Chapter 31 — Chapter 31

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.…

History: Laws 1994, ch. 21, § 3; repealed by Laws 2023, ch. 89, § 3.

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…

History: Laws 1993, ch. 207, § 10; 2000, ch. 4, § 3; repealed by Laws 2005, ch. 208, § 27.

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…

A. Where an application is made to the commission pursuant to the Crime Victims Reparation Act, the director of the commission shall determine if a claim for a reparation award is eligible for consideration pursuant to the provisions of the Crime Victims Reparation Act. All claim…

A. The commission may appoint an impartial physician, licensed in New Mexico, to examine any person making an application for reparation under the Crime Victims Reparation Act, and the fees for the examination shall be paid from funds appropriated for the commission's administrat…

A. If a person is injured or killed by an act or omission of another person coming within the criminal jurisdiction of the state after July 1, 1981, which act or omission includes a crime enumerated in Section 31-22-8 NMSA 1978, and upon application for reparation, the commission…

A. The crimes to which the Crime Victims Reparation Act applies and for which reparation to victims may be made are the following enumerated offenses and all other offenses in which any enumerated offense is necessarily included: (1) arson resulting in bodily injury; (2) aggravat…

The commission may order payment of reparation for: A. expenses actually and reasonably incurred as a result of the victim's injury or death; B. loss to the victim of earning power as a result of total or partial incapacity; C. any other pecuniary loss directly resulting from the…

No person shall be liable to a plaintiff in any civil action for damages if by a preponderance of the evidence the damages were incurred as a consequence of: A. the commission, attempted commission or flight subsequent to the commission of a crime by the plaintiff; and B. the use…

This act [31-25-1 to 31-25-6 NMSA 1978] may be cited as the "Victim Counselor Confidentiality Act". History: Laws 1987, ch. 349, § 1.

As used in the Victim Counselor Confidentiality Act: A. "confidential communication" means any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling proce…

A. A victim, a victim counselor without the consent of the victim or a minor or incapacitated victim without the consent of a custodial guardian or a guardian ad litem appointed upon application of either party shall not be compelled to provide testimony or to produce records con…

A. A victim does not waive the protections afforded by the Victim Counselor Confidentiality Act by testifying in court about the crime; provided that if the victim partially discloses the contents of a confidential communication in the course of his testimony, then either party t…

The Victim Counselor Confidentiality Act shall not be construed to relieve a victim counselor of a duty to report suspected child abuse or neglect pursuant to Section 32-1- 15 NMSA 1978 [repealed], to report any evidence that the victim is about to commit a crime or to limit any …

The supreme court may adopt rules of procedure and evidence to govern and implement the provisions of the Victim Couselor [Counselor] Confidentiality Act. History: Laws 1987, ch. 349, § 6.