SB 29 — MEDICAL AND GERIATRIC PAROLE

SENATEAN BILLACT 29RELATING 56THTO LEGISLATURECRIMINAL -STATEOFNEWMEXICO-JUSTICE FIRSTREFORM; SESSION, 2023 INTRODUCED BY Bill B.

O'Neill 6 8 FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE 10 AN ACT RELATING TO CRIMINAL JUSTICE REFORM;

156 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 31-21-5 NMSA 1978 (being Laws 1978, e t 17 Chapter 41, Section 1, as amended) is amended to read:

w l n d 18 "31-21-5.

DEFINITIONS.--As used in the Probation and = = 19 a l Parole Act:

i a e r 20 A.

"probation" means the procedure under which an a t m m 21 adult defendant, found guilty of a crime upon verdict or plea, d r e 22 is released by the court without imprisonment under a suspended c e s k 23 or deferred sentence and subject to conditions;

e a n b 24 B.

"parole" means the release to the community of u [ an inmate of an institution by decision of the board or by .223356.2 operation of law, subject to conditions imposed by the board and to its supervision;

"director" means the director of the [field services] adult probation and parole division of the corrections department or any employee designated by [him;the director;

and] the director;

"adult" means any person convicted of a crime SB 29 Page 1 by a district court;

e t 17 (3) suffers from a debilitating and chronic w l n d 18 infirmity, illness or disease related to aging;

and = = 19 a l (4) does not constitute a danger to the i a e r 20 person's own self or to society at the time of review;

a t m m 21 H.

"permanently incapacitated inmate" means a d r e 22 person who:

c e s k 23 (1) is serving a sentence and is confined in a e a n b 24 prison or other correctional institution under the control of u [ the corrections department;

.223356.2 - 2 - (2) by reason of an existing medical condition is permanently and irreversibly physically incapacitated;

(2) has an incurable condition caused by SB 29 Page 2 illness or disease that will, within reasonable medical judgment, produce death within six months;

[ADMINISTRATION BY] MEDICAL OR GERIATRIC ePAROLE--PROCEDURES-- tDUTIES 17 PAROLE--PROCEDURES--DUTIES OF THE CORRECTIONS DEPARTMENT--DEPARTMENT--DUTIES w l n d 18 DUTIES OF THE BOARD.-- = = 19 a l A.

The corrections department shall promulgate i a e r 20 rules and implement a medical and geriatric parole program, a t m m 21 including the application form for medical or geriatric parole.

d r e 22 B.

An inmate who is geriatric, permanently c e s k 23 incapacitated or terminally ill may seek parole consideration e a n b 24 upon written application to the board or consent to submission u [ of an application by and through a family member, attorney or .223356.2 - 3 - corrections department care provider.

The corrections department shall identify geriatric, permanently incapacitated and terminally ill SB 29 Page 3 inmates, notify those inmates of the opportunity to apply for medical or geriatric parole and recommend the release of those inmates who are eligible for [geriatric or] medical or geriatric parole.

[basedD. on rules established by the board.

TheA departmentclassification officer shall forwardprovide an applicationinmate andover documentationthe inage support of parolefifty-five eligibilitywith toa copy of the boardmedical withinand thirtygeriatric daysparole ofpolicy receiptand ofany another applicationapplicable fromforms anat inmate.least once a year.

TheAn documentationinmate shallarriving includeat informationa concerninglong-term care or geriatric unit managed by the inmate'scorrections edepartment tor 17placed age,by medicalthe historycorrections anddepartment prognosis,into institutionallong-term behaviorcare andor wa lfacility nnot dmanaged 18by adjustmentthe department shall be provided with a copy of the medical and criminalgeriatric history.parole policy, written in the inmate's preferred language, during orientation.

The inmate or inmate's = = 19 a l representative may submit an application to the board] i a e r 20 D.

A classification officer shall provide an inmate a t m m 21 over the age of fifty-five with a copy of the medical and d r e 22 geriatric parole policy and any other applicable forms at least c e s k 23 once a year.

An inmate arriving at a long-term care or e a n b 24 geriatric unit managed by the corrections department or placed u [ by the corrections department into long-term care or a facility .223356.2 - 4 - not managed by the department shall be provided with a copy of the medical and geriatric parole policy, written in the inmate's preferred language, during orientation.

The corrections department shall determine whether to recommend an inmate for medical or geriatric SB 29 Page 4 parole and make any recommendations to the board no later than thirty e t 17 days after receipt of the application by the classification w l n d 18 officer.

All applications received by the department shall be = = 19 a l processed and forwarded to the board.

The recommendation shall i a e r 20 include the inmate's age, medical history and prognosis and, if a t m m 21 applicable, institutional behavior, adjustment and any evidence d r e 22 suggesting rehabilitation during incarceration.

When the c e s k 23 department recommends an inmate for medical or geriatric e a n b 24 parole, the director shall submit a statement to the board that u [ the inmate's release is not incompatible with the welfare of .223356.2 - 5 - society.

(2) the severity of the inmate's illness, SB 29 Page 5 disease or infirmity;

(3) a comprehensive health evaluation of the e t 17 inmate;

w l n d 18 (4) the inmate's institutional behavior, = = 19 a l including evidence indicating rehabilitation;

i a e r 20 (5) the inmate's current level of risk for a t m m 21 violence;

and d r e 22 (6) any alternative to maintaining the c e s k 23 geriatric, permanently incapacitated or terminally ill inmate e a n b 24 in a traditional setting.