HB 564 — PROBATION & PAROLE PROCEDURES

"absconding" means that a person under supervision deliberately makes the person's whereabouts unknown to the person's probation or parole officer or fails to report for the purposes of avoiding supervision, and reasonable efforts by the probation and parole officer to locate the person have been unsuccessful;

[F.] B.

(1) is under sentence to or confined in a h prison or other correctional institution under the control of g o t hr the corrections department;

g e i k (2) is sixty-five years of age or older;

h r i s (3) suffers from a chronic infirmity, illness h , t, or disease related to aging;

and e u g e b l e e h (4) does not constitute a danger to the n d d i = = o h person's own self or to society;

l ] b ,d i a º e F.

"institution" means the state penitentiary and r i = r t e w d m a n o any other similar state institution;

dG. m :

b e d s º o t n = .211435.5GLG s k m e - 6 - e a n e d r e l u [ A d G.

"permanently incapacitated inmate" means a HB 564/a Page 5 person who:

h J.

"probation" means the procedure under which an g o t hr adult defendant, found guilty of a crime upon verdict or plea, g e i k is released by the court without imprisonment under a suspended h r i s or deferred sentence and subject to conditions;

h , t, K.

"technical violation" means a violation of the e u g e b l e e h conditions of probation or parole supervision other than arrest n d d i = = o h for a new felony or misdemeanor offense or absconding;

and l ] b ,d i a º e L.

r i = r t e w d m a n o (1) is under sentence or confined in a prison dor mother :correctional institution under the control of the corrections department;

b e d s º o t n = .211435.5GLG s k m e - 7 - e a n e d r e l u [ A d or other correctional institution under the control of the corrections department;

and (3) does not constitute a danger to the HB 564/a Page 6 person's own self or to society." SECTION 4.

PRESENTENCE [AND PRERELEASE ] INVESTIGATIONS.-- A.

Upon the order of any [district or magistrate ] court, the director shall prepare a presentence report [which ] that shall include [suchthe state personal identification number, victim impact information, record of prior convictions and the results of any validated risk and needs assessments that may have been administered, and such other information as the court may request.

UponAll thelocal orderand ofstate anylaw districtenforcement court,agencies theshall directorfurnish shallto preparethe adirector prereleaseany reportrequested whichcriminal therecords." court.SECTION 5.

shall use to determine the accused's qualifications for bail.

h The report shall include available information about the g o t hr accused's family ties, employment, financial resources, g e i k character, physical and mental condition, the length of his h r i s residence in the community, his record of convictions, his h , t, record of appearance at court proceedings or of flight to avoid e u g e b l e e h prosecution or failure to appear at court proceedings and any n d d i = = o h history of drug or alcohol abuse] the state personal l ] b ,d i a º e identification number, victim impact information, record of r i = r t e w d m a n o prior convictions and the results of any validated risk and d m :

b e d s º o t n = .211435.5GLG s k m e - 8 - e a n e d r e l u [ A d needs assessments that may have been administered, and such other information as the court may request.

[C.] B.

All local and state law enforcement agencies shall furnish to the director any requested criminal records." HJCºSECTION 5.

(2) consider all pertinent information h g concerning the inmate,inmate; including:

oHB t564/a hrPage (a)7 (3) make a finding that a parole is in the circumstancesbest interest of society and the offense;inmate;

g e i k (b) mitigating and aggravating h r i s h circumstances;

, t, e u g (c) whether a deadly weapon was used in e b l e e h the commission of the offense;

n d d i = = o h l ] b ,d (d) whether the inmate is a habitual i a º e r i = r offender;

t e w d m a n o (e) the reports filed under Section d m :

b e d s º o t n = .211435.5GLG s k m e - 9 - e a n e d r e l u [ A d 31-21-9 NMSA 1978;

and (f) the reports of such physical and mental examinations as have been made while in an institution;

(3) make a finding that a parole is in the best interest of society and the inmate;

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

The board may, on its own motion, reopen any case in which a hearing has already been granted and parole denied.

UnlessAfter a hearing, the board findsshall thatenter itspecific isfindings in thesupport best interest of societyits decision and thedeliver parolee to reduce the periodfindings ofin parole,writing a person who was sentenced to lifethe imprisonmentinmate. shall be required to undergo a minimum period of parole of five h years.

DuringC. the period of parole, the person shall be under u » r t h the guidance and supervision of the board.

g e l i C.

An inmate of an institution who was sentenced to h r i s life imprisonment without possibility of release or parole is h , e h t u g not eligible for parole and shall remain incarcerated for the e b l e e , gh entirety of the inmate's natural life.

n d d i = = o h l ] b ,d D.

Except for certain sex offenders as provided in i a º r e r = Section 31-21-10.1 NMSA 1978, an inmate who was convicted of a t e w d m a n o d m :

b r e t º o t n = .211435.5GLG s k m e - 10 - e a n e d r e l u [ A d first, second or third degree felony and who has served the sentence of imprisonment imposed by the court in an institution designated by the corrections department shall be required to undergo a two-year period of parole.

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

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

E.

Every person while on parole shall remain in the legal custody of the institution from which the person was released, but shall be subject to the orders of the board.

The board shall consult a validated risk and needs assessment, if provided by the corrections department, when deciding what conditions of parole to impose.

The board shall furnish to h each inmate as a prerequisite to release under its supervision u » r t h a written statement of the conditions of parole that shall be g e l i accepted and agreed to by the inmate as evidenced by the h r i s inmate's signature affixed to a duplicate copy to be retained h , e h t u g in the files of the board.

The board shall also require as a e b l e e , gh prerequisite to release the submission and approval of a parole n d d i = = o h l ] b ,d plan.

If an inmate refuses to affix the inmate's signature to i a º r e r = the written statement of the conditions of parole or does not t e w d m a n o d m :

b r e t º o t n = .211435.5GLG s k m e - 11 - e a n e d r e l u [ A d 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 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 served under parole at a later date.

If the district court has ordered that the inmate make restitution to a victim as provided in Section 31-17-1 NMSA 1978, the board shall include restitution as a condition of parole.

The board h shall also personally apprise the inmate of the conditions of u » r t h parole and the inmate's duties relating thereto.

g e l i F.

When a person on parole has performed the h r i s obligations of the person's release for the period of parole h , e h t u g provided in this section, the board shall make a final order of e b l e e , gh discharge and issue the person a certificate of discharge.

n d d i = = o h l ] b ,d G.

Pursuant to the provisions of Section 31-18-15 i a º r e r = NMSA 1978, the board shall require the inmate as a condition of t e w d m a n o d m :

b r e t º o t n = .211435.5GLG s k m e - 12 - e a n e d r e l u [ A d 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, based upon the financial circumstances of the defendant.

The defendant's payment of the supervised parole costs shall not be waived unless the board holds an evidentiary hearing and finds that the defendant is unable to pay the costs.

If the board waives the defendant's payment of the supervised parole costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate h district supervisor of the adult probation and parole division u » r t h shall advise the board and the board shall hold an evidentiary g e l i hearing to determine whether the waiver should be rescinded;

h r i s and h , e h t u g (2) to reimburse a law enforcement agency or e b l e e , gh local crime stopper program for the amount of any reward paid n d d i = = o h l ] b ,d by the agency or program for information leading to the i a º r e r = inmate's arrest, prosecution or conviction.

t e w d m a n o d m :

b r e t º o t n = .211435.5GLG s k m e - 13 - e a n e d r e l u [ A d H.

The provisions of this section shall apply to all inmates except geriatric, permanently incapacitated and terminally ill inmates eligible for the medical and geriatric parole program as provided by the Parole Board Act."»HJC SJCºHJCºSECTION 5.

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

"31-21-10.

PAROLE AUTHORITY AND PROCEDURE.-- A.

An inmate of an institution who was sentenced to life imprisonment [becomes eligible for a parole hearing] shall be paroled after the inmate has served thirty years of the sentence [Before ordering the parole of an inmate sentenced to life imprisonment] unless the board makes a finding that the inmate is unable or unwilling to fulfill the obligations of a law-abiding citizen.

The board shall enter specific findings in support of its decision after:

h g (1) [interview] interviewing the inmate at the o t hr institution where the inmate is committed;

and g e i k (2) [consider] considering all pertinent h r i s h information concerning the inmate, including , t, e u g [(a) the circumstances of the offense;

e b l e e h (b) mitigating and aggravating n d d i = = o h l ] b ,d circumstances;

i a º e r i = r (c) whether a deadly weapon was used in t e w d m a n o d m :

b e d s º o t n = .211435.5GLG s k m e - 14 - e a n e d r e l u [ A d the commission of the offense;

(d) whether the inmate is a habitual offender;

(e) the reports filed under Section 31- 21-9 NMSA 1978;

and (f) the] reports of [such physical and] mental examinations [as have been] of the inmate made while the inmate was held in an institution [(3) make a finding that a parole is in the best interest of society and the inmate;

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

B.

The board may consider the offense for which the inmate was convicted but shall not deny parole to an inmate who was sentenced to life imprisonment based solely on the offense h for which the inmate was convicted.

u » r t h C.

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

The board may, on its own h , e h t u g motion, reopen any case in which a hearing has already been e b l e e , gh granted and parole denied.

n d d i = = o h l ] b ,d [B.] D.

Unless the board finds that it is in the i a º r e r = best interest of society and the parolee to reduce the period t e w d m a n o d m :

b r e t º o t n = .211435.5GLG s k m e - 15 - e a n e d r e l u [ A d of parole, a person who was sentenced to life imprisonment shall be required to undergo a minimum period of parole of five years.

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

[C.] E.

Only an inmate of an institution who was sentenced to life imprisonment without possibility of release or parole is [not eligible] ineligible for parole and shall remain incarcerated for the entirety of the inmate's natural life.

[D.] F.

Except for certain sex offenders as provided in Section 31-21-10.1 NMSA 1978, an inmate who was convicted of a first, second or third degree felony and who has served the sentence of imprisonment imposed by the court in an institution designated by the corrections department that exceeds one year or has agreed to and been ordered to serve a period of parole by the court shall be required to undergo a h two-year period of parole.

An inmate who was convicted of a u » r t h fourth degree felony and who has served [the] a sentence of g e l i imprisonment imposed by the court in an institution designated h r i s by the corrections department that exceeds one year or has h , e h t u g agreed to and been ordered to serve a period of parole by the e b l e e , gh court shall be required to undergo a one-year period of parole.

n d d i = = o h l ] b ,d During the period of parole, the person shall be under the i a º r e r = guidance and supervision of the board.

t e w d m a n o d m :

b r e t º o t n = .211435.5GLG s k m e - 16 - e a n e d r e l u [ A d [E.] G.

Every person while on parole shall remain in the legal custody of the institution from which the person was released, but shall be subject to the orders of the board.

The board shall consult a validated risk and needs assessment, if provided by the corrections department, when deciding what conditions of parole to impose.

The board shall furnish to each inmate as a prerequisite to release 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.

The board shall also require as a prerequisite to release the 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 h inmate has served the inmate's sentence, excepting parole, u » r t h until such time as the period of parole the inmate was required g e l i to serve, less meritorious deductions, if any, expires, at h r i s which time the inmate shall be released from that institution h , e h t u g without parole, or until such time that the inmate evidences e b l e e , gh acceptance and agreement to the conditions of parole as n d d i = = o h l ] b ,d required or receives approval for the inmate's parole plan or i a º r e r = both.

Time served from the date that an inmate refuses to t e w d m a n o d m :

b r e t º o t n = .211435.5GLG s k m e - 17 - e a n e d r e l u [ A d 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 served under parole at a later date.

If the district court has ordered that the inmate make restitution to a victim as provided in Section 31-17-1 NMSA 1978, the board shall include restitution as a condition of parole.

The board shall also [personally] apprise the inmate in person of the conditions of parole and the inmate's duties relating thereto.

[F.] H.

When a person on parole has performed the obligations of the person's release for the period of parole provided in this section, the board shall make a final order of discharge and issue the person a certificate of discharge.

[G.] I.

Pursuant to the provisions of Section 31-18-15 NMSA 1978, the board shall require the inmate as a condition of parole:

(1) to pay the actual costs of parole services h to the adult probation and parole division of the corrections u » r t h department for deposit to the corrections department intensive g e l i supervision fund not exceeding one thousand eight hundred h r i s dollars ($1,800) annually to be paid in monthly installments of h , e h t u g not less than twenty-five dollars ($25.00) and not more than e b l e e , gh one hundred fifty dollars ($150), as set by the appropriate n d d i = = o h l ] b ,d district supervisor of the adult probation and parole division, i a º r e r = based upon the financial circumstances of the defendant.

The t e w d m a n o d m :

b r e t º o t n = .211435.5GLG s k m e - 18 - e a n e d r e l u [ A d defendant's payment of the supervised parole costs shall not be waived unless the board holds an evidentiary hearing and finds that the defendant is unable to pay the costs.

If the board waives the defendant's payment of the supervised parole costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the board and the board shall hold an evidentiary hearing to determine whether the waiver should be rescinded;

and (2) to reimburse a law enforcement agency or local crime stopper program for the amount of any reward paid by the agency or program for information leading to the inmate's arrest, prosecution or conviction.

[H.] J.

The provisions of this section shall apply to all inmates except geriatric, permanently incapacitated and h terminally ill inmates eligible for the medical and geriatric u » r t h parole program [as provided by the Parole Board Act]."»HJC»SJC g e l i SJCºSECTION 5.

Section 31-21-10 NMSA 1978 (being Laws h r i s 1980, Chapter 28, Section 1, as amended) is amended to read:

h , e h t u g "31-21-10.

PAROLE AUTHORITY AND PROCEDURE.-- e b l e e , gh A.

An inmate of an institution who was sentenced to n d d i = = o h l ] b ,d life imprisonment becomes eligible for a parole hearing after i a º r e r = the inmate has served thirty years of the sentence.

Before t e w d m a n o d m :

b r e t º o t n = .211435.5GLG s k m e - 19 - e a n e d r e l u [ A d ordering the parole of an inmate sentenced to life imprisonment, the board shall:

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

(2) consider all pertinent information concerning the inmate [including:

(a) the circumstances of the offense;

(b) mitigating and aggravating circumstances;

(c) whether a deadly weapon was used in the commission of the offense;

(d) whether the inmate is a habitual offender;

(e) the reports filed under Section 31-21-9 NMSA 1978;

and (f) the reports of such physical and h g mental examinations as have been made while in an institution];

o t hr (3) make a finding that a parole is in the g e i k best interest of society and the inmate;

and h r i s h (4) make a finding that the inmate is able and , t, e u g willing to fulfill the obligations of a law-abiding citizen.

e b l e e h B.

After a hearing, the board shall enter specific n d d i = = o h l ] b ,d findings in support of its decision and deliver the findings in i a º e r i = r writing to the inmate.

t e w d m a n o d m :

b e d s º o t n = .211435.5GLG s k m e - 20 - e a n e d r e l u [ A d C.

[B.] D.

[C.] E.

Only an inmate of an institution who was sentenced to life imprisonment without possibility of release or parole is [not eligible] ineligible for parole and shall remain incarcerated for the entirety of the inmate's natural life.

h [D.] F.

Except for certain sex offenders as u » r t h provided in Section 31-21-10.1 NMSA 1978, an inmate who was gconvicted eof lHB i564/a convictedPage of8 a first, second or third degree felony and who has h r i s served the sentence of imprisonment imposed by the court in an h , e h t u g institution designated by the corrections department that e b l e e , gh exceeds one year or has agreed and been ordered to serve a n d d i = = o h l ] b ,d period of parole by the court shall be required to undergo a i a º r e r = two-year period of parole.

An inmate who was convicted of a tfourth edegree wfelony dand mwho has served a nsentence oof dimprisonment mimposed :by the court in an institution designated by the corrections department that exceeds one year or has agreed and been ordered to serve a period of parole by the court shall be required to undergo a one-year period of parole.

b r e t º o t n = .211435.5GLG s k m e - 21 - e a n e d r e l u [ A d fourth degree felony and who has served [the] a sentence of imprisonment imposed by the court in an institution designated by the corrections department that exceeds one year or has agreed and been ordered to serve a period of parole by the court shall be required to undergo a one-year period of parole.

[E.] G.

The board shall furnish to each inmate as a prerequisite to release 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 h inmate's signature affixed to a duplicate copy to be retained u » r t h in the files of the board.

The board shall also require as a g e l i prerequisite to release the HB 564/a Page 9 submission and approval of a parole h r i s plan.

If an inmate refuses to affix the inmate's signature to h , e h t u g the written statement of the conditions of parole or does not e b l e e , gh have an approved parole plan, the inmate shall not be released nand dshall dremain iin =the =custody oof hthe linstitution ]in bwhich ,dthe andinmate shallhas remainserved inthe inmate's sentence, excepting parole, until such time as the custodyperiod of parole the institutioninmate inwas required to serve, less meritorious deductions, if any, expires, at which time the iinmate ashall ºbe rreleased efrom rthat =institution without parole, or until such time that the inmate hasevidences servedacceptance and agreement to the inmate'sconditions sentence,of exceptingparole parole,as trequired eor wreceives dapproval mfor athe ninmate's oparole dplan mor :both.

b r e t º o t n = .211435.5GLG s k m e - 22 - e a n e d r e l u [ A d 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 inmate's parole plan or both.

The board shall also [personally] apprise the inmate in person of the conditions of parole and the inmate's duties relating thereto.

[F.] H.

When a person on parole has performed the h obligations of the person's release for the period of parole u » r t h provided in this section, the board shall make a final order ofHB g564/a ePage l10 iof discharge and issue the person a certificate of discharge.

h r i s [G.] I.

Pursuant to the provisions of Section h , e h t u g 31-18-15 NMSA 1978, the board shall require the inmate as a e b l e e , gh condition of parole:

n(1) dto dpay ithe =actual =costs oof hparole lservices ]to bthe ,dadult (1)probation toand payparole division of the actualcorrections costsdepartment offor paroledeposit servicesto ithe acorrections ºdepartment rintensive esupervision rfund =not exceeding one thousand eight hundred dollars ($1,800) annually to thebe adultpaid probationin monthly installments of not less than twenty-five dollars ($25.00) and parolenot divisionmore than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the correctionsadult tprobation eand wparole ddivision, mbased aupon nthe ofinancial dcircumstances mof :the defendant.

b r e t º o t n = .211435.5GLG s k m e - 23 - e a n e d r e l u [ A d 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, based upon the financial circumstances of the defendant.

h and u » r t h (2) to reimburse a law enforcement agency or gHB e564/a lPage i11 local crime stopper program for the amount of any reward paid h r i s by the agency or program for information leading to the h , e h t u g inmate's arrest, prosecution or conviction.

e b l e e , gh [H.] J.

The provisions of this section shall apply n d d i = = o h l ] b ,d to all inmates except geriatric, permanently incapacitated and i a º r e r = terminally ill inmates eligible for the medical and geriatric tparole eprogram." wSECTION d6. m a n o d m :

b r e t º o t n = .211435.5GLG s k m e - 24 - e a n e d r e l u [ A d parole program [as provided by the Parole Board Act]."»SJC SECTION 6.

"Intensive supervision programs" [include ] includes house arrest programs or electronic surveillance programs or both.

The corrections department shall implement and h operate intensive supervision programs in various local g o t hr communities.

The programs shall provide services for g e i k appropriate individuals by probation and parole officers of theHB h564/a rPage i12 sthe corrections department.

The corrections department shall h , t, promulgate rules [and regulations ] to provide that the officers e u g e b l e e h providing these services have [a maximum case load of forty n d d i = = o h offenders] the training, resources and case loads that enable l ] b ,d i a º e them to operate effectively and to provide for offender r i = r t e w d m a n o selection and other criteria.

The corrections department may dcooperate mwith :all recognized law enforcement authorities and share all necessary and pertinent information, records or documents regarding probationers or parolees in order to implement and operate these intensive supervision programs.

b e d s º o t n = .211435.5GLG s k m e - 25 - e a n e d r e l u [ A d cooperate with all recognized law enforcement authorities and share all necessary and pertinent information, records or documents regarding probationers or parolees in order to implement and operate these intensive supervision programs.

For purposes of this section, a judge contemplating imposition of an intensive supervision program for an individual shall consult with the adult probation and parole division of the corrections department and [consider the recommendations before imposing such probation] review the results of the validated risk and needs assessment.

[AA judge has discretion to impose an intensive supervision program for an individual, regardless of recommendations made by the adult probation and h parole division.]division, SJCºA judge has discretion to impose an u » r intensive supervision program for an individual, regardless of t h g e l i recommendations made by the adult probation and parole h r i s division»SJC SJCº, only if a validated risk and needs h , e h assessment has been provided to the judge and considered in the t u g e b l e e , gh decision to impose an intensive supervision program.»SJCprogram. n d d i = = o h Inmates SJCºwho are assessed as high risk on a validated risk l ] b ,d i a º r and needs assessment and who are»SJC eligible for parole or e r = t e w d m a n o SJCºare»SJC within twelve months of eligibility for parole, or d m :

bInmates religible efor tparole ºor owithin tHB n564/a =Page .211435.5GLG13 stwelve kmonths mof eeligibility -for 26parole, -or e a n e d r e l u [ A d inmates who would otherwise remain in a correctional institution for lack of a parole plan or those parolees whose parole the board would otherwise revoke, are eligible for intensive supervision programs.

The h corrections department is specifically authorized to hire g o t hr additional permanent or term [full-time equivalent ] full-time- g e i k equivalent positions for the purpose of implementing the h r i s provisions of this section." h , t, SECTION 7.

Section 31-21-14 NMSA 1978 (being Laws 1955, e u g e b l e e h Chapter 232, Section 17, as amended) is amended to read:

n d d i = = o h "31-21-14.

[RETURN OF ] PAROLE [VIOLATOR] VIOLATIONS.-- l ] b ,d i a º e A.

rHB i564/a =Page r14 t(1) ethe wboard dor mthe adirector nmay oissue (1)a warrant for the boardarrest orof the directorparolee mayto issueanswer a dcharge mof :a non-technical violation.

bThe ewarrant dshall sauthorize ºthe owarden tof nthe =institution .211435.5GLGfrom swhich kthe mparolee ewas -released 27to -return ethe aparolee nto ethe dphysical rcustody eof lthe uinstitution [or Ato dany warrantother fordetention thefacility arrestdesignated ofby the [releasedboard prisoneror for]the paroleedirector. to answer a charge of a non-technical violation.

[ofIf anythe ofparolee theis conditionsout of releasethe orstate, issuethe awarrant noticeshall toauthorize appearthe warden to answerreturn athe chargeparolee ofto violation.the state;

Theor notice(2) shall be served personally upon the prisoner]director Themay warrantarrest shall authorize the [superintendentparolee ]without wardena ofwarrant theor institutionmay fromdeputize whichan theofficer [prisoner]with paroleepower wasof releasedarrest to returndo theso [prisoner]by paroleegiving to the [actual]officer physicala custodywritten ofstatement that the institutionparolee orhas, toin anythe otherjudgment [suitableof ] detention facility designated by the boarddirector, orcommitted thea director.non-technical violation.

IfWhere thean [prisonerarrest ] parolee is outmade ofwithout thea state,warrant, the warrantparolee shall authorizenot thebe [superintendentreturned ]to wardenthe toinstitution returnunless [him]authorized by the paroleedirector toor the state;board.

orB. [B.] (2) the director may arrest the [prisoner] parolee without a warrant or may deputize [any] an officer with power of arrest to do so by giving [him] the officer a written statement [setting forth] that the [prisoner] h parolee has, in the judgment of the director, [violated the g o t hr conditions of his release] committed a non-technical violation.

gPending ehearing ias kprovided Whereby anlaw arrestupon isa madecharge withoutof anon-technical warrant,violation, the [prisoner] h r i s parolee shall notremain beincarcerated returnedin to the institutioninstitution. unless h , t, authorized by the director or the board.

eC. u g e b l e e h B.

PendingUpon hearingarrest asand provideddetention byfor law upon [any] a nnon-technical dviolation, dthe iboard =shall =cause othe hparolee chargeto ofbe non-technicalpromptly violation,brought thebefore [prisoner]it paroleefor shalla lparole ]revocation bhearing ,don ithe anon- ºtechnical eviolation remaincharged, incarceratedunder inrules the institution.board may adopt.

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

Upon arrest and detention for a non-technical d m :

b e d s º o t n = .211435.5GLG s k m e - 28 - e a n e d r e l u [ A d violation, the board shall cause the [prisoner] parolee to be promptly brought before it for a parole revocation hearing on the [parole ] non-technical violation charged, under rules [and regulations] the board may adopt.

If the non-technical violation is established, the board may continue or revoke the parole, impose detention HB 564/a Page 15 for a fixed term up to ninety days, which shall be counted as time served under the sentence, or enter any other order as it sees fit.

[D.] E.

A [prisoner] parolee for whose return a warrant has been issued shall, if it is found that the warrant cannot be served, be a fugitive from justice.

If it appears that [he] the parolee has [violated the provisions of his release ] committed a non-non-technical technical violation, the board shall determine whether the time from the date of the violation to the date of [his ] the h parolee's arrest, or any part of it, shall be counted as time g o t hr served under the sentence.

g e i k G.

At any time during release on parole, the board h r i s or the director may issue a notice to appear to answer a charge h , t, of a technical violation.

The notice shall be served e u g e b l e e h personally upon the parolee and shall initiate a technical n d d i = = o h violation process in accordance with Section 11 of this 2019 l ] b ,d i a º e act." r i = r t e w d m a n o SECTION 8.

Section 31-21-15 NMSA 1978 (being Laws 1963, dChapter m301, :Section 13, as amended by Laws 2016, Chapter 27, Section 1 and by Laws 2016, Chapter 31, Section 1) is amended to read:

b e d s º o t n = .211435.5GLG s k m e - 29 - e a n e d r e l u [ A d Chapter 301, Section 13, as amended by Laws 2016, Chapter 27, Section 1 and by Laws 2016, Chapter 31, Section 1) is amended to read:

[RETURN OF ] PROBATION [VIOLATOR] VIOLATIONS.-- A.

(1) the court may issue a warrant for the arrest of a probationer for a non-technical violationviolation. [of any of the conditions of release].

The HB 564/a Page 16 warrant shall authorize the return of the probationer to the physical custody of the court or to any [suitable ] other detention facility designated by the court;

or [(2)(2) the courtdirector may issuearrest a noticeprobationer towithout appeara warrant or may deputize an officer with power of arrest to answerdo so by giving the officer a chargewritten statement that the probationer has, in the judgment of the director, committed a non-technical violation.

The noticewritten shallstatement, bedelivered personallywith servedthe uponprobationer by the probationer;arresting officer to the official in charge of a county jail or other place of detention, is sufficient warrant for the detention of the probationer.

orB. [(3)] (2) the director may arrest a probationer without a warrant or may deputize [any] an officer h with power of arrest to do so by giving the officer a written g o t hr statement [setting forth ] that the probationer has, in the g e i k judgment of the director, [violated the conditions of the h r i s probationer's release] committed a non-technical violation.

hUpon , t, The written statement, delivered with the probationerprobationer's byarrest theand edetention u g e b l e e h arresting officer to the official in charge of a county jail or n d d i = = o h other place of detention, is sufficient warrant for the l ] b ,d i a ºnon-technical eviolation: detention of the probationer.

r(1) ithe =director rshall timmediately enotify wthe dcourt mand submit in writing a nreport odescribing B.the manner in which the probationer has violated the conditions of release;

Uponand (2) the probationer'scourt arrestshall andhold detentiona forprobation drevocation mhearing :on the non-technical violation charged.

b e d s º o t n = .211435.5GLG s k m e - 30 - e a n e d r e l u [ A d a non-technical violation:

(1) the director shall immediately notify the court and submit in writing a report [showing in what] describing the manner in which the probationer has violated the conditions of release;

and [B.

The court shall then hold a hearing, which may be informal, on the violation charged.] (2) the court shall hold a probation revocation hearing on the non-technical violation charged.

If the non-technical violation is established at the probation revocation hearinghearing, SJCº:the court may continue or revoke the probation, impose detention for a fixed term up to ninety days, which shall be counted as time served under the sentence, or enter any other order as it sees fit.

,»SJCHB SJCº(1)564/a thePage sanction17 forD. the non-technical violation shall be commensurate with the seriousness of the violation and not a punishment for the offense for which the probationer was placed on probation;

and»SJCAt SJCº(2)»SJCany thetime courtduring mayprobation, continue or revoke h the probation,court imposemay detentionissue for a fixednotice termto upappear to ninetyanswer ga ocharge tof hrtechnical days,violation. which shall be counted as time served under the sentence, g e i k or enter any other order as it sees fit.

hThe rnotice ishall sbe D.personally served upon the probationer and shall initiate a technical violation hearing.

AtE. any time during probation, the court may h , t, e u g issue a notice to appear to answer a charge of technical e b l e e h violation.

TheIf noticethe shalltechnical beviolation personallyis servedestablished uponbefore the ncourt dat da itechnical =violation =hearing, othe hsanction probationerfor andthe shall initiate a technical violation lshall ]be bcommensurate ,dwith ithe aseriousness ºof ethe rviolation iand =not ra SJCºprocesspunishment infor accordancethe withoffense Sectionfor 11which ofthe thisprobationer 2019was actplaced ton eprobation, wand dthe mcourt amay: n o hearing»SJC.

d m :

b e d s º o t n = .211435.5GLG s k m e - 31 - e a n e d r e l u [ A d E.

If the technical violation is established before the court at a technical violation hearing, SJCºthe sanction for the technical violation shall be commensurate with the seriousness of the violation and not a punishment for the offense for which the probationer was placed on probation, and»SJC the court may:

[or] (2) revoke the probation and either:

or (3) if imposition of sentence was deferred, [the court may ] impose any sentence that might originally have been imposed, but credit shall be given for time served on h probation.

g o t hr [C.] F.

If it is found that a warrant for the g e i k return of a probationer cannot be served, the probationer is a h r i s fugitive from justice.

h , t, e u g G.

After the hearinghearing, [upon return], if it appears ethat bthe lHB e564/a ePage h18 that the probationer has violated the provisions of the n d d i = = o h probationer's release, the court shall determine whether the l ] b ,d i a º e time from the date of violation to the date of the r i = r t e w d m a n o probationer's arrest, or any part of it, shall be counted as dtime mserved :on probation.

b e d s º o t n = .211435.5GLG s k m e - 32 - e a n e d r e l u [ A d time served on probation.

For the purposes of this [subsection] section, "probationer" means a person convicted of a crime by a [district, metropolitan, magistrate or municipal ] court and released without imprisonment under a suspended or deferred sentence and subject to conditions.

[D.] I.

[ADMINISTRATION BY ] MEDICAL OR GERIATRIC hPAROLE--PROCEDURES-- PAROLE--PROCEDURES--DUTIESDUTIES OF THE DEPARTMENT--DUTIES OF THE g o t hr BOARD.-- g e i k A.

The corrections department shall promulgate h r i s rules and shall implement a "medical and geriatric parole h , t, program", including the form of an application for medical or e u g e b l e e h geriatric parole.

n d d i = = o h B.

The director shall identify geriatric, l ] b ,d i a º e permanently incapacitated and terminally ill inmates and rHB i564/a =Page r19 tauthorize ethe wrelease dof mthose ainmates nwho oare authorizeeligible thefor releasemedical ofor geriatric parole and notify those inmates whoof arethe eligibleopportunity to apply for dmedical mor :geriatric parole.

b e d s º o t n = .211435.5GLG s k m e - 33 - e a n e d r e l u [ A d medical or geriatric [or medical] parole [based on rules established by the board.

The department shall forward an application and documentation in support of parole eligibility to the board within thirty days of receipt of an application from an inmate.

The documentation shall include information concerning the inmate's age, medical history and prognosis, institutional behavior and adjustment and criminal history.

The inmate or inmate's representative may submit an application to the board] and notify those inmates of the opportunity to apply for medical or geriatric parole.

When the director recommends an inmate for medical or geriatric parole, the director shall submit a h statement to the board that the inmate's release is not u » r incompatible with the welfare of society.

t h g e l i C.

Inmates who have not served their minimum h r i s sentences may be considered eligible for parole under the h , e h medical and geriatric parole program.

Medical and geriatric t u g e b l e e , gh parole consideration shall be in addition to any other parole n d d i = = o h for which a geriatric, permanently incapacitated or terminally l ] b ,d i a º r ill inmate may be eligible.

e r = t e w d m a n o D.

When considering an inmate for medical or dgeriatric mparole, :the director may request that reasonable medical and mental health examinations be conducted.

b r e t º o t n = .211435.5GLG s k m e - 34 - e a n e d r e l u [ A d geriatric parole, the director may request that reasonable medical and mental health examinations be conducted.

HB 564/a Page 20 (2) severity of illness, disease or infirmities;

The parole term of the geriatric, permanently incapacitated or terminally ill inmate on medical or geriatric h parole shall be for the remainder of the inmate's sentence, g o t hr without diminution of sentence for good behavior.

g e i k G.

The board shall release an inmate on medical or h r i s geriatric parole upon recommendation from the director unless h , t, the parole board finds by clear and convincing evidence that e u g e b l e e h the inmate's release is incompatible with the welfare of n d d i = = o h society and states in writing its reason for the finding.

The l ] b ,d i a º e board may not deny medical or geriatric parole solely because r i = r t e w d m a n o of the inmate's criminal history." dSECTION m10. :

b e d s º o t n = .211435.5GLG s k m e - 35 - e a n e d r e l u [ A d SECTION 10.

"[NEW"INCENTIVES--SANCTIONS MATERIAL] INCENTIVES--SANCTIONS FOR TECHNICAL VIOLATIONS.-- A.

The corrections department shall create, maintain and fully implement an incentives and sanctions system to guide responses to negative and positive behavior HB 564/a Page 21 by probationers and parolees under supervision by the department.

h B.

To implement and continuously improve the u » r incentives and sanctions system, the corrections department t h g e l i shall:

h r i s (1) provide information and training on the h , e h system for probation and parole officers, supervisors and t u g e b l e e , gh members and staff of the board;

n d d i = = o h (2) offer information and training on the l ] b ,d i a º r system to judges, prosecution and defense attorneys, law e r = t e w d m a n o enforcement personnel, detention center personnel, contracted dservice mproviders :and other interested personnel;

b r e t º o t n = .211435.5GLG s k m e - 36 - e a n e d r e l u [ A d service providers and other interested personnel;

(4) ensure that the guidance and procedures established by the system consider community safety and the HB 564/a Page 22 needs of the victim and offender;

A probation or parole officer who reasonably believes that a probationer or parolee has committed one or more technical violations that require a sanction shall consult h the incentives and sanctions system to determine an appropriate g o t hr response.

Consistent with the system, the officer may impose a gnon-detention e i k non- detention sanction to gain the person's compliance with h r i s the conditions of probation or parole.

h , t, D.

Graduated sanctions for technical violations may e u g e b l e e h include three-day and seven-day detention in a county jail or n d d i = = o h other place of detention.

Sanctions served in detention shall l ] b ,d i a º e be counted as time served under the sentence.

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

The incentives and sanctions system shall apply dto mpersons :whose probation or parole commences subsequent to the effective date of this 2019 act and to all persons on probation or parole on the effective date of this 2019 act." SECTION 11.

b e d s º o t n = .211435.5GLG s k m e - 37 - e a n e d r e l u [ A dnew tosection personsof whose probation or parole commences subsequent to the effectiveProbation date of this 2019 act and toParole allHB persons564/a onPage probation23 orAct paroleis onenacted theto effectiveread: date of this 2019 act." SECTION 11.

A"TECHNICAL newVIOLATIONS.-- sectionA. of the Probation and Parole Act is enacted to read:

"[NEW MATERIAL ] TECHNICAL VIOLATIONS.-- A.

If the waiver is rejected, the probation or parole officer shall promptly report the alleged violation to h the court, board or hearing officer, as appropriate, and u » r proceed to formal resolution.

t h g e l i D.

The officer's written report of a technical h r i s violation shall include the officer's recommendation and h , e h justification as to final action or resolution of the t u g e b l e e , gh situation.

The officer's recommendation is not binding on the n d d i = = o h court." l ] b ,d i a º r SECTION 12.

REPEAL.--Section 31-21-25.1 NMSA 1978 (being e r = t e w d m a n o Laws 1994, Chapter 21, Section 3) is repealed.

dSECTION m13. :

bAPPLICABILITY.--The rprovisions eof tSection º5 oof tthis nact =apply .211435.5GLGto sa kperson mserving ea -term 38of -incarceration eon January 1, 2020 and to a nperson ewhose dterm rHB e564/a lPage u24 [of Aincarceration dcommences SJCºHJCºSECTIONon 13.or after January 1, 2020.

APPLICABILITY.--The provisions of Section 5 of this act apply to a person serving a term of incarceration on July 1, 2019 and to a person whose term of incarceration commences on or after July 1, 2019.

EFFECTIVE DATE.--The effective date of the provisions of this act is JulyJanuary 1, 2019.»HJC»SJC2020. SJCºSECTION 13.

APPLICABILITY.--TheHB provisions564/a ofPage Section25 5 of7 this9 act25 apply to a person serving a term of incarceration on January 1, 2020 and to a person whose term of incarceration commences on or after January 1, 2020.

SECTION 14.

EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2020.»SJC - 39 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .211435.5GLG s k m e - 39 - e a n e d r e l u [ A d