New Mexico HB 514: PROBATION & PAROLE CHANGES

Bill Text

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HOUSE BILL 514
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Marianna Anaya and Cristina Parajón
AN ACT
RELATING TO CRIME; AMENDING DEFINITIONS IN THE PROBATION AND
PAROLE ACT; PROVIDING PROCEDURES FOR SANCTIONS FOR TECHNICAL
VIOLATIONS FOR A PAROLEE WHO VIOLATES THE CONDITIONS OF RELEASE
OR PROBATION; PROVIDING FOR THE DEVELOPMENT AND IMPLEMENTATION
OF A GRADUATED RESPONSE SYSTEM FOR PROBATION AND PAROLE
VIOLATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 31, Article 20 NMSA
1978 is enacted to read:
"[NEW MATERIAL] GRADUATED RESPONSES--TRAINING PROGRAM--
SYSTEM PLAN REPORT.--
A. The corrections department shall develop and
implement a system of graduated responses to be used in
response to behavior while on probation and parole, including
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technical violations and absconding as defined in Section
31-21-5 NMSA 1978 and positive behavior and achievements.
B. The system of graduated responses shall set
forth presumptive sanctions for the most common types of
supervision violations and take into account factors such as:
(1) the severity of the current violation;
(2) the supervised individual's previous
criminal record;
(3) the number and severity of any previous
supervision violations;
(4) the supervised individual's assessed risk
level; and
(5) the extent to which graduated sanctions
were imposed for previous violations.
C. The system shall also define positive
reinforcements that supervised individuals shall receive for
compliance with conditions of supervision.
D. The system shall clearly specify as to each type
of sanction whether the supervised individual has the option to
object and seek review of imposition of the sanction.
E. The presumptive sanctions included in the system
of graduated responses shall be exhausted prior to pursuing a
return for revocation pursuant to Sections 31-21-14 and
31-21-15 NMSA 1978.
F. The corrections department shall establish and
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maintain a program of initial and ongoing training for
probation and parole officers on the use of graduated
sanctions, including a review process as provided in Subsection
D of this section.
G. The corrections department shall present the
system plan to the legislature no later than January 1, 2026,
and the system shall be implemented no later than July 1,
2026."
SECTION 2. Section 31-21-5 NMSA 1978 (being Laws 1978,
Chapter 41, Section 1, as amended) is amended to read:
"31-21-5. DEFINITIONS.--As used in the Probation and
Parole Act:
A. "probation" means the procedure under which an
adult defendant, found guilty of a crime upon verdict or plea,
is released by the court without imprisonment under a suspended
or deferred sentence and subject to conditions;
B. "parole" means the release to the community of
an inmate of an institution by decision of the board or by
operation of law, subject to conditions imposed by the board
and to its supervision;
C. "institution" means the state penitentiary and
any other similar state institution hereinafter created;
D. "board" means the parole board;
E. "director" means the director of the adult
probation and parole division of the corrections department or
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any employee designated by the director;
F. "adult" means any person convicted of a crime by
a district court;
G. "geriatric inmate" means a person who:
(1) is serving a sentence and is confined in a
prison or other correctional institution under the control of
the corrections department;
(2) is fifty-five years of age or older;
(3) suffers from a debilitating and chronic
infirmity, illness or disease related to aging; and
(4) does not constitute a danger to the
person's own self or to society at the time of review;
H. "permanently incapacitated inmate" means a
person who:
(1) is serving a sentence and is confined in a
prison or other correctional institution under the control of
the corrections department;
(2) by reason of an existing medical condition
is permanently and irreversibly physically incapacitated; and
(3) does not constitute a danger to the
person's own self or to society at the time of review; [and]
I. "terminally ill inmate" means a person who:
(1) is serving a sentence and is confined in a
prison or other correctional institution under the control of
the corrections department;
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(2) has an incurabl