SB 192 — PREGNANT AND LACTATING INMATE OPTIONS

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 192 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 4 6 8 10 AN ACT RELATING TO INCARCERATION;

PROVIDINGREQUIRING FORCOURTS JUDICIAL DISCRETION TO RELEASECONSIDER ANPREGNANCY INDIVIDUALOR FROMLACTATION CUSTODYFOR WHORELEASE, ISBOND PREGNANT OR LACTATING.GOOD TIME COMPUTATION.

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

[NEW MATERIAL ] RELEASE OF INDIVIDUALS WHO ARE e t 17 PREGNANT OR LACTATING.-- w l n d 18 A.

The court shall consider an individual's = = 19 pregnancy or lactation status when determining whether the a l i a e r 20 individual is eligible for release or bond and in the a t m m 21 computation of good time credit.

At the court's discretion, an d r e 22 individual who is due to give birth may be granted release from c e s k 23 custody in a jail prior to the presumptive birth date of the e a n b 24 child and for up to eighteen months after the birth of the u [ child, or for as long as medically indicated, unless the court .212820.2 SPAC/SB 192 makes a finding that the individual's release would present a flight risk or a danger to public safety that outweighs the benefits of release to the individual and the child.

At the court's discretion, after the period of release, the individual shall serve any remaining portion of the individual's sentence.

e e 17 SECTION 2.

EFFECTIVE DATE.--The effective date of the e e n d 18 provisions of this act is July 1, 2019.

=SJC/SPAC/SB =192 lPage ]1 1925 - 2 - a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .212820.2