0001| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 302 | 0003| 43rd legislature - STATE OF NEW MEXICO - second session, 1998 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO CORRECTIONS; REQUIRING INMATES TO EARN MERITORIOUS | 0013| DEDUCTIONS FROM A TERM OF IMPRISONMENT; ENACTING THE | 0014| CORRECTIONS POPULATION CONTROL ACT; ESTABLISHING THE | 0015| CORRECTIONS POPULATION CONTROL COMMISSION; PROVIDING FOR THE | 0016| DUTIES AND AUTHORITY OF THE POPULATION CONTROL COMMISSION; | 0017| PROVIDING MECHANISMS FOR ADDRESSING INMATE OVERCROWDING; | 0018| AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; | 0019| DECLARING AN EMERGENCY. | 0020| | 0021| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0022| Section 1. Section 31-18-15 NMSA 1978 (being Laws 1977, | 0023| Chapter 216, Section 4, as amended) is amended to read: | 0024| "31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES-- | 0025| BASIC SENTENCES AND FINES--PAROLE AUTHORITY.-- | - 1 -0001| A. If a person is convicted of a noncapital | 0002| felony, the basic sentence of imprisonment is as follows: | 0003| (1) for a first degree felony, eighteen years | 0004| imprisonment; | 0005| (2) for a second degree felony resulting in | 0006| the death of a human being, fifteen years imprisonment; | 0007| (3) for a second degree felony, nine years | 0008| imprisonment; | 0009| (4) for a third degree felony resulting in | 0010| the death of a human being, six years imprisonment; | 0011| (5) for a third degree felony, three years | 0012| imprisonment; or | 0013| (6) for a fourth degree felony, eighteen | 0014| months imprisonment. | 0015| B. When the court imposes a sentence of | 0016| imprisonment for a felony offense, the court shall indicate | 0017| whether or not the offense is a violent offense, as defined in | 0018| Section 33-2-34 NMSA 1978. The court shall inform the | 0019| offender that his sentence of imprisonment is subject to the | 0020| provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 | 0021| NMSA 1978. If the court fails to inform an offender that his | 0022| sentence is subject to those provisions or if the court | 0023| provides the offender with erroneous information regarding | 0024| those provisions, the failure to inform or the error shall not | 0025| provide a basis for a writ of habeas corpus. | - 2 -0001| [B.] C. The appropriate basic sentence of | 0002| imprisonment shall be imposed upon a person convicted of a first, | 0003| second, third or fourth degree felony or a second or third degree | 0004| felony resulting in the death of a human being, unless the court | 0005| alters such sentence pursuant to the provisions of Section | 0006| 31-18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978. | 0007| [C.] D. The court shall include in the judgment and | 0008| sentence of each person convicted of a first, second, third or | 0009| fourth degree felony or a second or third degree felony resulting | 0010| in the death of a human being and sentenced to imprisonment in a | 0011| corrections facility designated by the corrections department | 0012| authority for a period of parole to be served in accordance with | 0013| the provisions of Section 31-21-10 NMSA 1978 after the completion | 0014| of any actual time of imprisonment and authority to require, as a | 0015| condition of parole, the payment of the costs of parole services | 0016| and reimbursement to a law enforcement agency or local crime | 0017| stopper program in accordance with the provisions of that | 0018| section. The period of parole shall be deemed to be part of the | 0019| sentence of the convicted person in addition to the basic | 0020| sentence imposed pursuant to Subsection A of this section | 0021| together with alterations, if any, pursuant to the provisions of | 0022| Section 31-18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978. | 0023| [D.] E. When a court imposes a sentence of | 0024| imprisonment pursuant to the provisions of Section 31-18-15.1, | 0025| 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978 and suspends or defers | - 3 -0001| the basic sentence of imprisonment provided pursuant to the | 0002| provisions of Subsection A of this section, the period of parole | 0003| shall be served in accordance with the provisions of Section | 0004| 31-21-10 NMSA 1978 for the degree of felony for the basic | 0005| sentence for which the inmate was convicted. For the purpose of | 0006| designating a period of parole, a court shall not consider that | 0007| the basic sentence of imprisonment was suspended or deferred and | 0008| that the inmate served a period of imprisonment pursuant to the | 0009| provisions of Section 31-18-15.1, 31-18-16, 31-18-16.1 or | 0010| 31-18-17 NMSA 1978. | 0011| [E.] F. The court may, in addition to the imposition | 0012| of a basic sentence of imprisonment, impose a fine not to exceed: | 0013| (1) for a first degree felony, fifteen thousand | 0014| dollars ($15,000); | 0015| (2) for a second degree felony resulting in the | 0016| death of a human being, twelve thousand five hundred dollars | 0017| ($12,500); | 0018| (3) for a second degree felony, ten thousand | 0019| dollars ($10,000); | 0020| (4) for a third degree felony resulting in the | 0021| death of a human being, five thousand dollars ($5,000); or | 0022| (5) for a third or fourth degree felony, five | 0023| thousand dollars ($5,000)." | 0024| Section 2. Section 33-1-2 NMSA 1978 (being Laws 1978, | 0025| Chapter 4, Section 1, as amended) is amended to read: | - 4 -0001| "33-1-2. DEFINITIONS.--As used in the Corrections Act: | 0002| A. "division" or "department" means the corrections | 0003| department; | 0004| B. "director" or "secretary" means the secretary of | 0005| corrections; | 0006| C. "corrections facility" means any facility or | 0007| program controlled or operated by the state or any of its | 0008| agencies or departments and supported wholly or in part by state | 0009| funds for the correctional care of persons, including but not | 0010| limited to: | 0011| (1) the "penitentiary of New Mexico", which | 0012| consists of the penitentiary at Santa Fe and other places in the | 0013| state designated by the secretary; and | 0014| (2) the state board of probation and parole, | 0015| except to the extent delegated to the parole board by the Parole | 0016| Board Act; and | 0017| [D. "commission" means the corrections commission; | 0018| and | 0019| E.] D. "warden" or "superintendent" means the | 0020| administrative director of a correctional facility." | 0021| Section 3. Section 33-1-4 NMSA 1978 (being Laws 1969, | 0022| Chapter 226, Section 4, as amended) is amended to read: | 0023| "33-1-4. CORRECTIONS [DIVISION] DEPARTMENT.-- | 0024| [A. There is created within the criminal justice | 0025| department the "corrections division".] The [division] | - 5 -0001| department is responsible for all matters pertaining to | 0002| corrections as provided in the Corrections Act or other law. | 0003| [B. There is created the "corrections commission" | 0004| consisting of seven members appointed by the governor with the | 0005| advice and consent of the senate for staggered terms, one ending | 0006| June 30, 1972 and two ending June 30 of each of the following | 0007| three years. Thereafter, appointments shall be made for terms of | 0008| four years or less in a manner that the terms of one or two | 0009| members expire as the case may be on June 30 each year. Members | 0010| of the commission shall be reimbursed as provided in the Per Diem | 0011| and Mileage Act and shall receive no other compensation, | 0012| perquisite or allowance. Four members of the commission | 0013| constitute a quorum for the transaction of business. Not more | 0014| than four members shall be of the same political party. Four of | 0015| the members shall be persons who have displayed interest in | 0016| juvenile correction and rehabilitation matters and three shall be | 0017| persons who have displayed interest in adult correction and | 0018| rehabilitation matters. Any member who fails to attend any three | 0019| consecutive meetings of the commission without being excused by | 0020| the commission shall be automatically removed. | 0021| C. The commission shall advise the director in the | 0022| management and control of the division.]" | 0023| Section 4. Section 33-2-34 NMSA 1978 (being Laws 1978, | 0024| Chapter 40, Section 1, as amended) is repealed and a new Section | 0025| 33-2-34 NMSA 1978 is enacted to read: | - 6 -0001| "33-2-34. [NEW MATERIAL] ELIGIBILITY FOR EARNED | 0002| MERITORIOUS DEDUCTIONS.-- | 0003| A. An inmate confined in the penitentiary of New | 0004| Mexico or other state correctional facility for committing a | 0005| violent offense is eligible to earn meritorious deductions of up | 0006| to four days per month upon recommendation of the classification | 0007| committee and approval by the warden. | 0008| B. An inmate confined in the penitentiary of New | 0009| Mexico or other state correctional facility for committing a | 0010| nonviolent offense is eligible to earn meritorious deductions of | 0011| up to thirty days per month upon recommendation of the | 0012| classification committee and approval by the warden. | 0013| C. In order to earn meritorious deductions, an inmate | 0014| shall actively participate in a program recommended and approved | 0015| for him by the classification committee. The classification | 0016| committee may recommend and approve only education programs, | 0017| mental health programs, drug or alcohol treatment programs, drug | 0018| or alcohol counseling programs or work programs. | 0019| D. An inmate whose record of conduct shows that he | 0020| has performed exceptionally meritorious service and whose record | 0021| of conduct shows that he has otherwise faithfully observed the | 0022| rules of the institution may be eligible for a lump-sum | 0023| meritorious deduction award, not to exceed one year per award and | 0024| not to exceed a total of one year for all lump-sum meritorious | 0025| deduction awards awarded in any consecutive twelve-month period, | - 7 -0001| which may be deducted from the length of the sentence then | 0002| remaining unserved. Exceptionally meritorious service shall | 0003| include heroic acts of saving life or property, but shall not | 0004| include acts in performance of normal work duties or program | 0005| assignments. The classification committee and the warden may | 0006| recommend the number of days to be awarded in each case based | 0007| upon the particular merits, but any award shall be determined by | 0008| the director of the adult institutions divisions of the | 0009| corrections department. Allowance for exceptionally meritorious | 0010| service shall be in addition to the meritorious deductions | 0011| provided for in Subsections A and B of this section, and in the | 0012| event two or more consecutive sentences are being served, the | 0013| aggregate of the several sentences shall be the basis upon which | 0014| the deduction shall be computed. | 0015| E. The meritorious deductions provided for in | 0016| Subsections A and B of this section shall pertain to both the | 0017| basic sentence to be served and any enhanced term of imprisonment | 0018| pursuant to the provisions of the Criminal Sentencing Act. | 0019| Meritorious deductions of up to ninety days per occurrence shall | 0020| be permanently forfeited upon recommendation of the | 0021| classification committee and approval of the warden if the inmate | 0022| does not properly maintain the standard upon which the award was | 0023| based. For those inmates, permanent forfeitures in excess of | 0024| ninety days may be made upon approval of the director of the | 0025| adult institutions division of the corrections department. No | - 8 -0001| inmate shall forfeit more than fifty percent of his meritorious | 0002| deductions accrued during the previous twelve months; and after | 0003| forfeiture of any portion of an inmate's accrued meritorious | 0004| deductions, the remainder shall vest and shall not be subject to | 0005| further forfeiture. Notwithstanding any other provisions of this | 0006| section, an inmate may forfeit up to one hundred percent of all | 0007| accrued meritorious deductions if he commits any of the | 0008| following: | 0009| (1) an act of actual personal violence, as | 0010| defined by the corrections department, against: | 0011| (a) another inmate; | 0012| (b) corrections department personnel; | 0013| (c) an employee of a contractor operating | 0014| on behalf of the corrections department; or | 0015| (d) any other person lawfully on the | 0016| premises of a corrections department facility or other facility | 0017| where department inmates are housed; | 0018| (2) one positive drug test while 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; | - 9 -0001| (3) is not actively participating in a program | 0002| recommended and approved for him by the classification committee; | 0003| or | 0004| (4) is within the first thirty days' receipt by | 0005| the corrections department and his record from the county jail | 0006| reflects that he has committed misconduct in the county jail that | 0007| in the professional judgment of the corrections department should | 0008| result in a delay of thirty days to begin earning meritorious | 0009| 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 rules | 0018| to implement the provisions of this section, and the rules shall | 0019| be matters of public record. A concise summary of the rules | 0020| shall be provided to every inmate, and every inmate shall receive | 0021| a quarterly statement of the meritorious deductions he has | 0022| earned. | 0023| I. A New Mexico inmate confined in a federal or | 0024| out-of-state correctional facility is eligible to earn | 0025| meritorious deductions in the same manner as an inmate imprisoned | - 10 -0001| in a state-run correctional facility on the basis of his inmate | 0002| conduct reports furnished by those facilities to the corrections | 0003| department, subject to approval by the corrections department. | 0004| J. An inmate imprisoned in a correctional facility in | 0005| New Mexico that is operated by a public entity or a private | 0006| company, pursuant to a contract with the corrections department, | 0007| is eligible to earn meritorious deductions in the same manner as | 0008| an inmate imprisoned in a state-run correctional facility, | 0009| subject to approval by the corrections department. | 0010| K. As used in this section: | 0011| (1) "nonviolent offense" means any felony | 0012| offense other than a violent offense; and | 0013| (2) "violent offense" means: | 0014| (a) second degree murder, as provided in | 0015| Section 30-2-1 NMSA 1978; | 0016| (b) voluntary manslaughter, as provided in | 0017| Section 30-2-3 NMSA 1978; | 0018| (c) third degree aggravated battery, as | 0019| provided in Section 30-3-5 NMSA 1978; | 0020| (d) first degree kidnapping, as provided | 0021| in Section 30-4-1 NMSA 1978; | 0022| (e) first and second degree criminal | 0023| sexual penetration, as provided in Section 30-9-11 NMSA 1978; | 0024| (f) third degree criminal sexual contact | 0025| of a minor, as provided in Section 30-9-13 NMSA 1978; | - 11 -0001| (g) first and second degree robbery, as | 0002| provided in Section 30-16-2 NMSA 1978; | 0003| (h) second degree aggravated arson, as | 0004| provided in Section 30-17-6 NMSA 1978; and | 0005| (i) any of the following offenses, when | 0006| the nature of the offense and the resulting harm are such that | 0007| the court judges the crime to be a violent offense for the | 0008| purposes of this section: 1) involuntary manslaughter, as | 0009| provided in Section 30-2-3 NMSA 1978; 2) fourth degree aggravated | 0010| assault, as provided in Section 30-3-2 NMSA 1978; 3) third degree | 0011| assault with intent to commit a violent felony, as provided in | 0012| Section 30-3-3 NMSA 1978; 4) third and fourth degree aggravated | 0013| stalking, as provided in Section 30-3A-3.1 NMSA 1978; 5) second | 0014| degree kidnapping, as provided in Section 30-4-1 NMSA 1978; 6) | 0015| second degree abandonment of a child, as provided in Section | 0016| 30-6-1 NMSA 1978; 7) first, second and third degree abuse of a | 0017| child, as provided in Section 30-6-1 NMSA 1978; 8) third degree | 0018| dangerous use of explosives, as provided in Section 30-7-5 NMSA | 0019| 1978; 9) third and fourth degree criminal sexual penetration, as | 0020| provided in Section 30-9-11 NMSA 1978; 10) fourth degree criminal | 0021| sexual contact of a minor, as provided in Section 30-9-13 NMSA | 0022| 1978; 11) third degree robbery, as provided in Section 30-16-2 | 0023| NMSA 1978; and 12) third degree homicide by vehicle or great | 0024| bodily injury by vehicle, as provided in Section 66-8-101 NMSA | 0025| 1978." | - 12 -0001| Section 5. Section 33-2-36 NMSA 1978 (being Laws 1988, | 0002| Chapter 78, Section 6) is amended to read: | 0003| "33-2-36. FORFEITURE OF EARNED MERITORIOUS DEDUCTIONS.-- | 0004| [Any accrued deductions may be forfeited by the convict for any | 0005| major conduct violation upon the recommendation of the | 0006| classification committee, approval by the warden and final | 0007| approval by the secretary of corrections.] | 0008| A. Meritorious deductions earned by an inmate may be | 0009| forfeited by that inmate for any major conduct violation upon the | 0010| recommendation of the classification committee, approval by the | 0011| warden and final approval by the secretary of corrections. | 0012| B. The provisions of this section also apply to | 0013| forfeiture of earned meritorious deductions for an inmate | 0014| imprisoned in a: | 0015| (1) correctional facility in New Mexico | 0016| operated by a public entity or a private company, pursuant to a | 0017| contract with the corrections department; or | 0018| (2) federal or out-of-state correctional | 0019| facility." | 0020| Section 6. Section 33-2-37 NMSA 1978 (being Laws 1988, | 0021| Chapter 78, Section 7) is amended to read: | 0022| "33-2-37. RESTORATION OF FORFEITED MERITORIOUS | 0023| DEDUCTIONS.-- | 0024| A. Meritorious deductions forfeited under Section | 0025| 33-2-36 NMSA 1978 may be restored in whole or in part to [any | - 13 -0001| prisoner] an inmate who is exemplary in conduct and work | 0002| performance for a period of not less than [six] twelve months | 0003| following the date of forfeiture. Meritorious deductions may be | 0004| restored upon recommendation of the classification committee, | 0005| approval by the warden and final approval by the secretary of | 0006| corrections. | 0007| B. The provisions of this section also apply to | 0008| restoration of earned meritorious deductions for an inmate | 0009| imprisoned in a: | 0010| (1) correctional facility in New Mexico | 0011| operated by a public entity or a private company, pursuant to a | 0012| contract with the corrections department; or | 0013| (2) federal or out-of-state correctional | 0014| facility." | 0015| Section 7. Section 33-2-38 NMSA 1978 (being Laws 1889, | 0016| Chapter 76, Section 13, as amended) is amended to read: | 0017| "33-2-38. COMPUTATION OF TERM.--[Sec. 54. No convict] An | 0018| inmate shall not be discharged from the penitentiary of New | 0019| Mexico or other correctional facility until he has [remained] | 0020| served the full term for which he was sentenced. [to be] The term | 0021| shall be computed from and [including] include the day on which | 0022| his sentence took effect and [excluding] shall exclude any time | 0023| the [convict] inmate may have been at large by reason of escape | 0024| [therefrom], unless he [may be] is pardoned or otherwise released | 0025| by legal authority. [Provided that nothing in] The provisions of | - 14 -0001| this section shall [be so construed as] not be interpreted to | 0002| deprive [any convict] an inmate of any reduction of time to which | 0003| he may be entitled [to under 5070] pursuant to the provisions | 0004| of Section 33-2-34 NMSA 1978." | 0005| Section 8. Section 33-8-2 NMSA 1978 (being Laws 1981, | 0006| Chapter 127, Section 2, as amended) is amended to read: | 0007| "33-8-2. DEFINITIONS.--As used in the Corrections | 0008| Industries Act: | 0009| A. "commission" means the secretary of corrections | 0010| [commission]; | 0011| B. "department" means the corrections department; | 0012| C. "enterprise" means a manufacturing, agricultural | 0013| or service operation or group of closely related operations | 0014| within the bounds of a facility but does not include standard | 0015| facility maintenance activities and services; | 0016| D. "facility" means any place under the jurisdiction | 0017| of the department at which individuals are confined pursuant to | 0018| court order; | 0019| E. "fund" means the corrections industries revolving | 0020| fund; | 0021| F. "local public body" means all political | 0022| subdivisions of the state and their agencies, instrumentalities | 0023| and institutions supported wholly or in part by funds derived | 0024| from public taxation; and | 0025| G. "state agency" means the state or any of its | - 15 -0001| branches, agencies, departments, boards, instrumentalities or | 0002| institutions supported wholly or in part by funds derived from | 0003| public taxation." | 0004| Section 9. [NEW MATERIAL] SHORT TITLE.--Sections 9 through | 0005| 15 of this act may be cited as the "Corrections Population | 0006| Control Act". | 0007| Section 10. [NEW MATERIAL] FINDINGS--PURPOSE.-- | 0008| A. The legislature finds that: | 0009| (1) for many years, the state of New Mexico has | 0010| experienced difficulty in managing the size of its inmate | 0011| population. Often, the number of beds has been insufficient to | 0012| accommodate the inmate population committed or detained in | 0013| correctional facilities; | 0014| (2) an overcrowded inmate population was a | 0015| major cause of the disturbance that erupted at the penitentiary | 0016| of New Mexico in 1980. Moreover, problems caused by overcrowding | 0017| remain at the center of the ongoing federal litigation involving | 0018| the corrections department; | 0019| (3) a permanent solution to the overcrowded | 0020| inmate population must be established to ensure that the | 0021| corrections department is able to effectively operate its | 0022| facilities, to mitigate public safety concerns and to reduce the | 0023| likelihood of future litigation; | 0024| (4) although the corrections department is | 0025| responsible for the operation of correctional facilities, it | - 16 -0001| cannot resolve the problem of overcrowding by itself. The | 0002| department has no control over the admission of inmates into its | 0003| facilities and has only limited control over the release of | 0004| inmates from its facilities; and | 0005| (5) a permanent solution to the overcrowded | 0006| inmate population requires participation, commitment and | 0007| cooperation by the legislative, judicial and executive branches | 0008| of government and all criminal justice agencies. | 0009| B. The purpose of the Corrections Population Control | 0010| Act is to establish a corrections population control commission | 0011| that shall operate as an autonomous, nonpartisan body. The | 0012| commission shall develop and implement mechanisms to prevent the | 0013| inmate population from exceeding the capacity of correctional | 0014| facilities and shall take appropriate action when necessary to | 0015| effect the reduction of the inmate population. | 0016| Section 11. [NEW MATERIAL] DEFINITIONS.--As used in the | 0017| Corrections Population Control Act: | 0018| A. "commission" means the corrections population | 0019| control commission; | 0020| B. "female prison facility" means any female prison | 0021| facility so designated by the corrections department; | 0022| C. "male prison facilities" means: | 0023| (1) the penitentiary of New Mexico, located in | 0024| Santa Fe; | 0025| (2) the central New Mexico correctional | - 17 -0001| facility, located in Los Lunas; | 0002| (3) the Los Lunas correctional facility, | 0003| located in Los Lunas; | 0004| (4) the southern New Mexico correctional | 0005| facility, located in Las Cruces; | 0006| (5) the western New Mexico correctional | 0007| facility, located in Grants; | 0008| (6) the Roswell correctional facility, located | 0009| in Hagerman; and | 0010| (7) any other male prison facilities so | 0011| designated by the corrections department; | 0012| D. "nonviolent offender" means: | 0013| (1) a person not convicted of the following | 0014| violent offenses: | 0015| (a) murder in the first degree or murder | 0016| in the second degree pursuant to the provisions of Section 30-2-1 | 0017| NMSA 1978; | 0018| (b) aggravated assault, pursuant to the | 0019| provisions of Section 30-3-2 NMSA 1978; | 0020| (c) aggravated battery, pursuant to the | 0021| provisions of Subsection C of Section 30-3-5 NMSA 1978; | 0022| (d) kidnapping, pursuant to the provisions | 0023| of Section 30-4-1 NMSA 1978; | 0024| (e) abuse of a child, pursuant to the | 0025| provisions of Subsection C of Section 30-6-1 NMSA 1978; | - 18 -0001| (f) criminal sexual penetration, pursuant | 0002| to the provisions of Section 30-9-11 NMSA 1978; | 0003| (g) robbery while armed with a deadly | 0004| weapon, pursuant to the provisions of Section 30-16-2 NMSA 1978; | 0005| (h) use of a firearm during the commission | 0006| of a noncapital felony, pursuant to the provisions of Section | 0007| 31-18-16 NMSA 1978; | 0008| (i) intentional injury to a person sixty | 0009| years of age or older or to a handicapped person during the | 0010| commission of a noncapital felony, pursuant to the provisions of | 0011| Section 31-18-16.1 NMSA 1978; | 0012| (j) commission of three violent felonies, | 0013| pursuant to the provisions of Sections 31-18-23 and 31-18-24 NMSA | 0014| 1978; or | 0015| (k) commission of two violent sex | 0016| offenses, pursuant to the provisions of Sections 31-18-25 and | 0017| 31-18-26 NMSA 1978; | 0018| (2) a person not convicted of a violent felony, | 0019| as enumerated in Paragraph (1) of this subsection, from another | 0020| state, federal jurisdiction or foreign country within the last | 0021| ten years; | 0022| (3) a person not serving a sentence of life | 0023| imprisonment or a single or combined sentence of more than twenty | 0024| years involving physical injury, physical violence or great | 0025| bodily harm or a substantial threat or risk of physical injury, | - 19 -0001| physical violence or great bodily harm to another person, to be | 0002| determined by the commission; or | 0003| (4) a person not classified as a maximum | 0004| security inmate; and | 0005| E. "rated capacity" means the actual general | 0006| population bed space, including only individual cells and areas | 0007| designed for the long-term housing of inmates, available in the | 0008| female prison facility or male prison facilities as certified by | 0009| the secretary of corrections and subject to applicable state and | 0010| federal law. | 0011| Section 12. [NEW MATERIAL] COMMISSION--CREATION-- | 0012| MEMBERSHIP.-- | 0013| A. There is created the "corrections population | 0014| control commission". | 0015| B. The commission shall be appointed for two-year | 0016| terms and shall be composed of: | 0017| (1) the secretary of corrections, who shall | 0018| serve as chairman; | 0019| (2) a member appointed by the New Mexico | 0020| supreme court; | 0021| (3) a member appointed by the speaker of the | 0022| house of representatives; | 0023| (4) a member appointed by the president pro | 0024| tempore of the senate; | 0025| (5) one member each appointed by the minority | - 20 -0001| leader of the house of representatives and the senate, | 0002| respectively; and | 0003| (6) one member appointed by the governor. | 0004| C. A majority of the members of the commission | 0005| constitutes a quorum for the transaction of commission business. | 0006| D. The members of the commission shall be paid | 0007| pursuant to the provisions of the Per Diem and Mileage Act and | 0008| shall receive no other perquisite, compensation or allowance. | 0009| Section 13. [NEW MATERIAL] COMMISSION--DUTIES--ANNUAL | 0010| REPORT.-- | 0011| A. The commission shall study, develop and recommend | 0012| policies and mechanisms designed to manage the growth of the | 0013| inmate population by: | 0014| (1) reviewing corrections department models to | 0015| forecast projected growth in the inmate population; | 0016| (2) providing information concerning impacts on | 0017| the inmate population caused by changes in sentencing policies | 0018| and law enforcement policies; | 0019| (3) analyzing the need for future construction | 0020| of additional correctional facilities; | 0021| (4) if necessary, preparing proposed | 0022| legislation to further implementation of its policy | 0023| recommendations; and | 0024| (5) considering all of its recommendations in | 0025| light of public safety concerns. | - 21 -0001| B. The provisions of Subsection A of Section 33-2-34 | 0002| NMSA 1978 shall take effect upon certification by the commission | 0003| that an adequate level of programming is offered by the | 0004| corrections department to ensure that all inmates who want to | 0005| earn meritorious deductions have an opportunity to do so. If the | 0006| commission fails to certify an adequate level of programming, on | 0007| a semiannual basis, for any reason, the provisions of Subsection | 0008| B of Section 33-2-34 NMSA 1978 will apply to all inmates. | 0009| C. The commission shall submit an annual report of | 0010| its activities and legislative proposals to the interim | 0011| legislative committee with jurisdiction over corrections issues. | 0012| The report shall be filed with the interim legislative committee | 0013| no later than November 1 of each year. | 0014| D. The commission staff support shall be provided by | 0015| the corrections department. | 0016| Section 14. [NEW MATERIAL] OVERCROWDING--POPULATION | 0017| CONTROL MECHANISM--PROCEDURES.-- | 0018| A. When the inmate population of the corrections | 0019| department facilities, exclusive of the inmate population housed | 0020| in facilities used to relieve interim overcrowding, exceeds one | 0021| hundred twelve percent of rated capacity on or before June 30, | 0022| 1999 or one hundred percent of rated capacity after June 30, | 0023| 1999, for a period of thirty consecutive days, the following | 0024| measures shall be taken to reduce capacity: | 0025| (1) the corrections department shall engage in | - 22 -0001| all lawful and professionally appropriate efforts to reduce the | 0002| prison population to one hundred twelve percent or one hundred | 0003| percent of rated capacity as applicable, including in-state and | 0004| out-of-state inmate transfers; | 0005| (2) if prison population is still in excess of | 0006| one hundred twelve percent or one hundred percent rated capacity | 0007| as applicable after sixty consecutive days, the secretary of | 0008| corrections shall notify the commission. Included in the | 0009| notification shall be a list of nonviolent offenders who are | 0010| within one hundred eighty days of their projected release date; | 0011| (3) the commission shall convene within ten | 0012| days to consider the release of nonviolent offenders on the list | 0013| provided by the corrections department. The commission shall | 0014| also discuss with the corrections department the impact on | 0015| population of possible changes in the classification system and | 0016| expanding incarceration alternatives. Victims of those | 0017| nonviolent offenders shall receive appropriate notification that | 0018| the nonviolent offenders may be released before sentence | 0019| completion. If requested, the commission shall hear testimony or | 0020| review the written statement of a victim or relative of a victim, | 0021| as well as any public official who wishes to object to the | 0022| release of a particular nonviolent offender. For nonviolent | 0023| offenders as to whom an objection is made, the commission shall | 0024| deliberate on the release of the nonviolent offender | 0025| individually; | - 23 -0001| (4) for nonviolent offenders approved by the | 0002| commission for release, the commission shall grant emergency | 0003| release credits in ten-day increments that will be applied to the | 0004| sentence or sentences being served by the nonviolent offenders. | 0005| The commission shall order release of the appropriate number of | 0006| nonviolent offenders to reduce the prison population to the | 0007| applicable rated capacity; and | 0008| (5) notwithstanding any other provisions of | 0009| this section, a nonviolent offender shall not be released: | 0010| (a) unless the nonviolent offender has a | 0011| parole plan pursuant to applicable parole board regulations; | 0012| (b) if the information concerning the | 0013| nonviolent offender is discovered to be materially inaccurate; | 0014| (c) if the nonviolent offender commits a | 0015| crime while incarcerated or receives a disciplinary infraction; | 0016| (d) if the nonviolent offender fails a | 0017| drug screening test within ten days of the scheduled release; or | 0018| (e) if the effect of releasing nonviolent | 0019| offenders will result in the loss of federal funds to any agency | 0020| of the state. | 0021| B. If a bill is introduced during a legislative | 0022| session that proposes to create a new criminal offense, proposes | 0023| the imposition of mandatory sentencing or proposes an increase to | 0024| an existing sentence, the corrections department shall provide | 0025| the legislature with: | - 24 -0001| (1) a fiscal impact report for a period five | 0002| years into the future; and | 0003| (2) a report regarding the increased number of | 0004| prison beds that will be needed for a period five years into the | 0005| future. | 0006| Section 15. [NEW MATERIAL] TERMINATION OF AGENCY LIFE-- | 0007| TRANSFER OF FUNCTIONS.--The corrections population control | 0008| commission is terminated on June 30, 2003. On July 1, 2003, the | 0009| secretary of corrections shall assume the duties and | 0010| responsibilities of the commission. | 0011| Section 16. TEMPORARY PROVISION.-- | 0012| A. Effective immediately, the secretary of | 0013| corrections shall implement those provisions of the Corrections | 0014| Population Control Act that provide for the release of nonviolent | 0015| offenders within one hundred eighty days of projected release. | 0016| This release authorization shall be implemented by the secretary | 0017| of corrections without regard to the creation of the corrections | 0018| population control commission provided for in the Corrections | 0019| Population Control Act and without regard to the procedural time | 0020| frames provided for in that act. | 0021| B. The provisions of this section shall remain in | 0022| effect until July 1, 1998. | 0023| Section 17. REPEAL.--Section 33-8-14 NMSA 1978 (being Laws | 0024| 1981, Chapter 127, Section 14) is repealed. | 0025| Section 18. APPLICABILITY.--The provisions of Sections 1 | - 25 -0001| and 4 through 7 of this act apply to persons convicted of a | 0002| criminal offense committed on or after July 1, 1998. As to | 0003| persons convicted of a criminal offense committed prior to July | 0004| 1, 1998, the laws with respect to meritorious deductions in | 0005| effect at the time the offense was committed shall apply. | 0006| Section 19. EMERGENCY.--It is necessary for the public | 0007| peace, health and safety that this act take effect immediately. | 0008| |