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SENATE BILL 17
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Leo Jaramillo
AN ACT
RELATING TO PAROLE; AMENDING FACTORS TO BE CONSIDERED BY THE
PAROLE BOARD WHEN CONSIDERING PAROLE OF AN INMATE SENTENCED TO
LIFE IMPRISONMENT; AMENDING THE PROCESS TO REMOVE A MEMBER OF
THE PAROLE BOARD; PROVIDING FOR THE CONSCIENTIOUS SCHEDULING OF
HEARINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 31-21-10 NMSA 1978 (being Laws 1980,
Chapter 28, Section 1, as amended) is amended to read:
"31-21-10. PAROLE AUTHORITY AND PROCEDURE.--
A. Except as provided in Section 31-21-10.2 NMSA
1978, an inmate of an institution who was sentenced to life
imprisonment becomes eligible for a parole hearing after the
inmate has served thirty years of the sentence, which shall be
construed as the retributive portion of the life sentence.
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Upon reaching eligibility, parole consideration for release
shall focus on risk and readiness for release, as demonstrated
by the inmate substantially complying with the rules of the
institution to which the inmate has been confined, whether the
inmate has participated in or completed an educational, a
vocational or another program, where available, while confined
and whether the inmate has demonstrated maturity,
rehabilitation and a fitness to reenter society . Before
ordering the parole of an inmate sentenced to life
imprisonment, the board shall:
(1) interview the inmate at the institution
where the inmate is committed;
(2) hear from the family or representative of
the victim, if the family or representative chooses to
participate;
[(2)] (3) consider all pertinent information
concerning the inmate, including:
(a) the circumstances of the offense,
including mitigating and aggravating circumstances ;
[(b) mitigating and aggravating
circumstances;
(c)] (b) whether a deadly weapon was
used in the commission of the offense;
[(d) whether the inmate is a habitual
offender]
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(c) the inmate's relevant criminal
history;
[(e)] (d) the reports filed under
Section 31-21-9 NMSA 1978; and
[(f)] (e) the reports of such physical
and mental examinations as have been made while in an
institution;
[(3)] (4) make a finding that a parole is in
the best interest of society and the inmate; and
[(4)] (5) make a finding that the inmate is
able and willing to fulfill the obligations of a law-abiding
citizen.
If parole is denied, the inmate sentenced to life
imprisonment shall again become entitled to a parole hearing at
two-year intervals. The board may, on its own motion, reopen
any case in which a hearing has already been granted and parole
denied.
B. Unless the board finds that it is in the best
interest of society and the parolee to reduce the period of
parole, a person who was sentenced to life imprisonment shall
be required to undergo a minimum period of parole of five
years. During the period of parole, the person shall be under
the guidance and supervision of the board.
C. An inmate of an institution who was sentenced to
life imprisonment without possibility of release or parole is
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not eligible for parole and shall remain incarcerated for the
entirety of the inmate's natural life.
D. Except for certain sex offenders as provided in
Section 31-21-10.1 NMSA 1978, an inmate who was convicted of a
first, second or third degree felony and who has served the
sentence of imprisonment imposed by the court in an institution
designated by the corrections department shall be required to
undergo a two-year period of parole. An inmate who was
convicted of a fourth degree felony and who has served the
sentence of imprisonment imposed by the court in an institution
designated by the corrections department shall be required to
undergo a one-year period of parole. During the period of
parole, the person shall be under the guidance and supervision
of the board.
E. Every person while on parole shall remain in the
legal custody of the institution from which the person was
released, but shall be subject to the orders of the board. The
board shall furnish to each inmate as a prerequisite to release
under its supervision a written statement of the conditions of
parole that shall be accepted and agreed to by the inmate as
evidenced by the inmate's signature affixed to a duplicate copy
to be retained in the files of the board. The board shall also
require as a prerequisite to release the submission and
approval of a parole plan. If an inmate refuses to affix the
inmate's signature to the written statement of the conditions
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of parole or does not have an approved parole plan, the inmate
shall not be released and shall remain in the custody of the
institution in which the inmate has served the inmate's
sentence, excepting parole, until such time as the period of
parole the inmate was required to serve, less meritorious
deductions, if any, expires, at which time the inmate shall be
released from that institution without parole, or until such
time that the inmate evidences acceptance and agreement to the
conditions of parole as required or receives approval for the
inmate's parole plan or both. Time served from the date that
an inmate refuses to accept and agree to the conditions of
parole or fails to receive approval for the inmate's parole
plan shall reduce the period, if any, to be served under parole
at a later date. If the district court has ordered that the
inmate make restitution to a victim as provided in Section
31-17-1 NMSA 1978, the board shall include restitution as a
condition of parole. The board shall also personally apprise
the inmate of the conditions of parole and the inmate's duties
relating to those conditions of parole.
F. When a person on parole has performed the
obligations of the person's release for the period of parole
provided in this section, the board shall make a final order of
discharge and issue the person a certificate of discharge.
G. Pursuant to the provisions of Section 31-18-15
NMSA 1978, the board shall require the inmate as a condition of
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parole:
(1) to pay the actual costs of parole services
to the adult probation and parole division of the corrections
department for deposit to the corrections department intensive
supervision fund not exceeding one thousand eight hundred
dollars ($1,800) annually to be paid in monthly installments of
not less than twenty-five dollars ($25.00) and not more than
one hundred fifty dollars ($150), as set by the appropriate
district supervisor of the adult probation and parole division,
based upon the financial circumstances of the inmate. The
inmate's payment of the supervised parole costs shall not be
waived unless the board holds an evidentiary hearing and finds
that the inmate is unable to pay the costs. If the board
waives the inmate's payment of the supervised parole costs and
the inmate's financial circumstances subsequently change so
that the inmate is able to pay the costs, the appropriate
district supervisor of the adult probation and parole division
shall advise the board and the board shall hold an evidentiary
hearing to determine whether the waiver should be rescinded;
and
(2) to reimburse a law enforcement agency or
local crime stopper program for the amount of any reward paid
by the agency or program for information leading to the
inmate's arrest, prosecution or conviction.
H. The provisions of this section shall apply to
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all inmates except geriatric, permanently incapacitated and
terminally ill inmates eligible for the medical and geriatric
parole program as provided by the Parole Board Act."
SECTION 2. Section 31-21-22 NMSA 1978 (being Laws 1975,
Chapter 194, Section 1) is amended to read:
"31-21-22. SHORT TITLE.--Sections [1 through 5 of this
act] 31-21-22 through 31-21-26 NMSA 1978 may be cited as the
"Parole Board Act"."
SECTION 3. Section 31-21-24 NMSA 1978 (being Laws 1975,
Chapter 194, Section 3, as amended) is amended to read:
"31-21-24. PAROLE BOARD--MEMBERS--APPOINTMENT--TERMS--
QUALIFICATIONS--COMPENSATION--ORGANIZATION.--
A. The "parole board" is created, consisting of
fifteen members appointed by the governor with the consent of
the senate.
B. The terms of the members of the parole board
shall be six years. To provide for staggered terms, five
members shall be appointed every two years. Members serve
until their successors have been appointed and qualified.
C. Members of the parole board may be removed [by
the governor as provided in Article 5, Section 5 of the
constitution of New Mexico ] only for incompetence, neglect of
duty or malfeasance in office. A proceeding for the removal of
a member of the parole board may be commenced by the board or
by the governor. A member of the parole board shall be given
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notice of hearing and an opportunity to be heard before the
member is removed. The supreme court has original jurisdiction
over proceedings to remove members of the parole board, and the
supreme court's decision shall be final. A member of the
parole board is also liable for impeachment pursuant to Article
4, Section 36 of the constitution of New Mexico . Vacancies
shall be filled by appointment by the governor for the
remainder of the unexpired term.
D. Members of the parole board shall be persons
qualified by such academic training or professional experience
as is deemed necessary to render them fit to serve as members
of the board. No member of the board shall be an official or
employee of any other federal, state or local government
entity.
E. Members of the parole board shall receive per
diem and mileage as provided for nonsalaried public officers in
the Per Diem and Mileage Act for a scheduled board meeting or
hearing and shall receive no other compensation, perquisite or
allowance.
F. The governor shall designate one member of the
parole board to serve as chair, who in addition to other duties
shall coordinate with the corrections department in the
furnishing of services pursuant to Section 9-3-11 NMSA 1978.
G. A parole may be granted, denied or revoked by a
quorum of two on a panel consisting of three parole board
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members appointed on a rotating basis by the chair of the
board."
SECTION 4. A new Section 31-21-25.2 NMSA 1978 is enacted
to read:
"31-21-25.2. [NEW MATERIAL ] CONSCIENTIOUS SCHEDULING OF
HEARINGS IN CASES OF HOMICIDE.--In cases of homicide, the
parole board shall not schedule a hearing on the anniversary of
the birth or death of the person or persons whose death is the
basis for the homicide conviction, when practicable."
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