New Mexico Register / Volume XXXI, Issue 23 / December 15,
2020
NOTICE OF
POSTPONEMENT OF PUBLIC RULE HEARING
The
New Mexico Parole Board hereby gives notice as required under Section 14-4-5.2
NMSA 1978 and Rule 1.24.25.11 NMAC that it postpones its public rulemaking
hearing from December 29, 2020, to January 20, 2021 regarding the repeal and
adoption of the following rules Paragraph (8) of Subsection B of Section
31-21-25 NMSA 1978:
22.510.3.8
NMAC – POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF PAROLE,
REVOCATION OR RESCISSION OF PAROLE, AND TO THE DISCHARGE OF PAROLEE
22.510.17
NMAC – PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT
Technical
information used in drafting these proposed rules is available on the Parole
Board’s website, located at https://cd.nm.gov/divisions/parole-board/.
Purpose of proposed rules: The purpose of repealing and replacing Subsection
B of 22.510.3.8 NMAC, Policy Statement Pertaining to the Granting of Parole,
Denial of Parole, Revocation or Rescission of Parole, and to the Discharge of
Parolee, is to qualify the application of Paragraph II and to explain that it
excludes persons serving indeterminate life sentences who were under the age of
eighteen (18) at the time their crime was committed. Further, the rule
introduces the proposed new rule, 22.510.17, Parole Hearings for Youth
Sentenced in Adult Court.
The
purpose of repealing and replacing the remainder of 22.510.3 NMAC is to update
formatting of the rule to conform to current Commission of Public Records
requirements.
The
purpose of the proposed new rule 22.510.17, Parole Hearings for Youth Sentenced
in Adult Court, is to establish the procedures and processes the Parole Board
must follow regarding parole determinations involving persons serving
indeterminate life sentences who were under the age of eighteen (18) at the
time their crime was committed. The rule is designed to ensure compliance with
federal and state law while maintaining the Parole Board’s continuing
commitment to public safety and crime victim input in all proceedings. Under
recent Supreme Court precedent, state parole boards must modify their
proceedings for those serving adult sentences for crimes committed when they
were under eighteen (18) to ensure that such persons have a “meaningful
opportunity to obtain release based on demonstrated maturity and
rehabilitation.” In accordance with this precedent, the rule outlines specific
considerations the Parole Board must make regarding a person’s youth at the
time of the offense, as well as rehabilitative efforts the inmate has made
during their incarceration. In furtherance of this precedent, the rule expands
procedural safeguards to this limited class of offenders, including access to
counsel and adequate notice. The rule does not change the timing of eligibility
for parole from an indeterminate life sentence, which remains at thirty (30)
years (see NMSA 1978, Section 31-21-10). The rule provides a definitions list
for both unique and frequently used terms throughout the rule, such as
“aggravating factor,” “mitigating factor,” and “experts.” Additionally,
pursuant to NMSA 1978, Section 31-21-25, the rule protects the rights of crime
victims to be present and participate in all parole hearings. The rule will
impact a narrow class of offenders within the New Mexico Corrections
Department. At the time of the initiation of this rulemaking process,
twenty-seven (27) people are serving indeterminate life sentences for crimes
committed when they were under the age of eighteen (18). Of those, two (2) are
currently eligible for parole.
Copies
of the repealed rule and proposed new rule may be accessed on the Parole
Board’s website at https://cd.nm.gov/divisions/parole-board/, or may be
obtained from Cisco McSorley at (505) 827-8825 during regular business hours.
Notice of public rule hearing: The Parole Board is postponing the
public rule hearing from 9 a.m. to 12 p.m. on December 29, 2020, to 9 a.m. to
12 p.m. on January 20, 2021, via Zoom (link: https://zoom.us/j/96940735853?pwd=WVovMlpHVXI3Y0Y1MTlodTRObGxWdz09)
due to concerns surrounding COVID-19 and in accordance with Governor Michelle
Lujan-Grisham’s Executive Order 2020-004, Declaration of a Public Health
Emergency, and the Public Health Emergency Order to Limit Mass Gatherings due
to COVID-19. Continuous updates on
hearing changes and Zoom information will be provided on the Parole Board’s
website. The purpose of the public
hearing is to receive public input on the proposed new rules, 22.510.3 NMAC -
Policy Statement Pertaining to the Granting of Parole, Denial of Parole,
Revocation or Rescission of Parole, and to the Discharge of Parolee, and
22.510.17 NMAC, Parole Hearings for Youth Sentenced in Adult Court. At the hearing, the Parole Board will provide
a verbal summary statement on record. Attendees who wish to provide public
comment on record will be given three (3) minutes to make a statement
concerning the rule changes. Written
comment will be accepted via mail, email or fax until 5 p.m. MDT on January 20,
2021.
Individuals
with disabilities who require the above information in an alternative format or
need any form of auxiliary aid to attend or participate in the public hearing
are asked to contact Cisco McSorley at (505) 827-8825 as soon as possible
before the date set for the public hearing.
The Parole Board requires at least ten (10) days’ advance notice to
provide any special accommodations requested.
Notice of acceptance of written public
comment: Interested parties may provide comment at the
public hearing or may submit written comments by mail to Cisco McSorley, New
Mexico Parole Board, 45 Penitentiary Road, Santa Fe, N.M., 87508, by email to
cisco.mcsorley@state.nm.us, or by fax to (505) 827-8380. All written comments must be received no
later than 5 p.m. (MDT) on January 20, 2021.
The Parole Board encourages the early submission of written comments.
The public comment period is from December 15, 2020, to 5 p.m. MDT on January
20, 2021.
The
Parole Board will review all feedback received during the public comment period
and issue communication regarding a final decision at a later date.