibility of parole shall never be eligible for a sentence
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0001| suspension or deferral or to leave the physical confines of a
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0002| prison pursuant to any program, including an inmate release,
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0003| community release or work release program, that may be
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0004| available to other prison inmates."
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0005| Section 2. Section 31-18-23 NMSA 1978 (being Laws 1994,
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0006| Chapter 24, Section 2, as amended) is amended to read:
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0007| "31-18-23. THREE VIOLENT FELONY CONVICTIONS--MANDATORY
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0008| LIFE IMPRISONMENT--EXCEPTION.--
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0009| A. When a defendant is convicted of a third violent
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0010| felony, and each violent felony conviction is part of a
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0011| separate transaction or occurrence, and at least the third
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0012| violent felony conviction is in New Mexico, the defendant
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0013| shall, [in addition to the sentence imposed for the third
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violent conviction when that sentence does not result in
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death] when the sentence imposed for the third violent
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0016| conviction does not result in death, be punished by a sentence
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0017| of life imprisonment [The life imprisonment sentence shall be
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subject to parole pursuant to the provisions of Section 31-21-
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10 NMSA 1978] without the possibility of parole.
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0020| B. The sentence of life imprisonment shall be
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0021| imposed after a sentencing hearing, separate from the trial or
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0022| guilty plea proceeding resulting in the third violent felony
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0023| conviction, pursuant to the provisions of Section 31-18-24 NMSA
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0024| 1978.
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0025| C. For the purpose of this section, a violent
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0001| felony conviction incurred by a defendant before he reaches the
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0002| age of eighteen shall not count as a violent felony conviction.
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0003| D. When a defendant has a felony conviction from
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0004| another state, the felony conviction shall be considered a
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0005| violent felony for the purposes of the Criminal Sentencing Act
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0006| if that crime would be considered a violent felony in New
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0007| Mexico.
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0008| E. As used in the Criminal Sentencing Act:
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0009| (1) "great bodily harm" means an injury to the
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0010| person that creates a high probability of death or that causes
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0011| serious disfigurement or that results in permanent loss or
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0012| impairment of the function of any member or organ of the body;
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0013| and
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0014| (2) "violent felony" means:
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0015| (a) murder in the first or second
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0016| degree, as provided in Section 30-2-1 NMSA 1978;
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0017| (b) shooting at or from a motor vehicle
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0018| resulting in great bodily harm, as provided in Subsection B of
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0019| Section 30-3-8 NMSA 1978;
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0020| (c) kidnapping resulting in great bodily
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0021| harm inflicted upon the victim by his captor, as provided in
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0022| Subsection B of Section 30-4-1 NMSA 1978; [and]
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0023| (d) criminal sexual penetration, as
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0024| provided in Subsection C or Paragraph (5) or (6) of Subsection
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0025| D of Section 30-9-11 NMSA 1978; and
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0001| (e) robbery while armed with a deadly
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0002| weapon resulting in great bodily harm as provided in Section
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0003| 30-16-2 NMSA 1978 and Subsection A of Section 30-1-12 NMSA
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0004| 1978."
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0005| Section 3. Section 31-18-25 NMSA 1978 (being Laws 1996,
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0006| Chapter 79, Section 1) is amended to read:
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0007| "31-18-25. TWO VIOLENT SEXUAL OFFENSE CONVICTIONS--
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0008| MANDATORY LIFE IMPRISONMENT--EXCEPTION.--
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0009| A. When a defendant is convicted of a second
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0010| violent sexual offense, and each violent sexual offense
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0011| conviction is part of a separate transaction or occurrence, and
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0012| at least the second violent sexual offense conviction is in New
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0013| Mexico, the defendant shall [in addition to the punishment
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imposed for the second violent sexual offense conviction] be
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0015| punished by a sentence of life imprisonment [The life
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imprisonment sentence shall be subject to parole pursuant to
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the provisions of Section 31-21-10 NMSA 1978] without the
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0018| possibility of parole.
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0019| B. The sentence of life imprisonment shall be
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0020| imposed after a sentencing hearing, separate from the trial or
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0021| guilty plea proceeding resulting in the second violent sexual
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0022| offense conviction, pursuant to the provisions of Section
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0023| 31-18-26 NMSA 1978.
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0024| C. For the purposes of this section, a violent
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0025| sexual offense conviction incurred by a defendant before he
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0001| reaches the age of eighteen shall not count as a violent sexual
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0002| offense conviction.
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0003| D. When a defendant has a felony conviction from
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0004| another state, the felony conviction shall be considered a
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0005| violent sexual offense for the purposes of the Criminal
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0006| Sentencing Act if the crime would be considered a violent
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0007| sexual offense in New Mexico.
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0008| E. As used in the Criminal Sentencing Act, "violent
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0009| sexual offense" means criminal sexual penetration in the first
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0010| or second degree, as provided in Subsection C or D of Section
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0011| 30-9-11 NMSA 1978."
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0012| Section 4. Section 31-20-3 NMSA 1978 (being Laws 1963,
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0013| Chapter 303, Section 29-15, as amended) is amended to read:
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0014| "31-20-3. ORDER DEFERRING OR SUSPENDING SENTENCE--
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0015| DIAGNOSTIC COMMITMENT.--Upon entry of a judgment of conviction
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0016| of any crime not constituting a capital [or] felony, a
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0017| first degree felony or a felony that requires a sentence of
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0018| life imprisonment without the possibility of parole, any court
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0019| having jurisdiction, when it is satisfied that the ends of
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0020| justice and the best interest of the public as well as the
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0021| defendant will be served thereby, may either:
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0022| A. enter an order deferring the imposition of
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0023| sentence;
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0024| B. sentence the defendant and enter an order
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0025| suspending in whole or in part the execution of the sentence;
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0001| or
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0002| C. commit the convicted person, if convicted of a
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0003| felony and not committed for diagnostic purposes within the
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0004| twelve-month period immediately preceding that conviction, to
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0005| the [department of] corrections department for an
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0006| indeterminate period not to exceed sixty days for purposes of
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0007| diagnosis, with direction that the court be given a report when
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0008| the diagnosis is complete as to what disposition appears best
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0009| when the interest of the public and the individual are
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0010| evaluated."
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0011| Section 5. Section 31-20A-3 NMSA 1978 (being Laws 1979,
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0012| Chapter 150, Section 4) is amended to read:
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0013| "31-20A-3. COURT SENTENCING.--In a jury sentencing
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0014| proceeding in which the jury unanimously finds beyond a
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0015| reasonable doubt and specifies at least one of the aggravating
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0016| circumstances enumerated in Section [6 of this act] 31-20A-5
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0017| NMSA 1978, and unanimously specifies the sentence of death
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0018| pursuant to Section [3 of this act] 31-20A-2 NMSA 1978, the
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0019| court shall sentence the defendant to death. Where a sentence
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0020| of death is not unanimously specified, or the jury does not
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0021| make the required finding, or the jury is unable to reach a
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0022| unanimous verdict, the court shall sentence the defendant to
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0023| life imprisonment without the possibility of parole. In a
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0024| nonjury sentencing proceeding and in cases involving a plea of
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0025| guilty, where no jury has been demanded, the judge shall
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0001| determine and impose the sentence, but he shall not impose the
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0002| sentence of death except upon a finding beyond a reasonable
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0003| doubt and specification of at least one of the aggravating
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0004| circumstances enumerated in Section [6 of this act] 31-20A-5
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0005| NMSA 1978."
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0006| Section 6. Section 31-21-10 NMSA 1978 (being Laws 1980,
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0007| Chapter 28, Section 1, as amended) is amended to read:
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0008| "31-21-10. PAROLE AUTHORITY AND PROCEDURE.--
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0009| A. An inmate of an institution who was sentenced to
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0010| life imprisonment is not eligible for parole if he:
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0011| (1) was sentenced as the result of the
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0012| commission of a capital felony;
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0013| (2) [who] was convicted of three violent
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0014| felonies and sentenced pursuant to Sections 31-18-23 and
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0015| 31-18-24 NMSA 1978; or
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0016| (3) [who] was convicted of two violent
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0017| sexual offenses and sentenced pursuant to Sections 31-18-25 and
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0018| 31-18-26 NMSA 1978. [becomes eligible for a parole. hearing
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after he has served thirty years of his sentence. Before
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ordering the parole of an inmate sentenced to life
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imprisonment, the board shall:
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(1) interview the inmate at the institution
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where he is committed;
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(2) consider all pertinent information
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concerning the inmate, including:
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(a) the circumstances of the offense;
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(b) mitigating and aggravating
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circumstances;
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(c) whether a deadly weapon was used in
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the commission of the offense;
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(d) whether the inmate is a habitual
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offender;
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(e) the reports filed under Section
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31-21-9 NMSA 1978; and
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(f) the reports of such physical and
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mental examinations as have been made while in prison;
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(3) make a finding that a parole is in the
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best interest of society and the inmate; and
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(4) make a finding that the inmate is able and
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willing to fulfill the obligations of a law-abiding citizen.
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If parole is denied, the inmate sentenced to life
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imprisonment shall again become entitled to a parole hearing at
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two-year intervals. The board may, on its own motion, reopen
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any case in which a hearing has already been granted and parole
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denied.
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B. Unless the board finds that it is in the best
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interest of society and the parolee to reduce the period of
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parole, a person who was convicted of a capital felony shall be
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required to undergo a minimum period of parole of five years.
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During the period of parole, the person shall be under the
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guidance and supervision of the board.
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C.] B. An inmate who was convicted of a first,
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0003| second or third degree felony and who has served the sentence
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0004| of imprisonment imposed by the court in a corrections facility
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0005| designated by the corrections department shall be required to
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0006| undergo a two-year period of parole. An inmate who was
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0007| convicted of a fourth degree felony and who has served the
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0008| sentence of imprisonment imposed by the court in a corrections
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0009| facility designated by the corrections department shall be
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0010| required to undergo a one-year period of parole. During the
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0011| period of parole, the person shall be under the guidance and
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0012| supervision of the board.
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0013| [D.] C. Every person while on parole shall
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0014| remain in the legal custody of the institution from which he
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0015| was released, but shall be subject to the orders of the board.
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0016| The board shall furnish to each inmate as a prerequisite to his
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0017| release under its supervision a written statement of the
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0018| conditions of parole that shall be accepted and agreed to by
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0019| the inmate as evidenced by his signature affixed to a duplicate
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0020| copy to be retained in the files of the board. The board shall
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0021| also require as a prerequisite to release the submission and
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0022| approval of a parole plan. If an inmate refuses to affix his
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0023| signature to the written statement of the conditions of his
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0024| parole or does not have an approved parole plan, he shall not
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0025| be released and shall remain in the custody of the corrections
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0001| facility in which he has served his sentence, excepting parole,
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0002| until such time as the period of parole he was required to
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0003| serve, less meritorious deductions, if any, expires, at which
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0004| time he shall be released from that facility without parole, or
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0005| until such time that he evidences his acceptance and agreement
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0006| to the conditions of parole as required or receives approval
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0007| for his parole plan or both. Time served from the date that an
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0008| inmate refuses to accept and agree to the conditions of parole
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0009| or fails to receive approval for his parole plan shall reduce
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0010| the period, if any, to be served under parole at a later date.
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0011| If the district court has ordered that the inmate make
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0012| restitution to a victim as provided in Section 31-17-1 NMSA
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0013| 1978, the board shall include restitution as a condition of
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0014| parole. The board shall also personally apprise the inmate of
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0015| the conditions of parole and his duties relating thereto.
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0016| [E.] D. When a person on parole has performed
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0017| the obligations of his release for the period of parole
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0018| provided in this section, the board shall make a final order of
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0019| discharge and issue him a certificate of discharge.
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0020| [F.] E. Pursuant to the provisions of Section
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0021| 31-18-15 NMSA 1978, the board shall require the inmate as a
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0022| condition of parole:
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0023| (1) to pay the actual costs of his parole
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0024| services to the adult probation and parole division of the
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0025| corrections department for deposit to the corrections
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0001| department intensive supervision fund not exceeding one
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0002| thousand twenty dollars ($1,020) annually to be paid in monthly
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0003| installments of not less than fifteen dollars ($15.00) and not
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0004| more than eighty-five dollars ($85.00), subject to modification
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0005| by the adult probation and parole division on the basis of
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0006| changed financial circumstances; and
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0007| (2) to reimburse a law enforcement agency or
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0008| local crime stopper program for the amount of any reward paid
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0009| by the agency or program for information leading to his arrest,
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0010| prosecution or conviction.
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0011| [G.] F. The provisions of this section shall
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0012| apply to all inmates except geriatric, permanently
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0013| incapacitated and terminally ill inmates eligible for the
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0014| medical and geriatric parole program as provided by the Parole
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0015| Board Act."
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0016| Section 7. Section 33-2-34 NMSA 1978 (being Laws 1978,
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0017| Chapter 40, Section 1, as amended) is amended to read:
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0018| "33-2-34. MERITORIOUS DEDUCTIONS.--
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0019| A. Any inmate confined in the penitentiary of New
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0020| Mexico or other institution or reintegration program designated
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0021| by the corrections department for the confinement of adult
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0022| criminal offenders may be awarded a meritorious deduction of
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0023| thirty days per month upon recommendation of the classification
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0024| committee and approval of the warden; provided that an inmate
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0025| who:
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0001| (1) is sentenced to life imprisonment without
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0002| the possibility of parole shall not be eligible for meritorious
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0003| deductions;
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0004| [(1)] (2) disobeys an order to perform
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0005| labor pursuant to Section 33-8-4 NMSA 1978 shall not be
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0006| eligible for meritorious deductions;
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0007| [(2)] (3) is in disciplinary segregation
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0008| shall not be eligible for meritorious deductions;
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0009| [(3)] (4) is within his first sixty days
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0010| of receipt by the department shall not be eligible for
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0011| meritorious deductions; or
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0012| [(4)] (5) is not engaged in programs
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0013| recommended and approved for him by the classification
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0014| committee shall not be eligible for meritorious deductions.
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0015| Programs include but are not limited to education, work,
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0016| counseling and the like.
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0017| The corrections department may award meritorious de-
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0018|
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0019| ductions to New Mexico inmates confined in federal and out-of-
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0020| state
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0021| corrections facilities on the basis of inmate conduct reports
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0022| [which] that shall be furnished by those facilities on a
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0023| periodic basis.
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0024| B. An inmate whose record of conduct shows that he
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0025| has performed exceptionally meritorious service and whose
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0001| record of conduct shows that he has otherwise faithfully
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0002| observed the rules of the institution may be eligible for a
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0003| lump sum good time award, not to exceed one year per award and
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0004| not to exceed a total of one year for all lump sum good time
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0005| awards awarded in any consecutive twelve-month period, which
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0006| may be deducted from the length of the sentence then remaining
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0007| unserved. Exceptionally meritorious service shall include
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0008| heroic acts of saving life or property, but shall not include
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0009| acts in performance of normal work duties or program as-
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0010|
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0011| signments. The classification committee and the warden may
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0012| recommend the number of days to be awarded in each case based
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0013| upon the particular merits, but any award shall be determined
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0014| by the director of adult institutions. Allowance for excep-
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0015|
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0016| tionally meritorious service shall be in addition to the
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0017| meritorious deduction provided for in Subsection A of this sec-
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0018|
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0019| tion, and in the event two or more consecutive sentences are
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0020| being served, the aggregate of the several sentences shall be
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0021| the basis upon which the deduction shall be computed.
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0022| C. The meritorious deductions provided for in
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0023| Subsections A and B of this section shall pertain to both the
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0024| basic sentence to be served and any enhanced term of
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0025| imprisonment pursuant to the provisions of the Criminal
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0001| Sentencing Act. For inmates convicted of crimes committed on
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0002| or after the effective date of this 1988 act, meritorious
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0003| deductions of up to ninety days per occurrence shall be
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0004| permanently forfeited upon recommendation of the classification
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0005| committee and approval of the warden if the inmate does not
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0006| properly maintain the standard upon which the award was based.
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0007| For those inmates, permanent forfeitures in excess of ninety
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0008| days may be made upon approval of the director of adult
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0009| institutions. For inmates convicted of crimes committed prior
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0010| to the effective date of this 1988 act, meritorious deduc-
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0011|
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0012| tions may be terminated upon recommendation of the
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0013| classification committee and approval of the warden if the
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0014| inmate does not properly maintain the standard upon which the
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0015| award was based; provided that no inmate shall forfeit more
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0016| than fifty percent of his meritorious deductions accrued during
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0017| the previous twelve months; and further provided that after
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0018| forfeiture of any portion of an inmate's accrued meritorious
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0019| deductions, the remainder shall vest and shall not be subject
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0020| to further forfeiture.
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0021| D. The corrections department shall promulgate
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0022| rules and regulations for the implementation and determination
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0023| of meritorious deductions pursuant to this section, and the
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0024| rules or regulations shall be matters of public record. A
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0025| concise summary of the rules and regulations shall be provided
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0001| to every inmate, and every inmate shall receive a quarterly
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0002| statement of his accrued meritorious deductions."
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0003| Section 8. Section 33-2-44 NMSA 1978 (being Laws 1969,
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0004| Chapter 166, Section 2, as amended) is amended to read:
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0005| "33-2-44. INMATE-RELEASE PROGRAM--STANDARDS FOR
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0006| PARTICIPATION.--The [superintendent] warden may, under the
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0007| inmate-release program and at the request of a prisoner, extend
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0008| the limits of confinement beyond the penitentiary of New
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0009| Mexico by authorizing the prisoner to work at paid employment
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0010| in private business or in public employment or to attend a
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0011| school while continuing as a prisoner, if the prisoner:
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0012| A. is a trusty or a minimum-custody inmate;
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0013| B. has physical and mental ability to fully perform
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0014| the proposed assignment consistent with his capacities and free
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0015| from any out-patient care that would interfere with full
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0016| performance;
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0017| C. is not afflicted with any serious emotional or
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0018| personality defect;
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0019| D. has not been sentenced to life imprisonment
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0020| without the possibility of parole, convicted of a crime
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0021| involving assaultive sexual conduct [nor] or violence to a
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0022| child, nor has been linked with organized criminal activity;
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0023| and
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0024| E. would not, in the opinion of the
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0025| [superintendent] warden, be likely to evoke an adverse
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0001| public reaction by his presence in the community."
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0002| Section 9. Section 33-9-7 NMSA 1978 (being Laws 1983,
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0003| Chapter 202, Section 7, as amended) is amended to read:
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0004| "33-9-7. STATE SELECTION PANEL.--
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0005| A. The department shall establish a state panel
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0006| whose duties shall be to immediately screen and identify
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0007| criminal offenders sentenced to imprisonment in a correctional
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0008| facility of the department, except individuals sentenced or
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0009| transferred from a judicial district [which] that has
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0010| established a local panel to exercise these duties pursuant to
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0011| the provisions of Section 33-9-8 NMSA 1978, who meet the
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0012| following criteria:
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0013| (1) the offender has not been sentenced to
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0014| life imprisonment without the possibility of parole;
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0015| [(1)] (2) the crime involved is one for
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0016| which community service or reasonable restitution may be made
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0017| using a payment schedule compatible with the total amount of
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0018| restitution to be paid and the time the offender is to
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0019| participate in a program; and
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0020| [(2)] (3) the offender is willing to enter
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0021| into a contract [which] that establishes objectives
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0022| [which] that shall be achieved before release from the
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0023| program.
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0024| B. The department may establish criteria in
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0025| addition to those established in Subsection A of this section
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0001| for the screening of criminal offenders who would benefit from
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0002| participation in a program and who would not pose a threat to
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0003| the community.
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0004| C. If the state panel determines that a criminal
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0005| offender is suitable for placement in a program, a
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0006| recommendation to that effect and for modification of sentence
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0007| shall be presented as soon as possible to the sentencing judge
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0008| who may, notwithstanding any provision of law, accept, modify
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0009| or reject the recommendation. The sentencing judge's
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0010| determination shall be presented to the county, municipality or
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0011| private nonprofit organization, as applicable, for approval or
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0012| rejection. In no event shall the sentencing judge order to be
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0013| placed into a program any criminal offender whom the state
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0014| selection panel has not approved."
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0015| State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-THIRD LEGISLATURE
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0019| FIRST SESSION, 1997
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0020|
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0021|
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0022| March 14, 1997
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your JUDICIARY COMMITTEE, to whom has been referred
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0003|
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0004| HOUSE BILL 453
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0005|
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0006| has had it under consideration and reports same WITHOUT
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0007| RECOMMENDATION, and thence referred to the
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0008| APPROPRIATIONS AND FINANCE COMMITTEE.
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0009|
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0010| Respectfully submitted,
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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|
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0016| Thomas P. Foy, Chairman
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0017|
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0018|
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0019| Adopted Not Adopted
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0020|
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023| Date
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0024|
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0025| The roll call vote was 8 For 0 Against
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0001| Yes: 8
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0002| Excused: King, Luna, Rios, Sanchez, Vaughn
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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\H0453 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 14, 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 JUDICIARY COMMITTEE, to whom has been referred
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0019|
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0020| HOUSE BILL 453
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0021|
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0022| has had it under consideration and reports same WITHOUT
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0023| RECOMMENDATION, and thence referred to the
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0024| APPROPRIATIONS AND FINANCE COMMITTEE.
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0025|
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0001| Respectfully submitted,
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0002|
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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| Thomas P. Foy, Chairman
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0008|
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0009|
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0010| Adopted Not Adopted
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0011|
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014| Date
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0015|
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0016| The roll call vote was 8 For 0 Against
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0017| Yes: 8
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0018| Excused: King, Luna, Rios, Sanchez, Vaughn
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0019| Absent: None
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0020|
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0021|
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0022| G:\BILLTEXT\BILLW_97\H0453 State of New Mexico
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0023| House of Representatives
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997
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0002|
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0003|
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0004| March 18, 1997
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0005|
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0006|
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0007| Mr. Speaker:
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0008|
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0009| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0010| whom has been referred
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0011|
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0012| HOUSE BILL 453
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0013|
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0014| has had it under consideration and reports same with
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0015| recommendation that it DO PASS.
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0016|
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0017| Respectfully submitted,
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0018|
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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| Max Coll, Chairman
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0024|
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0025|
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0001| Adopted Not Adopted
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0002|
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005| Date
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0006|
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0007| The roll call vote was 16 For 1 Against
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0008| Yes: 16
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0009| No: Abeyta
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0010| Excused: None
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0011| Absent: None
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0012|
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0013|
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0014| G:\BILLTEXT\BILLW_97\H0453
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