SB 17
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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. 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 SB 17
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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;
(3) consider all pertinent information
concerning the inmate, including:
(a) the circumstances of the offense,
including mitigating and aggravating circumstances;
(b) whether a deadly weapon was used in
the commission of the offense;
(c) the inmate's relevant criminal
history;
(d) the reports filed under
Section 31-21-9 NMSA 1978; and
(e) the reports of such physical and
mental examinations as have been made while in an
institution;
(4) make a finding that a parole is in the
best interest of society and the inmate; and
(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 SB 17
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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 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 SB 17
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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 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 SB 17
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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 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 SB 17
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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
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 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-- SB 17
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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 only for incompetence, neglect of duty or
malfeasance in office after reasonable notice and a public
hearing, unless the notice and hearing are expressly waived
in writing by the member. 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, hearing or any other reimbursable activity under the SB 17
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act 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
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. 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."