Chapter 31, Chapter 31

imprisonment; maximum or minimum.] In all penal statutes of the state where by the terms of such statutes a definite punishment of imprisonment in the penitentiary is prescribed the time of such imprisonment in such statute shall be construed to be the maximum of imprisonment, un…

A. Except as provided in Section 31-21-10.2 NMSA 1978, an inmate of an institution who was sentenced to life imprisonment becomes eligible for a parole hearing after the inmate has served thirty years of the sentence, which shall be construed as the retributive portion of the lif…

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 indetermi…

A. Unless subject to earlier eligibility for parole pursuant to another provision of law, a serious youthful offender sentenced pursuant to Section 31-18-15.3 NMSA 1978 or a youthful offender sentenced as an adult pursuant to Section 32A-2-20 NMSA 1978 shall be eligible for parol…

hospitalization and treatment. Prisoners who are otherwise eligible for parole may be paroled to detainers to serve another sentence within the penitentiary or to the forensic treatment or alcohol treatment unit of the New Mexico behavioral health institute at Las Vegas or to any…

A. Any prisoner who is released by authority of the governor under any conditional release or other disposition made under the pardoning power, other than full pardon, shall, upon release, be deemed as released on parole until the expiration of the basic term or terms of imprison…

It shall be the duty of all prison officials to grant to the members of the board, or its properly accredited representatives, access at all reasonable times to any prisoner over whom the board has jurisdiction under this act [31-21-3 to 31-21-19 NMSA 1978], to provide for the bo…

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 paro…

A. At any time during release on parole the board or the director may issue a warrant for the arrest of the released prisoner for violation of any of the conditions of release, or issue a notice to appear to answer a charge of violation. The notice shall be served personally upon…

A. At any time during probation: (1) the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of release. The warrant shall authorize the return of the probationer to the custody of the court or to any suitable detention facility design…

On request of the governor the board shall investigate and report to him with respect to any case of pardon, commutation of sentence or reprieve. History: 1953 Comp., § 41-17-31, enacted by Laws 1955, ch. 232, § 20.

corrections department; duties of the board. A. The corrections department shall promulgate rules and implement a medical and geriatric parole program, including the application form for medical or geriatric parole. B. An inmate who is geriatric, permanently incapacitated or term…

The provisions of the Probation and Parole Act [31-21-3 NMSA 1978] apply to all persons who, at the effective date, are on probation or parole, or eligible to be placed on probation or parole under existing laws, with the same effect as if the act had been in operation at the tim…

The board, in its discretion and with the written consent of the governor, may accept from the United States or any of its agencies, and from any state of the United States, advisory services, funds, equipment and supplies available to this state for any of the purposes contempla…

on release from correctional facility. Upon the release of any prisoner from a correctional facility of the corrections department: A. the superintendent shall provide him with suitable clothing as required and: (1) in the case of release on parole, transportation to his place of…

The director shall obtain from each district court statistical data regarding dispositions of all defendants, whether found guilty or discharged. History: 1953 Comp., § 41-17-35, enacted by Laws 1963, ch. 301, § 16.

The board shall adopt general regulations concerning the conditions of probation which apply in the absence of specific conditions imposed by the court. All probationers are subject to supervision of the board unless otherwise specifically ordered by the court in the particular c…

Sections 31-21-22 through 31-21-26 NMSA 1978 may be cited as the "Parole Board Act". History: 1953 Comp., § 41-17-37, enacted by Laws 1975, ch. 194, § 1; 1978 Comp., § 31-21-22; 2026, ch. 22, § 2.

The purpose of the Parole Board Act [31-21-22 to 31-21-26 NMSA 1978] is to create a professional parole board. History: 1953 Comp., § 41-17-38, enacted by Laws 1975, ch. 194, § 2; 1999, ch. 202, § 2.

qualifications; compensation; organization. A. The "parole board" is created, consisting of fifteen members appointed by the governor with the consent of the senate. B. The terms of the members of the parole board shall be six years. To provide for staggered terms, five members s…

A. The parole board shall have the powers and duties of the former state board of probation and parole pursuant to Sections 31-21-6 and 31-21-10 through 31-21-17 NMSA 1978 and such additional powers and duties relating to the parole of adults as are enumerated in this section. B.…

In cases of homicide, the parole board shall not schedule a hearing on the anniversary of the birth or death of the person or persons whose death is the basis for the homicide conviction, when practicable. History: 1978 Comp., § 31-21-25.2, enacted by Laws 2026, ch. 22, § 4.

A. The records, property, equipment and unencumbered and unexpended funds previously belonging to or appropriated for the use of the former parole hearing board shall become, on the effective date of the Parole Board Act [31-21-22 to 31-21-26 NMSA 1978], a part of the property of…

supervision. A. The corrections department shall develop criteria regarding the eligibility of an inmate for early release into a reentry drug court program, including requirements that the inmate: (1) was incarcerated following conviction for a nonviolent, drug-related offense; …

Sections 31-21-3 through 31-21-19 NMSA 1978 may be cited as the "Probation and Parole Act". History: 1953 Comp., § 41-17-12, enacted by Laws 1955, ch. 232, § 1; 1963, ch. 301, § 1.

The Probation and Parole Act [31-21-3 to 31-21-19 NMSA 1978] shall be liberally construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by case study,…

As used in the Probation and Parole Act: A. "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; B. "parole" me…

All social records, including presentence reports, pre-parole reports and supervision histories, obtained by the board are privileged and shall not be disclosed directly or indirectly to anyone other than the board, director, sentencing guidelines commission or sentencing judge, …

The director shall: A. provide probation and parole services and supervise probationers and parolees; B. assign officers to serve in each judicial district. Selection and assignment of officers to each judicial district shall be made by the director; C. obtain office quarters for…

convicts on probation and parole. The director is the administrator of interstate compacts relating to convicts on probation and parole. History: 1953 Comp., § 41-17-21.1, enacted by Laws 1959, ch. 33, § 1; 1977, ch. 257, § 57.

A. Upon the order of any district or magistrate court, the director shall prepare a presentence report which shall include such information as the court may request. B. Upon the order of any district court the director shall prepare a prerelease report which the court shall use t…

Chapter 31, Article 22 NMSA 1978 may be cited as the "Crime Victims Reparation Act". History: Laws 1981, ch. 325, § 1; 1993, ch. 207, § 1.

Except for amounts payable pursuant to Subsection D of Section 31-22-9 NMSA 1978, no reparation shall be awarded if the victim: A. was a member of the offender's family relationship group where payment of reparation would unjustly enrich the offender; or B. was an accomplice of t…

No award shall be made pursuant to the provisions of the Crime Victims Reparation Act to a victim injured while confined in a county or municipal jail, penitentiary or other correctional facility. History: Laws 1981, ch. 325, § 11.

Whenever an award of reparation is made pursuant to the Crime Victims Reparation Act, the state is, upon payment of the award, subrogated to the right of action of the victim or his dependents against the person responsible for the injury or death and may bring an action against …

Any order for the payment of reparation under the Crime Victims Reparation Act may be made on such terms as the commission deems appropriate. The order may provide for apportionment of reparation or for the holding of reparation or any part thereof in trust and for the payment of…

award. A. No order for the payment of reparation shall be made unless application has been made within two years after the date of the injury or death and the injury or death was the result of a crime enumerated in Section 31-22-8 NMSA 1978. An application for reparation shall be…

No reparation payable under the Crime Victims Reparation Act shall be, prior to its actual receipt by the victim or dependents entitled thereto or their legal representatives, assignable or subject to garnishment, execution, attachment or other process whatsoever, including proce…

The rights to reparation created by the Crime Victims Reparation Act are personal and shall not survive the death of the victim or dependents entitled thereto; provided that if such death occurs after an application for reparation has been filed with the commission, the proceedin…

In performance of its functions the commission may adopt, amend and repeal rules and regulations in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], not inconsistent with the Crime Victims Reparation Act, prescribing procedures to be followed in the filing o…

Any record or report acquired by the commission, the confidentiality of which is protected by law, rule or regulation, shall be disclosed only under the same terms and conditions which protected its confidentiality prior to such acquisition. The claim file, which contains confide…

At least thirty days prior to the convening of each regular session of the legislature, the commission shall transmit to the governor, the department of finance and administration and the legislature a report of its activities under the Crime Victims Reparation Act. The departmen…

The purpose of the Crime Victims Reparation Act is to protect the citizens of New Mexico from the impact of crime and to promote a stronger criminal justice system through the encouragement of all citizens to cooperate with law enforcement efforts. Implementation of the Crime Vic…

Any person who knowingly makes a false claim or a false statement in connection with a claim filed pursuant to the Crime Victims Reparation Act shall be guilty of a fourth degree felony and for conviction thereof shall: A. be punished by imprisonment in the state penitentiary for…

A. There is created in the state treasury the "crime victims reparation fund". B. Money in the crime victims reparation fund may be expended by the commission to: (1) pay any award of reparation to victims made pursuant to the Crime Victims Reparation Act; (2) pay costs and expen…

account. A. Every firm, person, corporation, association or other legal entity contracting with a person or the representative or assignee of any person charged or convicted of a violent crime in this state, with respect to the reenactment of the crime in a movie, book, magazine …

The commission has the power to compel the production of books, records and papers pertinent to any investigation or hearing authorized by the Crime Victims Reparation Act and can seek enforcement of any subpoena so issued through the district court in the county in which the cus…

As used in the Crime Victims Reparation Act: A. "child" means an unmarried person who is under the age of majority and includes a stepchild and an adopted child; B. "collateral source" includes benefits for economic loss otherwise reparable under the Crime Victims Reparation Act …

membership; reimbursement. A. There is created in the executive branch of government a "crime victims reparation commission" which shall consist of five members appointed by the governor for staggered terms of four years each. Not more than three of the members shall belong to th…

membership; duties; confidentiality; civil liability. A. The "domestic violence homicide review team" is created within the commission for the purpose of reviewing the facts and circumstances of domestic violence related homicides and sexual assault related homicides in New Mexic…