Summary:

 Senate Bill 229815 relates to parole and amends factors to be considered by the parole board when considering parole of an inmate sentenced to life imprisonment.  The bill amends the appointment and removal process of parole board members and also provides for the conscientious scheduling of parole hearings in homicide cases.  

Legislation Overview:

 Senate Bill 229815 makes three main changes relating to parole and the parole board. 
First, the bill amends Section 31-21-10 NMSA 1978 regarding the factors that need to be considered by the parole board when considering whether to parole an inmate who is serving a life sentence.  An inmate serving a life sentence becomes eligible parole after serving 30 years of the sentence.  The bill adds that the parole board must also consider the inmate’s risk and readiness for release, which is demonstrated by whether the inmate substantially complied with prison rules and whether the inmate has participated in or completed educational, vocational, or other programs.  The board must also consider whether the inmate has demonstrated the maturity, rehabilitation and fitness to reenter society, and must hear from the family or representative of the victim, if they choose to participate. The bill removes the requirement that the board consider whether the inmate is a habitual offender and replaces it with the requirement to consider the inmate’s relevant criminal history.  
Second, the bill amends Section 31-21-24 NMSA 1978 regarding the appointment and removal process of a parole board member.  The bill removes the requirement that parole board members need to be confirmed by the senate and removes the ability of the governor to remove members without cause.  Instead, parole board members may only be removed for incompetence, neglect of duty, or malfeasance in office.  Both the board and the governor can initiate a proceeding to remove a member, and the member must be notified of the hearing and an opportunity to be heard.  The supreme court has jurisdiction over the removal proceeding.  The bill further provides that a member can be impeached under Article 4, Section 36 of the New Mexico constitution (which provides that state officers and judges can be impeached for crimes, misdemeanors, and malfeasance in office).  

The bill also amends this section by clarifying that board members receive per diem for a scheduled board meeting or hearing.  
Third, the bill enacts a new section of law regarding the conscientious scheduling of certain parole hearings. The bill prohibits, as far as practicable, the parole board from scheduling a hearing in homicide cases on the anniversary of the birth or death of the victim.  
 

Current Law:

 Currently, before ordering the parole of an inmate serving a life sentence, the parole board must interview the inmate, consider whether the inmate was a habitual offender, review presentence reports, and physical and mental reports.    The board must also make a finding that parole is in the best interest of society and the inmate and find that the inmate is able and willing to be a law-abiding citizen. 
Currently, the governor appoints a member to the parole board and the senate must confirm that appointment, and the governor is able to remove the member without cause.  
There is currently no law prohibiting the parole board from scheduling parole hearings for homicide cases on the anniversary of the birth or death of the victim.