New Mexico 2025 Regular Session

New Mexico Senate Bill SB375 Compare Versions

Version 1 (Old)

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1		-	~~SB 375~~
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	28	+	SENATE BILL 375
	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	+	Antonio Maestas
28	48		AN ACT
29	49		RELATING TO PROBATION; REMOVING THE PAYMENT OF THE COST OF
30	50		PAROLE SERVICES; ALLOWING A MINIMUM RISK DEFENDANT TO BE
31	51		RELEASED FROM PROBATION IN CERTAIN CIRCUMSTANCES; CLARIFYING
32	52		PROJECTED RELEASE DATES FOR MERITORIOUS DEDUCTIONS UPON
33	53		ADMISSION TO A CORRECTIONAL FACILITY.
34	54		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
35	55		SECTION 1. Section 31-18-15 NMSA 1978 (being Laws 1977,
36	56		Chapter 216, Section 4, as amended) is amended to read:
37	57		"31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES--
38	58		BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS
39	59		DEDUCTIONS.--
40	60		A. As used in a statute that establishes a
41		-	noncapital felony, the following defined felony
42		-	classifications and associated basic sentences of
43		-	imprisonment are as follows:
44		-	FELONY CLASSIFICATION BASIC SENTENCE
45		-	first degree felony
46		-	resulting in the death
47		-	of a child life imprisonment
48		-	first degree felony for
49		-	aggravated criminal sexual
50		-	penetration life imprisonment
51		-	first degree felony eighteen years imprisonment SB 375
52		-	Page 2
	61	+	noncapital felony, the following defined felony classifications
	62	+	and associated basic sentences of imprisonment are as follows:
	63	+	.230580.2SA underscored material = new
	64	+	[bracketed material] = delete
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	90	+	FELONY CLASSIFICATION BASIC SENTENCE
	91	+	first degree felony
	92	+	resulting in the death
	93	+	of a child life imprisonment
	94	+	first degree felony for
	95	+	aggravated criminal sexual
	96	+	penetration life imprisonment
	97	+	first degree felony eighteen years imprisonment
78	98		second degree felony
79	99		resulting in the death of
80	100		a human being eighteen years imprisonment
81	101		second degree felony for a
82	102		sexual offense against a
83	103		child fifteen years imprisonment
84	104		second degree felony for
85	105		sexual exploitation of
86	106		children twelve years imprisonment
87	107		second degree felony nine years imprisonment
88	108		third degree felony resulting
89	109		in the death of a human being six years imprisonment
90	110		third degree felony for a
91	111		sexual offense against a
92	112		child six years imprisonment
93	113		third degree felony for sexual
94	114		exploitation of children eleven years imprisonment
95		-	third degree felony three years imprisonment
96		-	fourth degree felony for
97		-	sexual exploitation of
98		-	children ten years imprisonment
99		-	fourth degree felony eighteen months imprisonment.
100		-	B. The appropriate basic sentence of imprisonment
101		-	shall be imposed upon a person convicted and sentenced
102		-	pursuant to Subsection A of this section, unless the court SB 375
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129		-	alters the sentence pursuant to the provisions of the
130		-	Criminal Sentencing Act.
131		-	C. A period of parole shall be imposed only
132		-	for felony convictions wherein a person is sentenced to
	143	+	third degree felony three years imprisonment
	144	+	fourth degree felony for
	145	+	sexual exploitation of
	146	+	children ten years imprisonment
	147	+	fourth degree felony eighteen months imprisonment.
	148	+	B. The appropriate basic sentence of imprisonment
	149	+	shall be imposed upon a person convicted and sentenced pursuant
	150	+	to Subsection A of this section, unless the court alters the
	151	+	sentence pursuant to the provisions of the Criminal Sentencing
	152	+	Act.
	153	+	C. A period of parole shall be imposed only for
	154	+	felony convictions wherein a person is sentenced to
133	155		imprisonment of more than one year, unless the parties to a
134		-	proceeding agree that a period of parole should be imposed.
135		-	If a period of parole is imposed, the court shall include
136		-	in the judgment and sentence of each person convicted and
137		-	sentenced to imprisonment in a corrections facility
138		-	designated by the corrections department authority for a
139		-	period of parole to be served in accordance with the
140		-	provisions of Section 31-21-10 NMSA 1978. If imposed, the
141		-	period of parole shall be deemed to be part of the sentence
142		-	of the convicted person in addition to the basic sentence
143		-	imposed pursuant to Subsection A of this section together
144		-	with alterations, if any, pursuant to the provisions of the
145		-	Criminal Sentencing Act.
146		-	D. When a court imposes a sentence of imprisonment
147		-	pursuant to the provisions of Section 31-18-15.1, 31-18-16 or
148		-	31-18-17 NMSA 1978 and suspends or defers the basic sentence
149		-	of imprisonment provided pursuant to the provisions of
150		-	Subsection A of this section, the period of parole shall be
	156	+	proceeding agree that a period of parole should be imposed. If
	157	+	a period of parole is imposed, the court shall include in the
	158	+	judgment and sentence of each person convicted and sentenced to
	159	+	imprisonment in a corrections facility designated by the
	160	+	corrections department authority for a period of parole to be
151	161		served in accordance with the provisions of Section 31-21-10
152		-	NMSA 1978 for the degree of felony for the basic sentence
153		-	for which the inmate was convicted. For the purpose of SB 375
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	162	+	NMSA 1978 [after the completion of any actual time of
	163	+	imprisonment and authority to require, as a condition of
	164	+	parole, the payment of the costs of parole services and
	165	+	reimbursement to a law enforcement agency or local crime
	166	+	stopper program in accordance with the provisions of that
	167	+	section]. If imposed, the period of parole shall be deemed to
	168	+	.230580.2SA
	169	+	- 3 - underscored material = new
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180		-	designating a period of parole, a court shall not consider
181		-	that the basic sentence of imprisonment was suspended or
182		-	deferred and that the inmate served a period of imprisonment
183		-	pursuant to the provisions of the Criminal Sentencing Act.
184		-	E. The court may, in addition to the imposition
185		-	of a basic sentence of imprisonment, impose a fine not to
186		-	exceed:
187		-	(1) for a first degree felony resulting in
188		-	the death of a child, seventeen thousand five hundred dollars
	196	+	be part of the sentence of the convicted person in addition to
	197	+	the basic sentence imposed pursuant to Subsection A of this
	198	+	section together with alterations, if any, pursuant to the
	199	+	provisions of the Criminal Sentencing Act.
	200	+	D. When a court imposes a sentence of imprisonment
	201	+	pursuant to the provisions of Section 31-18-15.1, 31-18-16 or
	202	+	31-18-17 NMSA 1978 and suspends or defers the basic sentence of
	203	+	imprisonment provided pursuant to the provisions of Subsection
	204	+	A of this section, the period of parole shall be served in
	205	+	accordance with the provisions of Section 31-21-10 NMSA 1978
	206	+	for the degree of felony for the basic sentence for which the
	207	+	inmate was convicted. For the purpose of designating a period
	208	+	of parole, a court shall not consider that the basic sentence
	209	+	of imprisonment was suspended or deferred and that the inmate
	210	+	served a period of imprisonment pursuant to the provisions of
	211	+	the Criminal Sentencing Act.
	212	+	E. The court may, in addition to the imposition of
	213	+	a basic sentence of imprisonment, impose a fine not to exceed:
	214	+	(1) for a first degree felony resulting in the
	215	+	death of a child, seventeen thousand five hundred dollars
189	216		($17,500);
190	217		(2) for a first degree felony for aggravated
191	218		criminal sexual penetration, seventeen thousand five hundred
192	219		dollars ($17,500);
193	220		(3) for a first degree felony, fifteen
194		-	thousand dollars ($15,000);
195		-	(4) for a second degree felony resulting
196		-	in the death of a human being, twelve thousand five hundred
197		-	dollars ($12,500);
198		-	(5) for a second degree felony for a sexual
199		-	offense against a child, twelve thousand five hundred dollars
200		-	($12,500);
201		-	(6) for a second degree felony for sexual
202		-	exploitation of children, five thousand dollars ($5,000);
203		-	(7) for a second degree felony, ten thousand
204		-	dollars ($10,000); SB 375
205		-	Page 5
	221	+	.230580.2SA
	222	+	- 4 - underscored material = new
	223	+	[bracketed material] = delete
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231		-	(8) for a third degree felony resulting in
232		-	the death of a human being, five thousand dollars ($5,000);
	249	+	thousand dollars ($15,000);
	250	+	(4) for a second degree felony resulting in
	251	+	the death of a human being, twelve thousand five hundred
	252	+	dollars ($12,500);
	253	+	(5) for a second degree felony for a sexual
	254	+	offense against a child, twelve thousand five hundred dollars
	255	+	($12,500);
	256	+	(6) for a second degree felony for sexual
	257	+	exploitation of children, five thousand dollars ($5,000);
	258	+	(7) for a second degree felony, ten thousand
	259	+	dollars ($10,000);
	260	+	(8) for a third degree felony resulting in the
	261	+	death of a human being, five thousand dollars ($5,000);
233	262		(9) for a third degree felony for a sexual
234	263		offense against a child, five thousand dollars ($5,000);
235	264		(10) for a third degree felony for sexual
236	265		exploitation of children, five thousand dollars ($5,000);
237		-	(11) for a third or fourth degree felony,
238		-	~~five~~ thousand dollars ($5,000); or
	266	+	(11) for a third or fourth degree felony, five
	267	+	thousand dollars ($5,000); or
239	268		(12) for a fourth degree felony for sexual
240	269		exploitation of children, five thousand dollars ($5,000).
241	270		F. When the court imposes a sentence of
242	271		imprisonment for a felony offense, the court shall indicate
243	272		whether or not the offense is a serious violent offense as
244	273		defined in Section 33-2-34 NMSA 1978. The court shall inform
245		-	an offender that the offender's sentence of imprisonment
246		-	is subject to the provisions of Sections 33-2-34, 33-2-36,
247		-	33-2-37 and 33-2-38 NMSA 1978. If the court fails to inform
248		-	an offender that the offender's sentence is subject to those
249		-	provisions or if the court provides the offender with
250		-	erroneous information regarding those provisions, the failure
251		-	to inform or the error shall not provide a basis for a writ
252		-	of habeas corpus.
253		-	G. No later than October 31 of each year, the
254		-	New Mexico sentencing commission shall provide a written
255		-	report to the secretary of corrections, all New Mexico SB 375
256		-	Page 6
	274	+	.230580.2SA
	275	+	- 5 - underscored material = new
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282		-	criminal court judges, the administrative office of the
283		-	district attorneys and the chief public defender. The
284		-	report shall specify the average reduction in the sentence
285		-	of imprisonment for serious violent offenses and
286		-	nonviolent offenses, as defined in Section 33-2-34 NMSA 1978,
287		-	due to meritorious deductions earned by prisoners during the
288		-	previous fiscal year pursuant to the provisions of
289		-	Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978.
290		-	The corrections department shall allow the commission access
291		-	to documents used by the department to determine earned
292		-	meritorious deductions for prisoners."
	302	+	an offender that the offender's sentence of imprisonment is
	303	+	subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37
	304	+	and 33-2-38 NMSA 1978. If the court fails to inform an
	305	+	offender that the offender's sentence is subject to those
	306	+	provisions or if the court provides the offender with erroneous
	307	+	information regarding those provisions, the failure to inform
	308	+	or the error shall not provide a basis for a writ of habeas
	309	+	corpus.
	310	+	G. No later than October 31 of each year, the New
	311	+	Mexico sentencing commission shall provide a written report to
	312	+	the secretary of corrections, all New Mexico criminal court
	313	+	judges, the administrative office of the district attorneys and
	314	+	the chief public defender. The report shall specify the
	315	+	average reduction in the sentence of imprisonment for serious
	316	+	violent offenses and nonviolent offenses, as defined in Section
	317	+	33-2-34 NMSA 1978, due to meritorious deductions earned by
	318	+	prisoners during the previous fiscal year pursuant to the
	319	+	provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38
	320	+	NMSA 1978. The corrections department shall allow the
	321	+	commission access to documents used by the department to
	322	+	determine earned meritorious deductions for prisoners."
293	323		SECTION 2. Section 31-20-5 NMSA 1978 (being Laws 1963,
294	324		Chapter 303, Section 29-17, as amended) is amended to read:
295	325		"31-20-5. PLACING DEFENDANT ON PROBATION.--
296	326		A. When a person has been convicted of a crime for
297		-	which a sentence of imprisonment is authorized and when the
298		-	magistrate, metropolitan or district court has deferred or
299		-	suspended sentence, it shall order the defendant to be
300		-	placed on probation for all or some portion of the period
301		-	of deferment or suspension if the defendant is in need of
302		-	supervision, guidance or direction that is feasible for the
303		-	corrections department to furnish. Except for sex offenders
304		-	as provided in Section 31-20-5.2 NMSA 1978, the total period
305		-	of probation for district court shall not exceed five years
306		-	and the total period of probation for the magistrate or SB 375
307		-	Page 7
	327	+	.230580.2SA
	328	+	- 6 - underscored material = new
	329	+	[bracketed material] = delete
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333		-	metropolitan courts shall be no longer than the maximum
334		-	allowable incarceration time for the offense or as otherwise
335		-	provided by law.
336		-	B. If a defendant is required to serve a period
337		-	of probation subsequent to a period of incarceration:
	355	+	which a sentence of imprisonment is authorized and when the
	356	+	magistrate, metropolitan or district court has deferred or
	357	+	suspended sentence, it shall order the defendant to be placed
	358	+	on probation for all or some portion of the period of deferment
	359	+	or suspension if the defendant is in need of supervision,
	360	+	guidance or direction that is feasible for the corrections
	361	+	department to furnish. Except for sex offenders as provided in
	362	+	Section 31-20-5.2 NMSA 1978, the total period of probation for
	363	+	district court shall not exceed five years and the total period
	364	+	of probation for the magistrate or metropolitan courts shall be
	365	+	no longer than the maximum allowable incarceration time for the
	366	+	offense or as otherwise provided by law.
	367	+	B. If a defendant is required to serve a period of
	368	+	probation subsequent to a period of incarceration:
338	369		(1) the period of probation shall be served
339	370		subsequent to any required period of parole, with the time
340	371		served on parole credited as time served on the period of
341		-	probation and the conditions of probation imposed by the
342		-	~~court~~ deemed as additional conditions of parole; and
	372	+	probation and the conditions of probation imposed by the court
	373	+	deemed as additional conditions of parole; and
343	374		(2) in the event that the defendant violates
344	375		any condition of that parole, the parole board shall cause
345		-	the defendant to be brought before it pursuant to the
	376	+	[him] the defendant to be brought before it pursuant to the
346	377		provisions of Section 31-21-14 NMSA 1978 and may make any
347		-	disposition authorized pursuant to that section and, if
348		-	parole is revoked, the period of parole served in the custody
349		-	of a correctional facility shall not be credited as time
350		-	served on probation.
351		-	C. A defendant shall automatically be released
352		-	from probation if the defendant:
353		-	(1) is classified as a minimum level risk
354		-	by a validated scoring instrument;
355		-	(2) has met all of the obligations of the
356		-	defendant's probation; and
357		-	(3) has completed one-half or more of the SB 375
358		-	Page 8
	378	+	disposition authorized pursuant to that section and, if parole
	379	+	is revoked, the period of parole served in the custody of a
	380	+	.230580.2SA
	381	+	- 7 - underscored material = new
	382	+	[bracketed material] = delete
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	408	+	correctional facility shall not be credited as time served on
	409	+	probation.
	410	+	C. A defendant shall automatically be released from
	411	+	probation if the defendant:
	412	+	(1) is classified as a minimum level risk by a
	413	+	validated scoring instrument;
	414	+	(2) has met all of the obligations of the
	415	+	defendant's probation; and
	416	+	(3) has completed one-half or more of the
384	417		period of probation."
385	418		SECTION 3. Section 31-21-10 NMSA 1978 (being Laws 1980,
386	419		Chapter 28, Section 1, as amended) is amended to read:
387	420		"31-21-10. PAROLE AUTHORITY AND PROCEDURE.--
388		-	A. Except as provided in Section 31-21-10.2
389		-	~~NMSA~~ 1978, an inmate of an institution who was sentenced to
390		-	~~life~~ imprisonment becomes eligible for a parole hearing after
391		-	~~the~~ inmate has served thirty years of the sentence. Before
	421	+	A. Except as provided in Section 31-21-10.2 NMSA
	422	+	1978, an inmate of an institution who was sentenced to life
	423	+	imprisonment becomes eligible for a parole hearing after the
	424	+	inmate has served thirty years of the sentence. Before
392	425		ordering the parole of an inmate sentenced to life
393	426		imprisonment, the board shall:
394	427		(1) interview the inmate at the institution
395	428		where the inmate is committed;
396	429		(2) consider all pertinent information
397	430		concerning the inmate, including:
398	431		(a) the circumstances of the offense;
399	432		(b) mitigating and aggravating
400		-	circumstances;
401		-	(c) whether a deadly weapon was used
402		-	in the commission of the offense;
403		-	(d) whether the inmate is a habitual
404		-	offender;
405		-	(e) the reports filed under
406		-	Section 31-21-9 NMSA 1978; and
407		-	(f) the reports of such physical and
408		-	mental examinations as have been made while in an SB 375
409		-	Page 9
	433	+	.230580.2SA
	434	+	- 8 - underscored material = new
	435	+	[bracketed material] = delete
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435		-	institution;
	461	+	circumstances;
	462	+	(c) whether a deadly weapon was used in
	463	+	the commission of the offense;
	464	+	(d) whether the inmate is a habitual
	465	+	offender;
	466	+	(e) the reports filed under Section
	467	+	31-21-9 NMSA 1978; and
	468	+	(f) the reports of such physical and
	469	+	mental examinations as have been made while in an institution;
436	470		(3) make a finding that a parole is in the
437	471		best interest of society and the inmate; and
438		-	(4) make a finding that the inmate is able
439		-	and willing to fulfill the obligations of a law-abiding
440		-	citizen.
	472	+	(4) make a finding that the inmate is able and
	473	+	willing to fulfill the obligations of a law-abiding citizen.
441	474		If parole is denied, the inmate sentenced to life
442		-	imprisonment shall again become entitled to a parole hearing
443		-	at two-year intervals. The board may, on its own motion,
444		-	~~reopen~~ any case in which a hearing has already been granted
445		-	~~and parole~~ denied.
	475	+	imprisonment shall again become entitled to a parole hearing at
	476	+	two-year intervals. The board may, on its own motion, reopen
	477	+	any case in which a hearing has already been granted and parole
	478	+	denied.
446	479		B. Unless the board finds that it is in the best
447	480		interest of society and the parolee to reduce the period of
448	481		parole, a person who was sentenced to life imprisonment shall
449	482		be required to undergo a minimum period of parole of five
450		-	years. During the period of parole, the person shall be
451		-	under the guidance and supervision of the board.
452		-	C. An inmate of an institution who was sentenced
453		-	to life imprisonment without possibility of release or parole
454		-	is not eligible for parole and shall remain incarcerated for
455		-	the entirety of the inmate's natural life.
456		-	D. Except for certain sex offenders as provided
457		-	in Section 31-21-10.1 NMSA 1978, an inmate who was convicted
458		-	of a first, second or third degree felony and who has served
459		-	the sentence of imprisonment imposed by the court in an SB 375
460		-	Page 10
	483	+	years. During the period of parole, the person shall be under
	484	+	the guidance and supervision of the board.
	485	+	C. An inmate of an institution who was sentenced to
	486	+	.230580.2SA
	487	+	- 9 - underscored material = new
	488	+	[bracketed material] = delete
461	489		1
462	490		2
463	491		3
464	492		4
465	493		5
466	494		6
467	495		7
468	496		8
469	497		9
470	498		10
471	499		11
472	500		12
473	501		13
474	502		14
475	503		15
476	504		16
477	505		17
478	506		18
479	507		19
480	508		20
481	509		21
482	510		22
483	511		23
484	512		24
485	513		25
486		-	institution designated by the corrections department shall be
487		-	required to undergo a two-year period of parole. An inmate
488		-	who was convicted of a fourth degree felony and who has
489		-	served the sentence of imprisonment imposed by the court in
490		-	an institution designated by the corrections department shall
491		-	be required to undergo a one-year period of parole. During
492		-	the period of parole, the person shall be under the guidance
493		-	and supervision of the board.
494		-	E. Every person while on parole shall remain in
495		-	the legal custody of the institution from which the person
496		-	was released, but shall be subject to the orders of the
497		-	board. The board shall furnish to each inmate as a
498		-	prerequisite to release under its supervision a written
499		-	statement of the conditions of parole that shall be accepted
500		-	and agreed to by the inmate as evidenced by the inmate's
501		-	signature affixed to a duplicate copy to be retained in the
502		-	files of the board. The board shall also require as a
503		-	prerequisite to release the submission and approval of a
504		-	parole plan. If an inmate refuses to affix the inmate's
505		-	signature to the written statement of the conditions of
506		-	parole or does not have an approved parole plan, the inmate
507		-	shall not be released and shall remain in the custody of the
508		-	institution in which the inmate has served the inmate's
509		-	sentence, excepting parole, until such time as the period
510		-	of parole the inmate was required to serve, less meritorious SB 375
511		-	Page 11
	514	+	life imprisonment without possibility of release or parole is
	515	+	not eligible for parole and shall remain incarcerated for the
	516	+	entirety of the inmate's natural life.
	517	+	D. Except for certain sex offenders as provided in
	518	+	Section 31-21-10.1 NMSA 1978, an inmate who was convicted of a
	519	+	first, second or third degree felony and who has served the
	520	+	sentence of imprisonment imposed by the court in an institution
	521	+	designated by the corrections department shall be required to
	522	+	undergo a two-year period of parole. An inmate who was
	523	+	convicted of a fourth degree felony and who has served the
	524	+	sentence of imprisonment imposed by the court in an institution
	525	+	designated by the corrections department shall be required to
	526	+	undergo a one-year period of parole. During the period of
	527	+	parole, the person shall be under the guidance and supervision
	528	+	of the board.
	529	+	E. Every person while on parole shall remain in the
	530	+	legal custody of the institution from which the person was
	531	+	released, but shall be subject to the orders of the board. The
	532	+	board shall furnish to each inmate as a prerequisite to release
	533	+	under its supervision a written statement of the conditions of
	534	+	parole that shall be accepted and agreed to by the inmate as
	535	+	evidenced by the inmate's signature affixed to a duplicate copy
	536	+	to be retained in the files of the board. The board shall also
	537	+	require as a prerequisite to release the submission and
	538	+	approval of a parole plan. If an inmate refuses to affix the
	539	+	.230580.2SA
	540	+	- 10 - underscored material = new
	541	+	[bracketed material] = delete
512	542		1
513	543		2
514	544		3
515	545		4
516	546		5
517	547		6
518	548		7
519	549		8
520	550		9
521	551		10
522	552		11
523	553		12
524	554		13
525	555		14
526	556		15
527	557		16
528	558		17
529	559		18
530	560		19
531	561		20
532	562		21
533	563		22
534	564		23
535	565		24
536	566		25
537		-	deductions, if any, expires, at which time the inmate shall
538		-	be released from that institution without parole, or until
539		-	such time that the inmate evidences acceptance and agreement
540		-	to the conditions of parole as required or receives approval
541		-	for the inmate's parole plan or both. Time served from
542		-	the date that an inmate refuses to accept and agree to the
543		-	conditions of parole or fails to receive approval for the
544		-	inmate's parole plan shall reduce the period, if any, to be
545		-	served under parole at a later date. If the district court
546		-	has ordered that the inmate make restitution to a victim as
547		-	provided in Section 31-17-1 NMSA 1978, the board shall
548		-	include restitution as a condition of parole. The board
549		-	shall also personally apprise the inmate of the conditions
550		-	of parole and the inmate's duties relating to those
551		-	conditions of parole.
	567	+	inmate's signature to the written statement of the conditions
	568	+	of parole or does not have an approved parole plan, the inmate
	569	+	shall not be released and shall remain in the custody of the
	570	+	institution in which the inmate has served the inmate's
	571	+	sentence, excepting parole, until such time as the period of
	572	+	parole the inmate was required to serve, less meritorious
	573	+	deductions, if any, expires, at which time the inmate shall be
	574	+	released from that institution without parole, or until such
	575	+	time that the inmate evidences acceptance and agreement to the
	576	+	conditions of parole as required or receives approval for the
	577	+	inmate's parole plan or both. Time served from the date that
	578	+	an inmate refuses to accept and agree to the conditions of
	579	+	parole or fails to receive approval for the inmate's parole
	580	+	plan shall reduce the period, if any, to be served under parole
	581	+	at a later date. If the district court has ordered that the
	582	+	inmate make restitution to a victim as provided in Section
	583	+	31-17-1 NMSA 1978, the board shall include restitution as a
	584	+	condition of parole. The board shall also personally apprise
	585	+	the inmate of the conditions of parole and the inmate's duties
	586	+	relating to those conditions of parole.
552	587		F. When a person on parole has performed the
553	588		obligations of the person's release for the period of parole
554		-	provided in this section, the board shall make a final order
555		-	of discharge and issue the person a certificate of discharge.
556		-	G. The provisions of this section shall apply to
557		-	all inmates except geriatric, permanently incapacitated and
558		-	terminally ill inmates eligible for the medical and geriatric
559		-	parole program as provided by the Parole Board Act."
560		-	SECTION 4. Section 33-2-34 NMSA 1978 (being Laws 1999,
561		-	Chapter 238, Section 1, as amended) is amended to read: SB 375
562		-	Page 12
	589	+	provided in this section, the board shall make a final order of
	590	+	discharge and issue the person a certificate of discharge.
	591	+	[G. Pursuant to the provisions of Section 31-18-15
	592	+	.230580.2SA
	593	+	- 11 - underscored material = new
	594	+	[bracketed material] = delete
563	595		1
564	596		2
565	597		3
566	598		4
567	599		5
568	600		6
569	601		7
570	602		8
571	603		9
572	604		10
573	605		11
574	606		12
575	607		13
576	608		14
577	609		15
578	610		16
579	611		17
580	612		18
581	613		19
582	614		20
583	615		21
584	616		22
585	617		23
586	618		24
587	619		25
588		-	"33-2-34. ELIGIBILITY FOR EARNED MERITORIOUS
589		-	DEDUCTIONS.--
590		-	A. A prisoner confined in a correctional facility
591		-	designated by the corrections department may lose earned
592		-	meritorious deductions if the prisoner fails to actively
593		-	participate in programs recommended for the prisoner by the
594		-	classification supervisor and approved by the warden or the
595		-	warden's designee.
596		-	B. Meritorious deductions shall be awarded for
597		-	the remainder of the sentence, after pre-sentence confinement
598		-	has been deducted, upon admission to a correctional facility
599		-	designated by the corrections department.
600		-	C. Meritorious deductions shall not exceed the
601		-	following amounts:
602		-	(1) for a prisoner confined for committing
603		-	a serious violent offense, four days per month;
604		-	(2) for a prisoner confined for committing
605		-	a nonviolent offense, thirty days per month; and
606		-	(3) for a prisoner confined following
607		-	revocation of parole, meritorious deductions will be awarded
608		-	commensurate with the classification of the offense.
609		-	D. A prisoner may lose meritorious deductions upon
610		-	recommendation by the classification supervisor, based upon
611		-	the prisoner's failure to actively participate in approved
612		-	programs and the quality of the prisoner's participation in SB 375
613		-	Page 13
	620	+	NMSA 1978, the board shall require the inmate as a condition of
	621	+	parole:
	622	+	(1) to pay the actual costs of parole services
	623	+	to the adult probation and parole division of the corrections
	624	+	department for deposit to the corrections department intensive
	625	+	supervision fund not exceeding one thousand eight hundred
	626	+	dollars ($1,800) annually to be paid in monthly installments of
	627	+	not less than twenty-five dollars ($25.00) and not more than
	628	+	one hundred fifty dollars ($150), as set by the appropriate
	629	+	district supervisor of the adult probation and parole division,
	630	+	based upon the financial circumstances of the inmate. The
	631	+	inmate's payment of the supervised parole costs shall not be
	632	+	waived unless the board holds an evidentiary hearing and finds
	633	+	that the inmate is unable to pay the costs. If the board
	634	+	waives the inmate's payment of the supervised parole costs and
	635	+	the inmate's financial circumstances subsequently change so
	636	+	that the inmate is able to pay the costs, the appropriate
	637	+	district supervisor of the adult probation and parole division
	638	+	shall advise the board and the board shall hold an evidentiary
	639	+	hearing to determine whether the waiver should be rescinded;
	640	+	and
	641	+	(2) to reimburse a law enforcement agency or
	642	+	local crime stopper program for the amount of any reward paid
	643	+	by the agency or program for information leading to the
	644	+	inmate's arrest, prosecution or conviction.
	645	+	.230580.2SA
	646	+	- 12 - underscored material = new
	647	+	[bracketed material] = delete
614	648		1
615	649		2
616	650		3
617	651		4
618	652		5
619	653		6
620	654		7
621	655		8
622	656		9
623	657		10
624	658		11
625	659		12
626	660		13
627	661		14
628	662		15
629	663		16
630	664		17
631	665		18
632	666		19
633	667		20
634	668		21
635	669		22
636	670		23
637	671		24
638	672		25
639		-	those approved programs. A prisoner may not lose meritorious
640		-	deductions unless the recommendation of the classification
641		-	supervisor is approved by the warden or the warden's designee.
642		-	E. If a prisoner's active participation in
643		-	approved programs is interrupted by a lockdown at a
644		-	correctional facility, the prisoner may not lose meritorious
645		-	deductions, unless the warden or the warden's designee
646		-	determines that the prisoner's conduct contributed to the
647		-	initiation or continuance of the lockdown.
648		-	F. A prisoner confined in a correctional facility
649		-	designated by the corrections department is eligible for
650		-	lump-sum meritorious deductions as follows:
	673	+	H.] G. The provisions of this section shall apply
	674	+	to all inmates except geriatric, permanently incapacitated and
	675	+	terminally ill inmates eligible for the medical and geriatric
	676	+	parole program as provided by the Parole Board Act."
	677	+	SECTION 4. Section 33-2-34 NMSA 1978 (being Laws 1999,
	678	+	Chapter 238, Section 1, as amended) is amended to read:
	679	+	"33-2-34. ELIGIBILITY FOR EARNED MERITORIOUS
	680	+	DEDUCTIONS.--
	681	+	A. [To earn meritorious deductions ] A prisoner
	682	+	confined in a correctional facility designated by the
	683	+	corrections department [must be an active participant ] may lose
	684	+	earned meritorious deductions if the prisoner fails to actively
	685	+	participate in programs recommended for the prisoner by the
	686	+	classification supervisor and approved by the warden or the
	687	+	warden's designee.
	688	+	B. Meritorious deductions shall be awarded for the
	689	+	remainder of the sentence, after pre-sentence confinement has
	690	+	been deducted, upon admission to a correctional facility
	691	+	designated by the corrections department.
	692	+	C. Meritorious deductions shall not exceed the
	693	+	following amounts:
	694	+	(1) for a prisoner confined for committing a
	695	+	serious violent offense, [up to a maximum of ] four days per
	696	+	month [of time served ];
	697	+	(2) for a prisoner confined for committing a
	698	+	.230580.2SA
	699	+	- 13 - underscored material = new
	700	+	[bracketed material] = delete
	701	+	1
	702	+	2
	703	+	3
	704	+	4
	705	+	5
	706	+	6
	707	+	7
	708	+	8
	709	+	9
	710	+	10
	711	+	11
	712	+	12
	713	+	13
	714	+	14
	715	+	15
	716	+	16
	717	+	17
	718	+	18
	719	+	19
	720	+	20
	721	+	21
	722	+	22
	723	+	23
	724	+	24
	725	+	25
	726	+	nonviolent offense, [up to a maximum of ] thirty days per month
	727	+	[of time served]; and
	728	+	(3) for a prisoner confined following
	729	+	revocation of parole, [for the alleged commission of a new
	730	+	felony offense or for absconding from parole, up to a maximum of
	731	+	four days per month of time served during the parole term
	732	+	following revocation; and
	733	+	(4) for a prisoner confined following
	734	+	revocation of parole for a reason other than the alleged
	735	+	commission of a new felony offense or absconding from parole:
	736	+	(a) up to a maximum of eight days per
	737	+	month of time served during the parole term following
	738	+	revocation, if the prisoner was convicted of a serious violent
	739	+	offense or failed to pass a drug test administered as a
	740	+	condition of parole; or
	741	+	(b) up to a maximum of thirty days per
	742	+	month of time served during the parole term following
	743	+	revocation, if the prisoner was convicted of a nonviolent
	744	+	offense] meritorious deductions will not be awarded .
	745	+	[B.] D. A prisoner may [earn ] lose meritorious
	746	+	deductions upon recommendation by the classification supervisor,
	747	+	based upon the prisoner's [active participation ] failure to
	748	+	actively participate in approved programs and the quality of the
	749	+	prisoner's participation in those approved programs. A prisoner
	750	+	may not [earn] lose meritorious deductions unless the
	751	+	.230580.2SA
	752	+	- 14 - underscored material = new
	753	+	[bracketed material] = delete
	754	+	1
	755	+	2
	756	+	3
	757	+	4
	758	+	5
	759	+	6
	760	+	7
	761	+	8
	762	+	9
	763	+	10
	764	+	11
	765	+	12
	766	+	13
	767	+	14
	768	+	15
	769	+	16
	770	+	17
	771	+	18
	772	+	19
	773	+	20
	774	+	21
	775	+	22
	776	+	23
	777	+	24
	778	+	25
	779	+	recommendation of the classification supervisor is approved by
	780	+	the warden or the warden's designee.
	781	+	[C.] E. If a prisoner's active participation in
	782	+	approved programs is interrupted by a lockdown at a correctional
	783	+	facility, the prisoner may [continue to be awarded ] not lose
	784	+	meritorious deductions, [at the rate the prisoner was earning
	785	+	meritorious deductions prior to the lockdown ] unless the warden
	786	+	or the warden's designee determines that the prisoner's conduct
	787	+	contributed to the initiation or continuance of the lockdown.
	788	+	[D.] F. A prisoner confined in a correctional
	789	+	facility designated by the corrections department is eligible
	790	+	for lump-sum meritorious deductions as follows:
651	791		(1) for successfully completing an approved
652		-	vocational, substance abuse or mental health program, ~~thirty~~
653		-	days; except when the prisoner has a demonstrable ~~physical,~~
654		-	mental health or developmental disability that ~~prevents the~~
655		-	prisoner from successfully earning a high school ~~equivalency~~
656		-	credential, in which case, the prisoner shall be ~~awarded~~
657		-	ninety days;
	792	+	vocational, substance abuse or mental health program, [one
	793	+	month] thirty days; except when the prisoner has a demonstrable
	794	+	physical, mental health or developmental disability that
	795	+	prevents the prisoner from successfully earning a high school
	796	+	equivalency credential, in which case, the prisoner shall be
	797	+	awarded [three months ] ninety days;
658	798		(2) for earning a high school equivalency
659		-	credential, ninety days;
660		-	(3) for earning an associate's degree, one
661		-	hundred twenty days;
662		-	(4) for earning a bachelor's degree, one
663		-	hundred fifty days; SB 375
664		-	Page 14
	799	+	credential, [three months ] ninety days;
	800	+	(3) for earning an associate's degree, [four
	801	+	months] one hundred twenty days ;
	802	+	(4) for earning a bachelor's degree, [five
	803	+	months] one hundred fifty days ;
	804	+	.230580.2SA
	805	+	- 15 - underscored material = new
	806	+	[bracketed material] = delete
665	807		1
666	808		2
667	809		3
668	810		4
669	811		5
670	812		6
671	813		7
672	814		8
673	815		9
674	816		10
675	817		11
676	818		12
677	819		13
678	820		14
679	821		15
680	822		16
681	823		17
682	824		18
683	825		19
684	826		20
685	827		21
686	828		22
687	829		23
688	830		24
689	831		25
690	832		(5) for earning a graduate qualification,
691		-	one hundred fifty days; and
	833	+	[five months] one hundred fifty days ; and
692	834		(6) for engaging in a heroic act of saving
693	835		life or property, engaging in extraordinary conduct for the
694		-	benefit of the state or the public that is at great expense
695		-	or risk to or involves great effort on the part of the
696		-	~~prisoner or~~ engaging in extraordinary conduct far in excess of
697		-	~~normal~~ program assignments that demonstrates the prisoner's
698		-	~~commitment~~ to self-rehabilitation. The classification
699		-	~~supervisor and the~~ warden or the warden's designee may
700		-	~~recommend the number of days~~ to be awarded in each case based
701		-	~~upon the particular merits, but~~ any award shall be determined
702		-	~~by the director of the adult~~ institutions division of the
703		-	~~corrections department or the~~ director's designee.
704		-	G. Lump-sum meritorious deductions, provided in
705		-	Paragraphs (1) through (6) of Subsection F of this section,
	836	+	benefit of the state or the public that is at great expense or
	837	+	risk to or involves great effort on the part of the prisoner or
	838	+	engaging in extraordinary conduct far in excess of normal
	839	+	program assignments that demonstrates the prisoner's commitment
	840	+	to self-rehabilitation. The classification supervisor and the
	841	+	warden or the warden's designee may recommend the number of days
	842	+	to be awarded in each case based upon the particular merits, but
	843	+	any award shall be determined by the director of the adult
	844	+	institutions division of the corrections department or the
	845	+	director's designee.
	846	+	[E.] G. Lump-sum meritorious deductions, provided in
	847	+	Paragraphs (1) through (6) of Subsection [D ] F of this section,
706	848		may be awarded in addition to the meritorious deductions
707		-	provided in Subsection C of this section. ~~Lump-sum~~
708		-	meritorious deductions shall not exceed one year per ~~award~~
709		-	and shall not exceed a total of one year for all lump-sum
	849	+	provided in [Subsections A and B ] Subsection C of this section.
	850	+	Lump-sum meritorious deductions shall not exceed one year per
	851	+	award and shall not exceed a total of one year for all lump-sum
710	852		meritorious deductions awarded in any consecutive twelve-month
711	853		period.
712		-	H. A prisoner may lose meritorious deductions if
713		-	the prisoner:
714		-	(1) disobeys an order to perform labor, SB 375
715		-	Page 15
	854	+	[F.] H. A prisoner [is not eligible to earn ] may
	855	+	lose meritorious deductions if the prisoner:
	856	+	(1) disobeys an order to perform labor,
	857	+	.230580.2SA
	858	+	- 16 - underscored material = new
	859	+	[bracketed material] = delete
716	860		1
717	861		2
718	862		3
719	863		4
720	864		5
721	865		6
722	866		7
723	867		8
724	868		9
725	869		10
726	870		11
727	871		12
728	872		13
729	873		14
730	874		15
731	875		16
732	876		17
733	877		18
734	878		19
735	879		20
736	880		21
737	881		22
738	882		23
739	883		24
740	884		25
741	885		pursuant to Section 33-8-4 NMSA 1978;
742	886		(2) is in disciplinary segregation;
743	887		(3) is confined for committing a serious
744		-	violent offense and is within the first sixty days of receipt
745		-	by the corrections department; or
	888	+	violent offense and is within the first sixty days of receipt by
	889	+	the corrections department; or
746	890		(4) is not an active participant in programs
747		-	recommended and approved for the prisoner by the
748		-	~~classification~~ supervisor.
749		-	I. The provisions of this section shall not be
	891	+	recommended and approved for the prisoner by the classification
	892	+	supervisor.
	893	+	[G.] I. The provisions of this section shall not be
750	894		interpreted as providing eligibility to earn meritorious
751		-	deductions from a sentence of life imprisonment or a sentence
752		-	of life imprisonment without possibility of release or parole.
753		-	J. The corrections department shall promulgate
754		-	rules to implement the provisions of this section, and the
755		-	~~rules~~ shall be matters of public record. A concise summary
756		-	~~of the~~ rules shall be provided to each prisoner, and each
757		-	~~prisoner~~ shall receive a statement of the meritorious
	895	+	deductions from a sentence of life imprisonment or a sentence of
	896	+	life imprisonment without possibility of release or parole.
	897	+	[H.] J. The corrections department shall promulgate
	898	+	rules to implement the provisions of this section, and the rules
	899	+	shall be matters of public record. A concise summary of the
	900	+	rules shall be provided to each prisoner, and each prisoner
	901	+	shall receive a [quarterly ] statement of the meritorious
758	902		deductions earned upon initial award, if additional awards are
759	903		given, if meritorious deductions are lost and upon request .
760		-	K. A New Mexico prisoner confined in a federal
	904	+	[I.] K. A New Mexico prisoner confined in a federal
761	905		or out-of-state correctional facility is eligible to earn
762		-	meritorious deductions for active participation in programs
763		-	on the basis of the prisoner's conduct and program reports
764		-	furnished by that facility to the corrections department.
765		-	All decisions regarding the award and forfeiture of SB 375
766		-	Page 16
	906	+	meritorious deductions for active participation in programs on
	907	+	the basis of the prisoner's conduct and program reports
	908	+	furnished by that facility to the corrections department. All
	909	+	decisions regarding the award and forfeiture of meritorious
	910	+	.230580.2SA
	911	+	- 17 - underscored material = new
	912	+	[bracketed material] = delete
767	913		1
768	914		2
769	915		3
770	916		4
771	917		5
772	918		6
773	919		7
774	920		8
775	921		9
776	922		10
777	923		11
778	924		12
779	925		13
780	926		14
781	927		15
782	928		16
783	929		17
784	930		18
785	931		19
786	932		20
787	933		21
788	934		22
789	935		23
790	936		24
791	937		25
792		-	~~meritorious~~ deductions at such facility are subject to final
793		-	~~approval by the~~ director of the adult institutions division
794		-	~~of the corrections~~ department or the director's designee.
795		-	L. In order to be eligible for meritorious
	938	+	deductions at such facility are subject to final approval by the
	939	+	director of the adult institutions division of the corrections
	940	+	department or the director's designee.
	941	+	[J.] L. In order to be eligible for meritorious
796	942		deductions, a prisoner confined in a federal or out-of-state
797	943		correctional facility designated by the corrections department
798		-	must actively participate in programs that are available. If
799		-	a federal or out-of-state correctional facility does not have
	944	+	must actively participate in programs that are available. If a
	945	+	federal or out-of-state correctional facility does not have
800	946		programs available for a prisoner, the prisoner may be awarded
801	947		meritorious deductions at the rate the prisoner could have
802	948		earned meritorious deductions if the prisoner had actively
803	949		participated in programs.
804		-	M. A prisoner confined in a correctional facility
805		-	in New Mexico that is operated by a private company, pursuant
806		-	to a contract with the corrections department, is eligible to
807		-	earn meritorious deductions in the same manner as a prisoner
808		-	confined in a state-run correctional facility. All decisions
809		-	regarding the award or forfeiture of meritorious deductions at
810		-	such facilities are subject to final approval by the director
811		-	of the adult institutions division of the corrections
812		-	department or the director's designee.
813		-	N. As used in this section:
814		-	(1) "active participant" means a prisoner
815		-	who has begun, and is regularly engaged in, approved programs;
816		-	(2) "program" means work, vocational, SB 375
817		-	Page 17
	950	+	[K.] M. A prisoner confined in a correctional
	951	+	facility in New Mexico that is operated by a private company,
	952	+	pursuant to a contract with the corrections department, is
	953	+	eligible to earn meritorious deductions in the same manner as a
	954	+	prisoner confined in a state-run correctional facility. All
	955	+	decisions regarding the award or forfeiture of meritorious
	956	+	deductions at such facilities are subject to final approval by
	957	+	the director of the adult institutions division of the
	958	+	corrections department or the director's designee.
	959	+	[L.] N. As used in this section:
	960	+	(1) "active participant" means a prisoner who
	961	+	has begun, and is regularly engaged in, approved programs;
	962	+	(2) "program" means work, vocational,
	963	+	.230580.2SA
	964	+	- 18 - underscored material = new
	965	+	[bracketed material] = delete
818	966		1
819	967		2
820	968		3
821	969		4
822	970		5
823	971		6
824	972		7
825	973		8
826	974		9
827	975		10
828	976		11
829	977		12
830	978		13
831	979		14
832	980		15
833	981		16
834	982		17
835	983		18
836	984		19
837	985		20
838	986		21
839	987		22
840	988		23
841	989		24
842	990		25
843	991		educational, substance abuse and mental health programs,
844		-	approved by the classification supervisor, that contribute
845		-	~~to a~~ prisoner's self-betterment through the development of
846		-	~~personal~~ and occupational skills. "Program" does not include
	992	+	approved by the classification supervisor, that contribute to a
	993	+	prisoner's self-betterment through the development of personal
	994	+	and occupational skills. "Program" does not include
847	995		recreational activities;
848	996		(3) "nonviolent offense" means any offense
849	997		other than a serious violent offense; and
850	998		(4) "serious violent offense" means:
851		-	(a) second degree murder, as provided
852		-	in Section 30-2-1 NMSA 1978;
	999	+	(a) second degree murder, as provided in
	1000	+	Section 30-2-1 NMSA 1978;
853	1001		(b) voluntary manslaughter, as provided
854	1002		in Section 30-2-3 NMSA 1978;
855		-	(c) third degree aggravated battery,
856		-	as provided in Section 30-3-5 NMSA 1978;
	1003	+	(c) third degree aggravated battery, as
	1004	+	provided in Section 30-3-5 NMSA 1978;
857	1005		(d) third degree aggravated battery
858		-	against a household member, as provided in Section 30-3-16
859		-	~~NMSA~~ 1978;
860		-	(e) first degree kidnapping, as
861		-	~~provided~~ in Section 30-4-1 NMSA 1978;
	1006	+	against a household member, as provided in Section 30-3-16 NMSA
	1007	+	1978;
	1008	+	(e) first degree kidnapping, as provided
	1009	+	in Section 30-4-1 NMSA 1978;
862	1010		(f) first and second degree criminal
863	1011		sexual penetration, as provided in Section 30-9-11 NMSA 1978;
864	1012		(g) second and third degree criminal
865		-	sexual contact of a minor, as provided in Section 30-9-13
866		-	NMSA 1978;
867		-	(h) first and second degree robbery, SB 375
868		-	Page 18
	1013	+	sexual contact of a minor, as provided in Section 30-9-13 NMSA
	1014	+	1978;
	1015	+	(h) first and second degree robbery, as
	1016	+	.230580.2SA
	1017	+	- 19 - underscored material = new
	1018	+	[bracketed material] = delete
869	1019		1
870	1020		2
871	1021		3
872	1022		4
873	1023		5
874	1024		6
875	1025		7
876	1026		8
877	1027		9
878	1028		10
879	1029		11
880	1030		12
881	1031		13
882	1032		14
883	1033		15
884	1034		16
885	1035		17
886	1036		18
887	1037		19
888	1038		20
889	1039		21
890	1040		22
891	1041		23
892	1042		24
893	1043		25
894		-	as provided in Section 30-16-2 NMSA 1978;
	1044	+	provided in Section 30-16-2 NMSA 1978;
895	1045		(i) second degree aggravated arson, as
896	1046		provided in Section 30-17-6 NMSA 1978;
897	1047		(j) shooting at a dwelling or occupied
898	1048		building, as provided in Section 30-3-8 NMSA 1978;
899		-	(k) shooting at or from a motor
900		-	~~vehicle,~~ as provided in Section 30-3-8 NMSA 1978;
	1049	+	(k) shooting at or from a motor vehicle,
	1050	+	as provided in Section 30-3-8 NMSA 1978;
901	1051		(l) aggravated battery upon a peace
902	1052		officer, as provided in Section 30-22-25 NMSA 1978;
903		-	(m) assault with intent to commit
904		-	a violent felony upon a peace officer, as provided in
905		-	~~Section~~ 30-22-23 NMSA 1978;
	1053	+	(m) assault with intent to commit a
	1054	+	violent felony upon a peace officer, as provided in Section
	1055	+	30-22-23 NMSA 1978;
906	1056		(n) aggravated assault upon a peace
907	1057		officer, as provided in Section 30-22-22 NMSA 1978; or
908	1058		(o) any of the following offenses, when
909	1059		the nature of the offense and the resulting harm are such that
910		-	the court judges the crime to be a serious violent offense
911		-	for the purpose of this section: 1) involuntary manslaughter,
912		-	as provided in Section 30-2-3 NMSA 1978; 2) fourth degree
913		-	aggravated assault, as provided in Section 30-3-2 NMSA 1978;
914		-	3) third degree assault with intent to commit a violent
915		-	felony, as provided in Section 30-3-3 NMSA 1978; 4) fourth
916		-	degree aggravated assault against a household member, as
917		-	provided in Section 30-3-13 NMSA 1978; 5) third degree assault
918		-	against a household member with intent to commit a violent SB 375
919		-	Page 19
	1060	+	the court judges the crime to be a serious violent offense for
	1061	+	the purpose of this section: 1) involuntary manslaughter, as
	1062	+	provided in Section 30-2-3 NMSA 1978; 2) fourth degree
	1063	+	aggravated assault, as provided in Section 30-3-2 NMSA 1978; 3)
	1064	+	third degree assault with intent to commit a violent felony, as
	1065	+	provided in Section 30-3-3 NMSA 1978; 4) fourth degree
	1066	+	aggravated assault against a household member, as provided in
	1067	+	Section 30-3-13 NMSA 1978; 5) third degree assault against a
	1068	+	household member with intent to commit a violent felony, as
	1069	+	.230580.2SA
	1070	+	- 20 - underscored material = new
	1071	+	[bracketed material] = delete
920	1072		1
921	1073		2
922	1074		3
923	1075		4
924	1076		5
925	1077		6
926	1078		7
927	1079		8
928	1080		9
929	1081		10
930	1082		11
931	1083		12
932	1084		13
933	1085		14
934	1086		15
935	1087		16
936	1088		17
937	1089		18
938	1090		19
939	1091		20
940	1092		21
941	1093		22
942	1094		23
943	1095		24
944	1096		25
945		-	felony, as provided in Section 30-3-14 NMSA 1978; 6) third
946		-	and fourth degree aggravated stalking, as provided in
947		-	Section 30-3A-3.1 NMSA 1978; 7) second degree kidnapping,
948		-	as provided in Section 30-4-1 NMSA 1978; 8) second degree
949		-	abandonment of a child, as provided in Section 30-6-1
950		-	NMSA 1978; 9) first, second and third degree abuse of a child,
951		-	as provided in Section 30-6-1 NMSA 1978; 10) third degree
952		-	dangerous use of explosives, as provided in Section 30-7-5
953		-	NMSA 1978; 11) third and fourth degree criminal sexual
954		-	penetration, as provided in Section 30-9-11 NMSA 1978;
955		-	12) fourth degree criminal sexual contact of a minor,
956		-	as provided in Section 30-9-13 NMSA 1978; 13) third degree
957		-	robbery, as provided in Section 30-16-2 NMSA 1978; 14) third
958		-	degree homicide by vehicle or great bodily harm by vehicle,
959		-	as provided in Section 66-8-101 NMSA 1978; or 15) battery upon
960		-	a peace officer, as provided in Section 30-22-24 NMSA 1978.
961		-	O. Except for sex offenders, as provided in
	1097	+	provided in Section 30-3-14 NMSA 1978; 6) third and fourth
	1098	+	degree aggravated stalking, as provided in Section 30-3A-3.1
	1099	+	NMSA 1978; 7) second degree kidnapping, as provided in Section
	1100	+	30-4-1 NMSA 1978; 8) second degree abandonment of a child, as
	1101	+	provided in Section 30-6-1 NMSA 1978; 9) first, second and third
	1102	+	degree abuse of a child, as provided in Section 30-6-1 NMSA
	1103	+	1978; 10) third degree dangerous use of explosives, as provided
	1104	+	in Section 30-7-5 NMSA 1978; 11) third and fourth degree
	1105	+	criminal sexual penetration, as provided in Section 30-9-11 NMSA
	1106	+	1978; 12) fourth degree criminal sexual contact of a minor, as
	1107	+	provided in Section 30-9-13 NMSA 1978; 13) third degree robbery,
	1108	+	as provided in Section 30-16-2 NMSA 1978; 14) third degree
	1109	+	homicide by vehicle or great bodily harm by vehicle, as provided
	1110	+	in Section 66-8-101 NMSA 1978; or 15) battery upon a peace
	1111	+	officer, as provided in Section 30-22-24 NMSA 1978.
	1112	+	[M.] O. Except for sex offenders, as provided in
962	1113		Section 31-21-10.1 NMSA 1978, an offender sentenced to
963	1114		confinement in a correctional facility designated by the
964	1115		corrections department who has been released from confinement
965	1116		and who is serving a parole term may be awarded earned
966	1117		meritorious deductions of up to thirty days per month upon
967	1118		recommendation of the parole officer supervising the offender,
968		-	with the final approval of the adult parole board. The
969		-	offender must be in compliance with all the conditions of the SB 375
970		-	Page 20
	1119	+	with the final approval of the adult parole board. The offender
	1120	+	must be in compliance with all the conditions of the offender's
	1121	+	parole to be eligible for earned meritorious deductions. The
	1122	+	.230580.2SA
	1123	+	- 21 - underscored material = new
	1124	+	[bracketed material] = delete
971	1125		1
972	1126		2
973	1127		3
974	1128		4
975	1129		5
976	1130		6
977	1131		7
978	1132		8
979	1133		9
980	1134		10
981	1135		11
982	1136		12
983	1137		13
984	1138		14
985	1139		15
986	1140		16
987	1141		17
988	1142		18
989	1143		19
990	1144		20
991	1145		21
992	1146		22
993	1147		23
994	1148		24
995	1149		25
996		-	~~offender's~~ parole ~~to be eligible for~~ earned meritorious
997		-	~~deductions.~~ The ~~adult parole board may remove earned~~
998		-	~~meritorious deductions previously awarded if~~ the offender
999		-	~~later fails~~ to ~~comply with~~ the ~~conditions of the offender's~~
1000		-	~~parole.~~ The ~~offender shall be eligible to earn meritorious~~
1001		-	~~deductions while on~~ parole ~~in the community commensurate with~~
1002		-	the ~~classification~~ of ~~the offense~~. ~~The corrections department~~
1003		-	~~and the adult parole board shall promulgate rules~~ to ~~implement~~
1004		-	~~the provisions of this subsection~~. ~~This subsection applies~~
1005		-	~~to offenders who are serving a parole term on or after~~
1006		-	~~July 1, 2004."~~
	1150	+	adult parole board may remove earned meritorious deductions
	1151	+	previously awarded if the offender later fails to comply with
	1152	+	the conditions of the offender's parole. The offender shall be
	1153	+	eligible to earn meritorious deductions while on parole in the
	1154	+	community commensurate with the classification of the offense.
	1155	+	The corrections department and the adult parole board shall
	1156	+	promulgate rules to implement the provisions of this subsection.
	1157	+	This subsection applies to offenders who are serving a parole
	1158	+	term on or after July 1, 2004."
	1159	+	- 22 -
	1160	+	.230580.2SA