2006 New Mexico Statutes - Section 31-21-10.1 — Sex offenders; period of parole; terms and conditions of parole.

31-21-10.1. Sex offenders; period of parole; terms and conditions of parole.

A.     If the district court sentences a sex offender to a term of incarceration in a facility designated by the corrections department, the district court shall include a provision in the judgment and sentence that specifically requires the sex offender to serve an indeterminate period of supervised parole for a period of not less than five years and not in excess of twenty years.  A sex offender’s period of supervised parole may be for a period of less than twenty years if, at a review hearing provided for in Subsection B of this section, the state is unable to prove that the sex offender should remain on parole.  Prior to placing a sex offender on parole, the board shall conduct a hearing to determine the terms and conditions of supervised parole for the sex offender.  The board may consider any relevant factors, including:

(1)     the nature and circumstances of the offense for which the sex offender was incarcerated;

(2)     the nature and circumstances of a prior sex offense committed by the sex offender;

(3)     rehabilitation efforts engaged in by the sex offender, including participation in treatment programs while incarcerated or elsewhere;

(4)     the danger to the community posed by the sex offender; and

(5)     a risk and needs assessment regarding the sex offender, developed by the sex offender management board of the New Mexico sentencing commission or another appropriate entity, to be used by appropriate parole board personnel.

B.     The board shall review the terms and conditions of a sex offender’s supervised parole at two and one-half year intervals.  When a sex offender has served the initial five years of supervised parole, the board shall also review the duration of the sex offender’s supervised parole at two and one-half year intervals.  When a sex offender has served the initial five years of supervised parole, at each review hearing the state shall bear the burden of proving to a reasonable certainty that the sex offender should remain on parole.

C.     The board may order a sex offender released on parole to abide by reasonable terms and conditions of parole, including:

(1)     being subject to intensive supervision by a parole officer of the corrections department;

(2)     participating in an outpatient or inpatient sex offender treatment program;

(3)     a parole agreement by the sex offender not to use alcohol or drugs;

(4)     a parole agreement by the sex offender not to have contact with certain persons or classes of persons; and

(5)     being subject to alcohol testing, drug testing or polygraph examinations used to determine if the sex offender is in compliance with the terms and conditions of his parole.

D.     The board shall notify the chief public defender of an upcoming parole hearing for a sex offender, and the chief public defender shall make representation available to the sex offender at the parole hearing.

E.     If the board finds that a sex offender has violated the terms and conditions of his parole, the board may revoke his parole or may order additional terms and conditions of parole.

F.     The provisions of this section shall apply to all sex offenders, except geriatric, permanently incapacitated and terminally ill inmates eligible for the medical and geriatric parole program as provided by the Parole Board Act [ 31-21-22 to 31-21-26 NMSA 1978].

G.     As used in this section, “sex offender” means a person who is convicted of, pleads guilty to or pleads nolo contendere to any one of the following offenses:

(1)     kidnapping, as provided in Section 30-4-1 NMSA 1978, when committed with intent to inflict a sexual offense upon the victim;

(2)     criminal sexual penetration in the first, second or third degree, as provided in Section 30-9-11 NMSA 1978;

(3)     criminal sexual contact of a minor in the second or third degree, as provided in Section 30-9-13 NMSA 1978;

(4)     sexual exploitation of children in the second degree, as provided in Section 30-6A-3 NMSA 1978; or

(5)     sexual exploitation of children by prostitution in the first or second degree, as provided in Section 30-6A-4 NMSA 1978.