I i I Michelle llujan Grisham Governor April 4, 2019 I EXECUTIVE MESSAGE N0. 28 The Honorable Brian Egelf, Speaker of the House and Members of the House of Representatives State Capitol Building Santa Fe, NM STSDI Honorable Speaker Egolf and Members of the House: Pursuant to my authority under Article IV, Section 22 of the New Mexico Constitution, 1 have vetoed HOUSE BILL 564, as amended 564?), enacted by the Fifty-Fourth Legislature, First Session, 2019. This bill is predicated on sound policy considerations. Many states have enacted probation and parole reforms that have improved public safety, reduced recidivism rates, and decreased taxpayer costs by prioritizing limited prison space for dangerous criminals. As one example, since enacting criminal justice reforms in 2011, North Carolina has closed ten prisons and reduced their prison population by 3,400 people. HB 564 represents a good step in that direction. However, it is crucial that all stakeholders participate in the necessary discussion that New Mexicans are having about criminal justice reform, including reforms to the probation and parole system. After HB 564 was passed, the Of?ce of the Attorney General and the New Mexico District Attorney?s Association sent a letter to my of?ce expressing concerns about HB 564 and its potential consequences. As HB 564?s sponsors have noted, the DAG and NMDAA did not propose any amendments to BB 564 when the bill was being drafted and debated. Although I do not agree with many of their characterizations of HB 564 or when they chose to express their concerns, I have vetoed HB 564 to provide another opportunity for these stakeholders to weigh in on the important issues addressed by the bill. Being tough on crime is not inconsistent with being smart on crime, and our government needs to be both. That is why I intend to bring all of the stakeholders together prior to the next legislative session to discuss parole and probation reforms and to seek common ground with respect to the concerns expressed by the GAG and NMDAA. I fully expect that the OAG and NMDAA will take this opportunity to develop policies to address these important issues. State Capitol Roomaoo SantaFe,NewMe:oco8ysor - jog-47612oo Respectfully yours, Michelle Lujan Grish Governor RECEIVED FROM THE OFFICE OF THE GOVERNO - i ?4 Time: . Date: 2019 A 3 By . ?3 Secretary of State Time: am. In Date: 2019 By Chief Clerk of the House The Legislature of the State of New Mexico 54th Legislature, 1st Session LAWS 2019 CHAPTER HOUSE BILL 564, as amended mullni'l?jl'lfllullnl Introduced by REPRESENTATIVE ANTONIO MAESTAS REPRESENTATIVE GAIL CHASEY SENATOR SANDER RUE ACT RELATING TO PROBATION AND PROVIDING CLARIFICATION AND GUIDANCE FOR PROBATION AND ALLOWING FOR A PERSON 0N PROBATION TO HAVE THE TIME REQUIRED FOR PROBATION TO BE DECREASED FOR GOOD REPEALING SECTION 31?21?25.1 NMSA 1978 (BEING LAWS 1994, CHAPTER 21, SECTION 3). BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 31?20?5 NMSA 19?8 (being Laws 1963, Chapter 303, Section 29?17, as amended} is amended to read: "31?20?5. PLACING DEFENDANT ON A. The purpose of probation is to enforce victim restitution, hold persons accountable for their criminal conduct, promote a person's reintegration into lawsabiding society and reduce the risks that the person will commit new offenses. When a person has been convicted of a crime for which a sentence of imprisonment is authorized and when the court has deferred or suspended sentence, it shall order the defendant to be placed on probation for all or some portion of the period of deferment or suspension if the defendant is in need of supervision, guidance or direction that is feasible for the corrections department to furnish. B. Except for sex offenders as provided in Section NMSA 1978, the total period of probation for district court shall not exceed five years and the total HE 564/3 Page 1 period of probation for the magistrate or metropolitan courts shall be no longer than the maximum allowable incarceration time for the offense at the time of sentencing or as otherwise provided by law. C. The court shall consult a validated risk and needs assessment, if provided by the corrections department, when deciding what conditions of probation to impose. D. If a defendant is required to serve a period of probation subsequent to a period of incarceration: the period of probation shall be served subsequent to any required period of parole, with the time served on parole credited as time served on the period of probation and the conditions of probation imposed by the court deemed as additional conditions of parole; and (2) if the defendant violates any condition of that parole and the violation is not sanctioned pursuant to the provisions of Section 10 of this 2019 act, the parole board shall cause the defendant to be brought before it pursuant to the provisions of Section 31?21?14 NMSA 1978 and may make any disposition authorized pursuant to that section and, if parole is revoked, the period of parole served in the custody of a correctional facility shall not be credited as time served on probation. E. A person, except a person convicted of a sex offense provided in Subsection I of Section NMSA HB 564fa Page 2 45W 1978 or a serious violent offense provided in Subparagraphs through of Paragraph (4) of Subsection of Section 33-2?34 NMSA 1978, who has been placed on supervised probation by a district or magistrate court judge as provided_ for in this section shall, after one year spent on supervised probation, have thirty days of the person's supervised probation changed to unsupervised probation for every thirty days served without a probation violation; provided that a person shall not be eligible for a reduction in supervised probation time under this subsection if the person is on parole and has time on parole credited toward probation time pursuant to Paragraph (1) of Subsection of this section." SECTION 2. Section 31?21-4 NMSA 1978 (being Laws 1955, Chapter 232, Section 2, as amended} is amended to read: "31?21-4. CONSTRUCTION AND PURPOSE OF A. The Probation and Parole Act shall be liberally construed to the end that the treatment_of persons convicted of crime shall take into consideration their individual characteristics, circumstances and assessment of risk and needs and that such persons shall be dealt with in the community by a uniformly organized system of constructive rehabilitation under probation supervision instead of in an institution or under parole supervision.when a period of institutional treatment is deemed essential in the light of the needs of public safety and their own welfare. HB 554ja Page 3 The corrections department shall: (1) operate probation and parole supervision based upon application of a validated risk and needs assessment and principles of effective intervention to reduce criminogenic risk and needs factors; (2) focus supervision resources on the initial period of release or placement on probation; recommend and enforce conditions that include cognitive?behavioral programming to address criminal thinking and address basic needs and transitional requirements, such as housing, employment, medical and mental health services and transportation; and (4) apply a consistent system of incentives and graduated sanctions to respond to positive and negative behavior by probationers and parolees under supervision." SECTION 3. Section 31?21?5 NMSA 19?3 (being Laws 1978, Chapter 41, Section 1, as amended) is amended to read: "31?21-5. used in the Probation and Parole Act: A. "absconding" means that a person under supervision deliberately makes the person's whereabouts unknown to the person's probation or parole officer or fails to report for the purposes of avbiding supervision, and reasonable efforts by the probation and parole officer to HE 56413 Page 4 locate the person have been unsuccessful; B. "adult" means any person convicted of a crime by a district court; C. "board" means the parole board; D. "director" means the director of the adult probation and parole division of the corrections department or any employee designated by the director; E. "geriatric inmate" means a person who: (1) is under sentence to or confined in a prison or other correctional institution under the control of the corrections department; (2) is sixty-five years of age or older; (3) suffers from a chronic infirmity, illness or disease related to aging; and does not constitute a danger to the person?s own self or to society; F. "institution" means the state penitentiary and any other similar state institution; G. "non?technical violation" means absconding or arrest for a new felony or misdemeanor; H. "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; I. "permanently incapacitated inmate" means a HB 554fa Page 5 person who: (1) is under sentence to or 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; J. "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; K. "technical violation" means a violation of the conditions of probation or parole supervision other than arrest for a new felony or misdemeanor offense or absconding; and. I L. "terminally ill inmate" means a person who: (1) is under sentence or confined in a prison or other correctional institution under the control of the corrections department; (2) has an incurable condition caused by illness or disease that would, Within reasonable medical judgment, produce death within six months; and (3) does not constitute a danger to the HB 564/a Page 6 person's own self or to society." SECTION 4. Section 31?21?9 NMSA 19?8 (being Laws 19?2, Chapter Section is amended to read: ?31?21?9. PRESENTENCE A. Upon the order of any court, the director shall prepare a presentence report that shall include the state personal identification number, victim impact information, record of prior convictions and the results of any validated risk and needs assessments that may have been administered, and such other information as the court may request. B. All local and state law enforcement agencies shall furnish to the director any requested criminal records." SECTION 5. Section 31?21?10 NMSA 1978 (being Laws 1980, Chapter 28, Section 1, as amended) is amended to read: "31?21?10. PAROLE AUTHORITY AND A. An inmate of an institution who was sentenced to life imprisonment becomes eligible a parole hearing after the inmate has served thirty years of the sentence. Before ordering the parole of an inmate sentenced to life imprisonment, the board shall: (1) interview the inmate at the institution where the inmate is committed; (2) consider all pertinent information concerning the inmate; HB 554ja Page 7 (3) make a finding that a parole is in the best interest of society and the inmate; and make a finding that the inmate is able and willing to fulfill the obligations of a law?abiding citizen. B. After a hearing, the board shall enter specific findings in support of its decision and deliver the findings in.writing to the inmate. C. If parole is denied, the inmate sentenced to life imprisonment shall again become entitled to a parole hearing at two?year intervals. The board may, on its own motion, reopen any.case in which a hearing has already been granted and parole denied. D. Unless the board finds that it is in the best interest of society and the parolee to reduce the period of parole, a person who was sentenced to life imprisonment shall be required to undergo a minimum period of parole of five years. During the period of parole, the person shall be under the guidance and supervision of the board. E. Only an inmate of an institution who was sentenced to life imprisonment without possibility of release or parole is ineligible for parole and shall remain incarcerated for the entirety of the inmate's natural life. F. Except for certain sex offenders as provided in Section 31?21?10.l NMSA 1978, an inmate who was convicted of Hg 564ia Page 8 first, second or third degree felony and who has served the sentence of imprisonment imposed by the court in an institution designated by the corrections department that exceeds one year or has agreed and been ordered to serve a period of parole by the court shall be required to undergo a two?year period of parole. An inmate who was convicted of a fourth degree felony and who has served a sentence of imprisonment imposed by the court in an institution designated by the corrections department that exceeds one year or has agreed and been ordered to serve a period of parole by the court shall be required to undergo a one?year period of parole. During the period of parole, the person shall be under the guidance and supervision of the board. G. Every person while on parole shall remain in the legal custody of the institution from which the person was released, but shall be subject to the orders of the board. The board shall consult a validated risk and needs assessment, if provided by the corrections department, when deciding what conditions of parole to impose. The board shall furnish to each inmate as a prerequisite to release under its supervision a written statement of the conditions of parole that shall be accepted and agreed to by the inmate as evidenced by the inmate's signature affixed to a duplicate copy to be retained in the files of the board. The board shall also require as a prerequisite to release the HB 564Ia Page 9 submission and approval of a parole plan. If an inmate refuses to affix the inmate's signature to the written statement of the conditions of parole or does not have an approved parole plan, the inmate shall not he released and shall remain in the custody of the institution in which the inmate has served the inmate's sentence, excepting parole, until such time as the period of parole the inmate was required to serve, less meritorious deductions, if any, expires, at which time the inmate shall be released from that institution without parole, or until such time that the inmate evidences acceptance and agreement to the conditions of parole as required or receives approval for the inmate's parole plan or both. Time served from the date that an inmate refuses to accept and agree to the conditions of parole or fails to receive approval for the inmate's parole plan shall reduce the period, if any, to he served under parole at a later date. If the district court has ordered than the inmate make restitution to a victim as provided in Section 31?11?1 NMSA 19?8, the board shall include restitution as a condition of parole. The board shall also apprise the inmate in person of the conditions of parole and the inmate's duties relating thereto. H. When a person on parole has performed the obligations of the personds release for the period of parole provided in this section, the board shall make a final order HB 564ia Page 10 comm discharge and issue the person a certificate of discharge. 1. Pursuant to the provisions of Section 31?18-15 NMSA 1973, the board shall require the inmate as a condition of parole: (1) to pay the actual costs of parole services to the adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in installments of not less than twenty?five dollars ($25.00) and not more than one hundred fifty dollars as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant?s payment of the supervised parole costs shall not be waived unless the board holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the board waives the defendant's payment of the supervised parole costs and the defendant?s financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the board and the board shall hold an evidentiary hearing to determine whether the waiver should be rescinded; and (2) to reimburse a law enforcement agency or HR 554fa Page 11 local crime stopper program for the amount of any reward paid by the agency or program for information leading to the inmate's arrest, prosecution or conviction. J. The provisions of this section shall apply to all inmates except geriatric, permanently incapacitated and terminally ill inmates eligible for the medical and geriatric parole program.? SECTION 6. Section 31?21?13.1 NMSA 19?8 (being Laws 1988, Chapter 62, Section 3, as amended) is amended to read: INTENSIVE SUPERVISION A. As used in this section, "intensive supervision programs" means programs that provide highly structured and intense supervision, with stringent reporting requirements, of certain individuals who represent an excessively high assessment of risk of violation of probation or parole, emphasize meaningful rehabilitative activities and reasonable alternatives without seriously increasing the.risk of recidivist crime and facilitate the payment of restitution by the offender to the victim. "Intensive supervision programs" includes house arrest programs or electronic surveillance programs or both. E. The corrections department shall implement and operate intensive supervision programs in various local communities. The programs shall provide services for appropriate individuals by probation and parole officers of HB 55afa Page 12 the corrections department. The corrections department shall promulgate rules to provide that the officers providing these services have the training, resources and case loads that enable them to operate effectively and to provide for offender selection and other criteria. The corrections department may cooperate with all recognized law enforcement authorities and share all necessary and pertinent information, records or documents regarding probationers or parolees in order to implement and operate these intensive supervision programs. C. For purposes of this section, a judge contemplating imposition of an intensive supervision program for an individual shall consult with the adult probation and parole division of the corrections department and review the results of the validated risk and needs assessment. The adult probation and parole division of the corrections department shall recommend only those individuals who score as high risk and who would have otherwise been recommended for incarceration for intensive supervision programs. A judge has discretion to impose an intensive supervision program for an individual, regardless of recommendations made by the adult probation and parole division, only if a validated risk and needs assessment has been provided to the judge and considered in the decision to impose an intensive supervision program. Inmates eligible for parole or within HB 564fa Page 13 twelve months of eligibility for parole, or inmates who would otherwise remain in a correctional institution for lack of a parole plan or those parolees whose parole the board would otherwise revoke, are eligible for intensive supervision programs. The provisions of this section do not limit or reduce the statutory authority vested in probation and parole supervision as defined by any other section of the Probation and Parole Act. D. There is created in the state treasury the "corrections department intensive supervision fund" to be administered by the corrections department upon vouchers signed by the secretary of corrections. Balances in the corrections department intensive supervision fund shall not revert to the general fund. Beginning July 1, 1988, the intensive supervision programs established pursuant to this section shall be funded by those supervision costs collected pursuant to the provisions of Sections 31?20?6 and 31?21?10 The corrections department is specifically authorized to hire additional permanent or term full-time? equivalent positions for the purpose of implementing the provisions of this section." SECTION 7. Section 31?21?14 NMSA 19?8 (being Laws 1955, Chapter 232, Section 17, as amended) is amended to read: "31-21?14. PAROLE VIOLATIONS.-- A. At any time during release on parole: HB 564fa Page 14 (1) the board or the director may issue a warrant for the arrest of the parolee to answer a charge of a non?technical violation. The warrant shall authorize the warden of the institution from which the parolee was released to return the parolee to the physical custody of the institution or to any other detention facility designated by the board or the director. If the parolee is out of the state, the warrant shall authorize the warden to return the parolee to the state; or (2) the director may arrest the parolee without a warrant or may deputize an officer with power of arrest to do so by giving the officer a written statement that the parolee has, in the judgment of the director, committed a non-technical violation. Where an arrest is made without a warrant, the parolee shall not be returned to the institution unless authorized by the director or the board. . B. Pending hearing as provided by law upon a charge of non-technical violation, the parolee shall remajn incarcerated in the institution. C. Upon arrest and detention for a non?technical violation, the board shall cause the parolee to be brought before it for a parole revocation hearing on the non? technical violation charged, under rules the beard may adopt. D. If the non-technical violation is established, the board may continue or revoke the parole, impose detention HB 564/3 Page 15 fixed term up to ninety days, which shall be counted as time served under the sentence, or enter any other order as it sees fit. E. A paroles for whose return a warrant has been issued shall, if it is found that the warrant cannot be served, be a fugitive from justice. F. If it appears that the paroles has committed a non?technical violation, the board shall determine whether the time from the date of the violation to the date of the paroles's arrest, or any part of it, shall be counted as time served under the sentence. G. At any time during release on parole, the board or the director may issue a notice to appear to answer a charge of a technical violation. The notice shall be served personally upon the paroles and shall initiate a technical violation process in accordance with Section 11 of this 2019 act." SECTION 3. Section 31?21?15 NMSA 19?8 (being Laws 1963, Chapter 301, Section 13, as amended by Laws 2016, Chapter Section 1 and by Laws 2016, Chapter 31, Section 1) is amended to read: "31?21-15. PROBATION a. At any time during probation: the court may issue a warrant for the arrest of a probationer for a non-technical violation. The HR 564fa Page 16 warrant shall authorize the return of the probationer to the physical custody of the court or to any other detention facility designated by the court; or (2) the director may arrest a probationer without a warrant or may deputize an officer with power of arrest to do so by giving the officer a written statement that the probationer has, in the judgment of the director, committed a non~technical violation. The written statement, delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention, is sufficient warrant for the detention of the probationer. B. Upon the probationer?s arrest and detention for a non-technical violation: (1) the director shall immediately notify the court and submit in writing a report describing the manner in which the probationer has violated the conditions of release; and a (2) the court shall hold a probation revocation hearing on the non?technical violation charged. C. If the non-technical violation is established at the probation revocation hearing, the court may continue or revoke the probation, impose detention for a fixed term up to ninety days, which shall be counted as time served under the sentence, or enter any other order as it sees fit. HE 564fa Page 17 {.any time during probation, the court may issue a notice to appear to answer a charge of technical violation. The notice shall be personally served upon the probationer and shall initiate a technical violation hearing. E. If the technical violation is established before the court at a technical violation hearing, the sanction for the technical violation shall be commensurate with the seriousness of the violation and not a punishment for the offense for which the probationer was placed on probation, and the court may: (1) continue the original probation; (2) revoke the probation and either: order a new probation with any condition provided for in Section 31?20?5 or 31-20~6 NMSA 19?8; or require the probationer to serve the balance of the sentence imposed or any lesser sentence; or a (3) if imposition of sentence was deferred, impose any sentence that might originally have been imposed, but credit shall be given for time served on probation. F. If it is found that a warrant for the return of a probationer cannot be served, the probationer is a fugitive from.justice. G. After the hearing, if it appears that the HB 56?fa Page 18 bum probationer has violated the provisions of the probationer's release, the court shall determine whether the time from the date of violation to the date of the probationer's arrest, or any part of it, shall be counted as time served on probation. H. For the purposes of this section, ?probationer? means a person convicted of a crime by a court and released without imprisonment under a suspended or deferred sentence and subject to conditions. I. The board shall budget funds to cover expenses of returning probationers to the court. J. The sheriff of the county in which the probationer was convicted is the court's agent in the transportation of the probationer, but the director, with the consent of the court, may utilize other state agencies for this purpose when it is in the best interest of the state." SECTION 9. Section 31?21?1?.1 NMSA 19?8 (being Laws 1994, Chapter 21, Section.2) is amended to read: MEDICAL OR GERIATRIC DUTIES OF THE OF THE BOA A. The corrections department shall promulgate rules and shall implement a "medical and geriatric parole program", including the form of an application for medical or geriatric parole. B. The director shall identify geriatric, permanently incapacitated and terminally ill inmates and HB 5641a Page 19 authorize the release of those inmates who are eligible for medical or geriatric parole and notify those inmates of the opportunity to apply for medical or geriatric parole. Upon receiving an application, the director shall determine within sixty days whether to recommend an inmate for medical or geriatric parole. The recommendation shall include the inmate's age, medical history and prognosis, if applicable, institutional behavior and adjustment. When the director recommends an inmate for medical or geriatric parole, the director shall submit a statement to the board that the inmate's release is not incompatible with the welfare of society. C. Inmates who have not served their minimum sentences may be considered eligible for parole under the medical and geriatric parole program. Medical and geriatric parole consideration shall be in addition to any other parole for which a geriatric, permanently incapacitated or terminally ill inmate may be eligible. B. When considering an inmate for medical or geriatric parole, the director may request that reasonable medical and mental health examinations be conducted. E. When determining an inmate?s eligibility for geriatric or medical parole, the director shall consider the following criteria concerning the inmate: (1) age; HB 564Ia Page 20 (2) severity of illness, disease or infirmities; comprehensive health evaluation; institutional behavior; (5) level of risk for violence; and (6) alternatives to maintaining the geriatric, permanently incapacitated or terminally ill inmate in traditional settings. F. The parole term of the geriatric, permanently incapacitated or terminally ill inmate on medical or geriatric parole shall be for the remainder of the inmate's sentence, without diminution of sentence for good behavior. G. The board shall release an inmate on medical or geriatric parole upon recommendation from the director unless the parole board finds by clear and convincing evidence that the inmate's release is incompatible with the welfare of society and states in writing its reason for the finding. The board may not deny medical or geriatric parole solely because of the inmate?s criminal history." SECTION 10. A new section of the Probation and Parole Act is enacted to read: FOR TECHNICAL A. The corrections department shall create, maintain and fully implement an incentives and sanctions system to guide responses to negative and positive behavior HB ??afa Page 21 probationers and parolees under supervision by the department. The system shall provide for graduated responses to technical violations of supervision conditions, in a swift, certain and proportional manner, and include guidance and procedures to determine when and how to: (1) request a warrant; (2) initiate a hearing; and (3) seek departmental approval to use custodial interventions. B. To implement and continuously improve the incentives and sanctions system, the corrections department shall: (1) provide information and training on the system for probation and parole officers, supervisors and members and staff of the board; (2) offer information and training on the system to judges, prosecution and defense attorneys, law enforcement personnel, detention center personnel, contracted service providers and other interested personnel; (3) review the system at least every five years to ensure that it adheres to evidence?based practices and that the use of sanctions and incentives by probation and parole officers is consistent across the state; (4) ensure that the guidance and procedures established by the system consider community safety and the HB 564la Page 22 needs of the victim and offender; (5) collect data relating to placement decisions based on the system; and (6) aggregate collected data and provide a report to the appropriate legislative interim committee dealing with courts, corrections and justice issues every two years. C. A probation or parole officer who reasonably believes that a probationer or parolee has committed one or more technical violations that require a sanction shall consult the incentives and sanctions system to determine an appropriate response. Consistent with the system, the officer may impose a non?detention sanction to gain the person's compliance with the conditions of probation or parole. D. Graduated sanctions for technical violations may include three?day and seven-day detention in a county jail or other place of detention. Sanctions served in detention shall be counted as time served under the sentence. E. The incentives and sanctions system shall apply to persons whose probation or parole commences subsequent to the effective date of this 2019 act and to all persons on probation or parole on the effective date of this 2019 act." SECTION 11. A new section of the Probation and Parole HB 5641a Page 23 enacted to read: A. If a probation or parole officer Seeks to impose detention for a technical violation, the officer shall review the violation and proposed detention with a supervisor. B. With supervisory approval, the probation or parole officer shall review the violation and proposed detention with the probationer or paroles and seek a signed waiver from the probationer or parolee that acknowledges the violation and accepts the proposed detention. C. If the waiver is rejected, the probation or parole officer shall report the alleged violation to the court, board or hearing officer, as appropriate, and proceed to formal resolution. D. The officer's written report of a technical violation shall include the officer's recommendation and justification as to final action or resolution of the situation. The officer's recommendation is not binding on the court." SECTION 12. 31u21-25.l NMSA 1978 {being Laws 1994, Chapter 21, Section 3) is repealed. SECTION 13. provisions of Section 5 of this act apply to a person serving a term of incarceration on January 1, 2020 and to a person whose term HB 564fa Page 24 incarceration commences on or after January 1, 2020. SECTION 14. EFFECTIVE effective date of the provisions of this act is January 1, 2020. HB 56?fa Page 25 s/Brian Egolf Brian Egolf, Speaker House of Representatives leisa M. Ortiz MoCutcheon Lisa M. Ortiz MoCutoheon, Chief Clerk House of Representatives sfHowie C. Morales Howie C. Morales, President Senate s/Lenore M. Naranio Lenore M. Naranjo, Chief Clerk Senate Approved by me this day of 2019 sfMiohelle Luian Grisham Michelle Lujan Grisham, Governor State of New Mexico