0001|                           HOUSE BILL 1090
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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 FOR TRUTH IN
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0012|     SENTENCING; AMENDING SECTIONS OF THE NMSA 1978 TO PROVIDE THAT
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0013|     CERTAIN CRIMINAL OFFENDERS BE SENTENCED TO THIRTY YEARS OF
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0014|     IMPRISONMENT.
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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 31-18-23 NMSA 1978 (being Laws 1994,
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0018|     Chapter 24, Section 2, as amended) is amended to read:
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0019|          "31-18-23.  THREE VIOLENT FELONY CONVICTIONS--MANDATORY
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0020|     <s>[LIFE]</s> <u>THIRTY-YEAR</u> IMPRISONMENT--EXCEPTION.--
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0021|               A.  When a defendant is convicted of a third violent
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0022|     felony, and each violent felony conviction is part of a
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0023|     separate transaction or occurrence, and at least the third
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0024|     violent felony conviction is in New Mexico, the defendant
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0025|     shall, in addition to the sentence imposed for the third
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0001|     violent conviction when that sentence does not result in death,
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0002|     be punished by a sentence of <s>[life]</s> <u>no less than thirty
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<u></u>0003| <u>    years of</u> imprisonment.  The <s>[life]</s> <u>minimum thirty-year</u>
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0004|     imprisonment sentence shall be subject to parole pursuant to
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0005|     the provisions of Section 31-21-10 NMSA 1978.
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0006|               B.  The sentence of <s>[life]</s> <u>no less than thirty
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<u></u>0007| <u>    years of</u> imprisonment shall be imposed after a sentencing
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0008|     hearing, separate from the trial or guilty plea proceeding
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0009|     resulting in the third violent felony conviction, pursuant to
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0010|     the provisions of Section 31-18-24 NMSA 1978.
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0011|               C.  For the purpose of this section, a violent
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0012|     felony conviction incurred by a defendant before he reaches the
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0013|     age of eighteen shall not count as a violent felony conviction.
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0014|               D.  When a defendant has a felony conviction from
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0015|     another state, the felony conviction shall be considered a
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0016|     violent felony for the purposes of the Criminal Sentencing Act
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0017|     if that crime would be considered a violent felony in New
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0018|     Mexico.
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0019|               E.  As used in the Criminal Sentencing Act: 
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0020|                    (1)  "great bodily harm" means an injury to the
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0021|     person that creates a high probability of death or that causes
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0022|     serious disfigurement or that results in permanent loss or
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0023|     impairment of the function of any member or organ of the body;
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0024|     and
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0025|                    (2)  "violent felony" means:
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0001|                         (a)  murder in the first or second
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0002|     degree, as provided in Section 30-2-1 NMSA 1978;
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0003|                         (b)  shooting at or from a motor vehicle
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0004|     resulting in great bodily harm, as provided in Subsection B of
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0005|     Section 30-3-8 NMSA 1978;
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0006|                         (c)  kidnapping resulting in great bodily
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0007|     harm inflicted upon the victim by his captor, as provided in
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0008|     Subsection B of Section 30-4-1 NMSA 1978; <s>[and]</s> 
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0009|                         (d)  criminal sexual penetration, as
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0010|     provided in Subsection C or Paragraph (5) or (6) of Subsection
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0011|     D of Section 30-9-11 NMSA 1978; and
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0012|                         (e)  robbery while armed with a deadly
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0013|     weapon resulting in great bodily harm as provided in Section
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0014|     30-16-2 NMSA 1978 and Subsection A of Section 30-1-12 NMSA
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0015|     1978."
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0016|          Section 2.  Section 31-18-25 NMSA 1978 (being Laws 1996,
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0017|     Chapter 79, Section 1) is amended to read:
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0018|          "31-18-25.  TWO VIOLENT SEXUAL OFFENSE CONVICTIONS--
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0019|     MANDATORY <s>[LIFE]</s> <u>THIRTY-YEAR</u> IMPRISONMENT--EXCEPTION.--
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0020|               A.  When a defendant is convicted of a second
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0021|     violent sexual offense, and each violent sexual offense
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0022|     conviction is part of a separate transaction or occurrence, and
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0023|     at least the second violent sexual offense conviction is in New
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0024|     Mexico, the defendant shall, in addition to the punishment
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0025|     imposed for the second violent sexual offense conviction, be
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0001|     punished by a sentence of <s>[life]</s> <u>no less than thirty years
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<u></u>0002| <u>    of</u> imprisonment.  The <s>[life]</s> <u>minimum thirty-year</u>
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0003|     imprisonment sentence shall be subject to parole pursuant to
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0004|     the provisions of Section 31-21-10 NMSA 1978.
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0005|               B.  The sentence of <s>[life]</s> <u>no less than thirty
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<u></u>0006| <u>    years of</u> imprisonment shall be imposed after a sentencing
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0007|     hearing, separate from the trial or guilty plea proceeding
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0008|     resulting in the second violent sexual offense conviction,
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0009|     pursuant to the provisions of Section 31-18-26 NMSA 1978.
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0010|               C.  For the purposes of this section, a violent
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0011|     sexual offense conviction incurred by a defendant before he
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0012|     reaches the age of eighteen shall not count as a violent sexual
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0013|     offense conviction.
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0014|               D.  When a defendant has a felony conviction from
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0015|     another state, the felony conviction shall be considered a
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0016|     violent sexual offense for the purposes of the Criminal
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0017|     Sentencing Act if the crime would be considered a violent
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0018|     sexual offense in New Mexico.
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0019|               E.  As used in the Criminal Sentencing Act, "violent
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0020|     sexual offense" means criminal sexual penetration in the first
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0021|     or second degree, as provided in Subsection C or D of Section
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0022|     30-9-11 NMSA 1978."
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0023|          Section 3.  Section 31-20A-3 NMSA 1978 (being Laws 1979,
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0024|     Chapter 150, Section 4) is amended to read:
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0025|          "31-20A-3.  COURT SENTENCING.--In a jury sentencing
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0001|     proceeding in which the jury unanimously finds beyond a
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0002|     reasonable doubt and specifies at least one of the aggravating
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0003|     circumstances enumerated in Section <s>[6 of this act]</s> <u>31-20A-5
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<u></u>0004| <u>    NMSA 1978</u>, and unanimously specifies the sentence of death
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0005|     pursuant to Section <s>[3 of this act]</s> <u>31-20A-2 NMSA 1978</u>, the
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0006|     court shall sentence the defendant to death.  Where a sentence
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0007|     of death is not unanimously specified, or the jury does not
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0008|     make the required finding, or the jury is unable to reach a
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0009|     unanimous verdict, the court shall sentence the defendant to
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0010|     <s>[life]</s> <u>no less than thirty years of</u> imprisonment.  In a
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0011|     nonjury sentencing proceeding and in cases involving a plea of
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0012|     guilty, where no jury has been demanded, the judge shall
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0013|     determine and impose the sentence, but he shall not impose the
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0014|     sentence of death except upon a finding beyond a reasonable
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0015|     doubt and specification of at least one of the aggravating
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0016|     circumstances enumerated in Section <s>[6 of this act]</s> <u>31-20A-5
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<u></u>0017| <u>    NMSA 1978</u>."
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0018|          Section 4.  Section 31-21-10 NMSA 1978 (being Laws 1980,
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0019|     Chapter 28, Section 1, as amended) is amended to read:
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0020|          "31-21-10.  PAROLE AUTHORITY AND PROCEDURE.--
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0021|               A.  An inmate of an institution who was sentenced to
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0022|     <s>[life]</s> <u>no less than thirty years of</u> imprisonment as the
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0023|     result of the commission of a capital felony, who was convicted
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0024|     of three violent felonies and sentenced pursuant to Sections 
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0025|     31-18-23 and 31-18-24 NMSA 1978 or who was convicted of two
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0001|     violent sexual offenses and sentenced pursuant to Sections 
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0002|     31-18-25 and 31-18-26 NMSA 1978 becomes eligible for a parole
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0003|     hearing after he has served thirty years of his sentence. 
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0004|     Before ordering the parole of an inmate sentenced to <s>[life]</s>
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0005|     <u>no less than thirty years of</u> imprisonment, the board shall:
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0006|                    (1)  interview the inmate at the institution
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0007|     where he is committed;
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0008|                    (2)  consider all pertinent information
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0009|     concerning the inmate, including:
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0010|                         (a)  the circumstances of the offense;
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0011|                         (b)  mitigating and aggravating
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0012|     circumstances;
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0013|                         (c)  whether a deadly weapon was used in
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0014|     the commission of the offense;
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0015|                         (d)  whether the inmate is a habitual
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0016|     offender;
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0017|                         (e)  the reports filed under Section
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0018|     31-21-9 NMSA 1978; and
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0019|                         (f)  the reports of such physical and
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0020|     mental examinations as have been made while in prison;
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0021|                    (3)  make a finding that a parole is in the
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0022|     best interest of society and the inmate; and
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0023|                    (4)  make a finding that the inmate is able and
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0024|     willing to fulfill the obligations of a law-abiding citizen.
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0025|          If parole is denied, the inmate sentenced to <s>[life]</s> <u>no
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<u></u>0001| <u>    less than thirty years of</u> imprisonment shall again become
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0002|     entitled to a parole hearing at two-year intervals.  The board
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0003|     may, on its own motion, reopen any case in which a hearing has
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0004|     already been granted and parole denied.
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0005|               B.  Unless the board finds that it is in the best
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0006|     interest of society and the parolee to reduce the period of
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0007|     parole, a person who was convicted of a capital felony shall be
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0008|     required to undergo a minimum period of parole of five years. 
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0009|     During the period of parole, the person shall be under the
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0010|     guidance and supervision of the board.
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0011|               C.  An inmate who was convicted of a first, second
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0012|     or third degree felony and who has served the sentence of
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0013|     imprisonment imposed by the court in a corrections facility
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0014|     designated by the corrections department shall be required to
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0015|     undergo a two-year period of parole.  An inmate who was
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0016|     convicted of a fourth degree felony and who has served the
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0017|     sentence of imprisonment imposed by the court in a corrections
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0018|     facility designated by the corrections department shall be
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0019|     required to undergo a one-year period of parole.  During the
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0020|     period of parole, the person shall be under the guidance and
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0021|     supervision of the board.
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0022|               D.  Every person while on parole shall remain in the
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0023|     legal custody of the institution from which he was released,
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0024|     but shall be subject to the orders of the board.  The board
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0025|     shall furnish to each inmate as a prerequisite to his release
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0001|     under its supervision a written statement of the conditions of
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0002|     parole that shall be accepted and agreed to by the inmate as
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0003|     evidenced by his signature affixed to a duplicate copy to be
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0004|     retained in the files of the board.  The board shall also
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0005|     require as a prerequisite to release the submission and
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0006|     approval of a parole plan.  If an inmate refuses to affix his
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0007|     signature to the written statement of the conditions of his
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0008|     parole or does not have an approved parole plan, he shall not
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0009|     be released and shall remain in the custody of the corrections
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0010|     facility in which he has served his sentence, excepting parole,
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0011|     until such time as the period of parole he was required to
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0012|     serve, less meritorious deductions, if any, expires, at which
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0013|     time he shall be released from that facility without parole, or
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0014|     until such time that he evidences his acceptance and agreement
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0015|     to the conditions of parole as required or receives approval
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0016|     for his parole plan or both.  Time served from the date that an
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0017|     inmate refuses to accept and agree to the conditions of parole
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0018|     or fails to receive approval for his parole plan shall reduce
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0019|     the period, if any, to be served under parole at a later date. 
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0020|     If the district court has ordered that the inmate make
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0021|     restitution to a victim as provided in Section 31-17-1 NMSA
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0022|     1978, the board shall include restitution as a condition of
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0023|     parole.  The board shall also personally apprise the inmate of
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0024|     the conditions of parole and his duties relating <s>[thereto]</s>
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0025|     <u>to parole</u>.
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0001|               E.  When a person on parole has performed the
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0002|     obligations of his release for the period of parole provided in
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0003|     this section, the board shall make a final order of discharge
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0004|     and issue him a certificate of discharge.
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0005|               F.  Pursuant to the provisions of Section 31-18-15
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0006|     NMSA 1978, the board shall require the inmate as a condition of
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0007|     parole:
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0008|                    (1)  to pay the actual costs of his parole
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0009|     services to the adult probation and parole division of the
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0010|     corrections department for deposit to the corrections
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0011|     department intensive supervision fund not exceeding one
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0012|     thousand twenty dollars ($1,020) annually to be paid in monthly
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0013|     installments of not less than fifteen dollars ($15.00) and not
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0014|     more than eighty-five dollars ($85.00), subject to modification
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0015|     by the adult probation and parole division on the basis of
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0016|     changed financial circumstances; and
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0017|                    (2)  to reimburse a law enforcement agency or
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0018|     local crime stopper program for the amount of any reward paid
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0019|     by the agency or program for information leading to his arrest,
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0020|     prosecution or conviction.
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0021|               G.  The provisions of this section shall apply to
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0022|     all inmates except geriatric, permanently incapacitated and
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0023|     terminally ill inmates eligible for the medical and geriatric
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0024|     parole program as provided by the Parole Board Act."
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