Chapter 31 — Chapter 31

A. The corrections department shall develop and implement a special incarceration alternative program for certain adult male and adult female felony offenders pursuant to this section. The program shall provide substance abuse counseling and treatment, high school equivalency cre…

imprisonment; exception. A. When a defendant is convicted of a third violent felony, and each violent felony conviction is part of a separate transaction or occurrence, and at least the third violent felony conviction is in New Mexico, the defendant shall, in addition to the sent…

A. The court shall conduct a separate sentencing proceeding to determine any controverted question of fact regarding whether the defendant has been convicted of three violent felonies. Either party to the action may demand a jury trial. B. In a jury trial, the sentencing proceedi…

imprisonment; exception. A. When a defendant is convicted of a second violent sexual offense, and each violent sexual offense conviction is part of a separate transaction or occurrence, and at least the second violent sexual offense conviction is in New Mexico, the defendant shal…

procedure. A. The court shall conduct a separate sentencing proceeding to determine any controverted question of fact regarding whether the defendant has been convicted of two violent sexual offenses. Either party to the sentencing proceeding may demand a jury sentencing proceedi…

basic sentence. When a separate finding of fact by a court or jury shows that a person is in possession of fentanyl in relation to a crime of trafficking a controlled substance pursuant to Section 30-31-20 NMSA 1978, the basic sentence of imprisonment prescribed for the offense i…

This act [31-18B-1 to 31-18B-5 NMSA 1978] may be cited as the "Hate Crimes Act". History: Laws 2003, ch. 384, § 1.

As used in the Hate Crimes Act: A. "age" means sixty years of age or older; B. "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical charac…

misdemeanors committed because of the victim's actual or perceived race, religion, color, national origin, ancestry, age, disability, gender, sexual orientation or gender identity; alteration of basic sentence. A. When a separate finding of fact by the court or jury shows beyond …

Every district attorney and every state, county and municipal law enforcement agency, to the maximum extent possible, shall provide the federal bureau of investigation with data concerning the commission of a crime motivated by hate, in accordance with guidelines established purs…

A. No later than December 31, 2003, the New Mexico law enforcement academy board shall develop and incorporate into the basic law enforcement training required, pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978], a course of instruction at least two ho…

fines; probation. A. Where the defendant has been convicted of a crime constituting a misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,…

A. Payment of a fine pursuant to a penalty assessment citation shall not be considered a criminal conviction. B. Whenever a person is issued a penalty assessment under the Criminal Code, the officer shall advise the person of the option either to accept the penalty assessment and…

The court may sentence any corporation, club, organization or unincorporated association which has been convicted of a crime to pay a fine authorized by the Criminal Code [30-1-1 NMSA 1978]. History: 1953 Comp., § 40A-29-12, enacted by Laws 1963, ch. 303, § 29-12; and recompiled …

An order deferring or suspending sentence for the purposes of appeal shall be deemed a final judgment. History: 1953 Comp., § 40A-29-23, enacted by Laws 1963, ch. 303, § 29-23; and recompiled as 1953 Comp., § 40A-29-46, by Laws 1977, ch. 216, § 16.

A person convicted of a felony in the district court and held in official confinement while awaiting the outcome of an appeal, writ of error to, or writ of certiorari from, a state or federal appellate court or prior to his release as a result of postconviction proceedings or hab…

A person held in official confinement on suspicion or charges of the commission of a felony shall, upon conviction of that or a lesser included offense, be given credit for the period spent in presentence confinement against any sentence finally imposed for that offense. History:…

A. When a person who has not been previously convicted of a felony offense is found guilty of a crime for which a deferred or suspended sentence is authorized, the court may, without entering an adjudication of guilt, enter a conditional discharge order and place the person on pr…

A. Persons sentenced to imprisonment for a term of one year or more shall be imprisoned in a corrections facility designated by the corrections department, unless a new trial is granted or a portion of the sentence is suspended so as to provide for imprisonment for not more than …

commitment. Upon entry of a judgment of conviction of any crime not constituting a capital or first degree felony, any court having jurisdiction when it is satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may …

An order deferring or suspending sentence may be limited to one or more counts or indictments, but, in the absence of express limitation, it shall extend to the entire judgment. History: 1953 Comp., § 40A-29-16, enacted by Laws 1963, ch. 303, § 29-16; and recompiled as 1953 Comp.…

A. When a person has been convicted of a crime for which a sentence of imprisonment is authorized and when the magistrate, metropolitan or district court has deferred or suspended sentence, it shall order the defendant to be placed on probation for all or some portion of the peri…

establish; fees. A. A county may create a "misdemeanor compliance program" to monitor defendants' compliance with the conditions of probation imposed by a district or magistrate court. The program shall be limited to participation by persons who have been convicted of a misdemean…

of probation. A. When a district court defers imposition of a sentence for a sex offender, or suspends all or any portion of a sentence for a sex offender, the district court shall include a provision in the judgment and sentence that specifically requires the sex offender to ser…

The magistrate, metropolitan or district court shall attach to its order deferring or suspending sentence reasonable conditions as it may deem necessary to ensure that the defendant will observe the laws of the United States and the various states and the ordinances of any munici…

ANNOTATIONS Repeals. — Laws 1985, ch. 75, § 3 repealed 31-20-7 NMSA 1978, as amended by Laws 1977, ch. 216, § 16, relating to the length of period of deferment or suspension of sentence, effective April 1, 1985. Compiler's notes. — Laws 1993, ch. 283, § 2 enacted a new 31-20-7 NM…

revocation of order. Whenever the period of suspension expires without revocation of the order, the defendant is relieved of any obligations imposed on him by the order of the court and has satisfied his criminal liability for the crime. He shall thereupon be entitled to a certif…

Whenever the period of deferment expires, the defendant is relieved of any obligations imposed on him by the order of the court and has satisfied his criminal liability for the crime, the court shall enter a dismissal of the criminal charges. History: 1953 Comp., § 40A-29-22, ena…

History: Laws 1979, ch. 150, § 2; repealed by Laws 2009, ch. 11, § 5.

If a jury finds, beyond a reasonable doubt, that one or more aggravating circumstances exist, as enumerated in Section 31-20A-5 NMSA 1978, the defendant shall be sentenced to life imprisonment without possibility of release or parole. If the jury does not make the finding that on…

History: 1978 Comp., § 31-20A-2.1, enacted by Laws 1991, ch. 30, § 1; repealed by Laws 2009, ch. 11, § 5.

History: Laws 1979, ch. 150, § 4; repealed by Laws 2009, ch. 11, § 5.

History: Laws 1979, ch. 150, § 5; repealed by Laws 2009, ch. 11, § 5.

The aggravating circumstances to be considered by the sentencing court or jury pursuant to the provisions of Section 31-20A-2 NMSA 1978 are limited to the following: A. the victim was a peace officer who was acting in the lawful discharge of an official duty when he was murdered;…

History: Laws 1979, ch. 150, § 7; repealed by Laws 2009, ch. 11, § 5.

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…

ANNOTATIONS Repeals. — Laws 1977, ch. 216, § 17, repealed 41-17-30 1953 Comp. (31-21-16 NMSA 1978), relating to discharge of prisoner or parolee.

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…