NCJ Number
56726
Date Published
1977
Length
9 pages
Annotation
A NEW DETERMINATE SENTENCING LAW IN NEW MEXICO IS EXPLAINED, AND ITS IMPLICATIONS FOR CORRECTIONS IN THE STATE ARE CONSIDERED.
Abstract
A NEW SENTENCING BILL IN NEW MEXICO (SENATE BILL 18), WHICH BECOMES EFFECTIVE JULY, 1979, PROVIDES THAT COURTS SET PRECISE PRISON SENTENCES FOR VARIOUS KINDS AND DEGREES OF OFFENSES. THIS PROVISION FOR DETERMINATE SENTENCING REPLACES THE STATE'S PRACTICE OF INDETERMINATE SENTENCING. UNDER THE NEW ACT, AN OFFENDER MUST SERVE THE SPECIFIED SENTENCE BEFORE HE IS RELEASED ON 2-YEAR MANDATORY PAROLE. WHILE 'GOOD TIME' CAN BE ACCUMULATED AT THE RATE OF 12 DAYS PER MONTH, IT WILL BE RESERVED ONLY FOR THOSE WHO CONFORM TO THE STANDARDS OF PRISON AUTHORITIES. IT IS LIKELY THAT THE EFFECT OF THIS NEW LEGISLATION, WHICH WAS APPARENTLY ENACTED IN RESPONSE TO PUBLIC PRESSURE FOR HARSHER AND MORE PREDICTABLE PUNISHMENT FOR OFFENDERS, WILL BE AN EXPANDED PRISON POPULATION. THE NEW MEXICO DEPARTMENT OF CORRECTIONS HAS ESTIMATED THAT WITH THE NEW SENTENCING LAW IN EFFECT, THE ADULT PRISON POPULATION COULD BE BETWEEN 5,000 AND 6,000 INMATES BY 1985, COMPARED TO A CURRENT POPULATION OF APPROXIMATELY 1500. IT WILL TAKE FROM 215 MILLION TO 315 MILLION DOLLARS TO HOUSE HUMANELY THIS EXPANDED PRISON POPULATION. WITH MORE FREQUENT AND LONGER PRISON TERMS, IT IS TO BE EXPECTED THAT THE DEBILITATING AND CRIMINALIZING EFFECTS OF PRISON WILL AGGRAVATE, RATHER THAN DECREASE, CRIME RATES. THE NEED FOR QUALITY INMATE REHABILITATION PROGRAMS WILL INCREASE WHILE THE DOLLARS AVAILABLE FOR SUCH PROGRAMS MAY DECREASE. IF THE REHABILITATION GOALS OF CORRECTIONS ARE NOT TO BE UNDERMINED BY RECENT TRENDS IN PUBLIC ATTITUDES AND POLITICAL EXPEDIENCY, PROFESSIONALS AND CITIZENS WHO RECOGNIZE THE IMPORTANCE OF PROVIDING JOB TRAINING, EDUCATIONAL IMPROVEMENT, AND POSTRELEASE COMMUNITY SUPPORT FOR EX-OFFENDERS MUST INFLUENCE THE POLITICAL PROCESS IN THESE DIRECTIONS.