NM Stat § 33-11-3 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 11 - Inmate Literacy|Section 33-11-3 - Regulations.

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. B. The regulations shall apply only to any inmate who: (1) commits a crime after the effective date of the Inmate Literacy Act; and (2) has eighteen months or more remaining to be served on the inmate's sentence of incarceration; and who: (a) is not exempted due to a medical, developmental or learning disability; or (b) does not possess a high school equivalency credential or a high school diploma. C. The regulations adopted shall require that: (1) a minimum education standard shall be met beginning in 1988 and in all subsequent years as follows: (a) in 1988, the education standard shall be the equivalent of grade six in reading and math on the test of adult basic education; (b) in 1989, the education standard shall be the equivalent of grade seven in reading and math on the test of adult basic education; (c) in 1990, the education standard shall be the equivalent of grade eight in reading and math on the test of adult basic education; and (d) in 1991, the education standard shall be a high school diploma or a high school equivalency credential; (2) inmates who meet the criteria in Subsection B of this section shall be required to participate in education programs for ninety days. After ninety days, inmates may choose to withdraw from educational programs but will be subject to the provisions of Paragraph (3) of this subsection; and (3) notwithstanding any other provision of law, inmates who are subject to these regulations but who refuse or choose not to participate shall not be eligible for monetary compensation for work performed or for meritorious deduction as set forth in Subsection D of Section 33-2-34 NMSA 1978. D. The regulations may: (1) exclude any inmate who has been incarcerated for less than ninety days in an institution controlled by the corrections department; (2) exclude any inmate who is assigned a minimum custody classification; or (3) defer educational requirements for inmates with sentences longer than ten years. History: Laws 1988, ch. 78, § 3; 2015, ch. 122, § 18. ANNOTATIONSCompiler's notes. — Laws 1990, ch. 15, § 1 repealed Laws 1988, ch. 78, § 10, which had repealed the Inmate Literacy Act, effective July 1, 1990. For applicability of Laws 1988, ch. 78, see 33-2-49 NMSA 1978. The phrase "effective date of the Inmate Literacy Act", means May 15, 1988, the effective date of Laws 1988, Chapter 78. The 2015 amendment, effective July 1, 2015, replaced the term "general education diploma" with "high school equivalency credential" in the provision relating to corrections department regulations; designated the previously undesignated introductory sentence as Subsection A and redesignated former Subsections A, B and C as Subsections B, C and D, respectively; in Paragraph (2) of Subsection B, after "to be served on", deleted "his" and added "the inmate's", and after "and", deleted "either" and added "who"; redesignated former Paragraphs (3) and (4) of Subsection A as Subparagraphs B(2)(a) and B(2)(b); in Subparagraph B(2)(b), after "does not possess a", deleted "general education diploma" and added "high school equivalency credential"; in Paragraph (1) of Subsection C, after "subsequent years", added "as follows"; in Subparagraph C(1)(d), after "high school diploma or a", deleted "general education diploma" and added "high school equivalency credential"; in Paragraph (2) of Subsection C, after "Subsection", deleted "A" and added "B", and after "Paragraph (3) of", deleted "Subsection B of this section" and added "this subsection"; and in Paragraph (3) of Subsection C, after "Subsection", deleted "A" and added "D".