NM
New Mexico Senate Bill SB17

New Mexico 2025 Regular Session

New Mexico Senate Bill SB17 Compare Versions

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1-SB 17
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28+SENATE BILL 17
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+Leo Jaramillo
2848 AN ACT
2949 RELATING TO PAROLE; AMENDING FACTORS TO BE CONSIDERED BY THE
30-PAROLE BOARD WHEN CONSIDERING PAROLE OF AN INMATE SENTENCED
31-TO LIFE IMPRISONMENT; AMENDING THE PROCESS TO REMOVE A MEMBER
32-OF THE PAROLE BOARD; PROVIDING FOR THE CONSCIENTIOUS
33-SCHEDULING OF HEARINGS.
50+PAROLE BOARD WHEN CONSIDERING PAROLE OF AN INMATE SENTENCED TO
51+LIFE IMPRISONMENT; AMENDING THE PROCESS TO REMOVE A MEMBER OF
52+THE PAROLE BOARD; PROVIDING FOR THE CONSCIENTIOUS SCHEDULING OF
53+HEARINGS.
3454 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3555 SECTION 1. Section 31-21-10 NMSA 1978 (being Laws 1980,
3656 Chapter 28, Section 1, as amended) is amended to read:
3757 "31-21-10. PAROLE AUTHORITY AND PROCEDURE.--
38-A. Except as provided in Section 31-21-10.2
39-NMSA 1978, an inmate of an institution who was sentenced to
40-life imprisonment becomes eligible for a parole hearing after
41-the inmate has served thirty years of the sentence, which
42-shall be construed as the retributive portion of the life
43-sentence. Upon reaching eligibility, parole consideration
44-for release shall focus on risk and readiness for release, as
45-demonstrated by the inmate substantially complying with the
46-rules of the institution to which the inmate has been
47-confined, whether the inmate has participated in or completed
48-an educational, a vocational or another program, where
49-available, while confined and whether the inmate has
50-demonstrated maturity, rehabilitation and a fitness to
51-reenter society. Before ordering the parole of an inmate SB 17
52-Page 2
58+A. Except as provided in Section 31-21-10.2 NMSA
59+1978, an inmate of an institution who was sentenced to life
60+imprisonment becomes eligible for a parole hearing after the
61+inmate has served thirty years of the sentence, which shall be
62+construed as the retributive portion of the life sentence.
63+.229815.2 underscored material = new
64+[bracketed material] = delete
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78-sentenced to life imprisonment, the board shall:
90+Upon reaching eligibility, parole consideration for release
91+shall focus on risk and readiness for release, as demonstrated
92+by the inmate substantially complying with the rules of the
93+institution to which the inmate has been confined, whether the
94+inmate has participated in or completed an educational, a
95+vocational or another program, where available, while confined
96+and whether the inmate has demonstrated maturity,
97+rehabilitation and a fitness to reenter society . Before
98+ordering the parole of an inmate sentenced to life
99+imprisonment, the board shall:
79100 (1) interview the inmate at the institution
80101 where the inmate is committed;
81-(2) hear from the family or representative
82-of the victim, if the family or representative chooses to
102+(2) hear from the family or representative of
103+the victim, if the family or representative chooses to
83104 participate;
84-(3) consider all pertinent information
105+[(2)] (3) consider all pertinent information
85106 concerning the inmate, including:
86107 (a) the circumstances of the offense,
87108 including mitigating and aggravating circumstances ;
88-(b) whether a deadly weapon was used in
89-the commission of the offense;
90-(c) the inmate's relevant criminal
91-history;
92-(d) the reports filed under
93-Section 31-21-9 NMSA 1978; and
94-(e) the reports of such physical and
95-mental examinations as have been made while in an
96-institution;
97-(4) make a finding that a parole is in the
98-best interest of society and the inmate; and
99-(5) make a finding that the inmate is able
100-and willing to fulfill the obligations of a law-abiding
101-citizen.
102-If parole is denied, the inmate sentenced to life SB 17
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109+[(b) mitigating and aggravating
110+circumstances;
111+(c)] (b) whether a deadly weapon was
112+used in the commission of the offense;
113+[(d) whether the inmate is a habitual
114+offender]
115+.229815.2
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129-imprisonment shall again become entitled to a parole hearing
130-at two-year intervals. The board may, on its own motion,
131-reopen any case in which a hearing has already been granted
132-and parole denied.
143+(c) the inmate's relevant criminal
144+history;
145+[(e)] (d) the reports filed under
146+Section 31-21-9 NMSA 1978; and
147+[(f)] (e) the reports of such physical
148+and mental examinations as have been made while in an
149+institution;
150+[(3)] (4) make a finding that a parole is in
151+the best interest of society and the inmate; and
152+[(4)] (5) make a finding that the inmate is
153+able and willing to fulfill the obligations of a law-abiding
154+citizen.
155+If parole is denied, the inmate sentenced to life
156+imprisonment shall again become entitled to a parole hearing at
157+two-year intervals. The board may, on its own motion, reopen
158+any case in which a hearing has already been granted and parole
159+denied.
133160 B. Unless the board finds that it is in the best
134161 interest of society and the parolee to reduce the period of
135162 parole, a person who was sentenced to life imprisonment shall
136163 be required to undergo a minimum period of parole of five
137-years. During the period of parole, the person shall be
138-under the guidance and supervision of the board.
139-C. An inmate of an institution who was sentenced
140-to life imprisonment without possibility of release or parole
141-is not eligible for parole and shall remain incarcerated for
142-the entirety of the inmate's natural life.
143-D. Except for certain sex offenders as provided in
144-Section 31-21-10.1 NMSA 1978, an inmate who was convicted of
145-a first, second or third degree felony and who has served the
146-sentence of imprisonment imposed by the court in an
147-institution designated by the corrections department shall be
148-required to undergo a two-year period of parole. An inmate
149-who was convicted of a fourth degree felony and who has
150-served the sentence of imprisonment imposed by the court in
151-an institution designated by the corrections department shall
152-be required to undergo a one-year period of parole. During
153-the period of parole, the person shall be under the guidance SB 17
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164+years. During the period of parole, the person shall be under
165+the guidance and supervision of the board.
166+C. An inmate of an institution who was sentenced to
167+life imprisonment without possibility of release or parole is
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180-and supervision of the board.
181-E. Every person while on parole shall remain in
182-the legal custody of the institution from which the person
183-was released, but shall be subject to the orders of the
184-board. The board shall furnish to each inmate as a
185-prerequisite to release under its supervision a written
186-statement of the conditions of parole that shall be accepted
187-and agreed to by the inmate as evidenced by the inmate's
188-signature affixed to a duplicate copy to be retained in the
189-files of the board. The board shall also require as a
190-prerequisite to release the submission and approval of a
191-parole plan. If an inmate refuses to affix the inmate's
192-signature to the written statement of the conditions of
193-parole or does not have an approved parole plan, the inmate
194-shall not be released and shall remain in the custody of the
195-institution in which the inmate has served the inmate's
196-sentence, excepting parole, until such time as the period of
197-parole the inmate was required to serve, less meritorious
198-deductions, if any, expires, at which time the inmate shall
199-be released from that institution without parole, or until
200-such time that the inmate evidences acceptance and agreement
201-to the conditions of parole as required or receives approval
202-for the inmate's parole plan or both. Time served from the
203-date that an inmate refuses to accept and agree to the
204-conditions of parole or fails to receive approval for the SB 17
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196+not eligible for parole and shall remain incarcerated for the
197+entirety of the inmate's natural life.
198+D. Except for certain sex offenders as provided in
199+Section 31-21-10.1 NMSA 1978, an inmate who was convicted of a
200+first, second or third degree felony and who has served the
201+sentence of imprisonment imposed by the court in an institution
202+designated by the corrections department shall be required to
203+undergo a two-year period of parole. An inmate who was
204+convicted of a fourth degree felony and who has served the
205+sentence of imprisonment imposed by the court in an institution
206+designated by the corrections department shall be required to
207+undergo a one-year period of parole. During the period of
208+parole, the person shall be under the guidance and supervision
209+of the board.
210+E. Every person while on parole shall remain in the
211+legal custody of the institution from which the person was
212+released, but shall be subject to the orders of the board. The
213+board shall furnish to each inmate as a prerequisite to release
214+under its supervision a written statement of the conditions of
215+parole that shall be accepted and agreed to by the inmate as
216+evidenced by the inmate's signature affixed to a duplicate copy
217+to be retained in the files of the board. The board shall also
218+require as a prerequisite to release the submission and
219+approval of a parole plan. If an inmate refuses to affix the
220+inmate's signature to the written statement of the conditions
221+.229815.2
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231-inmate's parole plan shall reduce the period, if any, to be
232-served under parole at a later date. If the district court
233-has ordered that the inmate make restitution to a victim as
234-provided in Section 31-17-1 NMSA 1978, the board shall
235-include restitution as a condition of parole. The board
236-shall also personally apprise the inmate of the conditions of
237-parole and the inmate's duties relating to those conditions
238-of parole.
249+of parole or does not have an approved parole plan, the inmate
250+shall not be released and shall remain in the custody of the
251+institution in which the inmate has served the inmate's
252+sentence, excepting parole, until such time as the period of
253+parole the inmate was required to serve, less meritorious
254+deductions, if any, expires, at which time the inmate shall be
255+released from that institution without parole, or until such
256+time that the inmate evidences acceptance and agreement to the
257+conditions of parole as required or receives approval for the
258+inmate's parole plan or both. Time served from the date that
259+an inmate refuses to accept and agree to the conditions of
260+parole or fails to receive approval for the inmate's parole
261+plan shall reduce the period, if any, to be served under parole
262+at a later date. If the district court has ordered that the
263+inmate make restitution to a victim as provided in Section
264+31-17-1 NMSA 1978, the board shall include restitution as a
265+condition of parole. The board shall also personally apprise
266+the inmate of the conditions of parole and the inmate's duties
267+relating to those conditions of parole.
239268 F. When a person on parole has performed the
240269 obligations of the person's release for the period of parole
241-provided in this section, the board shall make a final order
242-of discharge and issue the person a certificate of discharge.
270+provided in this section, the board shall make a final order of
271+discharge and issue the person a certificate of discharge.
243272 G. Pursuant to the provisions of Section 31-18-15
244-NMSA 1978, the board shall require the inmate as a condition
245-of parole:
246-(1) to pay the actual costs of parole
247-services to the adult probation and parole division of the
248-corrections department for deposit to the corrections
249-department intensive supervision fund not exceeding one
250-thousand eight hundred dollars ($1,800) annually to be paid
251-in monthly installments of not less than twenty-five dollars
252-($25.00) and not more than one hundred fifty dollars ($150),
253-as set by the appropriate district supervisor of the adult
254-probation and parole division, based upon the financial
255-circumstances of the inmate. The inmate's payment of the SB 17
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273+NMSA 1978, the board shall require the inmate as a condition of
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282-supervised parole costs shall not be waived unless the board
283-holds an evidentiary hearing and finds that the inmate is
284-unable to pay the costs. If the board waives the inmate's
285-payment of the supervised parole costs and the inmate's
286-financial circumstances subsequently change so that the
287-inmate is able to pay the costs, the appropriate district
288-supervisor of the adult probation and parole division shall
289-advise the board and the board shall hold an evidentiary
302+parole:
303+(1) to pay the actual costs of parole services
304+to the adult probation and parole division of the corrections
305+department for deposit to the corrections department intensive
306+supervision fund not exceeding one thousand eight hundred
307+dollars ($1,800) annually to be paid in monthly installments of
308+not less than twenty-five dollars ($25.00) and not more than
309+one hundred fifty dollars ($150), as set by the appropriate
310+district supervisor of the adult probation and parole division,
311+based upon the financial circumstances of the inmate. The
312+inmate's payment of the supervised parole costs shall not be
313+waived unless the board holds an evidentiary hearing and finds
314+that the inmate is unable to pay the costs. If the board
315+waives the inmate's payment of the supervised parole costs and
316+the inmate's financial circumstances subsequently change so
317+that the inmate is able to pay the costs, the appropriate
318+district supervisor of the adult probation and parole division
319+shall advise the board and the board shall hold an evidentiary
290320 hearing to determine whether the waiver should be rescinded;
291321 and
292322 (2) to reimburse a law enforcement agency or
293323 local crime stopper program for the amount of any reward paid
294324 by the agency or program for information leading to the
295325 inmate's arrest, prosecution or conviction.
296326 H. The provisions of this section shall apply to
297-all inmates except geriatric, permanently incapacitated and
298-terminally ill inmates eligible for the medical and geriatric
299-parole program as provided by the Parole Board Act."
300-SECTION 2. Section 31-21-22 NMSA 1978 (being Laws 1975,
301-Chapter 194, Section 1) is amended to read:
302-"31-21-22. SHORT TITLE.--Sections 31-21-22 through
303-31-21-26 NMSA 1978 may be cited as the "Parole Board Act"."
304-SECTION 3. Section 31-21-24 NMSA 1978 (being Laws 1975,
305-Chapter 194, Section 3, as amended) is amended to read:
306-"31-21-24. PAROLE BOARD--MEMBERS--APPOINTMENT--TERMS-- SB 17
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355+all inmates except geriatric, permanently incapacitated and
356+terminally ill inmates eligible for the medical and geriatric
357+parole program as provided by the Parole Board Act."
358+SECTION 2. Section 31-21-22 NMSA 1978 (being Laws 1975,
359+Chapter 194, Section 1) is amended to read:
360+"31-21-22. SHORT TITLE.--Sections [1 through 5 of this
361+act] 31-21-22 through 31-21-26 NMSA 1978 may be cited as the
362+"Parole Board Act"."
363+SECTION 3. Section 31-21-24 NMSA 1978 (being Laws 1975,
364+Chapter 194, Section 3, as amended) is amended to read:
365+"31-21-24. PAROLE BOARD--MEMBERS--APPOINTMENT--TERMS--
333366 QUALIFICATIONS--COMPENSATION--ORGANIZATION.--
334367 A. The "parole board" is created, consisting of
335368 fifteen members appointed by the governor with the consent of
336369 the senate.
337370 B. The terms of the members of the parole board
338371 shall be six years. To provide for staggered terms, five
339372 members shall be appointed every two years. Members serve
340373 until their successors have been appointed and qualified.
341-C. Members of the parole board may be removed by
342-the governor only for incompetence, neglect of duty or
343-malfeasance in office after reasonable notice and a public
344-hearing, unless the notice and hearing are expressly waived
345-in writing by the member. Vacancies shall be filled by
346-appointment by the governor for the remainder of the
347-unexpired term.
348-D. Members of the parole board shall be persons
349-qualified by such academic training or professional
350-experience as is deemed necessary to render them fit to serve
351-as members of the board. No member of the board shall be an
352-official or employee of any other federal, state or local
353-government entity.
354-E. Members of the parole board shall receive per
355-diem and mileage as provided for nonsalaried public officers
356-in the Per Diem and Mileage Act for a scheduled board
357-meeting, hearing or any other reimbursable activity under the SB 17
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374+C. Members of the parole board may be removed [by
375+the governor as provided in Article 5, Section 5 of the
376+constitution of New Mexico ] only for incompetence, neglect of
377+duty or malfeasance in office. A proceeding for the removal of
378+a member of the parole board may be commenced by the board or
379+by the governor. A member of the parole board shall be given
380+.229815.2
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384-act and shall receive no other compensation, perquisite or
408+notice of hearing and an opportunity to be heard before the
409+member is removed. The supreme court has original jurisdiction
410+over proceedings to remove members of the parole board, and the
411+supreme court's decision shall be final. A member of the
412+parole board is also liable for impeachment pursuant to Article
413+4, Section 36 of the constitution of New Mexico . Vacancies
414+shall be filled by appointment by the governor for the
415+remainder of the unexpired term.
416+D. Members of the parole board shall be persons
417+qualified by such academic training or professional experience
418+as is deemed necessary to render them fit to serve as members
419+of the board. No member of the board shall be an official or
420+employee of any other federal, state or local government
421+entity.
422+E. Members of the parole board shall receive per
423+diem and mileage as provided for nonsalaried public officers in
424+the Per Diem and Mileage Act for a scheduled board meeting or
425+hearing and shall receive no other compensation, perquisite or
385426 allowance.
386427 F. The governor shall designate one member of the
387-parole board to serve as chair, who in addition to other
388-duties shall coordinate with the corrections department in
389-the furnishing of services pursuant to Section 9-3-11
390-NMSA 1978.
428+parole board to serve as chair, who in addition to other duties
429+shall coordinate with the corrections department in the
430+furnishing of services pursuant to Section 9-3-11 NMSA 1978.
391431 G. A parole may be granted, denied or revoked by a
392432 quorum of two on a panel consisting of three parole board
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393461 members appointed on a rotating basis by the chair of the
394462 board."
395-SECTION 4. A new Section 31-21-25.2 NMSA 1978 is
396-enacted to read:
397-"31-21-25.2. CONSCIENTIOUS SCHEDULING OF HEARINGS IN
398-CASES OF HOMICIDE.--In cases of homicide, the parole board
399-shall not schedule a hearing on the anniversary of the birth
400-or death of the person or persons whose death is the basis for
401-the homicide conviction, when practicable."
463+SECTION 4. A new Section 31-21-25.2 NMSA 1978 is enacted
464+to read:
465+"31-21-25.2. [NEW MATERIAL ] CONSCIENTIOUS SCHEDULING OF
466+HEARINGS IN CASES OF HOMICIDE.--In cases of homicide, the
467+parole board shall not schedule a hearing on the anniversary of
468+the birth or death of the person or persons whose death is the
469+basis for the homicide conviction, when practicable."
470+- 9 -
471+.229815.2