HB 102
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AN ACT
RELATING TO CORRECTIONS; CLASSIFYING HOMICIDE BY A VEHICLE OR
GREAT BODILY HARM BY A VEHICLE AS A SERIOUS VIOLENT OFFENSE
FOR EARNED MERITORIOUS DEDUCTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 33-2-34 NMSA 1978 (being Laws 1999,
Chapter 238, Section 1, as amended) is amended to read:
"33-2-34. ELIGIBILITY FOR EARNED MERITORIOUS
DEDUCTIONS.--
A. To earn meritorious deductions, a prisoner
confined in a correctional facility designated by the
corrections department must be an active participant in
programs recommended for the prisoner by the classification
supervisor and approved by the warden or the warden's
designee. Meritorious deductions shall not exceed the
following amounts:
(1) for a prisoner confined for committing a
serious violent offense, up to a maximum of four days per
month of time served;
(2) for a prisoner confined for committing a
nonviolent offense, up to a maximum of thirty days per month
of time served;
(3) for a prisoner confined following
revocation of parole for the alleged commission of a new HB 102
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felony offense or for absconding from parole, up to a maximum
of four days per month of time served during the parole term
following revocation; and
(4) for a prisoner confined following
revocation of parole for a reason other than the alleged
commission of a new felony offense or absconding from parole:
(a) up to a maximum of eight days per
month of time served during the parole term following
revocation, if the prisoner was convicted of a serious
violent offense or failed to pass a drug test administered as
a condition of parole; or
(b) up to a maximum of thirty days per
month of time served during the parole term following
revocation, if the prisoner was convicted of a nonviolent
offense.
B. A prisoner may earn meritorious deductions upon
recommendation by the classification supervisor, based upon
the prisoner's active participation in approved programs and
the quality of the prisoner's participation in those approved
programs. A prisoner may not earn meritorious deductions
unless the recommendation of the classification supervisor is
approved by the warden or the warden's designee.
C. If a prisoner's active participation in
approved programs is interrupted by a lockdown at a
correctional facility, the prisoner may continue to be HB 102
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awarded meritorious deductions at the rate the prisoner was
earning meritorious deductions prior to the lockdown, unless
the warden or the warden's designee determines that the
prisoner's conduct contributed to the initiation or
continuance of the lockdown.
D. A prisoner confined in a correctional facility
designated by the corrections department is eligible for
lump-sum meritorious deductions as follows:
(1) for successfully completing an approved
vocational, substance abuse or mental health program, one
month; except when the prisoner has a demonstrable physical,
mental health or developmental disability that prevents the
prisoner from successfully earning a high school equivalency
credential, in which case, the prisoner shall be awarded
three months;
(2) for earning a high school equivalency
credential, three months;
(3) for earning an associate's degree, four
months;
(4) for earning a bachelor's degree, five
months;
(5) for earning a graduate qualification,
five months; and
(6) for engaging in a heroic act of saving
life or property, engaging in extraordinary conduct for the HB 102
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benefit of the state or the public that is at great expense
or risk to or involves great effort on the part of the
prisoner or engaging in extraordinary conduct far in excess
of normal program assignments that demonstrates the
prisoner's commitment to self-rehabilitation. The
classification supervisor and the warden or the warden's
designee may recommend the number of days to be awarded in
each case based upon the particular merits, but any award
shall be determined by the director of the adult institutions
division of the corrections department or the director's
designee.
E. Lump-sum meritorious deductions, provided in
Paragraphs (1) through (6) of Subsection D of this section,
may be awarded in addition to the meritorious deductions
provided in Subsections A and B of this section. Lump-sum
meritorious deductions shall not exceed one year per award
and shall not exceed a total of one year for all lump-sum
meritorious deductions awarded in any consecutive twelve-
month period.
F. A prisoner is not eligible to earn meritorious
deductions if the prisoner:
(1) disobeys an order to perform labor,
pursuant to Section 33-8-4 NMSA 1978;
(2) is in disciplinary segregation;
(3) is confined for committing a serious HB 102
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violent offense and is within the first sixty days of receipt
by the corrections department; or
(4) is not an active participant in programs
recommended and approved for the prisoner by the
classification supervisor.
G. The provisions of this section shall not be
interpreted as providing eligibility to earn meritorious
deductions from a sentence of life imprisonment or a sentence
of life imprisonment without possibility of release or
parole.
H. The corrections department shall promulgate
rules to implement the provisions of this section, and the
rules shall be matters of public record. A concise summary
of the rules shall be provided to each prisoner, and each
prisoner shall receive a quarterly statement of the
meritorious deductions earned.
I. A New Mexico prisoner confined in a federal or
out-of-state correctional facility is eligible to earn
meritorious deductions for active participation in programs
on the basis of the prisoner's conduct and program reports
furnished by that facility to the corrections department.
All decisions regarding the award and forfeiture of
meritorious deductions at such facility are subject to final
approval by the director of the adult institutions division
of the corrections department or the director's designee. HB 102
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J. In order to be eligible for meritorious
deductions, a prisoner confined in a federal or out-of-state
correctional facility designated by the corrections
department must actively participate in programs that are
available. If a federal or out-of-state correctional
facility does not have programs available for a prisoner, the
prisoner may be awarded meritorious deductions at the rate
the prisoner could have earned meritorious deductions if the
prisoner had actively participated in programs.
K. A prisoner confined in a correctional facility
in New Mexico that is operated by a private company, pursuant
to a contract with the corrections department, is eligible to
earn meritorious deductions in the same manner as a prisoner
confined in a state-run correctional facility. All decisions
regarding the award or forfeiture of meritorious deductions
at such facilities are subject to final approval by the
director of the adult institutions division of the
corrections department or the director's designee.
L. As used in this section:
(1) "active participant" means a prisoner
who has begun, and is regularly engaged in, approved
programs;
(2) "program" means work, vocational,
educational, substance abuse and mental health programs,
approved by the classification supervisor, that contribute to HB 102
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a prisoner's self-betterment through the development of
personal and occupational skills. "Program" does not include
recreational activities;
(3) "nonviolent offense" means any offense
other than a serious violent offense; and
(4) "serious violent offense" means:
(a) second degree murder, as provided
in Section 30-2-1 NMSA 1978;
(b) voluntary manslaughter, as provided
in Section 30-2-3 NMSA 1978;
(c) third degree aggravated battery, as
provided in Section 30-3-5 NMSA 1978;
(d) third degree aggravated battery
against a household member, as provided in Section 30-3-16
NMSA 1978;
(e) first degree kidnapping, as
provided in Section 30-4-1 NMSA 1978;
(f) first and second degree criminal
sexual penetration, as provided in Section 30-9-11 NMSA 1978;
(g) second and third degree criminal
sexual contact of a minor, as provided in Section 30-9-13
NMSA 1978;
(h) first and second degree robbery, as
provided in Section 30-16-2 NMSA 1978;
(i) second degree aggravated arson, as HB 102
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provided in Section 30-17-6 NMSA 1978;
(j) shooting at a dwelling or occupied
building, as provided in Section 30-3-8 NMSA 1978;
(k) shooting at or from a motor
vehicle, as provided in Section 30-3-8 NMSA 1978;
(l) aggravated battery upon a peace
officer, as provided in Section 30-22-25 NMSA 1978;
(m) assault with intent to commit a
violent felony upon a peace officer, as provided in Section
30-22-23 NMSA 1978;
(n) aggravated assault upon a peace
officer, as provided in Section 30-22-22 NMSA 1978; or
(o) any of the following offenses, when
the nature of the offense and the resulting harm are such
that the court judges the crime to be a serious violent
offense for the purpose of this section: 1) involuntary
manslaughter, as provided in Section 30-2-3 NMSA 1978; 2)
fourth degree aggravated assault, as provided in Section
30-3-2 NMSA 1978; 3) third degree assault with intent to
commit a violent felony, as provided in Section 30-3-3 NMSA
1978; 4) fourth degree aggravated assault against a household
member, as provided in Section 30-3-13 NMSA 1978; 5) third
degree assault against a household member with intent to
commit a violent felony, as provided in Section 30-3-14 NMSA
1978; 6) third and fourth degree aggravated stalking, as HB 102
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provided in Section 30-3A-3.1 NMSA 1978; 7) second degree
kidnapping, as provided in Section 30-4-1 NMSA 1978; 8)
second degree abandonment of a child, as provided in Section
30-6-1 NMSA 1978; 9) first, second and third degree abuse of
a child, as provided in Section 30-6-1 NMSA 1978; 10) third
degree dangerous use of explosives, as provided in Section
30-7-5 NMSA 1978; 11) third and fourth degree criminal sexual
penetration, as provided in Section 30-9-11 NMSA 1978; 12)
fourth degree criminal sexual contact of a minor, as provided
in Section 30-9-13 NMSA 1978; 13) third degree robbery, as
provided in Section 30-16-2 NMSA 1978; 14) homicide by
vehicle or great bodily harm by vehicle, as provided in
Section 66-8-101 NMSA 1978; or 15) battery upon a peace
officer, as provided in Section 30-22-24 NMSA 1978.
M. Except for sex offenders, as provided in
Section 31-21-10.1 NMSA 1978, an offender sentenced to
confinement in a correctional facility designated by the
corrections department who has been released from confinement
and who is serving a parole term may be awarded earned
meritorious deductions of up to thirty days per month upon
recommendation of the parole officer supervising the offender,
with the final approval of the adult parole board. The
offender must be in compliance with all the conditions of the
offender's parole to be eligible for earned meritorious
deductions. The adult parole board may remove earned HB 102
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meritorious deductions previously awarded if the offender
later fails to comply with the conditions of the offender's
parole. The corrections department and the adult parole board
shall promulgate rules to implement the provisions of this
subsection. This subsection applies to offenders who are
serving a parole term on or after July 1, 2004."