SB 247 — JUVENILE LIFE SENTENCES W/OUT PAROLE

ab e d s º o t mn = .218900.1AIC March 11, 2021 (3:01pm) s k m 21e B.- 4 - e a n e d r e l u [ A d any case in which a hearing has already been granted and parole denied.

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

DuringUnless the board finds that it is in the best interest of society and the parolee to reduce the period of parole, thea person who was sentenced to life imprisonment shall be underrequired .218900.1to -undergo 4a -minimum theperiod guidanceof andparole supervision of thefive board.years.

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

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 h designated by the corrections department shall be required to u » r undergo a two-year period of parole.

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

During the period of n d d i = = o h parole, the person shall be under the guidance and supervision el t] 17b ,d i a º r of the board.

we lr n= t e w d 18m a n o E.

Every person while on parole shall remain in the =d =m 19: a l legal custody of the institution from which the person was i a e r 20 released, but shall be subject to the orders of the board.

Theb ar e t mº mo 21t boardn shall= furnish.218900.1AIC toMarch each11, inmate2021 as(3:01pm) as prerequisitek tom release d r e 22- under5 its- supervisione a writtenn statemente ofd ther conditions of c e sl ku 23[ paroleA thatd shalllegal becustody acceptedof and agreed to by the inmateinstitution asfrom ewhich a n b 24 evidenced by the inmate'sperson signaturewas affixedreleased, tobut ashall duplicatebe copysubject u [ to be retained in the filesorders of the board.

The board shall alsofurnish .218900.1to -each 5inmate - require as a prerequisite to release under its supervision a written statement of the submissionconditions of parole that shall be accepted and approvalagreed ofto by the inmate as evidenced by the inmate's signature affixed to a paroleduplicate plan.copy to be retained in the files of the board.

IfThe anboard 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 notalso berequire 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 thea periodprerequisite of parole the inmate was required to serve,release less meritorious deductions, if any, expires, at which time the inmatesubmission shall be released from that institution without parole, or until such time that the inmate evidences acceptance and agreementapproval to the conditions of parolea as required or receives approval for the inmate's parole planplan. or both.

TimeIf servedan frominmate therefuses dateto thataffix anthe inmateinmate's refusessignature to acceptthe andwritten agreestatement toof the conditions of parole or failsdoes tonot receivehave approvalan forapproved parole plan, the inmate'sinmate paroleshall plannot be released and shall reduceremain in the period,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, toexpires, at which time the inmate shall be servedh underreleased parolefrom ethat institution without parole, or until such u » r time that the inmate evidences acceptance and agreement to the t 17h atg ae laterl date.i conditions of parole as required or receives approval for the h r i s inmate's parole plan or both.

IfTime served from the districtdate courtthat hash ordered, thate h an inmate refuses to accept and agree to the wconditions of t u g e b l ne de 18, inmategh makeparole restitutionor fails to areceive victimapproval asfor providedthe ininmate's Sectionparole n d d i = = 19o ah lplan 31-17-1shall NMSAreduce 1978, the boardperiod, shallif includeany, restitutionto asbe aserved under parole l ] b ,d i a eº r 20at conditiona oflater parole.date.

TheIf boardthe shalldistrict alsocourt personallyhas appriseordered athat the e r = t me w d m 21a then o inmate ofmake therestitution conditionsto ofa parolevictim andas theprovided inmate'sin dutiesSection d rm e: 22 relating thereto.

cb r e t º o t n = .218900.1AIC March 11, 2021 (3:01pm) s k 23m F.e - 6 - e a n e d r e l u [ A d 31-17-1 NMSA 1978, the board shall include restitution as a condition of parole.

WhenThe aboard personshall onalso parolepersonally hasapprise performed the einmate a n b 24 obligations of the person'sconditions release for the period of parole u [ provided in this section, the board shall make a final order of .218900.1 - 6 - discharge and issue the personinmate's aduties certificaterelating ofthereto. discharge.

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.

(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 h not less than twenty-five dollars ($25.00) and not more than u » r one hundred fifty dollars ($150), as set by the appropriate t h g e l i district supervisor of the adult probation and parole division, h r i s based upon the financial circumstances of the defendant.

The h , e h defendant's payment of the supervised parole costs shall not be t u g e b l e e , gh waived unless the board holds an evidentiary hearing and finds n d d i = = o h that the defendant is unable to pay the costs.

If the board el t] 17b ,d i a º r waives the defendant's payment of the supervised parole costs we lr n d 18 and the defendant's financial circumstances subsequently change = =t 19 a l so that the defendant is able to pay the costs, the appropriate i a e rw 20d districtm supervisor of the adult probation and parole division a tn mo m 21 shall advise the board and the boarddefendant's shallfinancial holdcircumstances ansubsequently evidentiarychange d rm e: 22 hearing to determine whether the waiver should be rescinded;

cb r e t º o t n = .218900.1AIC March 11, 2021 (3:01pm) s k 23m ande - 7 - e a n be 24d (2)r toe reimbursel au law[ enforcementA agencyd orso uthat [the localdefendant crimeis stopperable programto forpay the amountcosts, the appropriate district supervisor of anythe rewardadult paidprobation .218900.1and -parole 7division -shall byadvise the agencyboard orand programthe forboard informationshall leadinghold an evidentiary hearing to thedetermine inmate'swhether arrest,the prosecutionwaiver orshould conviction.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.

[NEW MATERIAL]MATERIAL ] PAROLE FOR CHILDREN SENTENCED h AS ADULTS.-- u » r A.

A serious youthful offender sentenced under t h g e l i Section 31-18-15.3 NMSA 1978 or a youthful offender sentenced h r i s as an adult under Section 32A-2-20 NMSA 1978 shall be entitled h , e h to a parole hearing after serving tenSHPACº ten»SHPAC t u g e b l e e , gh SHPACºfifteen»SHPAC years of the offender's sentence, unless n d d i = = o h the offender is subject to earlier eligibility for parole l ] b ,d i a º r pursuant to another provision of law orHJCºor on the e r = t 17e w d m a n o recommendation of the warden of the facility in which the w l n d 18m offender: is incarcerated.

Theb paroler hearinge shallt occurº =o t n = 19.218900.1AIC aMarch l11, whether2021 the(3:01pm) offenders isk servingm sentencese for- multiple8 crimes- ie a n e d r 20e concurrentlyl oru consecutively.[ A d offender is incarcerated»HJC .

aThe tparole mhearing mshall 21occur B.whether the offender is serving sentences for multiple crimes concurrently or consecutively.

IfB. parole is denied, the offender shall be d r e 22 entitled to a parole hearing not less than every two years c e s k 23 thereafter, unless the offender is subject to earlier e a n b 24 eligibility for parole pursuant to any other provision of law.

uIf [parole C.is denied, the offender shall be entitled to a parole hearing not less than every Sfl1º two»Sfl1 Sfl1ºfive»Sfl1 years thereafter, unless the offender is subject to earlier eligibility for parole pursuant to any other provision of law.

DuringC. a parole eligibility hearing involving a .218900.1 - 8 - person subject to a parole hearing pursuant to this section, the parole board shall take into consideration, in addition to other factors required by law to be considered by the board:

During a parole eligibility hearing involving a person subject to a parole hearing pursuant to this section, the parole board shall take into consideration, in addition to other factors required by law to be considered by the board:

h (3) the nature of the offense and the history g o t hr and characteristics of the offender;

g e i k (4) whether the offender has substantially h r i s complied with the rules of the institution to which the h , t, e u g offender has been confined, including whether the offender has e b l e e h completed an educational, vocational or other program, where n d d i = = o h available, while in a correctional facility or jail;

l ] b ,d i a º e (5) whether the offender has demonstrated r i = r t e w d m a n o maturity, rehabilitation and a fitness to reenter society;

e t 17 (6) physical, mental or psychiatric reports or w l n d 18m examinations: of the offender conducted by licensed health care = = 19 a l professionals;

ib a e rd 20s (7)º theo offender'st familyn and= community.218900.1AIC aMarch t11, m2021 m(3:01pm) 21s circumstancesk atm thee time- the9 offense- wase committed,a includingn e d r e 22l theu offender's[ historyA ofd any(6) abuse,physical, traumamental or involvementpsychiatric inreports cor eexaminations sof kthe 23offender theconducted childby welfarelicensed system;health care professionals;

e(7) athe noffender's bfamily 24and (8)community thecircumstances extentat ofthe time the offender'soffense rolewas incommitted, including the uoffender's [history offenseof andany whetherabuse, antrauma adult or peerinvolvement was involved in the .218900.1child -welfare 9system; - offense;

(8) the extent of the offender's role in the offense and whether an adult or peer was involved in the offense;

h D.

A person eligible for parole pursuant to this g o t hr section shall be represented by counsel at all parole g e i k eligibility hearings.

h r i s E.

A person eligible for or granted parole pursuant h , t, to this section shall be subject to those provisions of the e u g e b l e e h Probation and Parole Act not in conflict with this section.

n d d i = = o h SJCº F.

TheA parolevictim boardor shallrelative annuallyof conduct a reviewvictim of allthe offendersl currently] servingb an,d adulti sentencea forº ane offense committedfor aswhich athe childoffender tois ensureimprisoned thatmay paroleat eligibilityany etime r i = r t 17e hearingsw requiredd pursuantm toa thisn sectiono arefile timelya wwritten lrequest nwith dthe 18parole conducted."board =asking =not 19to abe ld SECTIONm 4.:

Sectionb 32A-2-20e NMSAd 1978s (beingº Lawso 1993,t in = .218900.1AIC March 11, 2021 (3:01pm) s k m e - 10 - e a n e d r 20e Chapterl 77,u Section[ 49,A d contacted to submit a statement in future hearings as amended)provided isfor amendedby toParagraph read:(1) of Subsection C of this section.

A victim or relative of a tvictim mthat mhas 21filed "32A-2-20.a request pursuant to this subsection may inform the parole board of a desire to be informed of future hearings.»SJC SJCºF.»SJC SJCºG.»SJC The parole board shall annually conduct a review of all offenders currently serving an adult sentence for an offense committed as a child to ensure that parole eligibility hearings required pursuant to this section are timely conducted." SECTION 4.

DISPOSITIONSection OF32A-2-20 ANMSA YOUTHFUL1978 OFFENDER.--(being dLaws r1993, eChapter 2277, A.Section 49, as amended) is amended to read:

The"32A-2-20. court has the discretion to invoke either an c e s k 23 adult sentence or juvenile sanctions on a youthful offender.

eDISPOSITION aOF nA bYOUTHFUL 24OFFENDER.-- TheA. children's court attorney shall file a notice of intent to u [ invoke an adult sentence within ten working days of the filing .218900.1 - 10 - of the petition;

providedThe that the court mayhas extend the timediscretion for filing of the notice of intent to invoke either an adult sentence,sentence foror goodjuvenile causesanctions shown,on priora toyouthful theoffender. adjudicatory hearing.

AThe preliminarychildren's hearing by the court orattorney ashall hearingfile before a grandnotice jury shall be held, within ten days after the filing of the intent to h invoke an adult sentence,sentence towithin determineten whetherworking probabledays causeof existsthe tofiling supportu the» allegationsr containedof in the petition.petition;

B.provided that the court may extend the time t h g e l i for filing of the notice of intent to invoke an adult sentence, h r i s for good cause shown, prior to the adjudicatory hearing.

A h , e h preliminary hearing by the court or a hearing before a grand t u g e b l e e , gh jury shall be held, within ten days after the filing of the n d d i = = o h intent to invoke an adult sentence, to determine whether l ] b ,d i a º r probable cause exists to support the allegations contained in e r = t e w d m a n o the petition.

d m :

b r e t º o t n = .218900.1AIC March 11, 2021 (3:01pm) s k m e - 11 - e a n e d r e l u [ A d B.

and (2) the child is not eligible for commitment to an institution for children with developmental disabilities e t 17 or mental disorders.

w l n d 18 C.

In making the findings set forth in Subsection B = = 19 a l of this section, the judge shall consider the following i a e r 20 factors:

a t m m 21 (1) the seriousness of the alleged offense;

d r e 22 (2) whether the alleged offense was committed c e s k 23 in an aggressive, violent, premeditated or willful manner;

e a n b 24 (3) whether a firearm was used to commit the uh [ alleged offense;

.218900.1g -o 11t -hr (4) whether the alleged offense was against g e i k persons or against property, greater weight being given to h r i s offenses against persons, especially if personal injury h , t, resulted;

e u g e b l e e h (5) the maturity of the child as determined by n d d i = = o h consideration of the child's home, environmental situation, l ] b ,d i a º e social and emotional health, pattern of living, brain r i = r t e w d m a n o development, trauma history and disability;

(6)d them record: and previous history of the child;

b e d s º o t n = .218900.1AIC March 11, 2021 (3:01pm) s k m e - 12 - e a n e d r e l u [ A d (6) the record and previous history of the child;

e t 17 D.

If a child has previously been sentenced as an w l n d 18 adult pursuant to the provisions of this section, there shall = = 19 a l be a rebuttable presumption that the child is not amenable to i a e r 20 treatment or rehabilitation as a child in available facilities.

a t m m 21 E.

If the court invokes an adult sentence, the d r e 22 court may sentence the child to less than, but shall not c e s k 23 exceed, the mandatory adult sentence.

A youthful offender e a n b 24 given an adult sentence shall be treated as an adult offender uh [ and shall be transferred to the legal custody of an agency .218900.1g -o 12t -hr responsible for incarceration of persons sentenced to adult g e i k sentences.

This transfer terminates the jurisdiction of the h r i s court over the child with respect to the delinquent acts h , t, alleged in the petition.

A child upon whom an adult sentence e u g e b l e e h is invoked shall not be sentenced to life imprisonment without n d d i = = o h the possibility of release or parole.

l ] b ,d i a º e F.

If a juvenile disposition is appropriate, the r i = r t e w d m a n o court shall follow the provisions set forth in Section 32A-2-19 NMSAd 1978.m :

b e d s º o t n = .218900.1AIC March 11, 2021 (3:01pm) s k m e - 13 - e a n e d r e l u [ A d NMSA 1978.

A child fourteen years of age or older, charged with first degree murder, but not convicted of first degree murder and found to have committed a youthful offender offense as set forth in Subsection [I][I ] J of Section 32A-2-3 NMSA 1978, e t 17 is subject to the dispositions set forth in this section.

w l n d 18 H.

A child fourteen years of age or older charged = = 19 a l with first degree murder, but found to have committed a i a e r 20 delinquent act that is neither first degree murder nor a a t m m 21 youthful offender offense as set forth in Subsection [I][I ] J of d r e 22 Section 32A-2-3 NMSA 1978, shall be adjudicated as a delinquent c e s k 23 subject to the dispositions set forth in Section 32A-2-19 NMSA e a n b 24 1978." uh [ SECTION 5.

APPLICABILITY.--The provisions of this act .218900.1u -» 13r - apply retroactively to all offenders currently serving an adult t h g e l i sentence for an offense committed as a child.

h r i s - 14 - 5h 7, 9e 11h 13t 15u g e tb 17l we le , gh n d 18d i = = 19o ah l i] ab e,d ri 20 a tº m m 21 d r e 22r c= t e sw kd 23m e a n bo 24d um [: .218900.1

b r e t º o t n = .218900.1AIC March 11, 2021 (3:01pm) s k m e e a n e d r e l u [ A d