0001| HOUSE BILL 302
|
0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
|
0003| INTRODUCED BY
|
0004| R. DAVID PEDERSON
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO CORRECTIONS; REQUIRING INMATES TO EARN MERITORIOUS
|
0012| DEDUCTIONS FROM A TERM OF IMPRISONMENT; ENACTING THE
|
0013| CORRECTIONS POPULATION CONTROL ACT; ESTABLISHING THE
|
0014| CORRECTIONS POPULATION CONTROL COMMISSION; ABOLISHING THE
|
0015| CORRECTIONS COMMISSION; PROVIDING FOR THE DUTIES AND AUTHORITY
|
0016| OF THE COMMISSION; PROVIDING MECHANISMS FOR ADDRESSING INMATE
|
0017| OVERCROWDING; AMENDING, REPEALING AND ENACTING SECTIONS OF THE
|
0018| NMSA 1978; DECLARING AN EMERGENCY.
|
0019|
|
0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0021| Section 1. Section 33-1-2 NMSA 1978 (being Laws 1978,
|
0022| Chapter 4, Section 1, as amended) is amended to read:
|
0023| "33-1-2. DEFINITIONS.--As used in the Corrections Act:
|
0024| A. "division" or "department" means the
|
0025| corrections department;
|
- 1 -
0001| B. "director" or "secretary" means the secretary
|
0002| of corrections;
|
0003| C. "corrections facility" means any facility or
|
0004| program controlled or operated by the state or any of its
|
0005| agencies or departments and supported wholly or in part by
|
0006| state funds for the correctional care of persons, including
|
0007| but not limited to:
|
0008| (1) the "penitentiary of New Mexico", which
|
0009| consists of the penitentiary at Santa Fe and other places in
|
0010| the state designated by the secretary; and
|
0011| (2) the state board of probation and parole,
|
0012| except to the extent delegated to the parole board by the
|
0013| Parole Board Act; and
|
0014| [D. "commission" means the corrections
|
commission; and
|
E.] D. "warden" or "superintendent" means the
|
0017| administrative director of a correctional facility."
|
0018| Section 2. Section 33-1-4 NMSA 1978 (being Laws 1969,
|
0019| Chapter 226, Section 4, as amended) is amended to read:
|
0020| "33-1-4. CORRECTIONS [DIVISION] DEPARTMENT.--
|
0021| [A. There is created within the criminal justice
|
department the "corrections division".] The [division]
|
0023| department is responsible for all matters pertaining to
|
0024| corrections as provided in the Corrections Act or other law.
|
0025| [B. There is created the "corrections commission"
|
- 2 -
consisting of seven members appointed by the governor with the
|
advice and consent of the senate for staggered terms, one
|
ending June 30, 1972 and two ending June 30 of each of the
|
following three years. Thereafter, appointments shall be made
|
for terms of four years or less in a manner that the terms of
|
one or two members expire as the case may be on June 30 each
|
year. Members of the commission shall be reimbursed as
|
provided in the Per Diem and Mileage Act and shall receive no
|
other compensation, perquisite or allowance. Four members of
|
the commission constitute a quorum for the transaction of
|
business. Not more than four members shall be of the same
|
political party. Four of the members shall be persons who
|
have displayed interest in juvenile correction and
|
rehabilitation matters and three shall be persons who have
|
displayed interest in adult correction and rehabilitation
|
matters. Any member who fails to attend any three consecutive
|
meetings of the commission without being excused by the
|
commission shall be automatically removed.
|
C. The commission shall advise the director in
|
the management and control of the division.]"
|
0021| Section 3. Section 33-2-34 NMSA 1978 (being Laws 1978,
|
0022| Chapter 40, Section 1, as amended) is repealed and a new
|
0023| Section 33-2-34 NMSA 1978 is enacted to read:
|
0024| "33-2-34. [NEW MATERIAL] ELIGIBILITY FOR EARNED
|
0025| MERITORIOUS DEDUCTIONS.--
|
- 3 -
0001| A. An inmate confined in the penitentiary of New
|
0002| Mexico or other state correctional facility for committing a
|
0003| violent offense is eligible to earn meritorious deductions of
|
0004| up to four days per month upon recommendation of the
|
0005| classification committee and approval by the warden.
|
0006| B. An inmate confined in the penitentiary of New
|
0007| Mexico or other state correctional facility for committing a
|
0008| nonviolent offense is eligible to earn meritorious deductions
|
0009| of up to thirty days per month upon recommendation of the
|
0010| classification committee and approval by the warden.
|
0011| C. In order to earn meritorious deductions, an
|
0012| inmate shall actively participate in a program recommended and
|
0013| approved for him by the classification committee. The
|
0014| classification committee may recommend and approve only
|
0015| education programs, mental health programs, drug or alcohol
|
0016| treatment programs, drug or alcohol counseling programs or
|
0017| work programs.
|
0018| D. An inmate whose record of conduct shows that he
|
0019| has performed exceptionally meritorious service and whose
|
0020| record of conduct shows that he has otherwise faithfully
|
0021| observed the rules of the institution may be eligible for a
|
0022| lump sum meritorious deduction award, not to exceed one year
|
0023| per award and not to exceed a total of one year for all lump
|
0024| sum meritorious deduction awards awarded in any consecutive
|
0025| twelve-month period, which may be deducted from the length of
|
- 4 -
0001| the sentence then remaining unserved. Exceptionally
|
0002| meritorious service shall include heroic acts of saving life
|
0003| or property, but shall not include acts in performance of
|
0004| normal work duties or program assignments. The classification
|
0005| committee and the warden may recommend the number of days to
|
0006| be awarded in each case based upon the particular merits, but
|
0007| any award shall be determined by the director of adult
|
0008| institutions. Allowance for exceptionally meritorious service
|
0009| shall be in addition to the meritorious deductions provided
|
0010| for in Subsections A and B of this section, and in the event
|
0011| two or more consecutive sentences are being served, the
|
0012| aggregate of the several sentences shall be the basis upon
|
0013| which the deduction shall be computed.
|
0014| E. The meritorious deductions provided for in
|
0015| Subsections A and B of this section shall pertain to both the
|
0016| basic sentence to be served and any enhanced term of
|
0017| imprisonment pursuant to the provisions of the Criminal
|
0018| Sentencing Act. Meritorious deductions of up to ninety days
|
0019| per occurrence shall be permanently forfeited upon
|
0020| recommendation of the classification committee and approval of
|
0021| the warden if the inmate does not properly maintain the
|
0022| standard upon which the award was based. For those inmates,
|
0023| permanent forfeitures in excess of ninety days may be made
|
0024| upon approval of the director of adult institutions. No
|
0025| inmate shall forfeit more than fifty percent of his
|
- 5 -
0001| meritorious deductions accrued during the previous twelve
|
0002| months; and after forfeiture of any portion of an inmate's
|
0003| accrued meritorious deductions, the remainder shall vest and
|
0004| shall not be subject to further forfeiture. Notwithstanding
|
0005| any other provisions of this act, an inmate may forfeit up to
|
0006| one hundred percent of all accrued meritorious deductions if
|
0007| he commits any of the following:
|
0008| (1) an act of actual personal violence, as
|
0009| defined by the corrections department against:
|
0010| (a) another inmate;
|
0011| (b) corrections department personnel;
|
0012| (c) an employee of a contractor
|
0013| operating on behalf of the corrections department; or
|
0014| (d) any other person lawfully on the
|
0015| premises of a corrections department facility or other
|
0016| facility where department inmates are housed;
|
0017| (2) one positive drug test while
|
0018| incarcerated;
|
0019| (3) escape; or
|
0020| (4) any felonious act.
|
0021| F. An inmate is not eligible to earn meritorious
|
0022| deductions if he:
|
0023| (1) disobeys an order to perform labor,
|
0024| pursuant to Section 33-8-4 NMSA 1978;
|
0025| (2) is in disciplinary segregation;
|
- 6 -
0001| (3) is not actively participating in a
|
0002| program recommended and approved for him by the classification
|
0003| committee; or
|
0004| (4) is within the first thirty days' receipt
|
0005| by the corrections department and his record from the county
|
0006| jail reflects that he has committed misconduct in the county
|
0007| jail that in the professional judgment of the corrections
|
0008| department should result in a delay of thirty days to begin
|
0009| earning meritorious deductions.
|
0010| G. The provisions of this section shall not be
|
0011| interpreted as providing eligibility to earn meritorious
|
0012| deductions to an inmate during the initial thirty years of a
|
0013| sentence imposed pursuant to the provisions of:
|
0014| (1) Subsection A of Section 30-2-1 NMSA 1978;
|
0015| (2) Section 31-18-23 NMSA 1978; or
|
0016| (3) Section 31-18-25 NMSA 1978.
|
0017| H. The corrections department shall promulgate
|
0018| rules and regulations to implement the provisions of this
|
0019| section, and the rules and regulations shall be matters of
|
0020| public record. A concise summary of the rules and regulations
|
0021| shall be provided to every inmate and every inmate shall
|
0022| receive a quarterly statement of the meritorious deductions he
|
0023| has earned.
|
0024| I. A New Mexico inmate confined in a federal or
|
0025| out-of-state correctional facility is eligible to earn
|
- 7 -
0001| meritorious deductions in the same manner as an inmate
|
0002| imprisoned in a state-run correctional facility on the basis
|
0003| of his inmate conduct reports furnished by those facilities to
|
0004| the corrections department, subject to approval by the
|
0005| corrections department.
|
0006| J. An inmate imprisoned in a correctional facility
|
0007| that is operated by a public entity or a private company,
|
0008| pursuant to a contract with the corrections department, is
|
0009| eligible to earn meritorious deductions in the same manner as
|
0010| an inmate imprisoned in a state-run correctional facility,
|
0011| subject to approval by the corrections department.
|
0012| K. As used in this section:
|
0013| (1) "great bodily harm" means an injury to
|
0014| the person that creates a high probability of death; or that
|
0015| causes serious disfigurement; or that results in permanent
|
0016| loss or impairment of the function of any member or organ of
|
0017| the body;
|
0018| (2) "nonviolent offense" means any felony
|
0019| offense other than a violent offense or any misdemeanor
|
0020| offense; and
|
0021| (3) "violent offense" means:
|
0022| (a) second degree murder, as provided
|
0023| in Section 30-2-1 NMSA 1978;
|
0024| (b) voluntary manslaughter, as provided
|
0025| in Section 30-2-3 NMSA 1978;
|
- 8 -
0001| (c) assault with intent to commit a
|
0002| violent felony, as provided in Section 30-3-3 NMSA 1978, which
|
0003| results in great bodily harm;
|
0004| (d) criminal sexual penetration, as
|
0005| provided in Section 30-9-11 NMSA 1978; and
|
0006| (e) robbery, as provided in Section
|
0007| 30-16-2 NMSA 1978, which results in great bodily harm."
|
0008| Section 4. Section 33-2-36 NMSA 1978 (being Laws 1988,
|
0009| Chapter 78, Section 6) is amended to read:
|
0010| "33-2-36. FORFEITURE OF EARNED MERITORIOUS
|
0011| DEDUCTIONS.--[Any accrued deductions may be forfeited by the
|
convict for any major conduct violation upon the
|
recommendation of the classification committee, approval by
|
the warden and final approval by the secretary of
|
corrections.]
|
0016| A. Meritorious deductions earned by an inmate may
|
0017| be forfeited by that inmate for any major conduct violation
|
0018| upon the recommendation of the classification committee,
|
0019| approval by the warden and final approval by the secretary of
|
0020| corrections.
|
0021| B. The provisions of this section also apply to
|
0022| forfeiture of earned meritorious deductions for an inmate
|
0023| imprisoned in a correctional facility operated by a public
|
0024| entity or a private company, pursuant to a contract with the
|
0025| corrections department."
|
- 9 -
0001| Section 5. Section 33-2-37 NMSA 1978 (being Laws 1988,
|
0002| Chapter 78, Section 7) is amended to read:
|
0003| "33-2-37. RESTORATION OF FORFEITED MERITORIOUS
|
0004| DEDUCTIONS.--
|
0005| A. Meritorious deductions forfeited under
|
0006| Section 33-2-36 NMSA 1978 may be restored in whole or in part
|
0007| to [any prisoner] an inmate who is exemplary in conduct
|
0008| and work performance for a period of not less than [six]
|
0009| twelve months following the date of forfeiture.
|
0010| Meritorious deductions may be restored upon recommendation
|
0011| of the classification committee, approval by the warden and
|
0012| final approval by the secretary of corrections.
|
0013| B. The provisions of this section also apply to
|
0014| restoration of earned meritorious deductions for an inmate
|
0015| imprisoned in a correctional facility operated by a public
|
0016| entity or a private company, pursuant to a contract with the
|
0017| corrections department."
|
0018| Section 6. Section 33-2-38 NMSA 1978 (being Laws 1889,
|
0019| Chapter 76, Section 13, as amended) is amended to read:
|
0020| "33-2-38. COMPUTATION OF TERM.--[Sec. 54. No
|
convict] An inmate shall not be discharged from the
|
0022| penitentiary of New Mexico or other correctional facility
|
0023| until he has [remained] served the full term for which he
|
0024| was sentenced. [to be] The term shall be computed from and
|
0025| [including] include the day on which his sentence took
|
- 10 -
0001| effect and [excluding] shall exclude any time the
|
0002| [convict] inmate may have been at large by reason of
|
0003| escape [therefrom], unless he [may be] is pardoned or
|
0004| otherwise released by legal authority. [Provided that
|
nothing in] The provisions of this section shall [be so
|
construed as] not be interpreted to deprive [any convict]
|
0007| an inmate of any reduction of time to which he may be
|
0008| entitled [to under 5070.] pursuant to the provisions of
|
0009| Section 33-2-34 NMSA 1978."
|
0010| Section 7. Section 33-8-2 NMSA 1978 (being Laws 1981,
|
0011| Chapter 127, Section 2, as amended) is amended to read:
|
0012| "33-8-2. DEFINITIONS.--As used in the Corrections
|
0013| Industries Act:
|
0014| A. "commission" means the secretary of
|
0015| corrections [commission];
|
0016| B. "department" means the corrections department;
|
0017| C. "enterprise" means a manufacturing,
|
0018| agricultural or service operation or group of closely related
|
0019| operations within the bounds of a facility but does not
|
0020| include standard facility maintenance activities and services;
|
0021| D. "facility" means any place under the
|
0022| jurisdiction of the department at which individuals are
|
0023| confined pursuant to court order;
|
0024| E. "fund" means the corrections industries
|
0025| revolving fund;
|
- 11 -
0001| F. "local public body" means all political
|
0002| subdivisions of the state and their agencies,
|
0003| instrumentalities and institutions supported wholly or in part
|
0004| by funds derived from public taxation; and
|
0005| G. "state agency" means the state or any of its
|
0006| branches, agencies, departments, boards, instrumentalities or
|
0007| institutions supported wholly or in part by funds derived from
|
0008| public taxation."
|
0009| Section 8. [NEW MATERIAL] SHORT TITLE.--Sections 8
|
0010| through 15 of this act may be cited as the "Corrections
|
0011| Population Control Act".
|
0012| Section 9. [NEW MATERIAL] FINDINGS--PURPOSE.--
|
0013| A. The legislature finds that:
|
0014| (1) for many years, the state of New Mexico
|
0015| has experienced difficulty in managing the size of its inmate
|
0016| population. Often, the number of beds has been insufficient
|
0017| to accommodate the inmate population committed or detained in
|
0018| correctional facilities;
|
0019| (2) an overcrowded inmate population was a
|
0020| major cause of the disturbance that erupted at the
|
0021| penitentiary of New Mexico in 1980. Moreover, problems caused
|
0022| by overcrowding remain at the center of the ongoing federal
|
0023| litigation involving the corrections department;
|
0024| (3) a permanent solution to the overcrowded
|
0025| inmate population must be established to ensure that the
|
- 12 -
0001| corrections department is able to effectively operate its
|
0002| facilities, to mitigate public safety concerns and to reduce
|
0003| the likelihood of future litigation;
|
0004| (4) although the corrections department is
|
0005| responsible for the operation of correctional facilities, it
|
0006| cannot resolve the problem of overcrowding by itself. The
|
0007| department has no control over the admission of inmates into
|
0008| its facilities and has only limited control over the release
|
0009| of inmates from its facilities; and
|
0010| (5) a permanent solution to the overcrowded
|
0011| inmate population requires participation, commitment and
|
0012| cooperation by the legislative, judicial and executive
|
0013| branches of government and all criminal justice agencies.
|
0014| B. The purpose of the Corrections Population
|
0015| Control Act is to establish a corrections population control
|
0016| commission that shall operate as an autonomous, nonpartisan
|
0017| body. The commission shall develop and implement mechanisms
|
0018| to prevent the inmate population from exceeding the capacity
|
0019| of correctional facilities and shall take appropriate action
|
0020| when necessary to effect the reduction of the inmate
|
0021| population.
|
0022| Section 10. [NEW MATERIAL] DEFINITIONS.--As used in
|
0023| the Corrections Population Control Act:
|
0024| A. "commission" means the corrections population
|
0025| control commission;
|
- 13 -
0001| B. "female prison facility" means any female
|
0002| prison facility so designated by the corrections department;
|
0003| C. "male prison facilities" means:
|
0004| (1) the penitentiary of New Mexico, located
|
0005| in Santa Fe;
|
0006| (2) the central New Mexico correctional
|
0007| facility, located in Los Lunas;
|
0008| (3) the Los Lunas correctional facility,
|
0009| located in Los Lunas;
|
0010| (4) the southern New Mexico correctional
|
0011| facility, located in Las Cruces;
|
0012| (5) the western New Mexico correctional
|
0013| facility, located in Grants;
|
0014| (6) the Roswell correctional facility,
|
0015| located in Hagerman; and
|
0016| (7) any other male prison facilities so
|
0017| designated by the corrections department;
|
0018| D. "nonviolent offender" means:
|
0019| (1) a person not convicted of the following
|
0020| violent offenses:
|
0021| (a) murder in the first degree or
|
0022| murder in the second degree pursuant to the provisions of
|
0023| Section 30-2-1 NMSA 1978;
|
0024| (b) aggravated assault, pursuant to the
|
0025| provisions of Section 30-3-2 NMSA 1978;
|
- 14 -
0001| (c) aggravated battery, pursuant to the
|
0002| provisions of Subsection C of Section 30-3-5 NMSA 1978;
|
0003| (d) kidnapping, pursuant to the
|
0004| provisions of Section 30-4-1 NMSA 1978;
|
0005| (e) abuse of a child, pursuant to the
|
0006| provisions of Subsection C of Section 30-6-1 NMSA 1978;
|
0007| (f) criminal sexual penetration,
|
0008| pursuant to the provisions of Section 30-9-11 NMSA 1978;
|
0009| (g) robbery while armed with a deadly
|
0010| weapon, pursuant to the provisions of Section 30-16-2 NMSA
|
0011| 1978;
|
0012| (h) use of a firearm during the
|
0013| commission of a noncapital felony, pursuant to the provisions
|
0014| of Section 31-18-16 NMSA 1978;
|
0015| (i) intentional injury to a person
|
0016| sixty years of age or older or to a handicapped person during
|
0017| the commission of a noncapital felony, pursuant to the
|
0018| provisions of Section 31-18-16.1 NMSA 1978;
|
0019| (j) commission of three violent
|
0020| felonies, pursuant to the provisions of Sections 31-18-23 and
|
0021| 31-18-24 NMSA 1978; or
|
0022| (k) commission of two violent sex
|
0023| offenses, pursuant to the provisions of Sections 31-18-25 and
|
0024| 31-18-26 NMSA 1978;
|
0025| (2) a person not convicted of a violent
|
- 15 -
0001| felony, as enumerated in Paragraph (1) of this subsection,
|
0002| from another state, federal jurisdiction or foreign country
|
0003| within the last ten years;
|
0004| (3) a person not serving a sentence of life
|
0005| imprisonment or a single or combined sentence of more than
|
0006| twenty years involving physical injury, physical violence or
|
0007| great bodily harm or a substantial threat or risk of physical
|
0008| injury, physical violence or great bodily harm to another
|
0009| person, to be determined by the commission; or
|
0010| (4) a person not classified as a maximum
|
0011| security inmate;
|
0012| E. "prisoner" refers to non-violent offenders; and
|
0013| F. "rated capacity" means the actual general
|
0014| population bed space, including only individual cells and
|
0015| areas designed for the long-term housing of inmates, available
|
0016| in the female prison facility or male prison facilities as
|
0017| certified by the secretary of corrections and subject to
|
0018| applicable state and federal law.
|
0019| Section 11. [NEW MATERIAL] COMMISSION--CREATION--
|
0020| MEMBERSHIP.--
|
0021| A. There is created the "corrections population
|
0022| control commission".
|
0023| B. The commission shall be appointed for two-year
|
0024| terms and shall be composed of:
|
0025| (1) the secretary of the corrections
|
- 16 -
0001| department, who shall serve as chairman;
|
0002| (2) a member appointed by the New Mexico
|
0003| supreme court;
|
0004| (3) one representative appointed by the
|
0005| speaker of the house of representatives;
|
0006| (4) one senator appointed by the president
|
0007| pro tempore of the senate;
|
0008| (5) one representative and one senator
|
0009| appointed by the minority leader of the house of
|
0010| representatives and the senate, respectively; and
|
0011| (6) one member appointed by the governor.
|
0012| C. A majority of the members of the commission
|
0013| constitutes a quorum for the transaction of commission
|
0014| business.
|
0015| D. The members of the commission shall be paid
|
0016| pursuant to the provisions of the Per Diem and Mileage Act and
|
0017| shall receive no other perquisite, compensation or allowance.
|
0018| Section 12. [NEW MATERIAL] COMMISSION--DUTIES--ANNUAL
|
0019| REPORT.--
|
0020| A. The commission shall study, develop and
|
0021| recommend policies and mechanisms designed to manage the
|
0022| growth of the inmate population by:
|
0023| (1) reviewing corrections department models
|
0024| to forecast projected growth in the inmate population;
|
0025| (2) providing information concerning impacts
|
- 17 -
0001| on the inmate population caused by changes in sentencing
|
0002| policies and law enforcement policies;
|
0003| (3) analyzing the need for future
|
0004| construction of additional correctional facilities;
|
0005| (4) if necessary, preparing proposed
|
0006| legislation to further implementation of its policy
|
0007| recommendations; and
|
0008| (5) considering all of its recommendations in
|
0009| light of public safety concerns.
|
0010| B. The provisions of Subsection A of Section
|
0011| 33-2-34 NMSA 1978 shall take effect upon certification by the
|
0012| commission that an adequate level of programming is offered by
|
0013| the corrections department to ensure that all inmates who want
|
0014| to earn meritorious deductions have an opportunity to do so.
|
0015| If the commission fails to certify an adequate level of
|
0016| programming, on a semiannual basis, for any reason, the
|
0017| provisions of Subsection B of Section 33-2-34 NMSA 1978 will
|
0018| apply to all inmates.
|
0019| C. The commission shall submit an annual report of
|
0020| its activities and legislative proposals to the interim
|
0021| legislative committee with jurisdiction over corrections
|
0022| issues. The report shall be filed with the interim
|
0023| legislative committee no later than November 1 of each year.
|
0024| D. The commission staff support shall be provided
|
0025| by the corrections department.
|
- 18 -
0001| Section 13. [NEW MATERIAL] OVERCROWDING--POPULATION
|
0002| CONTROL MECHANISM--PROCEDURES.--
|
0003| A. When the inmate population of the corrections
|
0004| department facilities, exclusive of the inmate population
|
0005| housed in facilities used to relieve interim overcrowding,
|
0006| exceeds one hundred twelve percent of rated capacity on or
|
0007| before June 30, 1999 or one hundred percent of rated capacity
|
0008| after June 30, 1999, for a period of thirty consecutive days,
|
0009| the following measures shall be taken to reduce capacity:
|
0010| (1) the corrections department shall engage
|
0011| in all lawful and professionally appropriate efforts to reduce
|
0012| the prison population to one hundred twelve percent or one
|
0013| hundred percent of rated capacity as applicable, including in-
|
0014| state and out-of-state inmate transfers;
|
0015| (2) if prison population is still in excess
|
0016| of one hundred twelve percent or one hundred percent rated
|
0017| capacity as applicable after sixty consecutive days, the
|
0018| secretary of corrections shall notify the commission.
|
0019| Included in the notification shall be a list of prisoners who
|
0020| are within one hundred eighty days of their projected release
|
0021| date;
|
0022| (3) the commission shall convene within ten
|
0023| days to consider the release of prisoners on the list provided
|
0024| by the corrections department. The commission shall also
|
0025| discuss with the corrections department the impact on
|
- 19 -
0001| population of possible changes in the classification system
|
0002| and expanding incarceration alternatives. Victims of those
|
0003| prisoners shall receive appropriate notification that the
|
0004| prisoners may be released before sentence completion. If
|
0005| requested, the commission shall hear testimony or review the
|
0006| written statement of a victim or relative of a victim, as well
|
0007| as any public official who wishes to object to the release of
|
0008| a particular prisoner. For prisoners as to whom an objection
|
0009| is made, the commission shall deliberate on the release of the
|
0010| prisoner individually;
|
0011| (4) for prisoners approved by the commission
|
0012| for release, the commission shall grant emergency release
|
0013| credits in ten-day increments that will be applied to the
|
0014| sentence or sentences being served by the prisoners. The
|
0015| commission shall order release of the appropriate number of
|
0016| prisoners to reduce the prison population to the applicable
|
0017| rated capacity; and
|
0018| (5) notwithstanding any other provisions of
|
0019| this section, no prisoner shall be released:
|
0020| (a) unless the prisoner has a parole
|
0021| plan pursuant to applicable parole board regulations;
|
0022| (b) if the information concerning the
|
0023| prisoner is discovered to be materially inaccurate;
|
0024| (c) if the prisoner commits a crime
|
0025| while incarcerated or receives a disciplinary infraction;
|
- 20 -
0001| (d) if the prisoner fails a drug
|
0002| screening test within ten days of the scheduled release; or
|
0003| (e) if the effect of a prisoner release
|
0004| will result in the loss of federal funds to any agency of the
|
0005| state.
|
0006| B. If a bill is introduced during a legislative
|
0007| session that proposes to create a new criminal offense,
|
0008| proposes the imposition of mandatory sentencing or proposes an
|
0009| increase to an existing sentence, the corrections department
|
0010| shall provide the legislature with:
|
0011| (1) a fiscal impact report for a period five
|
0012| years into the future; and
|
0013| (2) a report regarding the increased number
|
0014| of prison beds that will be needed for a period five years
|
0015| into the future.
|
0016| Section 14. [NEW MATERIAL] TERMINATION OF AGENCY LIFE-
|
0017| -TRANSFER OF FUNCTIONS.--The corrections population control
|
0018| commission is terminated on June 30, 2003. On July 1, 2003,
|
0019| the secretary of corrections shall assume the duties and
|
0020| responsibilities of the commission.
|
0021| Section 15. TEMPORARY PROVISION.--
|
0022| A. Effective immediately, the secretary of
|
0023| corrections shall implement those provisions of the
|
0024| Corrections Population Control Act that provide for the
|
0025| release of nonviolent offender prisoners within one hundred
|
- 21 -
0001| eighty days of projected release. This release authorization
|
0002| shall be implemented by the secretary of corrections without
|
0003| regard to the creation of the corrections population control
|
0004| commission provided for in the Corrections Population Control
|
0005| Act and without regard to the procedural time frames provided
|
0006| for in that act.
|
0007| B. The provisions of this section shall remain in
|
0008| effect until July 1, 1998.
|
0009| Section 16. REPEAL.--Section 33-8-14 NMSA 1978 (being
|
0010| Laws 1981, Chapter 127, Section 14) is repealed.
|
0011| Section 17. APPLICABILITY.--The provisions of Sections
|
0012| 33-2-34, 33-2-36 and 33-2-38 NMSA 1978 apply to persons
|
0013| convicted of a criminal offense committed on or after July 1,
|
0014| 1998. As to persons convicted of a criminal offense committed
|
0015| prior to July 1, 1998, the laws with respect to the vesting of
|
0016| meritorious deductions in effect at the time the offense was
|
0017| committed shall apply.
|
0018| Section 18. EMERGENCY.--It is necessary for the public
|
0019| peace, health and safety that this act take effect
|
0020| immediately.
|
0021|
|