The bill amends Section 31-18-15.1 of the New Mexico Statutes to allow for the alteration of a basic sentence based on a court's finding of mitigating circumstances. Specifically, it introduces the requirement that a judge must find "clear and convincing evidence of any mitigating circumstances surrounding the offense or concerning the offender" before altering a basic sentence. This addition emphasizes the importance of considering mitigating factors in sentencing decisions, alongside the existing provision that allows for alterations based on aggravating circumstances found beyond a reasonable doubt.

Additionally, the bill outlines the procedures for determining aggravating circumstances, including the requirement for the state to provide notice of its intent to seek an increase in the basic sentence based on such circumstances at least five days prior to trial or sentencing. It also clarifies that certain factors, such as the use of a firearm or prior felony convictions, shall not be considered aggravating circumstances. The judge is tasked with issuing a brief statement of reasons for any alterations made to the basic sentence, which must be included in the case record. Overall, the bill aims to create a more structured approach to sentencing by ensuring that both mitigating and aggravating circumstances are carefully evaluated.

Statutes affected:
introduced version: 31-18-15.1