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| 2 | + | [bracketed material] = delete | |
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| 28 | + | HOUSE BILL 102 | |
| 29 | + | 57 | |
| 30 | + | TH LEGISLATURE | |
| 31 | + | - | |
| 32 | + | ||
| 33 | + | STATE | |
| 34 | + | ||
| 35 | + | OF | |
| 36 | + | ||
| 37 | + | NEW | |
| 38 | + | ||
| 39 | + | MEXICO | |
| 40 | + | ||
| 41 | + | - | |
| 42 | + | FIRST SESSION | |
| 43 | + | , | |
| 44 | + | ||
| 45 | + | 2025 | |
| 46 | + | INTRODUCED BY | |
| 47 | + | Andrea Reeb | |
| 28 | 48 | AN ACT | |
| 29 | 49 | RELATING TO CORRECTIONS; CLASSIFYING HOMICIDE BY A VEHICLE OR | |
| 30 | - | GREAT BODILY HARM BY A VEHICLE AS A SERIOUS VIOLENT OFFENSE | |
| 31 | - | ||
| 50 | + | GREAT BODILY HARM BY A VEHICLE AS A SERIOUS VIOLENT OFFENSE FOR | |
| 51 | + | EARNED MERITORIOUS DEDUCTIONS. | |
| 32 | 52 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | |
| 33 | 53 | SECTION 1. Section 33-2-34 NMSA 1978 (being Laws 1999, | |
| 34 | 54 | Chapter 238, Section 1, as amended) is amended to read: | |
| 35 | 55 | "33-2-34. ELIGIBILITY FOR EARNED MERITORIOUS | |
| 36 | 56 | DEDUCTIONS.-- | |
| 37 | 57 | A. To earn meritorious deductions, a prisoner | |
| 38 | 58 | confined in a correctional facility designated by the | |
| 39 | 59 | corrections department must be an active participant in | |
| 40 | 60 | programs recommended for the prisoner by the classification | |
| 41 | - | supervisor and approved by the warden or the warden's | |
| 42 | - | designee. Meritorious deductions shall not exceed the | |
| 43 | - | following amounts: | |
| 44 | - | (1) for a prisoner confined for committing a | |
| 45 | - | serious violent offense, up to a maximum of four days per | |
| 46 | - | month of time served; | |
| 47 | - | (2) for a prisoner confined for committing a | |
| 48 | - | nonviolent offense, up to a maximum of thirty days per month | |
| 49 | - | of time served; | |
| 50 | - | (3) for a prisoner confined following | |
| 51 | - | revocation of parole for the alleged commission of a new HB 102 | |
| 52 | - | Page 2 | |
| 61 | + | supervisor and approved by the warden or the warden's designee. | |
| 62 | + | Meritorious deductions shall not exceed the following amounts: | |
| 63 | + | .228749.1 underscored material = new | |
| 64 | + | [bracketed material] = delete | |
| 53 | 65 | 1 | |
| 54 | 66 | 2 | |
| 55 | 67 | 3 | |
| 56 | 68 | 4 | |
| 57 | 69 | 5 | |
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| 73 | 85 | 21 | |
| 74 | 86 | 22 | |
| 75 | 87 | 23 | |
| 76 | 88 | 24 | |
| 77 | 89 | 25 | |
| 78 | - | felony offense or for absconding from parole, up to a maximum | |
| 79 | - | of four days per month of time served during the parole term | |
| 80 | - | following revocation; and | |
| 90 | + | (1) for a prisoner confined for committing a | |
| 91 | + | serious violent offense, up to a maximum of four days per month | |
| 92 | + | of time served; | |
| 93 | + | (2) for a prisoner confined for committing a | |
| 94 | + | nonviolent offense, up to a maximum of thirty days per month of | |
| 95 | + | time served; | |
| 96 | + | (3) for a prisoner confined following | |
| 97 | + | revocation of parole for the alleged commission of a new felony | |
| 98 | + | offense or for absconding from parole, up to a maximum of four | |
| 99 | + | days per month of time served during the parole term following | |
| 100 | + | revocation; and | |
| 81 | 101 | (4) for a prisoner confined following | |
| 82 | 102 | revocation of parole for a reason other than the alleged | |
| 83 | 103 | commission of a new felony offense or absconding from parole: | |
| 84 | 104 | (a) up to a maximum of eight days per | |
| 85 | 105 | month of time served during the parole term following | |
| 86 | - | revocation, if the prisoner was convicted of a serious | |
| 87 | - | ||
| 88 | - | ||
| 106 | + | revocation, if the prisoner was convicted of a serious violent | |
| 107 | + | offense or failed to pass a drug test administered as a | |
| 108 | + | condition of parole; or | |
| 89 | 109 | (b) up to a maximum of thirty days per | |
| 90 | 110 | month of time served during the parole term following | |
| 91 | 111 | revocation, if the prisoner was convicted of a nonviolent | |
| 92 | 112 | offense. | |
| 93 | 113 | B. A prisoner may earn meritorious deductions upon | |
| 94 | - | recommendation by the classification supervisor, based upon | |
| 95 | - | the prisoner's active participation in approved programs and | |
| 96 | - | the quality of the prisoner's participation in those approved | |
| 97 | - | programs. A prisoner may not earn meritorious deductions | |
| 98 | - | unless the recommendation of the classification supervisor is | |
| 99 | - | approved by the warden or the warden's designee. | |
| 100 | - | C. If a prisoner's active participation in | |
| 101 | - | approved programs is interrupted by a lockdown at a | |
| 102 | - | correctional facility, the prisoner may continue to be HB 102 | |
| 103 | - | Page 3 | |
| 114 | + | recommendation by the classification supervisor, based upon the | |
| 115 | + | .228749.1 | |
| 116 | + | - 2 - underscored material = new | |
| 117 | + | [bracketed material] = delete | |
| 104 | 118 | 1 | |
| 105 | 119 | 2 | |
| 106 | 120 | 3 | |
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| 120 | 134 | 17 | |
| 121 | 135 | 18 | |
| 122 | 136 | 19 | |
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| 124 | 138 | 21 | |
| 125 | 139 | 22 | |
| 126 | 140 | 23 | |
| 127 | 141 | 24 | |
| 128 | 142 | 25 | |
| 129 | - | awarded meritorious deductions at the rate the prisoner was | |
| 130 | - | earning meritorious deductions prior to the lockdown, unless | |
| 131 | - | the warden or the warden's designee determines that the | |
| 132 | - | prisoner's conduct contributed to the initiation or | |
| 133 | - | continuance of the lockdown. | |
| 143 | + | prisoner's active participation in approved programs and the | |
| 144 | + | quality of the prisoner's participation in those approved | |
| 145 | + | programs. A prisoner may not earn meritorious deductions | |
| 146 | + | unless the recommendation of the classification supervisor is | |
| 147 | + | approved by the warden or the warden's designee. | |
| 148 | + | C. If a prisoner's active participation in approved | |
| 149 | + | programs is interrupted by a lockdown at a correctional | |
| 150 | + | facility, the prisoner may continue to be awarded meritorious | |
| 151 | + | deductions at the rate the prisoner was earning meritorious | |
| 152 | + | deductions prior to the lockdown, unless the warden or the | |
| 153 | + | warden's designee determines that the prisoner's conduct | |
| 154 | + | contributed to the initiation or continuance of the lockdown. | |
| 134 | 155 | D. A prisoner confined in a correctional facility | |
| 135 | - | designated by the corrections department is eligible for | |
| 136 | - | ||
| 156 | + | designated by the corrections department is eligible for lump- | |
| 157 | + | sum meritorious deductions as follows: | |
| 137 | 158 | (1) for successfully completing an approved | |
| 138 | 159 | vocational, substance abuse or mental health program, one | |
| 139 | 160 | month; except when the prisoner has a demonstrable physical, | |
| 140 | 161 | mental health or developmental disability that prevents the | |
| 141 | 162 | prisoner from successfully earning a high school equivalency | |
| 142 | - | credential, in which case, the prisoner shall be awarded | |
| 143 | - | ||
| 163 | + | credential, in which case, the prisoner shall be awarded three | |
| 164 | + | months; | |
| 144 | 165 | (2) for earning a high school equivalency | |
| 145 | 166 | credential, three months; | |
| 146 | 167 | (3) for earning an associate's degree, four | |
| 147 | - | months; | |
| 148 | - | (4) for earning a bachelor's degree, five | |
| 149 | - | months; | |
| 150 | - | (5) for earning a graduate qualification, | |
| 151 | - | five months; and | |
| 152 | - | (6) for engaging in a heroic act of saving | |
| 153 | - | life or property, engaging in extraordinary conduct for the HB 102 | |
| 154 | - | Page 4 | |
| 168 | + | .228749.1 | |
| 169 | + | - 3 - underscored material = new | |
| 170 | + | [bracketed material] = delete | |
| 155 | 171 | 1 | |
| 156 | 172 | 2 | |
| 157 | 173 | 3 | |
| 158 | 174 | 4 | |
| 159 | 175 | 5 | |
| 160 | 176 | 6 | |
| 161 | 177 | 7 | |
| 162 | 178 | 8 | |
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| 166 | 182 | 12 | |
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| 169 | 185 | 15 | |
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| 171 | 187 | 17 | |
| 172 | 188 | 18 | |
| 173 | 189 | 19 | |
| 174 | 190 | 20 | |
| 175 | 191 | 21 | |
| 176 | 192 | 22 | |
| 177 | 193 | 23 | |
| 178 | 194 | 24 | |
| 179 | 195 | 25 | |
| 180 | - | benefit of the state or the public that is at great expense | |
| 181 | - | or risk to or involves great effort on the part of the | |
| 182 | - | prisoner or engaging in extraordinary conduct far in excess | |
| 183 | - | of normal program assignments that demonstrates the | |
| 184 | - | prisoner's commitment to self-rehabilitation. The | |
| 185 | - | classification supervisor and the warden or the warden's | |
| 186 | - | designee may recommend the number of days to be awarded in | |
| 187 | - | each case based upon the particular merits, but any award | |
| 188 | - | shall be determined by the director of the adult institutions | |
| 189 | - | division of the corrections department or the director's | |
| 190 | - | designee. | |
| 196 | + | months; | |
| 197 | + | (4) for earning a bachelor's degree, five | |
| 198 | + | months; | |
| 199 | + | (5) for earning a graduate qualification, five | |
| 200 | + | months; and | |
| 201 | + | (6) for engaging in a heroic act of saving | |
| 202 | + | life or property, engaging in extraordinary conduct for the | |
| 203 | + | benefit of the state or the public that is at great expense or | |
| 204 | + | risk to or involves great effort on the part of the prisoner or | |
| 205 | + | engaging in extraordinary conduct far in excess of normal | |
| 206 | + | program assignments that demonstrates the prisoner's commitment | |
| 207 | + | to self-rehabilitation. The classification supervisor and the | |
| 208 | + | warden or the warden's designee may recommend the number of | |
| 209 | + | days to be awarded in each case based upon the particular | |
| 210 | + | merits, but any award shall be determined by the director of | |
| 211 | + | the adult institutions division of the corrections department | |
| 212 | + | or the director's designee. | |
| 191 | 213 | E. Lump-sum meritorious deductions, provided in | |
| 192 | - | Paragraphs (1) through (6) of Subsection D of this section, | |
| 193 | - | may be awarded in addition to the meritorious deductions | |
| 194 | - | provided in Subsections A and B of this section. Lump-sum | |
| 195 | - | meritorious deductions shall not exceed one year per award | |
| 196 | - | and shall not exceed a total of one year for all lump-sum | |
| 197 | - | meritorious deductions awarded in any consecutive twelve- | |
| 198 | - | month period. | |
| 214 | + | Paragraphs (1) through (6) of Subsection D of this section, may | |
| 215 | + | be awarded in addition to the meritorious deductions provided | |
| 216 | + | in Subsections A and B of this section. Lump-sum meritorious | |
| 217 | + | deductions shall not exceed one year per award and shall not | |
| 218 | + | exceed a total of one year for all lump-sum meritorious | |
| 219 | + | deductions awarded in any consecutive twelve-month period. | |
| 199 | 220 | F. A prisoner is not eligible to earn meritorious | |
| 200 | - | deductions if the prisoner: | |
| 201 | - | (1) disobeys an order to perform labor, | |
| 202 | - | pursuant to Section 33-8-4 NMSA 1978; | |
| 203 | - | (2) is in disciplinary segregation; | |
| 204 | - | (3) is confined for committing a serious HB 102 | |
| 205 | - | Page 5 | |
| 221 | + | .228749.1 | |
| 222 | + | - 4 - underscored material = new | |
| 223 | + | [bracketed material] = delete | |
| 206 | 224 | 1 | |
| 207 | 225 | 2 | |
| 208 | 226 | 3 | |
| 209 | 227 | 4 | |
| 210 | 228 | 5 | |
| 211 | 229 | 6 | |
| 212 | 230 | 7 | |
| 213 | 231 | 8 | |
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| 216 | 234 | 11 | |
| 217 | 235 | 12 | |
| 218 | 236 | 13 | |
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| 220 | 238 | 15 | |
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| 222 | 240 | 17 | |
| 223 | 241 | 18 | |
| 224 | 242 | 19 | |
| 225 | 243 | 20 | |
| 226 | 244 | 21 | |
| 227 | 245 | 22 | |
| 228 | 246 | 23 | |
| 229 | 247 | 24 | |
| 230 | 248 | 25 | |
| 249 | + | deductions if the prisoner: | |
| 250 | + | (1) disobeys an order to perform labor, | |
| 251 | + | pursuant to Section 33-8-4 NMSA 1978; | |
| 252 | + | (2) is in disciplinary segregation; | |
| 253 | + | (3) is confined for committing a serious | |
| 231 | 254 | violent offense and is within the first sixty days of receipt | |
| 232 | 255 | by the corrections department; or | |
| 233 | 256 | (4) is not an active participant in programs | |
| 234 | - | recommended and approved for the prisoner by the | |
| 235 | - | ||
| 257 | + | recommended and approved for the prisoner by the classification | |
| 258 | + | supervisor. | |
| 236 | 259 | G. The provisions of this section shall not be | |
| 237 | 260 | interpreted as providing eligibility to earn meritorious | |
| 238 | 261 | deductions from a sentence of life imprisonment or a sentence | |
| 239 | - | of life imprisonment without possibility of release or | |
| 240 | - | parole. | |
| 262 | + | of life imprisonment without possibility of release or parole. | |
| 241 | 263 | H. The corrections department shall promulgate | |
| 242 | 264 | rules to implement the provisions of this section, and the | |
| 243 | - | rules shall be matters of public record. A concise summary | |
| 244 | - | ||
| 245 | - | ||
| 246 | - | ||
| 265 | + | rules shall be matters of public record. A concise summary of | |
| 266 | + | the rules shall be provided to each prisoner, and each prisoner | |
| 267 | + | shall receive a quarterly statement of the meritorious | |
| 268 | + | deductions earned. | |
| 247 | 269 | I. A New Mexico prisoner confined in a federal or | |
| 248 | 270 | out-of-state correctional facility is eligible to earn | |
| 249 | - | meritorious deductions for active participation in programs | |
| 250 | - | on the basis of the prisoner's conduct and program reports | |
| 251 | - | furnished by that facility to the corrections department. | |
| 252 | - | All decisions regarding the award and forfeiture of | |
| 253 | - | meritorious deductions at such facility are subject to final | |
| 254 | - | approval by the director of the adult institutions division | |
| 255 | - | of the corrections department or the director's designee. HB 102 | |
| 256 | - | Page 6 | |
| 271 | + | meritorious deductions for active participation in programs on | |
| 272 | + | the basis of the prisoner's conduct and program reports | |
| 273 | + | furnished by that facility to the corrections department. All | |
| 274 | + | .228749.1 | |
| 275 | + | - 5 - underscored material = new | |
| 276 | + | [bracketed material] = delete | |
| 257 | 277 | 1 | |
| 258 | 278 | 2 | |
| 259 | 279 | 3 | |
| 260 | 280 | 4 | |
| 261 | 281 | 5 | |
| 262 | 282 | 6 | |
| 263 | 283 | 7 | |
| 264 | 284 | 8 | |
| 265 | 285 | 9 | |
| 266 | 286 | 10 | |
| 267 | 287 | 11 | |
| 268 | 288 | 12 | |
| 269 | 289 | 13 | |
| 270 | 290 | 14 | |
| 271 | 291 | 15 | |
| 272 | 292 | 16 | |
| 273 | 293 | 17 | |
| 274 | 294 | 18 | |
| 275 | 295 | 19 | |
| 276 | 296 | 20 | |
| 277 | 297 | 21 | |
| 278 | 298 | 22 | |
| 279 | 299 | 23 | |
| 280 | 300 | 24 | |
| 281 | 301 | 25 | |
| 302 | + | decisions regarding the award and forfeiture of meritorious | |
| 303 | + | deductions at such facility are subject to final approval by | |
| 304 | + | the director of the adult institutions division of the | |
| 305 | + | corrections department or the director's designee. | |
| 282 | 306 | J. In order to be eligible for meritorious | |
| 283 | 307 | deductions, a prisoner confined in a federal or out-of-state | |
| 284 | - | correctional facility designated by the corrections | |
| 285 | - | ||
| 286 | - | ||
| 287 | - | ||
| 288 | - | ||
| 289 | - | ||
| 290 | - | ||
| 308 | + | correctional facility designated by the corrections department | |
| 309 | + | must actively participate in programs that are available. If a | |
| 310 | + | federal or out-of-state correctional facility does not have | |
| 311 | + | programs available for a prisoner, the prisoner may be awarded | |
| 312 | + | meritorious deductions at the rate the prisoner could have | |
| 313 | + | earned meritorious deductions if the prisoner had actively | |
| 314 | + | participated in programs. | |
| 291 | 315 | K. A prisoner confined in a correctional facility | |
| 292 | 316 | in New Mexico that is operated by a private company, pursuant | |
| 293 | 317 | to a contract with the corrections department, is eligible to | |
| 294 | 318 | earn meritorious deductions in the same manner as a prisoner | |
| 295 | 319 | confined in a state-run correctional facility. All decisions | |
| 296 | - | regarding the award or forfeiture of meritorious deductions | |
| 297 | - | ||
| 298 | - | ||
| 299 | - | ||
| 320 | + | regarding the award or forfeiture of meritorious deductions at | |
| 321 | + | such facilities are subject to final approval by the director | |
| 322 | + | of the adult institutions division of the corrections | |
| 323 | + | department or the director's designee. | |
| 300 | 324 | L. As used in this section: | |
| 301 | - | (1) "active participant" means a prisoner | |
| 302 | - | who has begun, and is regularly engaged in, approved | |
| 303 | - | programs; | |
| 304 | - | (2) "program" means work, vocational, | |
| 305 | - | educational, substance abuse and mental health programs, | |
| 306 | - | approved by the classification supervisor, that contribute to HB 102 | |
| 307 | - | Page 7 | |
| 325 | + | (1) "active participant" means a prisoner who | |
| 326 | + | has begun, and is regularly engaged in, approved programs; | |
| 327 | + | .228749.1 | |
| 328 | + | - 6 - underscored material = new | |
| 329 | + | [bracketed material] = delete | |
| 308 | 330 | 1 | |
| 309 | 331 | 2 | |
| 310 | 332 | 3 | |
| 311 | 333 | 4 | |
| 312 | 334 | 5 | |
| 313 | 335 | 6 | |
| 314 | 336 | 7 | |
| 315 | 337 | 8 | |
| 316 | 338 | 9 | |
| 317 | 339 | 10 | |
| 318 | 340 | 11 | |
| 319 | 341 | 12 | |
| 320 | 342 | 13 | |
| 321 | 343 | 14 | |
| 322 | 344 | 15 | |
| 323 | 345 | 16 | |
| 324 | 346 | 17 | |
| 325 | 347 | 18 | |
| 326 | 348 | 19 | |
| 327 | 349 | 20 | |
| 328 | 350 | 21 | |
| 329 | 351 | 22 | |
| 330 | 352 | 23 | |
| 331 | 353 | 24 | |
| 332 | 354 | 25 | |
| 333 | - | a prisoner's self-betterment through the development of | |
| 334 | - | personal and occupational skills. "Program" does not include | |
| 355 | + | (2) "program" means work, vocational, | |
| 356 | + | educational, substance abuse and mental health programs, | |
| 357 | + | approved by the classification supervisor, that contribute to a | |
| 358 | + | prisoner's self-betterment through the development of personal | |
| 359 | + | and occupational skills. "Program" does not include | |
| 335 | 360 | recreational activities; | |
| 336 | 361 | (3) "nonviolent offense" means any offense | |
| 337 | 362 | other than a serious violent offense; and | |
| 338 | 363 | (4) "serious violent offense" means: | |
| 339 | - | (a) second degree murder, as provided | |
| 340 | - | ||
| 364 | + | (a) second degree murder, as provided in | |
| 365 | + | Section 30-2-1 NMSA 1978; | |
| 341 | 366 | (b) voluntary manslaughter, as provided | |
| 342 | 367 | in Section 30-2-3 NMSA 1978; | |
| 343 | 368 | (c) third degree aggravated battery, as | |
| 344 | 369 | provided in Section 30-3-5 NMSA 1978; | |
| 345 | 370 | (d) third degree aggravated battery | |
| 346 | - | against a household member, as provided in Section 30-3-16 | |
| 347 | - | ||
| 348 | - | (e) first degree kidnapping, as | |
| 349 | - | ||
| 371 | + | against a household member, as provided in Section 30-3-16 NMSA | |
| 372 | + | 1978; | |
| 373 | + | (e) first degree kidnapping, as provided | |
| 374 | + | in Section 30-4-1 NMSA 1978; | |
| 350 | 375 | (f) first and second degree criminal | |
| 351 | 376 | sexual penetration, as provided in Section 30-9-11 NMSA 1978; | |
| 352 | 377 | (g) second and third degree criminal | |
| 353 | - | sexual contact of a minor, as provided in Section 30-9-13 | |
| 354 | - | NMSA 1978; | |
| 355 | - | (h) first and second degree robbery, as | |
| 356 | - | provided in Section 30-16-2 NMSA 1978; | |
| 357 | - | (i) second degree aggravated arson, as HB 102 | |
| 358 | - | Page 8 | |
| 378 | + | sexual contact of a minor, as provided in Section 30-9-13 NMSA | |
| 379 | + | 1978; | |
| 380 | + | .228749.1 | |
| 381 | + | - 7 - underscored material = new | |
| 382 | + | [bracketed material] = delete | |
| 359 | 383 | 1 | |
| 360 | 384 | 2 | |
| 361 | 385 | 3 | |
| 362 | 386 | 4 | |
| 363 | 387 | 5 | |
| 364 | 388 | 6 | |
| 365 | 389 | 7 | |
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| 370 | 394 | 12 | |
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| 372 | 396 | 14 | |
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| 374 | 398 | 16 | |
| 375 | 399 | 17 | |
| 376 | 400 | 18 | |
| 377 | 401 | 19 | |
| 378 | 402 | 20 | |
| 379 | 403 | 21 | |
| 380 | 404 | 22 | |
| 381 | 405 | 23 | |
| 382 | 406 | 24 | |
| 383 | 407 | 25 | |
| 408 | + | (h) first and second degree robbery, as | |
| 409 | + | provided in Section 30-16-2 NMSA 1978; | |
| 410 | + | (i) second degree aggravated arson, as | |
| 384 | 411 | provided in Section 30-17-6 NMSA 1978; | |
| 385 | 412 | (j) shooting at a dwelling or occupied | |
| 386 | 413 | building, as provided in Section 30-3-8 NMSA 1978; | |
| 387 | - | (k) shooting at or from a motor | |
| 388 | - | ||
| 414 | + | (k) shooting at or from a motor vehicle, | |
| 415 | + | as provided in Section 30-3-8 NMSA 1978; | |
| 389 | 416 | (l) aggravated battery upon a peace | |
| 390 | 417 | officer, as provided in Section 30-22-25 NMSA 1978; | |
| 391 | 418 | (m) assault with intent to commit a | |
| 392 | 419 | violent felony upon a peace officer, as provided in Section | |
| 393 | 420 | 30-22-23 NMSA 1978; | |
| 394 | 421 | (n) aggravated assault upon a peace | |
| 395 | 422 | officer, as provided in Section 30-22-22 NMSA 1978; or | |
| 396 | 423 | (o) any of the following offenses, when | |
| 397 | - | the nature of the offense and the resulting harm are such | |
| 398 | - | that the court judges the crime to be a serious violent | |
| 399 | - | offense for the purpose of this section: 1) involuntary | |
| 400 | - | manslaughter, as provided in Section 30-2-3 NMSA 1978; 2) | |
| 401 | - | fourth degree aggravated assault, as provided in Section | |
| 402 | - | 30-3-2 NMSA 1978; 3) third degree assault with intent to | |
| 403 | - | commit a violent felony, as provided in Section 30-3-3 NMSA | |
| 404 | - | 1978; 4) fourth degree aggravated assault against a household | |
| 405 | - | member, as provided in Section 30-3-13 NMSA 1978; 5) third | |
| 406 | - | degree assault against a household member with intent to | |
| 407 | - | commit a violent felony, as provided in Section 30-3-14 NMSA | |
| 408 | - | 1978; 6) third and fourth degree aggravated stalking, as HB 102 | |
| 409 | - | Page 9 | |
| 424 | + | the nature of the offense and the resulting harm are such that | |
| 425 | + | the court judges the crime to be a serious violent offense for | |
| 426 | + | the purpose of this section: 1) involuntary manslaughter, as | |
| 427 | + | provided in Section 30-2-3 NMSA 1978; 2) fourth degree | |
| 428 | + | aggravated assault, as provided in Section 30-3-2 NMSA 1978; 3) | |
| 429 | + | third degree assault with intent to commit a violent felony, as | |
| 430 | + | provided in Section 30-3-3 NMSA 1978; 4) fourth degree | |
| 431 | + | aggravated assault against a household member, as provided in | |
| 432 | + | Section 30-3-13 NMSA 1978; 5) third degree assault against a | |
| 433 | + | .228749.1 | |
| 434 | + | - 8 - underscored material = new | |
| 435 | + | [bracketed material] = delete | |
| 410 | 436 | 1 | |
| 411 | 437 | 2 | |
| 412 | 438 | 3 | |
| 413 | 439 | 4 | |
| 414 | 440 | 5 | |
| 415 | 441 | 6 | |
| 416 | 442 | 7 | |
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| 422 | 448 | 13 | |
| 423 | 449 | 14 | |
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| 427 | 453 | 18 | |
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| 431 | 457 | 22 | |
| 432 | 458 | 23 | |
| 433 | 459 | 24 | |
| 434 | 460 | 25 | |
| 435 | - | provided in Section 30-3A-3.1 NMSA 1978; 7) second degree | |
| 436 | - | kidnapping, as provided in Section 30-4-1 NMSA 1978; 8) | |
| 437 | - | second degree abandonment of a child, as provided in Section | |
| 438 | - | 30-6-1 NMSA 1978; 9) first, second and third degree abuse of | |
| 439 | - | a child, as provided in Section 30-6-1 NMSA 1978; 10) third | |
| 440 | - | degree dangerous use of explosives, as provided in Section | |
| 441 | - | 30-7-5 NMSA 1978; 11) third and fourth degree criminal sexual | |
| 442 | - | penetration, as provided in Section 30-9-11 NMSA 1978; 12) | |
| 443 | - | fourth degree criminal sexual contact of a minor, as provided | |
| 444 | - | in Section 30-9-13 NMSA 1978; 13) third degree robbery, as | |
| 445 | - | provided in Section 30-16-2 NMSA 1978; 14) homicide by | |
| 446 | - | vehicle or great bodily harm by vehicle, as provided in | |
| 447 | - | Section 66-8-101 NMSA 1978; or 15) battery upon a peace | |
| 448 | - | officer, as provided in Section 30-22-24 NMSA 1978. | |
| 449 | - | M. Except for sex offenders, as provided in | |
| 450 | - | Section 31-21-10.1 NMSA 1978, an offender sentenced to | |
| 451 | - | confinement in a correctional facility designated by the | |
| 452 | - | corrections department who has been released from confinement | |
| 453 | - | and who is serving a parole term may be awarded earned | |
| 454 | - | meritorious deductions of up to thirty days per month upon | |
| 455 | - | recommendation of the parole officer supervising the offender, | |
| 456 | - | with the final approval of the adult parole board. The | |
| 457 | - | offender must be in compliance with all the conditions of the | |
| 458 | - | offender's parole to be eligible for earned meritorious | |
| 459 | - | deductions. The adult parole board may remove earned HB 102 | |
| 460 | - | Page 10 | |
| 461 | + | household member with intent to commit a violent felony, as | |
| 462 | + | provided in Section 30-3-14 NMSA 1978; 6) third and fourth | |
| 463 | + | degree aggravated stalking, as provided in Section 30-3A-3.1 | |
| 464 | + | NMSA 1978; 7) second degree kidnapping, as provided in Section | |
| 465 | + | 30-4-1 NMSA 1978; 8) second degree abandonment of a child, as | |
| 466 | + | provided in Section 30-6-1 NMSA 1978; 9) first, second and | |
| 467 | + | third degree abuse of a child, as provided in Section 30-6-1 | |
| 468 | + | NMSA 1978; 10) third degree dangerous use of explosives, as | |
| 469 | + | provided in Section 30-7-5 NMSA 1978; 11) third and fourth | |
| 470 | + | degree criminal sexual penetration, as provided in Section | |
| 471 | + | 30-9-11 NMSA 1978; 12) fourth degree criminal sexual contact of | |
| 472 | + | a minor, as provided in Section 30-9-13 NMSA 1978; 13) third | |
| 473 | + | degree robbery, as provided in Section 30-16-2 NMSA 1978; 14) | |
| 474 | + | [third degree] homicide by vehicle or great bodily harm by | |
| 475 | + | vehicle, as provided in Section 66-8-101 NMSA 1978; or 15) | |
| 476 | + | battery upon a peace officer, as provided in Section 30-22-24 | |
| 477 | + | NMSA 1978. | |
| 478 | + | M. Except for sex offenders, as provided in Section | |
| 479 | + | 31-21-10.1 NMSA 1978, an offender sentenced to confinement in a | |
| 480 | + | correctional facility designated by the corrections department | |
| 481 | + | who has been released from confinement and who is serving a | |
| 482 | + | parole term may be awarded earned meritorious deductions of up | |
| 483 | + | to thirty days per month upon recommendation of the parole | |
| 484 | + | officer supervising the offender, with the final approval of | |
| 485 | + | the adult parole board. The offender must be in compliance | |
| 486 | + | .228749.1 | |
| 487 | + | - 9 - underscored material = new | |
| 488 | + | [bracketed material] = delete | |
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| 481 | 509 | 21 | |
| 482 | 510 | 22 | |
| 483 | 511 | 23 | |
| 484 | 512 | 24 | |
| 485 | 513 | 25 | |
| 486 | - | meritorious deductions previously awarded if the offender | |
| 487 | - | later fails to comply with the conditions of the offender's | |
| 488 | - | parole. The corrections department and the adult parole board | |
| 489 | - | shall promulgate rules to implement the provisions of this | |
| 490 | - | subsection. This subsection applies to offenders who are | |
| 491 | - | serving a parole term on or after July 1, 2004." | |
| 514 | + | with all the conditions of the offender's parole to be eligible | |
| 515 | + | for earned meritorious deductions. The adult parole board may | |
| 516 | + | remove earned meritorious deductions previously awarded if the | |
| 517 | + | offender later fails to comply with the conditions of the | |
| 518 | + | offender's parole. The corrections department and the adult | |
| 519 | + | parole board shall promulgate rules to implement the provisions | |
| 520 | + | of this subsection. This subsection applies to offenders who | |
| 521 | + | are serving a parole term on or after July 1, 2004." | |
| 522 | + | - 10 - | |
| 523 | + | .228749.1 |