SB 43 — PAROLE REQUIREMENT CHANGES

SENATE BILL 43 57TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2026 INTRODUCED BY Leo Jaramillo and Nicole Chavez and Andrea Romero and Crystal Brantley 7 9 AN ACT RELATING TO PAROLE;

e8 t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

w l n d 18 SECTION 1.

Section 31-21-10 NMSA 1978 (being Laws 1980, = = 19 a l Chapter 28, Section 1, as amended) is amended to read:

i a e r 20 "31-21-10.

PAROLE AUTHORITY AND PROCEDURE.-- a t m m 21 A.

Except as provided in Section 31-21-10.2 NMSA d r e 22 1978, an inmate of an institution who was sentenced to life c e s k 23 imprisonment becomes eligible for a parole hearing after the e a n b 24 inmate has served thirty years of the sentence, which shall be u [ construed as the retributive portion of the life sentence.

.232405.2 Upon reaching eligibility, parole consideration for release shall focus on:

and SB 43 Page 1 (3) whether the inmate has demonstrated maturity, rehabilitation and a fitness to reenter society.

5 (1) interview the inmate at the institution where the inmate is committed;

(2) hear from the family or representative of the victim, if the family or representative chooses to e t 17 participate;

w l n d 18 [(2)] (3) consider all pertinent information = = 19 a l concerning the inmate, including:

i a e r 20 (a) the circumstances of the offense, a t m m 21 including mitigating and aggravating circumstances;

d(b) rwhether ea 22deadly [(b)weapon mitigatingwas andused aggravatingin cthe ecommission sof kthe 23offense; circumstances;

e(c) a n b 24 (c)] (b) whether a deadly weapon was u [ used in the commissioninmate's ofrelevant thecriminal offense;history;

.232405.2(d) - 2 - [(d) whether the inmatereports isfiled apursuant habitualto offender;]Section (c)31-21-9 theNMSA inmate's1978; relevant criminal history;

[(e)]and (d)(e) the reports filedof [under]such pursuantphysical toand Sectionmental 31-21-9examinations NMSAas 1978;have been made while the inmate was in an institution;

and(4) [(f)]make (e)a thefinding reportsthat ofa suchparole physicalis andin mentalthe examinationsbest asinterest haveof beensociety madeand while the inmateinmate; was in an institution;

[(3)]and (4)(5) make a finding that athe paroleinmate is inable theSB best43 interestPage of2 society and willing to fulfill the inmate;obligations of a law-abiding citizen.

and [(4)] (5) make a finding that the inmate is able and willing to fulfill the obligations of a law-abiding citizen.

If parole is denied, the inmate sentenced to life imprisonment shall again become entitled to a parole e5 t 17 hearing at two-year intervals.

The board may, on its own w l n d 18 motion, reopen any case in which a hearing has already been = = 19 a l granted and parole denied.

i a e r 20 [B.] D.

Unless the board finds that it is in the a t m m 21 best interest of society and the parolee to reduce the period d r e 22 of parole, a person who was sentenced to life imprisonment c e s k 23 shall be required to undergo a minimum period of parole of five e a n b 24 years.

During the period of parole, the person shall be under u [ the guidance and supervision of the board.

.232405.2 - 3 - [C.] E.

[D.] F.

An inmate who was convicted of a fourth degree felony and who has served the sentence of imprisonment imposed by the court in SB 43 Page 3 an institution designated by the corrections department shall be required to undergo a one-year period of parole.

e5 t 17 [E.] G.

Every person while on parole shall remain w l n d 18 in the legal custody of the institution from which the person = = 19 a l was released, but shall be subject to the orders of the board.

i a e r 20 The board shall furnish to each inmate as a prerequisite to a t m m 21 release under its supervision a written statement of the d r e 22 conditions of parole that shall be accepted and agreed to by c e s k 23 the inmate as evidenced by the inmate's signature affixed to a e a n b 24 duplicate copy to be retained in the files of the board.

The u [ board shall also require as a prerequisite to release the .232405.2 - 4 - submission and approval of a parole plan.

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 SB 43 Page 4 for the inmate's parole plan or both.

Time served from the date that an inmate refuses to accept and agree to the conditions of parole or fails to receive approval for the inmate's parole plan shall reduce the period, if any, to be 5 served under parole at a later date.

If the district court has e t 17 ordered that the inmate make restitution to a victim as w l n d 18 provided in Section 31-17-1 NMSA 1978, the board shall include = = 19 a l restitution as a condition of parole.

The board shall also i a e r 20 personally apprise the inmate of the conditions of parole and a t m m 21 the inmate's duties relating to those conditions of parole.

d r e 22 [F.] H.

When a person on parole has performed the c e s k 23 obligations of the person's release for the period of parole e a n b 24 provided in this section, the board shall make a final order of u [ discharge and issue the person a certificate of discharge.

.232405.2 - 5 - [G.] I.

SHORT TITLE.--Sections [1 through 5 of this act] 31-21-22 through 31-21-26 NMSA 1978 may be cited as the "Parole Board Act"." SECTION 3.