New Mexico 2025 Regular Session Status: Enacted 3 R cosponsors

HB 102 — VIOLENT FELONIES FOR MERITORIOUS DEDUCTION

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 15, 2025. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on April 08, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Advancing 56% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

264 added · 344 removed

Plain-language change summary

The updated version of Bill HB 102 now classifies homicide by a vehicle and great bodily harm by a vehicle as serious violent offenses. This change is significant because it impacts the amount of time a prisoner can earn in meritorious deductions for good behavior while incarcerated. Previously, these offenses weren't categorized in this way, meaning individuals convicted of them could potentially earn more good time credits than those committing serious violent offenses. By making this classification, the legislation aims to ensure that those who commit severe crimes are treated more consistently in terms of earning deductions from their sentences.

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HOUSE BILL 102 57 TH LEGISLATUR- STATE OF NEW MEXICO - FIRST SESSIO, 2025 INTRODUCED BY Andrea Reeb and Nicole Chavez and John Block 6 8 10 AN ACT RELATING TO CORRECTIONS;
AN ACT RELATING TO CORRECTIONS;
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 33-2-34 NMSA 1978 (being Laws 1999, e t 17 Chapter 238, Section 1, as amended) is amended to read:
Section 33-2-34 NMSA 1978 (being Laws 1999, Chapter 238, Section 1, as amended) is amended to read:
w l n d 18 "33-2-34.
"33-2-34.
ELIGIBILITY FOR EARNED MERITORIOUS = = 19 a l DEDUCTIONS.-- i a e r 20 A.
ELIGIBILITY FOR EARNED MERITORIOUS DEDUCTIONS.-- A.
To earn meritorious deductions, a prisoner a t m m 21 confined in a correctional facility designated by the d r e 22 corrections department must be an active participant in c e s k 23 programs recommended for the prisoner by the classification e a n b 24 supervisor and approved by the warden or the warden's designee.
To earn meritorious deductions, a prisoner confined in a correctional facility designated by the corrections department must be an active participant in programs recommended for the prisoner by the classification supervisor and approved by the warden or the warden's designee.
u [ Meritorious deductions shall not exceed the following amounts:
Meritorious deductions shall not exceed the following amounts:
.228749.1 (1) for a prisoner confined for committing a serious violent offense, up to a maximum of four days per month of time served;
(1) for a prisoner confined for committing a serious violent offense, up to a maximum of four days per month of time served;
(3) for a prisoner confined following revocation of parole for the alleged commission of a new felony offense or for absconding from parole, up to a maximum of four days per month of time served during the parole term following revocation;
(3) for a prisoner confined following revocation of parole for the alleged commission of a new HB 102 Page 1 felony offense or for absconding from parole, up to a maximum of four days per month of time served during the parole term following revocation;
(a) up to a maximum of eight days per month of time served during the parole term following e t 17 revocation, if the prisoner was convicted of a serious violent w l n d 18 offense or failed to pass a drug test administered as a = = 19 a l condition of parole;
(a) up to a maximum of eight days per month of time served during the parole term following revocation, if the prisoner was convicted of a serious violent offense or failed to pass a drug test administered as a condition of parole;
or i a e r 20 (b) up to a maximum of thirty days per a t m m 21 month of time served during the parole term following d r e 22 revocation, if the prisoner was convicted of a nonviolent c e s k 23 offense.
or (b) up to a maximum of thirty days per month of time served during the parole term following revocation, if the prisoner was convicted of a nonviolent offense.
e a n b 24 B.
B.
A prisoner may earn meritorious deductions upon u [ recommendation by the classification supervisor, based upon the .228749.1 - 2 - prisoner's active participation in approved programs and the quality of the prisoner's participation in those approved programs.
A prisoner may earn meritorious deductions upon recommendation by the classification supervisor, based upon the prisoner's active participation in approved programs and the quality of the prisoner's participation in those approved programs.
If a prisoner's active participation in approved programs is interrupted by a lockdown at a correctional facility, the prisoner may continue to be awarded meritorious deductions at the rate the prisoner was earning meritorious deductions prior to the lockdown, unless the warden or the warden's designee determines that the prisoner's conduct contributed to the initiation or continuance of the lockdown.
If a prisoner's active participation in approved programs is interrupted by a lockdown at a correctional facility, the prisoner may continue to be HB 102 Page 2 awarded meritorious deductions at the rate the prisoner was earning meritorious deductions prior to the lockdown, unless the warden or the warden's designee determines that the prisoner's conduct contributed to the initiation or continuance of the lockdown.
A prisoner confined in a correctional facility designated by the corrections department is eligible for lump- sum meritorious deductions as follows:
A prisoner confined in a correctional facility designated by the corrections department is eligible for lump-sum meritorious deductions as follows:
(1) for successfully completing an approved e t 17 vocational, substance abuse or mental health program, one w l n d 18 month;
(1) for successfully completing an approved vocational, substance abuse or mental health program, one month;
except when the prisoner has a demonstrable physical, = = 19 a l mental health or developmental disability that prevents the i a e r 20 prisoner from successfully earning a high school equivalency a t m m 21 credential, in which case, the prisoner shall be awarded three d r e 22 months;
except when the prisoner has a demonstrable physical, mental health or developmental disability that prevents the prisoner from successfully earning a high school equivalency credential, in which case, the prisoner shall be awarded three months;
c e s k 23 (2) for earning a high school equivalency e a n b 24 credential, three months;
(2) for earning a high school equivalency credential, three months;
u [ (3) for earning an associate's degree, four .228749.1 - 3 - months;
(3) for earning an associate's degree, four months;
and (6) for engaging in a heroic act of saving life or property, engaging in extraordinary conduct for the benefit of the state or the public that is at great expense or risk to or involves great effort on the part of the prisoner or engaging in extraordinary conduct far in excess of normal program assignments that demonstrates the prisoner's commitment to self-rehabilitation.
and (6) for engaging in a heroic act of saving life or property, engaging in extraordinary conduct for the HB 102 Page 3 benefit of the state or the public that is at great expense or risk to or involves great effort on the part of the prisoner or engaging in extraordinary conduct far in excess of normal program assignments that demonstrates the prisoner's commitment to self-rehabilitation.
The classification supervisor and the warden or the warden's designee may recommend the number of days to be awarded in each case based upon the particular merits, but any award shall be determined by the director of the adult institutions division of the corrections department e t 17 or the director's designee.
The classification supervisor and the warden or the warden's designee may recommend the number of days to be awarded in each case based upon the particular merits, but any award shall be determined by the director of the adult institutions division of the corrections department or the director's designee.
w l n d 18 E.
E.
Lump-sum meritorious deductions, provided in = = 19 a l Paragraphs (1) through (6) of Subsection D of this section, may i a e r 20 be awarded in addition to the meritorious deductions provided a t m m 21 in Subsections A and B of this section.
Lump-sum meritorious deductions, provided in Paragraphs (1) through (6) of Subsection D of this section, may be awarded in addition to the meritorious deductions provided in Subsections A and B of this section.
Lump-sum meritorious d r e 22 deductions shall not exceed one year per award and shall not c e s k 23 exceed a total of one year for all lump-sum meritorious e a n b 24 deductions awarded in any consecutive twelve-month period.
Lump-sum meritorious deductions shall not exceed one year per award and shall not exceed a total of one year for all lump-sum meritorious deductions awarded in any consecutive twelve- month period.
u [ F.
F.
A prisoner is not eligible to earn meritorious .228749.1 - 4 - deductions if the prisoner:
A prisoner is not eligible to earn meritorious deductions if the prisoner:
(3) is confined for committing a serious violent offense and is within the first sixty days of receipt by the corrections department;
(3) is confined for committing a serious HB 102 Page 4 violent offense and is within the first sixty days of receipt by the corrections department;
The corrections department shall promulgate rules to implement the provisions of this section, and the e t 17 rules shall be matters of public record.
The corrections department shall promulgate rules to implement the provisions of this section, and the rules shall be matters of public record.
A concise summary of w l n d 18 the rules shall be provided to each prisoner, and each prisoner = = 19 a l shall receive a quarterly statement of the meritorious i a e r 20 deductions earned.
A concise summary of the rules shall be provided to each prisoner, and each prisoner shall receive a quarterly statement of the meritorious deductions earned.
a t m m 21 I.
I.
A New Mexico prisoner confined in a federal or d r e 22 out-of-state correctional facility is eligible to earn c e s k 23 meritorious deductions for active participation in programs on e a n b 24 the basis of the prisoner's conduct and program reports u [ furnished by that facility to the corrections department.
A New Mexico prisoner confined in a federal or out-of-state correctional facility is eligible to earn meritorious deductions for active participation in programs on the basis of the prisoner's conduct and program reports furnished by that facility to the corrections department.
All .228749.1 - 5 - decisions regarding the award and forfeiture of meritorious deductions at such facility are subject to final approval by the director of the adult institutions division of the corrections department or the director's designee.
All decisions regarding the award and forfeiture of meritorious deductions at such facility are subject to final approval by the director of the adult institutions division of the corrections department or the director's designee.
J.
HB 102 Page 5 J.
A prisoner confined in a correctional facility in New Mexico that is operated by a private company, pursuant to a contract with the corrections department, is eligible to e t 17 earn meritorious deductions in the same manner as a prisoner w l n d 18 confined in a state-run correctional facility.
A prisoner confined in a correctional facility in New Mexico that is operated by a private company, pursuant to a contract with the corrections department, is eligible to earn meritorious deductions in the same manner as a prisoner confined in a state-run correctional facility.
All decisions = = 19 a l regarding the award or forfeiture of meritorious deductions at i a e r 20 such facilities are subject to final approval by the director a t m m 21 of the adult institutions division of the corrections d r e 22 department or the director's designee.
All decisions regarding the award or forfeiture of meritorious deductions at such facilities are subject to final approval by the director of the adult institutions division of the corrections department or the director's designee.
c e s k 23 L.
L.
e a n b 24 (1) "active participant" means a prisoner who u [ has begun, and is regularly engaged in, approved programs;
(1) "active participant" means a prisoner who has begun, and is regularly engaged in, approved programs;
.228749.1 - 6 - (2) "program" means work, vocational, educational, substance abuse and mental health programs, approved by the classification supervisor, that contribute to a prisoner's self-betterment through the development of personal and occupational skills.
(2) "program" means work, vocational, educational, substance abuse and mental health programs, approved by the classification supervisor, that contribute to HB 102 Page 6 a prisoner's self-betterment through the development of personal and occupational skills.
(d) third degree aggravated battery e t 17 against a household member, as provided in Section 30-3-16 NMSA w l n d 18 1978;
(d) third degree aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978;
= = 19 a l (e) first degree kidnapping, as provided i a e r 20 in Section 30-4-1 NMSA 1978;
(e) first degree kidnapping, as provided in Section 30-4-1 NMSA 1978;
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a t m m 21 (f) first and second degree criminal d r e 22 sexual penetration, as provided in Section 30-9-11 NMSA 1978;
(f) first and second degree criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
c e s k 23 (g) second and third degree criminal e a n b 24 sexual contact of a minor, as provided in Section 30-9-13 NMSA u [ 1978;
(g) second and third degree criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978;
.228749.1 - 7 - (h) first and second degree robbery, as provided in Section 30-16-2 NMSA 1978;
(h) first and second degree robbery, as provided in Section 30-16-2 NMSA 1978;
(i) second degree aggravated arson, as provided in Section 30-17-6 NMSA 1978;
(i) second degree aggravated arson, as HB 102 Page 7 provided in Section 30-17-6 NMSA 1978;
or (o) any of the following offenses, when e t 17 the nature of the offense and the resulting harm are such that w l n d 18 the court judges the crime to be a serious violent offense for = = 19 a l the purpose of this section:
or (o) any of the following offenses, when the nature of the offense and the resulting harm are such that the court judges the crime to be a serious violent offense for the purpose of this section:
1) involuntary manslaughter, as i a e r 20 provided in Section 30-2-3 NMSA 1978;
1) involuntary manslaughter, as provided in Section 30-2-3 NMSA 1978;
2) fourth degree a t m m 21 aggravated assault, as provided in Section 30-3-2 NMSA 1978;
2) fourth degree aggravated assault, as provided in Section 30-3-2 NMSA 1978;
3) d r e 22 third degree assault with intent to commit a violent felony, as c e s k 23 provided in Section 30-3-3 NMSA 1978;
3) third degree assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;
4) fourth degree e a n b 24 aggravated assault against a household member, as provided in u [ Section 30-3-13 NMSA 1978;
4) fourth degree aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978;
5) third degree assault against a .228749.1 - 8 - household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978;
5) third degree assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978;
6) third and fourth degree aggravated stalking, as provided in Section 30-3A-3.1 NMSA 1978;
6) third and fourth degree aggravated stalking, as HB 102 Page 8 provided in Section 30-3A-3.1 NMSA 1978;
14) [third degree] homicide by vehicle or great bodily harm by vehicle, as provided in Section 66-8-101 NMSA 1978;
14) homicide by vehicle or great bodily harm by vehicle, as provided in Section 66-8-101 NMSA 1978;
or 15) battery upon a peace officer, as provided in Section 30-22-24 e t 17 NMSA 1978.
or 15) battery upon a peace officer, as provided in Section 30-22-24 NMSA 1978.
w l n d 18 M.
M.
Except for sex offenders, as provided in Section = = 19 a l 31-21-10.1 NMSA 1978, an offender sentenced to confinement in a i a e r 20 correctional facility designated by the corrections department a t m m 21 who has been released from confinement and who is serving a d r e 22 parole term may be awarded earned meritorious deductions of up c e s k 23 to thirty days per month upon recommendation of the parole e a n b 24 officer supervising the offender, with the final approval of u [ the adult parole board.
Except for sex offenders, as provided in Section 31-21-10.1 NMSA 1978, an offender sentenced to confinement in a correctional facility designated by the corrections department who has been released from confinement and who is serving a parole term may be awarded earned meritorious deductions of up to thirty days per month upon recommendation of the parole officer supervising the offender, with the final approval of the adult parole board.
The offender must be in compliance .228749.1 - 9 - with all the conditions of the offender's parole to be eligible for earned meritorious deductions.
The offender must be in compliance with all the conditions of the offender's parole to be eligible for earned meritorious deductions.
The adult parole board may remove earned meritorious deductions previously awarded if the offender later fails to comply with the conditions of the offender's parole.
The adult parole board may remove earned HB 102 Page 9 meritorious deductions previously awarded if the offender later fails to comply with the conditions of the offender's parole.
This subsection applies to offenders who are serving a parole term on or after July 1, 2004." - 10 - 11 13 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .228749.1
This subsection applies to offenders who are serving a parole term on or after July 1, 2004." HB 102 Page 10 8 25
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Action History

  1. Signed

  2. passed Senate

  3. DO PASS committee report adopted

  4. Sent to Senate Judiciary Committee

  5. passed House

  6. DO PASS committee report adopted

  7. DO PASS committee report adopted

  8. Sent to House Consumer & Public Affairs Committee & House Judiciary Committee

  9. Sent to House Pre-file

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 102?
HB 102 is sponsored by John Block (Republican), Nicole Chavez (Republican), and Andrea Reeb (Republican).
What is the current status of HB 102?
This bill has been enacted into law. Introduced January 15, 2025. Enacted.
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