reglab/housing_qa huggingface dataset:
NM Stat § 31-20-11 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 20 - Sentencing|Section 31-20-11 - Credit for time pending appellate review.

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 habeas corpus, shall be given credit for the period spent in confinement against any sentence finally imposed for that offense. History: 1953 Comp., § 40A-29-24, enacted by Laws 1967, ch. 221, § 1; and recompiled as 1953 Comp., § 40A-29-47, by Laws 1977, ch. 216, § 16. ANNOTATIONSSection operates prospectively. — This section was enacted in 1967 and operates prospectively only. Defendant's motion for retroactive application provided no grounds for post-conviction relief under Rule 1-093 NMRA. State v. Montoya, 1968-NMSC-113, 79 N.M. 353, 443 P.2d 743 (decided under prior law). "Official confinement". — Official confinement, in this section, includes an electronic monitoring program (EMP) within a community custody program. State v. Frost, 2003-NMCA-002, 133 N.M. 45, 60 P.3d 492, cert. denied, 133 N.M. 126, 61 P.3d 835. Judgment suspending firearm enhancement provision of original sentence void, and no credit accrued. — Since a judgment purporting to suspend a firearm enhancement provision of an original sentence is void, where the defendant is not sentenced to serve any time of official confinement, he cannot be said to have served any portion thereof and he cannot be held to have accrued a right to a credit against the enhanced portion of his sentence as later imposed. Double jeopardy does not attach, and a resentencing for the mandatory enhancement provision of Section 31-18-16 NMSA 1978 must stand. State v. Aguilar, 1982-NMCA-116, 98 N.M. 510, 650 P.2d 32, cert. denied, 98 N.M. 478, 649 P.2d 1391. No credit allowed for void conviction when defendant convicted again. — Defendant discharged on writ of habeas corpus after his sentence was held void was not entitled to credit for time served for void conviction when he was convicted again for same crime. State v. Sedillo, 1968-NMSC-049, 79 N.M. 9, 439 P.2d 226. Credit given for time served on original invalid conviction. — A prisoner, after being awarded a new trial and having again been convicted of the crime originally charged, is entitled to credit for time he spent in custody from the time of his first conviction. 1969 Op. Att'y Gen. No. 69-114. Am. Jur. 2d, A.L.R. and C.J.S. references. — Computation of incarceration time under work-release or "hardship" sentences, 28 A.L.R.4th 1265.
NM Stat § 31-20A-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 20A - Capital Felony Sentencing|Section 31-20A-1 - Repealed.

History: Laws 1979, ch. 150, § 2; repealed by Laws 2009, ch. 11, § 5.ANNOTATIONSRepeals. — Laws 2009, ch. 11, § 5 repealed 31-20A-1 NMSA 1978, as enacted by Laws 1979, ch. 150, § 2, relating to capital felony sentencing procedures, effective July 1, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 31-20A-2.1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 20A - Capital Felony Sentencing|Section 31-20A-2.1 - Repealed.

History: 1978 Comp., § 31-20A-2.1, enacted by Laws 1991, ch. 30, § 1; repealed by Laws 2009, ch. 11, § 5.ANNOTATIONSRepeals. — Laws 2009, ch. 11, § 5 repealed 31-20A-2.1 NMSA 1978, as enacted by Laws 1981, ch. 30, § 1, relating to the prohibition against capital punishment of mentally retarded persons, effective July 1, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 31-20A-3 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 20A - Capital Felony Sentencing|Section 31-20A-3 - Repealed.

History: Laws 1979, ch. 150, § 4; repealed by Laws 2009, ch. 11, § 5.ANNOTATIONSRepeals. — Laws 2009, ch. 11, § 5 repealed 31-20A-3 NMSA 1978, as enacted by Laws 1979, ch. 150, § 4, relating to court sentencing in death sentences, effective July 1, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 31-20A-4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 20A - Capital Felony Sentencing|Section 31-20A-4 - Repealed.

History: Laws 1979, ch. 150, § 5; repealed by Laws 2009, ch. 11, § 5.ANNOTATIONSRepeals. — Laws 2009, ch. 11, § 5 repealed 31-20A-4 NMSA 1978, as enacted by Laws 1979, ch. 150, § 5, relating to automatic review by supreme court of death sentences, effective July 1, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 31-20A-6 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 20A - Capital Felony Sentencing|Section 31-20A-6 - Repealed.

History: Laws 1979, ch. 150, § 7; repealed by Laws 2009, ch. 11, § 5.ANNOTATIONSRepeals. — Laws 2009, ch. 11, § 5 repealed 31-20A-6 NMSA 1978, as enacted by Laws 1979, ch. 150, § 7, relating to mitigating circumstances, effective July 1, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 31-21-2 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-2 - Clothing, money and transportation furnished to prisoners 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 employment if within this state, or if not within this state, then to any place within this state; or (2) in the case of all other types of release, transportation to his home, if within the state, or if not within this state, then to the place of his conviction or to any other place within the state; and B. the superintendent may provide him with not more than one hundred dollars ($100) and, in case of an exceptional situation, with the prior approval of the secretary of corrections, an additional amount not to exceed three hundred fifty dollars ($350) for purchase of transportation to a location in another state within the continental limits of the United States. History: Laws 1909, ch. 32, § 7; Code 1915, § 5081; C.S. 1929, § 130-169; Laws 1939, ch. 55, § 18; 1941 Comp., § 42-1708; Laws 1951, ch. 99, § 1; 1953 Comp., § 41-17-8; Laws 1967, ch. 30, § 1; 1969, ch. 10, § 1; 1977, ch. 145, § 1; 1982, ch. 59, § 1. ANNOTATIONSStatute's provisions mandatory. — The statute is mandatory. No exceptions are incorporated in it. The plain language of this statute makes it incumbent upon superintendent to provide clothing, money and transportation in these two instances. 1955 Op. Att'y Gen. No. 55-6122. Effective upon prisoner's release. — Where prisoner had served the maximum sentence for the crime committed, the person is entitled to the items which the statute affords a prisoner upon expiration of his maximum sentence. 1955 Op. Att'y Gen. No. 55-6170.
NM Stat § 31-21-3 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-3 - Short title.

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. ANNOTATIONSCross references. — For inmate-release program, see 33-2-43 to 33-2-47 NMSA 1978. For inapplicability of the Rules of Evidence to sentencing procedures, see Rule 11-1101 NMRA. No contract between state and prisoner. — No act of the parole board can constitute a contract between a prisoner and the state. Aragon v. Cox, 1965-NMSC-132, 75 N.M. 537, 407 P.2d 673. Void order of parole is without force or effect to justify the release of a prisoner. Aragon v. Cox, 1965-NMSC-132, 75 N.M. 537, 407 P.2d 673. Law reviews. — For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972). For note, "Negligent Hiring and Retention - Availability of Action Limited By Foreseeability Requirement," see 10 N.M.L. Rev. 491 (1980). Am. Jur. 2d, A.L.R. and C.J.S. references. — Propriety of conditioning probation on defendant's remaining childless or having no additional children during probationary period, 94 A.L.R.3d 1218. Jury's discussion of parole law as ground for reversal for new trial, 21 A.L.R.4th 420. Right of convicted defendant to refuse probation, 28 A.L.R.4th 736.
NM Stat § 31-21-4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-4 - Construction and purpose of act.

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, and that such persons shall be dealt with in the community by a uniformly organized system of constructive rehabilitation under probation supervision instead of in an institution, or under parole supervision when a period of institutional treatment is deemed essential in the light of the needs of public safety and their own welfare. History: 1953 Comp., § 41-17-13, enacted by Laws 1955, ch. 232, § 2; 1963, ch. 301, § 2. ANNOTATIONSLaw reviews. — For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972). Am. Jur. 2d, A.L.R. and C.J.S. references. — 59 Am. Jur. 2d Pardon and Parole §§ 39 to 44. 67A Pardon and Parole §§ 39, 40, 43.
NM Stat § 31-21-7 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-7 - Duties of director.

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 the staff in each district as necessary; D. assign the secretarial, bookkeeping and accounting work to clerical employees; E. direct the work of the officers and other employees; F. formulate methods of investigation, supervision, recordkeeping and reports; G. conduct training courses for the staff; H. seek to cooperate with all agencies, public and private, that are concerned with the treatment or welfare of persons on probation or parole; I. report to the parole board concerning the status of parolees under his supervision; and J. perform such other duties as directed by the secretary of corrections. History: 1953 Comp., § 41-17-21, enacted by Laws 1955, ch. 232, § 10; 1963, ch. 301, § 9; 1975, ch. 194, § 7; 1977, ch. 257, § 56; 1990, ch. 7, § 1. ANNOTATIONSCross references. — For state board of probation and parole as referring to corrections division, see 33-1-7 NMSA 1978. The 1990 amendment, effective May 16, 1990, deleted "with the advice and consent of the judge of the district" at the end of Subsection B, made a minor stylistic change in Subsection H, and substituted "secretary of corrections" for "secretary of the criminal justice department" at the end of Subsection J. Court not required to enforce abstention from searches by probation officers. — Statutory provisions that require the director to supervise probationers, direct the work of probation officers and formulate methods of supervision do not require a court to enforce the provisions of the manual of instructions for parole officers concerning abstention from searches by probation officers. State v. Gardner, 1980-NMCA-122, 95 N.M. 171, 619 P.2d 847. Law reviews. — For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972).
NM Stat § 31-21-8 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-8 - Director to administer interstate compacts relating to 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. ANNOTATIONSLaw reviews. — For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972).
NM Stat § 31-21-11 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-11 - Parole to detainers to serve another sentence or for 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 other specific hospital or residential treatment program determined necessary by the board. History: 1953 Comp., § 41-17-24.1, enacted by Laws 1959, ch. 30, § 1; 1977, ch. 216, § 13; 1982, ch. 107, § 2; 2005, ch. 313, § 10. ANNOTATIONSCross references. — For state board of probation and parole as referring to corrections division, see 33-1-7 NMSA 1978. The 2005 amendment, effective June 17, 2005, changed the name of the New Mexico state hospital to the New Mexico behavioral institute at Las Vegas. No loss of state's jurisdiction. — Petitioner is not denied due process in violation of state and federal constitutions by his imprisonment and detention in New Mexico for violation of terms of parole agreement whereby New Mexico had paroled him to detainer in Arizona without surrendering its jurisdiction over him. Snow v. Cox, 1966-NMSC-082, 76 N.M. 238, 414 P.2d 217. Effect of two life sentences on "outside" parole. — As a practical matter a person committed under two life sentences cannot be granted an "outside" parole until he has served 20 years but he can be granted an "in custody" parole after serving 10 years. 1961 Op. Att'y Gen. No. 61-59. Cumulative sentences. — If it were mandatory upon a penitentiary to construe cumulative sentences as one continuous sentence, the provisions of this section would not be effective. 1963 Op. Att'y Gen. No. 63-165. Cancellation of detainers. — The issuing and cancellation of detainers is properly a matter for the parole agency of this state. The board has authority to cancel, if it deems such advisable, an outstanding detainer or warrant based upon a violation of parole. 1956 Op. Att'y Gen. No. 56-6371.
NM Stat § 31-21-12 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-12 - Conditional release.

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 imprisonment for which he was sentenced and until the expiration of any period of parole included as a part of sentence. B. Except for a full pardon, the governor may not conditionally release or otherwise pardon a prisoner during the period for which such person is serving any enhanced term of his sentence pursuant to Section 31-18-16 NMSA 1978. History: 1953 Comp., § 41-17-25, enacted by Laws 1955, ch. 232, § 14; 1977, ch. 216, § 14. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 59 Am. Jur. 2d Pardon and Parole §§ 63 to 72; 60 Am. Jur. 2d Penal and Correctional Institutions §§ 226, 229, 230, 232 to 235. Conditional pardon, 60 A.L.R. 1410. Offenses and convictions covered by pardon, 35 A.L.R.2d 1261. Denial of state prisoner's application for, or revocation of, participation in work or study release program or furlough program as actionable under Civil Rights Act of 1871 (42 USCS § 1983), 55 A.L.R. Fed. 208. 67A C.J.S. Pardon and Parole §§ 23 to 28.
NM Stat § 31-21-13 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-13 - Information from prison officials.

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 board or such representatives facilities for communicating with and interviewing such prisoner and to furnish to the board such reports and records as the board shall require concerning the conduct and character of any prisoner in their custody and any other facts deemed by the board pertinent in determining whether such prisoner shall be paroled. History: 1953 Comp., § 41-17-26, enacted by Laws 1955, ch. 232, § 15. ANNOTATIONSCross references. — For state board of probation and parole as referring to corrections division, see 33-1-7 NMSA 1978.
NM Stat § 31-21-16 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-16 - Repealed.

ANNOTATIONSRepeals. — Laws 1977, ch. 216, § 17, repealed 41-17-30 1953 Comp. (31-21-16 NMSA 1978), relating to discharge of prisoner or parolee.
NM Stat § 31-21-17 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-17 - Executive clemency; investigation and reports.

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. ANNOTATIONSLaw reviews. — For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972). Am. Jur. 2d, A.L.R. and C.J.S. references. — Executive clemency to remove disqualification for office or other disqualification, resulting from conviction of crime, as applicable in case of conviction in federal court or court of another state, 135 A.L.R. 1493. Revocation of order commuting state criminal sentence, 88 A.L.R.5th 463.
NM Stat § 31-21-17.1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-17.1 - Administration by department.

The corrections department shall identify geriatric, permanently incapacitated and terminally ill inmates eligible for geriatric or medical parole based on rules established by the board. The department shall forward an application and documentation in support of parole eligibility to the board within thirty days of receipt of an application from an inmate. The documentation shall include information concerning the inmate's age, medical history and prognosis, institutional behavior and adjustment and criminal history. The inmate or inmate's representative may submit an application to the board. History: Laws 1994, ch. 21, § 2. ANNOTATIONSCross references. — For powers and duties of board in regard to medical and geriatric parole program, see 31-21-25.1 NMSA 1978.
NM Stat § 31-21-18 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-18 - Application to persons now on probation or parole.

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 time they were placed on probation or parole or become [became] eligible to be placed thereon. History: 1953 Comp., § 41-17-32, enacted by Laws 1955, ch. 232, § 21; 1963, ch. 301, § 14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. "Effective date" interpreted. — The phrase "at the effective date" in this section cannot reasonably be read to mean that all subsequent amendments to the Parole Act are retroactive to 1963, the effective date of this section. Therefore, because the petitioner's offenses were committed before February 22, 1980, the effective date of Section 31-21-10 NMSA 1978, Section 31-21-10 NMSA 1978 did not apply to him, he was not entitled to determinate parole, and he could not establish a liberty interest to support his due process claim. Helker v. Shanks, 47 F.3d 1065 (10th Cir. 1995). Law reviews. — For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972).
NM Stat § 31-21-19 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-19 - Participation of the United States and other states.

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 contemplated by the Probation and Parole Act, and may enter into contracts and agreements with the United States or any of its agencies, and any state of the United States as necessary, proper and convenient. History: 1953 Comp., § 41-17-33, enacted by Laws 1955, ch. 232, § 22; 1959, ch. 48, § 1; 1963, ch. 301, § 15. ANNOTATIONSCross references. — For state board of probation and parole as referring to the corrections division, see 33-1-7 NMSA 1978. Law reviews. — For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972). Am. Jur. 2d, A.L.R. and C.J.S. references. — 91 C.J.S. United States § 222 et seq.
NM Stat § 31-21-20 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-20 - Information from courts.

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. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — The propriety of conditioning parole on defendant's not entering specified geographical area, 54 A.L.R.5th 743.
NM Stat § 31-21-22 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-22 - Short title.

Sections 1 through 5 [31-21-22 to 31-21-26 NMSA 1978] of this act may be cited as the "Parole Board Act". History: 1953 Comp., § 41-17-37, enacted by Laws 1975, ch. 194, § 1. ANNOTATIONSLaw reviews. — For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972). For note, "Parole Revocation and the Right to Counsel," see 5 N.M. L. Rev. 331 (1975).
NM Stat § 31-21-23 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-23 - Purpose.

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. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, deleted "full-time," preceding "professional" and "salaried" preceding "parole board".
NM Stat § 31-21-26 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 21 - Sentence, Pardons and Paroles|Section 31-21-26 - Transitional provisions.

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 the parole board. B. The provisions of the Parole Board Act apply to all persons who, on the effective date, are on parole or eligible to be placed on parole with the same effect as if that act had been in effect at the time they were placed on parole or became eligible to be placed on parole. History: 1953 Comp., § 41-17-41, enacted by Laws 1975, ch. 194, § 5.