SB 17 — PAROLE & PAROLE BOARD CHANGES

SENATEAN BILLACT 17RELATING 57THTO LEGISLATUREPAROLE; - STATE OF NEW MEXICO - FIRST SESSION, 2025 INTRODUCED BY Leo Jaramillo and Nicole Chavez and Andrea Romero This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

TheAMENDING documentFACTORS isTO aBE toolCONSIDERED toBY showTHE amendmentsPAROLE inBOARD contextWHEN andCONSIDERING cannotPAROLE beOF usedAN forINMATE theSENTENCED purposeTO ofLIFE addingIMPRISONMENT; amendments to legislation.

hAMENDING ANTHE ACTPROCESS gTO oREMOVE RELATINGA TOMEMBER PAROLE;OF THE PAROLE BOARD;

AMENDINGPROVIDING FACTORSFOR TO BE CONSIDERED BY THE tCONSCIENTIOUS hrSCHEDULING g e i k PAROLE BOARD WHEN CONSIDERING PAROLE OF ANHEARINGS. INMATE SENTENCED TO h r i s LIFE IMPRISONMENT;

AMENDING8 THEBE PROCESSIT TOENACTED REMOVEBY ATHE MEMBERLEGISLATURE OF hTHE ,STATE t,OF THENEW PAROLEMEXICO: BOARD;

PROVIDINGSECTION FOR1. THE CONSCIENTIOUS SCHEDULING OF e u g e b l e e h HEARINGS.

nSection d31-21-10 dNMSA i1978 =(being =Laws o1980, hChapter l28, ]Section b1, ,das iamended) ais ºamended eto BEread: IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

r i = r t e w d m a n o SECTION 1.

Section 31-21-10 NMSA 1978 (being Laws 1980, d m :

b e d s º o t n = .229815.2AIC March 1, 2025 (7:16pm) s k m e e a n e d r e l u [ A d Chapter 28, Section 1, as amended) is amended to read:

Before ordering the parole of an inmate SB 17 Page 1 sentenced to life h imprisonment, the board shall:

u » r (1) interview the inmate at the institution t h g e l i where the inmate is committed;

h r i s (2) hear from the family or representative of h , e h the victim, if the family or representative chooses to t u g e b l e e , gh participate;

n d d i = = o h [(2)] (3) consider all pertinent information l ] b ,d i a º r concerning the inmate, including:

e r = t e w d m a n o (a) the circumstances of the offense, dincluding mmitigating :and aggravating circumstances;

b(b) rwhether e t º o t n = .229815.2AIC March 1, 2025 (7:16pm) s k m e - 2 - e a ndeadly eweapon dwas rused ein lthe ucommission [of Athe doffense; including mitigating and aggravating circumstances;

[(b)(c) mitigatingthe andinmate's aggravatingrelevant circumstances;criminal history;

(c)](d) (b)the whetherreports afiled deadlyunder weaponSection was31-21-9 usedNMSA in1978; the commission of the offense;

[(d)and whether(e) the inmatereports isof asuch habitualphysical offender]and (c)mental theexaminations inmate'sas relevanthave criminalbeen history;made while in an institution;

[(e)](4) (d)make a finding that a parole is in the reportsbest filedinterest underof Sectionsociety 31-21-9and NMSAthe 1978;inmate;

and [(f)](5) (e)make thea reportsfinding ofthat suchthe physicalinmate andis mentalable examinationsand aswilling haveto beenfulfill madethe whileobligations inof ana institution;law-abiding citizen.

[(3)]If (4)parole makeis adenied, findingthe thatinmate asentenced paroleto islife inSB the17 bestPage interest2 ofimprisonment societyshall andagain thebecome inmate;entitled to a parole hearing at two-year intervals.

andThe hboard [(4)]may, (5)on makeits aown findingmotion, thatreopen theany inmatecase isin gwhich oa thearing hrhas ablealready andbeen willinggranted toand fulfillparole thedenied. obligations of a law-abiding g e i k citizen.

hB. r i s If parole is denied, the inmate sentenced to life h , t, imprisonment shall again become entitled to a parole hearing at e u g e b l e e h two-year intervals.

TheUnless the board may,finds onthat itsit ownis motion,in reopenthe nbest dinterest dof isociety =and =the oparolee hto anyreduce casethe inperiod whichof parole, a hearingperson haswho alreadywas beensentenced grantedto andlife paroleimprisonment lshall ]be brequired ,dto iundergo a ºminimum eperiod denied.of parole of five years.

r i = r t e w d m a n o B.

Unless the board finds that it is in the best d m :

b e d s º o t n = .229815.2AIC March 1, 2025 (7:16pm) s k m e - 3 - e a n e d r e l u [ A d interest of society and the parolee to reduce the period of parole, a person who was sentenced to life imprisonment shall be required to undergo a minimum period of parole of five years.

An inmate who was convicted of a fourth degree felony and who has served the h sentence of imprisonment imposed by the court in an institution u » r designated by the corrections department shall be required to t h g e l i undergo a one-year period of parole.

During the period of h r i s parole, the person shall be under the guidance andSB supervision17 hPage ,3 eand hsupervision of the board.

t u g e b l e e , gh E.

Every person while on parole shall remain in the n d d i = = o h legal custody of the institution from which the person was l ] b ,d i a º r released, but shall be subject to the orders of the board.

The eboard rshall =furnish tto eeach winmate das ma prerequisite to release under its supervision a nwritten ostatement boardof the conditions of parole that shall furnishbe accepted and agreed to eachby the inmate as evidenced by the inmate's signature affixed to a prerequisiteduplicate copy to releasebe dretained min :the files of the board.

b r e t º o t n = .229815.2AIC March 1, 2025 (7:16pm) s k m e - 4 - e a n e d r e l u [ A d under its supervision a written statement of the conditions of parole that shall be accepted and agreed to by the inmate as evidenced by the inmate's signature affixed to a duplicate copy to be retained in the files of the board.

If an inmate refuses to affix the inmate's signature to the written statement of the conditions of parole or does not have an approved parole plan, the inmate shall not be released and shall remain in the custody of the institution in which the inmate has served the inmate's sentence, excepting parole, until such time as the period of parole the inmate was required to serve, less meritorious deductions, if any, expires, at which time the inmate shall be released from that institution without parole, or until such time that the inmate evidences acceptance and agreement to the conditions of parole as required or receives approval for the h inmate's parole plan or both.

Time served from the date that u » r an inmate refuses to accept and agree to the conditions of t h g e l i parole or fails to receive approval for the inmate'sSB parole17 hPage r4 iinmate's sparole plan shall reduce the period, if any, to be served under parole h , e h at a later date.

If the district court has ordered that the t u g e b l e e , gh inmate make restitution to a victim as provided in Section n d d i = = o h 31-17-1 NMSA 1978, the board shall include restitution as a l ] b ,d i a º r condition of parole.

The board shall also personally apprise e r = t e w d m a n o the inmate of the conditions of parole and the inmate's duties drelating mto :those conditions of parole.

b r e t º o t n = .229815.2AIC March 1, 2025 (7:16pm) s k m e - 5 - e a n e d r e l u [ A d relating to those conditions of parole.

(1) to pay the actual costs of parole services to the adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, h based upon the financial circumstances of the inmate.