reglab/housing_qa huggingface dataset:
NM Stat § 33-2-37 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-37 - Restoration of forfeited meritorious deductions.

A. Meritorious deductions forfeited pursuant to Section 33-2-36 NMSA 1978 may be restored in whole or in part to a prisoner who is exemplary in conduct and work performance for a period of not less than six months following the date of forfeiture. Meritorious deductions may be restored upon recommendation of the classification supervisor, approval by the warden or the warden's designee and final approval by the director of the adult institutions division of the corrections department or the director's designee. B. The provisions of this section also apply to the restoration of earned meritorious deductions for a prisoner confined in a: (1) federal or out-of-state correctional facility; or (2) correctional facility in New Mexico operated by a private company pursuant to a contract with the corrections department. History: 1978 Comp., § 33-2-37, enacted by Laws 1988, ch. 78, § 7; 1999, ch. 238, § 3; 2006, ch. 82, § 3. ANNOTATIONSRepeals and reenactments. — Laws 1988, ch. 78, § 7 repealed 33-2-37 NMSA 1978, as amended by Laws 1977, ch. 257, § 79, relating to the restoration of forfeited meritorious deductions by prison inmates, and enacted a new section, effective July 1, 1990. Cross references. — For applicability of Laws 1988, ch. 78, see 33-2-49 NMSA 1978. The 2006 amendment, effective July 1, 2006, changed "committee" to "supervisor"; changed "warden" to "warden or the warden's designee"; and changed "secretary of corrections" to "director of the adult institutions division of the corrections department or the director's designee" in Subsection A. The 1999 amendment, effective July 1, 1999, designated the formerly undesignated paragraph as Subsection A, and, in that subsection, added "Meritorious" at the beginning of the first sentence and added the second sentence; and added Subsection B.
NM Stat § 33-2-40 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-40 - [Imprisonment for nonpayment of fine or costs attached to prison sentence; maximum.]

All convicts sentenced to the state penitentiary who have a fine or costs or both attached to such sentence shall not be required to serve more than thirty days for such fine or costs. History: Laws 1913, ch. 50, § 2; Code 1915, § 5085; C.S. 1929, § 130-173; 1941 Comp., § 45-160; 1953 Comp., § 42-1-60. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For the nonpayment of fines or costs of those committed to jail, see 33-3-11 NMSA 1978. Defendant may not be imprisoned beyond maximum statutory sentence because of his inability to pay the costs assessed against him as to do such would deprive defendant of equal protection of the law. State v. Chavez, 1974-NMCA-021, 86 N.M. 199, 521 P.2d 1040, cert. denied, 86 N.M. 189, 521 P.2d 1030. Maximum of 30 days served even if two or more commitments. — Inmates at the New Mexico state penitentiary are not required to serve more than 30 days for fines or costs attached to sentences when the inmates are sentenced on two or more commitments. 1959 Op. Att'y Gen. No. 59-31. Maximum of 30 days to satisfy fine or costs or both. — An inmate committed to serve one or more sentences in the New Mexico state penitentiary can satisfy a fine by serving not more than 30 days. Court costs should be satisfied by payment if the inmate or his relatives have the necessary funds available. If it is necessary for the inmate to serve time in order to satisfy either a fine or costs, or both, such time served should not exceed 30 days. 1959 Op. Att'y Gen. No. 59-31. Payment of costs condition precedent to parole. — The term necessary for the payment of costs is largely within the discretion of the prison board (now corrections department); also it makes such payment a condition precedent to a parole. 1923 Op. Att'y Gen. No. 23-3678. Am. Jur. 2d, A.L.R. and C.J.S. references. — Indigency of offender as affecting validity of imprisonment as alternative to payment of fine, 31 A.L.R.3d 926.
NM Stat § 33-2-42 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-42 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 127, § 20, repealed 33-2-41 and 33-2-42 NMSA 1978, relating to the use of inmates for conservation and development work and the jurisdiction of the warden over discipline and control of prisoners, effective June 19, 1981.
NM Stat § 33-2-43 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-43 - Penitentiary inmate-release program; establishment.

The superintendent [warden] of the penitentiary of New Mexico may institute an inmate-release program and allow penitentiary inmates to attend school or to be employed in private business while under sentence of confinement in the penitentiary if: A. employment of a prisoner does not result in the displacement of employed workers or impair existing contracts for services and is not in a skill, craft or trade in which a surplus of available gainful labor exists in the locality; B. rates of pay and other conditions of employment are not less than those paid or provided for work of a similar nature in the locality in which the work is performed; C. prisoners authorized to work at paid employment under the inmate-release program are required to pay appropriate and reasonable costs incident to the program and to their confinement as prescribed by the superintendent; and D. prisoners participating in the inmate-release program are volunteers who meet standards prescribed by law. History: 1953 Comp., § 42-1-78, enacted by Laws 1969, ch. 166, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See notes to 33-2-16 NMSA 1978. Cross references. — For the constitutional authorization of labor by penitentiary inmates, see N.M. Const., art. XX, § 15. Injured prisoner entitled to workers' compensation. — A prisoner who voluntarily participated in a work-release program and was injured while under the direction of a private business was an "employee" of that business and thus entitled to workers' compensation benefits. Benavidez v. Sierra Blanca Motors, 1995-NMCA-140, 120 N.M. 837, 907 P.2d 1018, rev'd in part on other grounds, 1996-NMSC-045, 122 N.M. 209, 922 P.2d 1205. Am. Jur. 2d, A.L.R. and C.J.S. references. — 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.
NM Stat § 33-2-44 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-44 - Inmate-release program; standards for participation.

The superintendent [warden] may, under the inmate-release program and at the request of a prisoner, extend the limits of confinement beyond the penitentiary by authorizing the prisoner to work at paid employment in private business or in public employment, or to attend a school while continuing as a prisoner, if the prisoner: A. is a trusty or a minimum-custody inmate; B. has physical and mental ability to fully perform the proposed assignment consistent with his capacities and free from any outpatient care that would interfere with full performance; C. is not afflicted with any serious emotional or personality defect; D. has not been convicted of a crime involving assaultive sexual conduct nor violence to a child, nor has been linked with organized criminal activity; and E. would not, in the opinion of the superintendent, be likely to evoke an adverse public reaction by his presence in the community. History: 1953 Comp., § 42-1-79, enacted by Laws 1969, ch. 166, § 2; 1971, ch. 281, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See notes to 33-2-16 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 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.
NM Stat § 33-2-45 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-45 - Inmate-release program; visitation privileges.

The superintendent [warden] may authorize any prisoner volunteering for the inmate-release program to visit specifically designated places for a period not exceeding thirty days and to return to the penitentiary. This extension of the limits of confinement may be granted only for the purpose of contacting prospective employers, attendance at job or school interviews or any other reason consistent with pre-parole analysis and parole prediction, the inmate-release program and the public interest. History: 1953 Comp., § 42-1-80, enacted by Laws 1969, ch. 166, § 3; 1971, ch. 281, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See notes to 33-2-16 NMSA 1978. Prisoner release programs. — Prisoner release programs, developed by local jails, are not subject to the 30-day limitation of this section. State v. Frost, 2003-NMCA-002, 133 N.M. 45, 60 P.3d 492, cert. denied, 133 N.M. 126, 61 P.3d 835.
NM Stat § 33-2-46 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-46 - Inmate-release program; escape.

Any prisoner whose limits of confinement have been extended, or who has been granted a visitation privilege under the inmate-release program, who willfully fails to return to the designated place of confinement within the time prescribed, with the intent not to return, is guilty of an escape. Whoever is convicted of an escape under the provisions of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. History: 1953 Comp., § 42-1-81, enacted by Laws 1969, ch. 166, § 4; 1975, ch. 210, § 1; 1980, ch. 22, § 1. ANNOTATIONSWillfulness. — Willfulness is an essential element of the crime of escape from the inmate-release program, and the term means a conscious, purposeful failure to return within the time fixed as distinguished from an involuntary failure to return. State v. Rosaire, 1996-NMCA-115, 123 N.M. 250, 939 P.2d 597, aff'd, 1997-NMSC-034, 123 N.M. 701, 945 P.2d 66. Burden of proof. — A defendant may be guilty under this section if he or she intends not to return at the time fixed, but the state must prove beyond a reasonable doubt that the failure to return at the time fixed is not only purposeful but also without justification or excuse. State v. Rosaire, 1997-NMSC-034, 123 N.M. 701, 945 P.2d 66. Crime of specific intent. — The crime described by this section, escape from an inmate-release program, is a specific intent crime. State v. Tarango, 1987-NMCA-027, 105 N.M. 592, 734 P.2d 1275, cert. denied 105 N.M. 521, 734 P.2d 761, overruled on other grounds by Zurla v. State, 1990-NMSC-011, 109 N.M. 640, 789 P.2d 588. Jury instructions. — Jury instruction based on UJI 14-2228 was defective because it did not contain the element of "willfulness" as required by this section. State v. Rosaire, 1997-NMSC-034, 123 N.M. 701, 945 P.2d 66 (decided under prior law). Habitual offender enhancement of an escape conviction does not constitute double jeopardy. State v. Najar, 1994-NMCA-098, 118 N.M. 230, 880 P.2d 327, cert. denied, 118 N.M. 90, 879 P.2d 91.
NM Stat § 33-2-47 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-47 - Inmate-release program; conditions of employment.

The state labor commissioner shall exercise the same supervision over conditions of employment for prisoners working under the inmate-release program as he does over conditions of employment for free persons. A prisoner working under the inmate-release program is not entitled to any benefits under the Employment Security Act [Unemployment Compensation Law] during the term of his sentence. No prisoner under the provisions of the inmate-release program is an agent, employee or involuntary servant of the penitentiary of New Mexico while attending school, working in private business or going to or from such assignment. History: 1953 Comp., § 42-1-82, enacted by Laws 1969, ch. 166, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The reference to the "Employment Security Act" apparently means the Unemployment Compensation Law. See Chapter 51 NMSA 1978.
NM Stat § 33-2-48 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-48 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 210, § 4 repealed 33-2-48 NMSA 1978, as amended by Laws 1985, ch. 63, § 1, relating to notification upon escape of an inmate, effective July 1, 1989.
NM Stat § 33-2-49 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-49 - Applicability [of Laws 1988, Chapter 78].

The provisions of this act apply only to persons convicted of crimes committed on or after the effective date of this act. A person convicted of a crime committed prior to the effective date of this act shall be subject to the law in effect at the time the crime was committed. History: Laws 1988, ch. 78, § 9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The phrase "this act" means Laws 1988, ch. 78, which appears as 33-11-1 to 33-11-3, 33-2-34, 33-2-36, 33-2-37 NMSA 1978. The phrase "effective date of this act" means May 18, 1988, the effective date of Laws 1988, ch. 78.
NM Stat § 33-2-50 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-50 - Pilot minimum security inmate work crew program created; purpose; administration of program.

There is created a "pilot minimum security inmate work crew program" in the park and recreation division of the energy, minerals and natural resources department. The pilot program shall be implemented in state parks within close proximity to state minimum security correctional facilities. The purpose of the pilot program is to utilize minimum security inmate work crews for assistance with litter and trash pick-up, masonry, construction, painting, grounds maintenance and overall beautification efforts in state parks. The park and recreation division of the energy, minerals and natural resources department shall develop policies and procedures for administration of the pilot minimum security inmate work crew program. History: Laws 1991, ch. 88, § 1.
NM Stat § 33-2-51 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-51 - Discharge; opioid use disorder; opioid overdose education; naloxone.

A. As corrections department funding and department supplies of naloxone permit, upon discharge of an inmate who has been diagnosed with an opioid use disorder from a corrections facility, regardless of whether that inmate has received treatment for that disorder, the corrections department shall: (1) ensure that the inmate is provided with opioid overdose education that: (a) conforms to department of health or federal substance abuse and mental health services administration guidelines for opioid overdose education; (b) explains the causes of an opioid overdose; (c) instructs when and how to administer in accordance with medical best practices: 1) life-saving rescue techniques; and 2) an opioid antagonist; and (d) explains how to contact appropriate emergency medical services; and (2) provide the inmate, as the inmate leaves the correctional facility, with: (a) two doses of naloxone in either a generic form or in a form approved by the federal food and drug administration; and (b) a prescription for naloxone. B. As used in this section: (1) "corrections facility" means a prison or other detention facility, whether operated by a government or private contractor, that is used for confinement of adult or juvenile persons who are charged with or convicted of a violation of a law or an ordinance; and (2) "naloxone" means naloxone hydrochloride, which is an opioid antagonist for the treatment of an opioid overdose. History: Laws 2017, ch. 59, § 3. ANNOTATIONSEffective dates. — Laws 2017, ch. 59 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
NM Stat § 33-2A-1 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2A - Corrections Population Control|Section 33-2A-1 - Short title.

This act [33-2A-1 to 33-2A-8 NMSA 1978] may be cited as the "Corrections Population Control Act". History: Laws 2002, ch. 8, § 1. ANNOTATIONSEffective dates. — Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
NM Stat § 33-2A-2 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2A - Corrections Population Control|Section 33-2A-2 - Purpose.

The purpose of the Corrections Population Control Act is to establish a corrections population control commission that shall operate as an autonomous, nonpartisan body. The commission shall develop and implement mechanisms to prevent the inmate population from exceeding the rated capacity of correctional facilities and shall take appropriate action when necessary to effect the reduction of the inmate population. History: Laws 2002, ch. 8, § 2. ANNOTATIONSEffective dates. — Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
NM Stat § 33-2A-3 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2A - Corrections Population Control|Section 33-2A-3 - Definitions.

As used in the Corrections Population Control Act: A. "commission" means the corrections population control commission; B. "female correctional facilities" means: (1) the women's correctional facility, located in Grants; and (2) any other female correctional facility so designated by the corrections department; C. "male correctional facilities" means: (1) the penitentiary of New Mexico, located in Santa Fe; (2) the central New Mexico correctional facility, located in Los Lunas; (3) the southern New Mexico correctional facility, located in Las Cruces; (4) the western New Mexico correctional facility, located in Grants; (5) the Roswell correctional facility, located in Hagerman; (6) the Guadalupe county correctional facility, located in Santa Rosa; (7) the Lea county correctional facility, located in Hobbs; and (8) any other male correctional facility so designated by the corrections department; D. "nonviolent offender" means: (1) a person convicted only of possession of a controlled substance, pursuant to the provisions of Section 30-31-23 NMSA 1978; (2) a person incarcerated for violating the conditions of his parole plan due to use or possession of a controlled substance whose original conviction was for commission of a nonviolent offense; or (3) an inmate designated by the commission as a nonviolent offender; provided that the offender was convicted for the commission of a nonviolent offense, as that term is defined in Subsection L of Section 33-2-34 NMSA 1978; and E. "rated capacity" means the actual general population bed space, including only individual cells and areas designed for the long-term housing of inmates, available in female correctional facilities or male correctional facilities as certified by the secretary of corrections and subject to applicable state and federal law. History: Laws 2002, ch. 8, § 3. ANNOTATIONSEffective dates. — Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
NM Stat § 33-2A-4 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2A - Corrections Population Control|Section 33-2A-4 - Repealed.

History: Laws 2002, ch. 8, § 4; repealed by Laws 2002, ch. 8, § 8. ANNOTATIONSRepeals. — Laws 2002, ch. 8, § 8 terminated the corrections population control commission, effective June 30, 2007. The duties and responsibilities of the commission were assumed by the secretary of corrections on July 1, 2007. For provisions of former section relating to the creation and membership of the corrections population control commission, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 33-2A-5 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2A - Corrections Population Control|Section 33-2A-5 - Repealed.

History: Laws 2002, ch. 8, § 5; repealed by Laws 2002, ch. 8, § 8. ANNOTATIONSRepeals. — Laws 2002, ch. 8, § 8 terminated the corrections population control commission, effective June 30, 2007. The duties and responsibilities of the commission were assumed by the secretary of corrections on July 1, 2007. For provisions of former section relating to the duties of the corrections population control commission, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 33-2A-6 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2A - Corrections Population Control|Section 33-2A-6 - Overcrowding; population control mechanism; procedures.

When the inmate population of female correctional facilities or male correctional facilities exceeds one hundred percent of rated capacity for a period of thirty consecutive days, the following measures shall be taken to reduce capacity: A. the corrections department shall engage in all lawful and professionally appropriate efforts to reduce the inmate population to one hundred percent of rated capacity; B. if inmate population is still in excess of one hundred percent of rated capacity after sixty consecutive days, the secretary of corrections shall notify the commission. Included in the notification shall be a list of nonviolent offenders who are within one hundred eighty days of their projected release date; C. the commission shall convene within ten days to consider the release of nonviolent offenders on the list provided by the secretary of corrections. The commission shall also discuss with the corrections department the impact on the inmate population of possible changes in the classification system and expanding incarceration alternatives; D. for nonviolent offenders approved by the commission for release, the commission shall grant emergency release credits in ten-day increments that will be applied to the sentences being served by the nonviolent offenders. The commission shall order release of the appropriate number of nonviolent offenders to reduce the inmate population; and E. notwithstanding any other provisions of this section, a nonviolent offender shall not be released: (1) unless the nonviolent offender has a parole plan pursuant to applicable parole board regulations; (2) if the information concerning the nonviolent offender is discovered to be materially inaccurate; (3) if the nonviolent offender committed a crime while incarcerated; (4) if the nonviolent offender fails a drug screening test within ten days of his scheduled release; or (5) if the effect of releasing nonviolent offenders will result in the loss of federal funds to any agency of the state. History: Laws 2002, ch. 8, § 6. ANNOTATIONSEffective dates. — Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.