HB 263 — PROBATION & PAROLE CLARIFICATION

(7) for a second degree felony, ten thousand dollars ($10,000);

(8) for a third degree felony resulting in the death of a human being, five thousand dollars ($5,000);

(9) for a third degree felony for a sexual offense against a child, five thousand dollars ($5,000);

(10) for a third degree felony for sexual exploitation of children, five thousand dollars ($5,000);

(11) for a third or fourth degree felony, five thousand dollars ($5,000);

or (12) for a fourth degree felony for sexual exploitation of children, five thousand dollars ($5,000).

e e 17 F.

When the court imposes a sentence of e e n d 18 imprisonment for a felony offense, the court shall indicate = = l ] 19 whether or not the offense is a serious violent offense, as a l r i 20 defined in Section 33-2-34 NMSA 1978.

The court shall inform t e a t an offender that the offender's sentence of imprisonment is m m 21 e d subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 r e 22 c e r c 23 and 33-2-38 NMSA 1978.

If the court fails to inform an e a n b 24 offender that the offender's sentence is subject to those u [ provisions or if the court provides the offender with erroneous .217253.5 - 5 - HJC/HB 263 information regarding those provisions, the failure to inform or the error shall not provide a basis for a writ of habeas corpus.

G.

No later than October 31 of each year, the New Mexico sentencing commission shall provide a written report to the secretary of corrections, all New Mexico criminal court judges, the administrative office of the district attorneys and the chief public defender.

The report shall specify the average reduction in the sentence of imprisonment for serious violent offenses and nonviolent offenses, as defined in Section 33-2-34 NMSA 1978, due to meritorious deductions earned by prisoners during the previous fiscal year pursuant to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978.

The corrections department shall allow the commission access to documents used by the department to determine earned meritorious deductions for prisoners." e e 17 SECTION 2.

Section 31-20-5 NMSA 1978 (being Laws 1963, e e n d 18 Chapter 303, Section 29-17, as amended) is amended to read:

= = l ] 19 "31-20-5.

PLACING DEFENDANT ON PROBATION.-- a l r i 20 A.

The purpose of probation is to enforce victim t e a t restitution, hold a person accountable for the person's m m 21 e d criminal conduct, promote a person's reintegration into law- r e 22 c e r c 23 abiding society and reduce the risks that the person will e a n b 24 commit new offenses.

When a person has been convicted of a u [ crime for which a sentence of imprisonment is authorized and .217253.5 - 6 - HJC/HB 263 when the [magistrate, metropolitan or district ] court has [deferred or suspended sentence, it ] entered an order of conditional discharge pursuant to Section 31-20-13 or 30-31-28 NMSA 1978, entered an order deferring the sentence or entered an order suspending in part or in full the sentence, the court shall order the defendant to be placed on probation for all or some portion of the period of the conditional discharge , deferment or suspension if the defendant is in need of supervision, guidance or direction that is feasible for the corrections department to furnish.

B.

Except for sex offenders as provided in Section 31-20-5.2 NMSA 1978, the total period of probation [for district court] shall not exceed five years and the total period of probation [for the magistrate or metropolitan courts ] shall be no longer than the maximum allowable incarceration time for the offense [or as ] at the time of sentencing unless e e 17 otherwise provided by law.

e e n d 18 C.

Pursuant to Subsections A and B of this section, = = l ] 19 persons convicted by plea in magistrate or metropolitan court a l r i 20 for a case that originally contained felony charges shall be t e a t eligible for probation and supervised by the adult probation m m 21 e d and parole division of the corrections department.

r e 22 c e r c 23 D.

The district court shall consult a validated e a n b 24 risk and needs assessment when deciding what conditions of u [ probation to impose.

.217253.5 - 7 - HJC/HB 263 [B.] E.

If a defendant is required to serve a period of probation subsequent to a period of incarceration:

(1) the period of probation shall be served subsequent to any required period of parole, with the time served on parole credited as time served on the period of probation and the conditions of probation imposed by the court deemed as additional conditions of parole;

and (2) [in the event that ] if the defendant violates any condition of that parole and the violation is not sanctioned pursuant to the provisions of Section 12 of this 2020 act, the parole board shall cause [him] the defendant to be brought before it pursuant to the provisions of Section 31-21-14 NMSA 1978 and may make any disposition authorized pursuant to that section and, if parole is revoked, the period of parole served in the custody of a correctional facility shall not be credited as time served on probation." e e 17 SECTION 3.

Section 31-20-6 NMSA 1978 (being Laws 1963, e e n d 18 Chapter 303, Section 29-18, as amended) is amended to read:

= = l ] 19 "31-20-6.

CONDITIONS OF ORDER DEFERRING OR SUSPENDING a l r i 20 SENTENCE.--The [magistrate, metropolitan or district ] court t e a t shall attach to its order deferring or suspending sentence m m 21 e d reasonable conditions as it may deem necessary to ensure that r e 22 c e r c 23 the defendant will observe the laws of the United States and e a n b 24 the various states and the ordinances of any municipality.

The u [ defendant upon conviction shall be required to reimburse a law .217253.5 - 8 - HJC/HB 263 enforcement agency or local crime stopper program for the amount of any reward paid by the agency or program for information leading to the defendant's arrest, prosecution or conviction, but in no event shall reimbursement to the crime stopper program preempt restitution to victims pursuant to the provisions of Section 31-17-1 NMSA 1978.

[The defendant upon conviction shall be required to pay the actual costs of the defendant's supervised probation service to the adult probation and parole division of the corrections department or appropriate responsible agency 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 e e 17 circumstances of the defendant.

The defendant's payment of the e e n d 18 supervised probation costs shall not be waived unless the court = = l ] 19 holds an evidentiary hearing and finds that the defendant is a l r i 20 unable to pay the costs.

If the court waives the defendant's t e a t payment of the supervised probation costs and the defendant's m m 21 e d financial circumstances subsequently change so that the r e 22 c e r c 23 defendant is able to pay the costs, the appropriate district e a n b 24 supervisor of the adult probation and parole division shall u [ advise the court and the court shall hold an evidentiary .217253.5 - 9 - HJC/HB 263 hearing to determine whether the waiver should be rescinded.

] The court may also require the defendant to:

A.

provide for the support of persons for whose support the defendant is legally responsible;

B.

undergo available medical or psychiatric treatment and enter and remain in a specified institution when required for that purpose;

C.

be placed on probation under the supervision, guidance or direction of the adult probation and parole division for a term not to exceed five years;

D.

serve a period of time in volunteer labor to be known as "community service".

The type of labor and period of service shall be at the sole discretion of the court;

provided that a person receiving community service shall be immune from any civil liability other than gross negligence arising out of the community service, and a person who performs community e e 17 service pursuant to court order or a criminal diversion program e e n d 18 shall not be entitled to wages, shall not be considered an = = l ] 19 employee and shall not be entitled to workers' compensation, a l r i 20 unemployment benefits or any other benefits otherwise provided t e a t by law.

As used in this subsection, "community service" means m m 21 e d labor that benefits the public at large or a public, charitable r e 22 c e r c 23 or educational entity or institution;

e a n b 24 E.

make a contribution of not less than ten dollars u [ ($10.00) and not more than one hundred dollars ($100), to be .217253.5 - 10 - HJC/HB 263 paid in monthly installments of not less than five dollars ($5.00), to a local crime stopper program, a local domestic violence prevention or treatment program or a local drug abuse resistance education program that operates in the territorial jurisdiction of the court;

and F.

satisfy any other conditions reasonably related to the defendant's rehabilitation." SECTION 4.

The Probation and Parole Act shall be liberally construed to the end that the treatment of persons convicted of a crime shall take into consideration their individual e e 17 characteristics, circumstances [needs and potentialities as e e n d 18 revealed by case study] and assessment of risk and needs and = = l ] 19 that such persons shall be dealt with in the community by a ae le r17 i 20 uniformly organized system of constructive rehabilitation under te e an td 18 probation supervision instead of in an institution or under m= m= 21l e] d19 r e 22 parole supervision when a period of institutional treatment is ca el r ci 2320 deemed essential in the light of the needs of public safety and t e a nt b 24 their own welfare.

um [m 21 e d B.

.216694.1r -e 422 -c e r c 23 (1) operate probation and parole supervision e a n b 24 based upon application of a validated risk and needs assessment u [ and principles of effective intervention to reduce criminogenic .217253.5 - 11 - HJC/HB 263 risk and needs factors;

(2) focus supervision resources on the initial 6 period of release or placement on probation;

and (4) apply a consistent system of incentives and graduated sanctions to promptly respond to positive and negative behavior by probationers and parolees under supervision." SECTION 3.5.

Section 31-21-5 NMSA 1978 (being Laws 1978, e e 17 Chapter 41, Section 1, as amended) is amended to read:

e e n d 18 "31-21-5.

DEFINITIONS.--As used in the Probation and = = l ] 19 Parole Act:

ae le r17 i 20 [A.

"probation" means the procedure under which an te e an td 18 adult defendant, found guilty of a crime upon verdict or plea, m= m= 21l e] d19 r e 22 is released by the court without imprisonment under a suspended ca el r ci 2320 or deferred sentence and subject to conditions;

t e a nt b 24 B.

"parole" means the release to the community of um [m 21 e d an inmate of an institution by decision of the board or by .216694.1r -e 522 -c e r c 23 operation of law, subject to conditions imposed by the board e a n b 24 and to its supervision;

u [ C.

"institution" means the state penitentiary and .217253.5 - 12 - HJC/HB 263 any other similar state institution hereinafter created;

6 E.

"absconding" means that a person under supervision willfully makes the person's whereabouts unknown to the person's probation and parole officer or willfully fails to report as ordered,ordered andand, in addition, reasonable efforts by the probation and parole officer to locate the person have been unsuccessful;

e e 17 D.

"director" means the director of the adult e e n d 18 probation and parole division of the corrections department or =e =e l17 ] 19 any employee designated by the director;

ae le rn id 2018 E.

t= e= al t] 19 (1) is under sentence to or confined in a ma ml 21 e d r ei 2220 prison or other correctional institution under the control of ct e ra ct 23 the corrections department;

em am n21 be 24d (2) is sixty-five years of age or older;

ur [e 22 c e r c 23 (3) suffers from a chronic infirmity, illness .216694.1e -a 6n -b 24 or disease related to aging;

and u [ (4) does not constitute a danger to the .217253.5 - 13 - HJC/HB 263 person's own self or to society;

6 G.

"non-technical violation" means absconding or violating any municipal or county ordinance or tribal, state or federal law;

H.

I.H.

(1) is under sentence to or confined in a prison or other correctional institution under the control of e e 17 the corrections department;

e e n d 18 (2) by reason of an existing medical = = l ] 19 condition, is permanently and irreversibly physically a l r i 20 incapacitated;

and t e a t (3) does not constitute a danger to the m m 21 e d r e 2217 person's own self or to society;

ce e rn cd 2318 J.I.

"probation" means the procedure under which an e= a= nl b] 2419 adult defendant is released by the court without imprisonment ua [l r i 20 under a conditional discharge, an order deferring sentence or .216694.1t -e 7a -t an order partially or fully suspending sentence and subjecting m m 21 e d the defendant to conditions;

r e 22 c e r c 23 J.

"reasonable efforts" means, at a minimum, e a n b 24 checking with a probationer's or parolee's emergency contact, u [ last known address, last known employment and hospitals and .217253.5 - 14 - HJC/HB 263 jails in the area;

"technical"standard violation" means aabsconding violationor ofviolating theany conditionsmunicipal of probation or parolecounty supervisionordinance otheror thantribal, thosestate violationsor constitutingfederal acriminal non-technicallaw; violation;

and 6 L.

"technical violation" means a violation of the conditions of probation or parole supervision other than those violations constituting a standard violation.

"Technical violation" includes an instance in which a probationer or parolee fails to make a scheduled appointment and:

(1) the probation and parole officer fails to perform reasonable efforts to locate the probationer or parolee;

or (2) the probationer or parolee makes the person's whereabouts known to the probation and parole officer or reports to the officer prior to the completion of the officer's reasonable efforts to locate the person;

and e e 17 M.

e e n d 18 (1) is under sentence or confined in a prison = = l ] 19 or other correctional institution under the control of the a l r i 20 corrections department;

t e a t (2) has an incurable condition caused by m m 21 e d illness or disease that would, within reasonable medical r e 22 c e r c 23 judgment, produce death within six months;

and e a n b 24 (3) does not constitute a danger to the u [ person's own self or to society." .217253.5 - 15 - HJC/HB 263 SECTION 4.6.

e e 17 "31-21-9.

PRESENTENCE [AND PRERELEASE ] INVESTIGATIONS.-- e e n d 18 A.

Upon the order of any [district or magistrate ] = = l ] 19 court, the director shall prepare a presentence report [which ] a l r i 20 that shall include [such information as the court may request.

t e a t B.

Upon the order of any district court,court the m m 21 e d r e 22 director shall prepare a prerelease report which the court c e r c 23 shall use to determine the accused's qualifications for bail.

e a n b 24 The report shall includeinclude] available information about the u[accused's] [convicted accused'sperson's family ties, employment, financial resources, .216694.1 - 8 - character, physical and mental condition, the length of his[his ] the convicted person's residence in the community, his][his ] any victim impact information, the convicted person's state personal identification number, the convicted person's record of convictions, [his[his] the convicted person's e e 17 record of appearance at court proceedings or of flight to avoid 6e e n d 18 prosecution or failure to appear at court proceedings, and[and ] = = l ] 19 any history of drug or alcohol abuse]abuse, the results of any a l r i 20 validated risk and needs assessments thatadministered mayand havesuch beent administerede anda sucht other information as the court may request.

m m 21 e d [C.] B.

All local and state law enforcement r e 22 c e r c 23 agencies shall furnish to the director any requested criminal e a n b 24 records." u [ SECTION 5.7.

Section 31-21-13.131-21-10 NMSA 1978 (being Laws 1988,1980, .217253.5 - 16 - HJC/HB 263 Chapter 62,28, Section 3,1, 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 after the inmate has served thirty years of the sentence.

Before 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;

e e 17 (d) whether the inmate is a habitual e e n d 18 offender;

= = l ] 19 (e) the reports filed under Section a l r i 20 31-21-9 NMSA 1978;

and t e a t (f) the reports of such physical and m m 21 e d mental examinations as have been made while in an institution;

r e 22 c e r c 23 (3) make a finding that a parole is in the e a n b 24 best interest of society and the inmate;

and u [ (4) make a finding that the inmate is able and .217253.5 - 17 - HJC/HB 263 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 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.

B.

Unless the board finds that it is in the best 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.

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

C.

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

e e 17 D.

Except for certain sex offenders as provided in e e n d 18 Section 31-21-10.1 NMSA 1978, an inmate who was convicted of a = = l ] 19 first, second or third degree felony and who has served the a l r i 20 sentence of imprisonment imposed by the court in an institution t e a t designated by the corrections department shall be required to m m 21 e d undergo a two-year period of parole.

An inmate who was r e 22 c e r c 23 convicted of a fourth degree felony and who has served the e a n b 24 sentence of imprisonment imposed by the court in an institution u [ designated by the corrections department shall be required to .217253.5 - 18 - HJC/HB 263 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 maintain a non-reporting caseload to assist the adult probation and parole division of the corrections department in placing holds if a non-reporting parolee is arrested and booked.

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 e e 17 plan.

If an inmate refuses to affix the inmate's signature to e e n d 18 the written statement of the conditions of parole or does not = = l ] 19 have an approved parole plan, the inmate shall not be released a l r i 20 and shall remain in the custody of the institution in which the t e a t inmate has served the inmate's sentence, excepting parole, m m 21 e d until such time as the period of parole the inmate was required r e 22 c e r c 23 to serve, less meritorious deductions, if any, expires, at e a n b 24 which time the inmate shall be released from that institution u [ without parole, or until such time that the inmate evidences .217253.5 - 19 - HJC/HB 263 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 shall also personally apprise the inmate of the conditions of parole and the inmate's duties relating thereto.

F.

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.

Pursuant to the provisions of Section 31-18-15 e e 17 NMSA 1978, the board shall require the inmate as a condition of e e n d 18 parole = = l ] 19 [(1) to pay the actual costs of parole a l r i 20 services to the adult probation and parole division of the t e a t corrections department for deposit to the corrections m m 21 e d department intensive supervision fund not exceeding one r e 22 c e r c 23 thousand eight hundred dollars ($1,800) annually to be paid in e a n b 24 monthly installments of not less than twenty-five dollars u [ ($25.00) and not more than one hundred fifty dollars ($150), as .217253.5 - 20 - HJC/HB 263 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 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 e e 17 inmate's arrest, prosecution or conviction, but in no event e e n d 18 shall reimbursement to the crime stopper program preempt = = l ] 19 restitution to victims pursuant to the provisions of Section a l r i 20 31-17-1 NMSA 1978.

t e a t H.

The provisions of this section shall apply to m m 21 e d all inmates except geriatric, permanently incapacitated and r e 22 c e r c 23 terminally ill inmates eligible for the medical and geriatric e a n b 24 parole program as provided by the Parole Board Act." u [ SECTION 8.

Section 31-21-13.1 NMSA 1978 (being Laws 1988, .217253.5 - 21 - HJC/HB 263 Chapter 62, Section 3, as amended) is amended to read:

As used in this section, "intensive supervision e e 17 programs" means programs that provide highly structured and e e n d 18 intense supervision, with stringent reporting requirements, of = = l ] 19 certain individuals who represent an excessively high a l r i 20 assessment of risk of violation of probation or parole, t e a t emphasize meaningful rehabilitative activities and reasonable m m 21 e d r e 22 alternatives without seriously increasing the risk of c e r c 23 recidivist crime and facilitate the payment of restitution by e a n b 24 the offender to the victim.

"Intensive supervision programs" u [ [include] includes house arrest programs or electronic .216694.1 - 9 - surveillance programs or both.

The programs shall provide services for e e 17 appropriate individuals by probation and parole officers of the e e n d 18 corrections department.

The corrections department shall = = l ] 19 promulgate rules [and regulations ] to provide that the officers a l r i 20 providing these services have [a maximum case load of forty t e a t offenders] the training, resources and caseloads that enable m m 21 e d them to operate effectively and to provide for offender r e 22 c e r c 23 selection and other criteria.

The corrections department may e a n b 24 cooperate with all recognized law enforcement authorities and u [ share all necessary and pertinent information, records or .217253.5 - 22 - HJC/HB 263 documents regarding probationers or parolees in order to implement and operate these intensive supervision programs.

For purposes of this section, a judge e e 17 contemplating imposition of an intensive supervision program e e n d 18 for an individual shall consult with the adult probation and = = l ] 19 parole division of the corrections department and [consider the a l r i 20 recommendations before imposing such probation] review the t e a t results of the validated risk and needs assessment.

The [adult m m 21 e d r e 22 probation and parole] division [of the corrections department] c e r c 23 shall recommend only those individuals who score as high risk e a n b 24 and who would have otherwise been recommended for incarceration u [ for intensive supervision programs.

A judge has discretion to .216694.1 - 10 - impose an intensive supervision program for an individual, regardless of recommendations made by the [adult probation and parole] division, only if a validated risk and needs assessment has been provided to the judge and considered in the decision e e 17 to impose an intensive supervision program.

Inmates eligible 6e e n d 18 for parole or within twelve months of eligibility for parole, = = l ] 19 or inmates who would otherwise remain in a correctional a l r i 20 institution for lack of a parole plan or those parolees whose t e a t parole the board would otherwise revoke, are eligible for m m 21 e d intensive supervision programs.

The provisions of this section r e 22 c e r c 23 do not limit or reduce the statutory authority vested in e a n b 24 probation and parole supervision as defined by any other u [ section of the Probation and Parole Act.

D..217253.5 - 23 - HJC/HB 263 [D.

There is created in the state treasury the "corrections department intensive supervision fund" to be administered by the corrections department upon vouchers signed e e 17 by the secretary of corrections.

Balances in the corrections e e n d 18 department intensive supervision fund shall not revert to the = = l ] 19 general fund.

Beginning July 1, 1988, the intensive a l r i 20 supervision programs established pursuant to this section shall t e a t be funded by those supervision costs collected pursuant to the m m 21 e d r e 22 provisions of Sections 31-20-6 and 31-21-10 NMSA 1978.

The c e r c 23 corrections department is specifically authorized to hire e a n b 24 additional permanent or term full-time equivalent positions for u [ the purpose of implementing the provisions of this section."section.]" .216694.1 - 11 - SECTION 6.9.

[RETURN OFOF] ] PAROLE [VIOLATOR] VIOLATIONS.-- A.

e e 17 (1) the board or the director may issue a e e n d 18 warrant for the arrest of the [released prisoner for ] parolee = = l ] 19 to answer a charge of a non-technicalstandard violation.

[of any of the a l r i 20 conditions of release, or issue a notice to appear to answer a t e a t charge of violation.

The notice shall be served personally m m 21 e d upon the prisoner] The warrant shall authorize the r e 22 c e r c 23 [superintendent ] warden of the institution from which the e a n b 24 [prisoner] parolee was released to return the [prisoner] u [ parolee to the [actual] physical custody of the institution or .217253.5 - 24 - HJC/HB 263 to any other [suitable ] detention facility designated by the board or the director.

If the [prisoner ] parolee is out of the state, the warrant shall authorize the [superintendent ] warden e e 17 to return [him] the parolee to the state;

e e n d 18 [B.

the director ] (2) a probation and parole = = l ] 19 officer may arrest the [prisoner] parolee without a warrant or a l r i 20 may deputize [any ] an officer with the power of arrest to do so t e a t by giving [him ] the officer a written statement [setting forth] m m 21 e d r e 22 that the [prisoner ] parolee has, in the judgment of the c e r c 23 [director, violated the conditions of his release ] probation e a n b 24 and parole officer, committed a non-technicalstandard violation.

Where u [ an arrest is made without a warrant, the [prisoner ] parolee .216694.1 - 12 - shall not be returned to the institution unless authorized by the director or the board;

(3) a probation and parole officer may arrest a parolee without a warrant or may deputize an officer with the e e 17 power of arrest to do so by giving the officer a written 6e e n d 18 statement that the parolee has, in the judgment of the = = l ] 19 probation and parole officer, committed a technical violation a l r i 20 or non-technicalstandard violation if the parolee is serving a period of t e a t parole stemming from a plea or conviction for a sex offense m m 21 e d enumerated in Subsection I of Section 29-11A-3 NMSA 1978, a r e 22 c e r c 23 serious violent offense as enumerated in Paragraph (4) of e a n b 24 Subsection L of Section 33-2-34 NMSA 1978 or a human u [ trafficking offense as enumerated in Section 30-52-1 NMSA 1978;

.217253.5 - 25 - HJC/HB 263 or (4) a probation and parole officer may arrest a parolee for a technical or non-technicalstandard violation without a e e 17 warrant or may deputize an officer with the power of arrest to e e n d 18 do so if the probation and parole officer has reason to believe = = l ] 19 that the parolee poses a flight risk or a danger to the a l r i 20 community.

t e a t B.

Pending hearing as provided by law upon [any] a m m 21 e d r e 22 charge of a non-technicalstandard violation, the [prisoner] parolee c e r c 23 shall remain incarcerated in the institution.

e a n b 24 C.

Upon arrest and detention for a non-technicalstandard u [ violation, the board shall cause the [prisoner] parolee to be .216694.1 - 13 - promptly brought before it for a parole revocation hearing on the [parole] non-technicalstandard violation charged, under rules [and regulations] the board may adopt.

If the non-technicalstandard violation is established, the e e 17 board may continue or revoke the parole, impose detention for a e e n d 18 fixed term up to ninety days, which shall be counted as time = = l ] 19 served under the sentence, or enter any other order as it sees a l r i 20 fit.

t e a t [D.] E.

A [prisoner] parolee for whose return a m m 21 e d warrant has been issued shall, if it is found that the warrant r e 22 c e r c 23 cannot be served, be a fugitive from justice.

e a n b 24 F.

If it appears that [he] the parolee has u [ [violated the provisions of his release ] committed a non-standard technical.217253.5 - 26 - HJC/HB 263 violation, the board shall determine whether the time from the date of the violation to the date of [his ] the parolee's arrest, or any part of it, shall be counted as time e e 17 served under the sentence.

e e n d 18 G.

At any time during release on parole, the board = = l ] 19 or the director may issue a notice to appear to answer a charge a l r i 20 of a technical violation.

The notice shall be served t e a t personally upon the parolee and shall initiate a technical m m 21 e d r e 22 violation process in accordance with SectionSections 1012 and 13 of this 2020 cact. e r c 23 act." e a n b 24 SECTION 7.

SectionH. 31-21-15 NMSA 1978 (being Laws 1963, u [ Chapter 301, Section 13, as amended by Laws 2016, Chapter 27, .216694.1 - 14 - Section 1 and by Laws 2016, Chapter 31, Section 1) is amended to read:

By December 1, 2021 and December 1 of every subsequent year, the director shall report to the appropriate interim committee of the legislature and to the governor and shall post on the corrections department website:

(1) the number of warrants issued and arrests made by the director or the board pursuant to Paragraph (1) of e e 17 Subsection A of this section;

e e n d 18 (2) the number of arrests made by probation = = l ] 19 and parole officers pursuant to Paragraphs (2) and (3) of a l r i 20 Subsection A of this section;

t e a t (3) the number of arrests made by probation m m 21 e d and parole officers pursuant to Paragraph (4) of Subsection A r e 22 c e r c 23 of this section;

e a n b 24 (4) the average amount of time per parolee u [ between a detention for a standard violation and the parole .217253.5 - 27 - HJC/HB 263 revocation hearing pursuant to Subsection C of this section;

(5) the penalty imposed for a standard violation pursuant to Subsection D of this section along with the number of prior violations the parolee committed;

(6) the number of times that the board counted the period of time between the date of the violation to the date of the parolee's arrest as time served pursuant to Subsection F of this section;

and (7) the number of notices to appear to answer a charge of a technical violation pursuant to Subsection G of this section." SECTION 10.

Section 31-21-15 NMSA 1978 (being Laws 1963, 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.-- e e 17 A.

e e n d 18 (1) the court may issue a warrant for the = = l ] 19 arrest of a probationer for a non-technicalstandard violation [of any of the a l r i 20 conditions of release].

The warrant shall authorize the return t e a t of the probationer to the physical custody of the court or to anym [suitablem ]21 e d any [suitable] other detention facility designated by the r e 22 c e r c 23 court;

e a n b 24 (2) the court may issue a [notice to appear to u [ answer a charge of violation.

The notice shall be personally .217253.5 - 28 - HJC/HB 263 served upon the probationer;

or]or ] warrant for the arrest of a probationer for a technical violation only if the probationer is serving a period of probation pursuant to an order of conditional discharge, suspended sentence or deferred sentence e e 17 stemming from a plea or conviction for a sex offense enumerated e e n d 18 in Subsection I of Section 29-11A-3 NMSA 1978, a serious = = l ] 19 violent offense as enumerated in Paragraph (4) of Subsection L a l r i 20 of Section 33-2-34 NMSA 1978 or a human trafficking offense as t e a t enumerated in Section 30-52-1 NMSA 1978;

m m 21 e d r e 22 (3) the director may arrest a probationer c e r c 23 without a warrant or may deputize [any] an officer with power e a n b 24 of arrest to do so by giving the officer a written statement u [ [setting forth ] that the probationer has, in the judgment of .216694.1 - 15 - the director, [violated the conditions of the probationer's release] committed a non-technicalstandard violation.

The written statement, delivered with the probationer by the arresting e e 17 officer to the official in charge of a county jail or other e e n d 18 place of detention, is sufficient warrant for the detention of = = l ] 19 the probationer;

or a l r i 20 (4) a probation and parole officer may arrest t e a t a probationer for a technical or non-technicalstandard violation without a m m 21 e d warrant or may deputize an officer with the power of arrest to r e 22 c e r c 23 do so if the probation and parole officer has reason to believe e a n b 24 the probationer poses a flight risk or a danger to the u [ community.

.217253.5 - 29 - HJC/HB 263 B.

Upon the probationer's arrest and detention for a non-technicalstandard violation:

(1) the director shall immediately notify the ] court and submit in writing a report [showing in what e] e 17 describing the manner in which the probationer has violated the e e n d 18 conditions of release;

and = = l ] 19 [B.

The court shall then hold a hearing, which may a l r i 20 be informal, on the violation charged.] t e a t (2) the court shall hold a probation m m 21 e d r e 22 revocation hearing on the non-technicalstandard violation charged.

c e r c 23 C.

If the non-technicalstandard violation is established at e a n b 24 the probation revocation hearing, the court may continue or u [ revoke the probation or enter any other order as it sees fit.

.216694.1 - 16 - D.

The notice shall be personally served upon the e e 17 probationer and shall initiate a technical violation hearing.

e e n d 18 E.

If the technical violation is established before 6= = l ] 19 the court at a technical violation hearing, the court may:

a l r i 20 (1) continue the original probation;

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

m m 21 e d (a) order a new probation with any r e 22 c e r c 23 condition provided for in Section 31-20-5 or 31-20-6 NMSA 1978;

e a n b 24 or u [ (b) require the probationer to serve the .217253.5 - 30 - HJC/HB 263 balance of the sentence imposed or any lesser sentence;

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 e e 17 probation.

e e n d 18 [C.] F.

If it is found that a warrant for the = = l ] 19 return of a probationer cannot be served, the probationer is a a l r i 20 fugitive from justice.

After the hearing upon return, if it t e a t appears that the probationer has violated the provisions of the m m 21 e d r e 22 probationer's release, the court shall determine whether the c e r c 23 time from the date of violation to the date of the e a n b 24 probationer's arrest, or any part of it, shall be counted as u [ time served on probation.

For the purposes of this subsection, .216694.1 - 17 - "probationer" means a person convicted of a crime by a district, metropolitan, magistrate or municipal court and released without imprisonment under a conditional discharge, an e e 17 order deferring sentence or an order partially or fully e e n d 18 suspending sentence and subjecting the defendant to conditions.

6= = l ] 19 [D.] G.

The board shall budget funds to cover a l r i 20 expenses of returning probationers to the court.

t e a t H.

The sheriff of the county in which the m m 21 e d probationer was convicted is the court's agent in the r e 22 c e r c 23 transportation of the probationer, but the director, with the e a n b 24 consent of the court, may utilize other state agencies for this u [ purpose when it is in the best interest of the state."state. SECTION 8.

Section.217253.5 31-21-17.1- NMSA31 1978- (beingHJC/HB Laws263 1994,I. Chapter 21, Section 2) is amended to read:

By December 1, 2021 and December 1 of every subsequent year, the director shall report to the appropriate interim committee of the legislature and to the governor and shall post on the agency website:

(1) the number of warrants sought by the director and the number of arrests made by the director pursuant to Paragraph (1) of Subsection A of this section;

(2) the number of warrants sought by the director and the number of arrests made by the director pursuant to Paragraph (2) of Subsection A of this section;

(3) the number of arrests made by the director or the director's deputies pursuant to Paragraph (3) of Subsection A of this section;

(4) the number of arrests made by probation and parole officers pursuant to Paragraph (4) of Subsection A of this section;

e e 17 (5) the average number of technical violations e e n d 18 by a probationer before the director seeks either a warrant = = l ] 19 from a court pursuant to Paragraph (1) of Subsection A of this a l r i 20 section or makes an arrest pursuant to Paragraph (4) of t e a t Subsection A of this section;

and m m 21 e d (6) the number of times a probationer was r e 22 c e r c 23 alleged to have committed a standard violation but was e a n b 24 adjudicated to have committed a technical violation." u [ SECTION 11.

Section 31-21-17.1 NMSA 1978 (being Laws .217253.5 - 32 - HJC/HB 263 1994, Chapter 21, Section 2) is amended to read:

[ADMINISTRATION BY ] MEDICAL OR GERIATRIC PAROLE--PROCEDURES--DUTIES OF THE DEPARTMENT--DUTIES OF THE e e 17 BOARD.-- e e n d 18 A.

The corrections department shall promulgate = = l ] 19 rules and shall implement a "medical and geriatric parole a l r i 20 program", including the form of an application for medical or t e a t geriatric parole.

m m 21 e d r e 22 B.

The director shallor identifythe geriatric,corrections cdepartment eshall ridentify cgeriatric, 23 permanently incapacitated and terminally ill inmates and e a n b 24 authorize the release of those inmates who are eligible for u [ medical or geriatric [or medical] parole [based on rules .216694.1 - 18 - established by the board.

The documentation shall include e e 17 information concerning the inmate's age, medical history and prognosis,e 6e n d 18 prognosis, institutional behavior and adjustment and criminal = = l ] 19 history.

The inmate or inmate's representative may submit an a l r i 20 application to the board] and notify those inmates of the t e a t opportunity to apply for medical or geriatric parole.

Upon m m 21 e d receiving an application, the directorcorrections department shall r e 22 c e r c 23 determine within sixtythirty days whether to recommend an inmate for e a n b 24 medical or geriatric parole.

The recommendation shall include u [ the inmate's age, medical history and prognosis, if applicable, .217253.5 - 33 - HJC/HB 263 institutional behavior and adjustment.

When the directordepartment recommends an inmate for medical or geriatric parole, the director shall submit a statement to the board that the inmate's release is not e e 17 incompatible with the welfare of society.

e e n d 18 C.

Inmates who have not served their minimum = = l ] 19 sentences may be considered eligible for parole under the a l r i 20 medical and geriatric parole program.

Medical and geriatric t e a t parole consideration shall be in addition to any other parole m m 21 e d r e 22 for which a geriatric, permanently incapacitated or terminally c e r c 23 ill inmate may be eligible.

e a n b 24 D.

When considering an inmate for medical or u [ geriatric parole, the director may request that reasonable .216694.1 - 19 - medical and mental health examinations be conducted.

When determining an inmate's eligibility for geriatric or medical parole, the director shall consider the e e 17 following criteria concerning the inmate:

e e n d 18 (1) age;

6= = l ] 19 (2) severity of illness, disease or a l r i 20 infirmities;

t e a t (3) comprehensive health evaluation;

m m 21 e d (4) institutional behavior;

r e 22 c e r c 23 (5) level of risk for violence;

ande (6)a alternativesn tob maintaining24 the(6) geriatric,potential permanentlythreat incapacitatedto orany terminallyvictim illof inmatethe inu traditional[ settings.inmate's crime;

and .217253.5 - 34 - HJC/HB 263 (7) alternatives to maintaining the geriatric, permanently incapacitated or terminally ill inmate in traditional settings.

The parole term of the geriatric, permanently incapacitated or terminally ill inmate on medical or geriatric parole shall be for the remainder of the inmate's sentence, e e 17 without diminution of sentence for good behavior.

e e n d 18 G.

The board shall release an inmate on medical or = = l ] 19 geriatric parole upon recommendation from the director unless a l r i 20 the board finds by clear and convincing evidence that the t e a t inmate's release is incompatible with the welfare of society m m 21 e d r e 22 and states in writing its reason for the finding.

The board c e r c 23 shall not deny medical or geriatric parole solely because of e a n b 24 the inmate's criminal history." u [ SECTION 9.12.

A new section of the Probation and Parole Act .216694.1 - 20 - is enacted to read:

e e 17 "[NEW MATERIAL] INCENTIVES--SANCTIONS FOR TECHNICAL e e n d 18 VIOLATIONS.-- = = l ] 19 A.

The adult probation and parole division of the a l r i 20 corrections department shall create and implement an incentives t e a t and sanctions system to guide responses to negative and m m 21 e d positive behavior by probationers and parolees under the r e 22 c e r c 23 supervision of the department.

The system shall provide for e a n b 24 graduated responses to technical violations of supervision u [ conditions, in a swift, certain and proportional manner, and .217253.5 - 35 - HJC/HB 263 include guidance and procedures to determine when and how to:

To implement and continuously improve the e e 17 incentives and sanctions system, the adult probation and parole e e n d 18 division shall:

= = l ] 19 (1) provide information and training on the a l r i 20 system for probation and parole officers of the division and t e a t members and staff of the board;

m m 21 e d r e 22 (2) offer information and training on the c e r c 23 system to judges, prosecution and defense attorneys, law e a n b 24 enforcement personnel, detention center personnel, contracted u [ service providers and other interested personnel;

.216694.1 - 21 - (3) review the system at least every five e e 17 years to ensure that it adheres to evidence-based practices and e e n d 18 that the use of sanctions and incentives by probation and = = l ] 19 parole officers is consistent across the state;

a l r i 20 (4) ensure that the guidance and procedures t e a t established by the system consider community safety and the m m 21 e d needs of the victim and offender;

r e 22 c e r c 23 (5) collect data relating to placement e a n b 24 decisions based on the system;

and u [ (6) aggregate collected data and provide a .217253.5 - 36 - HJC/HB 263 report to the appropriate legislative interim committee dealing with courts, corrections and justice issues every two years.

A probation and parole officer who reasonably believes that a probationer or parolee has committed one or more technical violations that require a sanction shall consult the incentives and sanctions system to determine an appropriate e e 17 response.

Consistent with the system, the officer may impose a e e n d 18 non-detention sanction to gain the person's compliance with the = = l ] 19 conditions of probation or parole.

a l r i 20 D.

Graduated sanctions for technical violations may t e a t include three-day and seven-day detention in a county jail or m m 21 e d r e 22 other place of detention.

Sanctions served in detention shall c e r c 23 be counted as time served under the sentence." e a n b 24 SECTION 10.13.

A new section of the Probation and Parole u [ Act is enacted to read:

.216694.1 - 22 - "[NEW MATERIAL] TECHNICAL VIOLATIONS.-- e e 17 A.

If a probation and parole officer seeks to e e n d 18 impose detention for a technical violation, the officer shall = = l ] 19 review the violation and proposed detention with a supervisor.

a l r i 20 B.

With supervisory approval, the probation and t e a t parole officer shall review the violation and proposed m m 21 e d detention with the probationer or parolee and seek a signed r e 22 c e r c 23 waiver after consultation with an attorney from the probationer e a n b 24 or parolee that acknowledges the violation and accepts the u [ proposed detention.

.217253.5 - 37 - HJC/HB 263 C.

The probation and parole officer's written e e 17 report of a technical violation shall include the officer's e e n d 18 recommendation and justification as to final action or = = l ] 19 resolution of the situation.

The officer's recommendation is a l r i 20 not binding on the court." t e a t SECTION 11.14.

REPEAL.--SectionTEMPORARY 31-21-25.1PROVISION--TRANSFER NMSAOF 1978THE (beingCORRECTIONS mDEPARTMENT mINTENSIVE 21SUPERVISION eFUND dBALANCE rTO eTHE 22GENERAL LawsFUND.--Any 1994,unexpended Chapteror 21,unencumbered Sectionbalances 3)remaining isin repealed.the corrections department intensive supervision fund on January 1, 2021 shall be transferred to the general e e 17 fund.

ce e rn cd 2318 SECTION 12.15.

APPLICABILITY.--TheREPEAL.--Section provisions31-21-25.1 ofNMSA Section1978 9(being e= a= nl b] 2419 ofLaws this1994, actChapter apply21, toSection persons3) whoseis probationrepealed. or parole u [ commences subsequent to January 1, 2021 and to all persons on .216694.1 - 23 - probation or parole on January 1, 2021.

a l r i 20 SECTION 13.16.

APPLICABILITY.-- t e a t A.

The provisions of Sections 12 and 13 of this act m m 21 e d r e 22 apply to persons whose probation or parole commences subsequent c e r c 23 to January 1, 2021 and to all persons on probation or parole on e a n b 24 January 1, 2021.

u [ B.

The provisions of Sections 2, 4, 6 and 8 of this .217253.5 - 38 - HJC/HB 263 act that pertain to risk and needs assessments and the use of risk and needs assessments apply to judges determining conditions of probation, persons waiting to be sentenced, persons on probation and parole and persons placed on probation or parole on or after July 1, 2021.

SECTION 17.

- 2439 - 6 8 10 12 14 16 e e 17 e e n d 18 = = l ] 19 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 [ .216694.1.217253.5