Chapter 33 — Chapter 33
190 sections in this chapter.
NMSA 1978, § 33-9A-1 Short title
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Chapter 33, Article 9A NMSA 1978 may be cited as the "Juvenile Community Corrections Act". History: Laws 1988, ch. 101, § 39; 1989, ch. 219, § 9.
NMSA 1978, § 33-9A-2 Definitions
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As used in the Juvenile Community Corrections Act: A. "delinquent" means a child adjudicated delinquent pursuant to the Children's Code [Chapter 32A NMSA 1978]; B. "department" means the children, youth and families department; C. "fund" means the juvenile community corrections g…
NMSA 1978, § 33-9A-3 Juvenile community corrections grant fund created;
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purpose; administration; report. A. There is created in the state treasury the "juvenile community corrections grant fund" to be administered by the department. All balances in the fund are appropriated to the department to carry out the purposes of the fund, and no money shall b…
NMSA 1978, § 33-9A-4 Applications; criteria
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A. Counties, municipalities or private organizations, individually or jointly, may apply for grants from the fund, including grants for counties or municipalities to purchase contractual services from private organizations; provided that: (1) the application is for funding a prog…
NMSA 1978, § 33-9A-5 Selection panels
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A. The department shall establish a state panel whose duties shall be to immediately screen and identify delinquents sentenced to a juvenile correctional facility of the department and transferred to the legal custody of the department, except individuals who are sentenced or tra…
NMSA 1978, § 33-9A-6 Sentencing
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A. In every case where the commitment to the authority of a child adjudicated delinquent is contemplated by a judge, a predisposition report shall be prepared containing the recommendation of the juvenile probation officer regarding a community corrections placement or a diagnost…
NMSA 1978, § 33-10-1 Short title
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This act [33-10-1 to 33-10-4 NMSA 1978] may be cited as the "Native American Counseling Act". History: Laws 1983, ch. 276, § 1.
NMSA 1978, § 33-10-2 Purpose [of Native American Counseling Act]
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It is the purpose of the Native American Counseling Act to provide a program of counseling for native Americans confined in penal institutions in New Mexico, to teach good work habits and develop motivation through work; to develop and instill cultural pride and improve the self-…
NMSA 1978, § 33-10-3 Definitions
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As used in the Native American Counseling Act: A. "native American" means any person who is descended from or is a member of an American Indian tribe, pueblo or band or is a native Hawaiian or Alaskan native; and B. "native American religion" means any religion or religious belie…
NMSA 1978, § 33-10-4 Freedom of worship
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A. Native American religions shall be afforded by the corrections department the same standing and respect as Judeo-Christian religions. The practice of native American religion shall be permitted at each state corrections facility, including women's corrections facilities, to th…
NMSA 1978, § 33-11-1 Short title
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Sections 1 through 3 [33-11-1 to 33-11-3 NMSA 1978] of this act may be cited as the "Inmate Literacy Act". History: Laws 1988, ch. 78, § 1.
NMSA 1978, § 33-11-2 Purpose of act
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The purpose of the Inmate Literacy Act is to require the corrections department to adopt certain regulations to require inmates to meet specified educational levels under certain circumstances. History: Laws 1988, ch. 78, § 2.
NMSA 1978, § 33-11-3 Regulations
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A. The corrections department, by July 1, 1988, shall adopt regulations for all adult correctional institutions operated by the department for the implementation of a mandatory education program for all inmates to attain a minimum education standard as set forth in this section. …
NMSA 1978, § 33-12-1 Repealed
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History: Laws 1994, ch. 16, § 1; repealed by Laws 2007, ch. 351, § 3.
NMSA 1978, § 33-12-2 Repealed
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History: Laws 1994, ch. 16, § 2; repealed by Laws 2007, ch. 351, § 3.
NMSA 1978, § 33-12-3 Repealed
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History: Laws 1994, ch. 16, § 3; repealed by Laws 2007, ch. 351, § 3.
NMSA 1978, § 33-12-4 Repealed
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History: Laws 1994, ch. 16, § 4; repealed by Laws 2007, ch. 351, § 3.
NMSA 1978, § 33-12-5 Repealed
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History: Laws 1994, ch. 16, § 5; repealed by Laws 2007, ch. 351, § 3.
NMSA 1978, § 33-12-6 Repealed
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History: Laws 1994, ch. 16, § 6; repealed by Laws 2007, ch. 351, § 3.
NMSA 1978, § 33-12-7 Repealed
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History: Laws 1994, ch. 16, § 7; repealed by Laws 2007, ch. 351, § 3.
NMSA 1978, § 33-13-1 Short title
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This act [33-13-1 to 33-13-8 NMSA 1978] may be cited as the "Inmate Forestry Work Camp Act". History: Laws 1998, ch. 57, § 1.
NMSA 1978, § 33-13-2 Definitions
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As used in the Inmate Forestry Work Camp Act: A. "department" means the corrections department; B. "forestry division" means the forestry division of the energy, minerals and natural resources department; C. "program" means the inmate forestry work camp program; and D. "work camp…
NMSA 1978, § 33-13-3 Inmate forestry work camp program; purpose; limitation
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A. The department and the forestry division shall jointly establish the "inmate forestry work camp program" to provide inmate labor for natural resource work planned by the forestry division. The purpose of the program is to use minimum security male and female inmates to work on…
NMSA 1978, § 33-13-4 Inmate eligibility
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The department shall screen and classify applicants for the program. To be eligible, an applicant must meet all of the standards provided in Section 33-2-44 NMSA 1978 and not be serving a sentence for first or second degree murder. History: Laws 1998, ch. 57, § 4.
NMSA 1978, § 33-13-5 Work camps
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The department may establish work camps as needed for the custody of inmates participating in the program. History: Laws 1998, ch. 57, § 5.
NMSA 1978, § 33-13-6 Inmates not employees
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An inmate participating in the program shall not be considered an employee of the state or of any other person deriving benefits from inmate services pursuant to the program. An inmate participating in the program shall not be covered by the provisions of the Workers' Compensatio…
NMSA 1978, § 33-13-7 Forestry division; interagency cooperation; program
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participation. The forestry division shall cooperate with the department in the development and implementation of the program and shall: A. plan and develop natural resource projects and provide technical direction and supervision for activities carried out by inmates participati…
NMSA 1978, § 33-13-8 Inmate forestry work camp fund
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The "inmate forestry work camp fund" is created in the state treasury. All money received by the department or the forestry division from public land management agencies for work performed by inmates in the program shall be deposited in the fund. Money in the fund shall not rever…
NMSA 1978, § 33-14-1 Contract to provide inmates with access to
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telecommunications services in a correctional facility or jail; conditions. A. A contract to provide inmates with access to telecommunications services in a correctional facility or jail shall be negotiated and awarded to an entity that meets the correctional facility's or jail's…
NMSA 1978, § 33-15-1 Short title
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This act [33-15-1 to 33-15-4 NMSA 1978] may be cited as the "Privately Operated Correctional Facilities Oversight Act". History: Laws 2001, ch. 169, § 1.
NMSA 1978, § 33-15-2 Definitions
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As used in the Privately Operated Correctional Facilities Oversight Act: A. "out-of-state inmate" means a person incarcerated in a privately operated correctional facility within this state who is being incarcerated on behalf of a state other than New Mexico or a governmental ent…
NMSA 1978, § 33-15-3 Incarceration of out-of-state inmates in privately operated
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correctional facilities; minimum standards; secretary's authority to adopt rules. A. A privately operated correctional facility shall have statutory authority, other than this section, in order to operate or house inmates. In addition to satisfying requirements set forth in a sta…
NMSA 1978, § 33-15-4 Classification review of out-of-state inmates in privately
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operated correctional facilities; assessing a fee. A. An out-of-state inmate shall not be incarcerated in a privately operated correctional facility in New Mexico unless the privately operated correctional facility is designed to meet or exceed the appropriate classification leve…
NMSA 1978, § 33-16-1 Short title
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This act [33-16-1 to 33-16-7 NMSA 1978] may be cited as the "Restricted Housing Act". History: Laws 2019, ch. 194, § 1.
NMSA 1978, § 33-16-2 Definitions
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As used in the Restricted Housing Act: A. "correctional facility" means a jail, prison or other detention facility that is used for the confinement of adult or juvenile persons, whether operated by the state or a political subdivision of the state or a private contractor on behal…
NMSA 1978, § 33-16-3 Restrictions on the use of restricted housing
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A. An inmate who is younger than eighteen years of age shall not be placed in restricted housing. B. An inmate who is known to be pregnant shall not be placed in restricted housing. History: Laws 2019, ch. 194, § 3.
NMSA 1978, § 33-16-4 Restrictions on the use of restricted housing; inmate with
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serious mental disability. A. An inmate with a serious mental disability shall not be placed in restricted housing; provided that: (1) the inmate is: (a) known by the correctional facility to have been diagnosed by a qualified health care professional as having a serious mental d…
NMSA 1978, § 33-16-5 Correctional facilities; transparency and reporting
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A. Every three months, every correctional facility shall: (1) produce a report that includes: (a) the age, gender and ethnicity of every inmate who was placed in restricted housing during the previous three months, including every inmate who is in restricted housing at the time t…
NMSA 1978, § 33-16-6 Private correctional facilities; anticorruption and reporting
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Every three months, every private correctional facility shall submit to the board of county commissioners of the county in which the private correctional facility is located and to the legislature a report of all monetary settlements that were paid to inmates, former inmates or i…
NMSA 1978, § 33-16-7 Reports filed with legislative library
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On the date that a report is submitted to a board of county commissioners pursuant to Section 5 [33-16-5 NMSA 1978] or 6 [33-16-6 NMSA 1978] of the Restricted Housing Act, a copy of the report shall be submitted electronically to the legislative council service library. History: …