2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-9 - County jails; deduction of time for good behavior.

A. The sheriff or jail administrator of any county, with the approval of the committing judge or presiding judge, may grant any person imprisoned in the county jail a deduction of time from the term of his sentence for good behavior and industry and shall establish rules for the accrual of "good time". Deductions of time shall not exceed one-half of the term of the prisoner's original sentence. If a prisoner is under two or more cumulative sentences, the sentences shall be treated as one sentence for the purpose of deducting time for good behavior.
B. A prisoner shall not accrue good time for the mandatory portion of a sentence imposed pursuant to the provisions of:
(1) Sections 66-8-102 and 66-5-39 NMSA 1978; or
(2) a county or municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs, or driving with a revoked or suspended driver's license.
C. A part or all of the prisoner's accrued deductions may be forfeited for any conduct violation. The sheriff or jail administrator shall establish rules and procedures for the forfeiture of accrued deductions and keep a record of all forfeitures of accrued deductions and the reasons for the forfeitures. In addition, any independent contractor shall also keep a duplicate record of such forfeitures.
D. No other time allowance or credits in addition to deductions of time permitted under this section may be granted to any prisoner.
E. If a private independent contractor operates a jail, he shall make reports of disciplinary violations and good behavior to the sheriff of the county in which the jail is located. All action on such reports and awards or forfeitures of good time shall be made by the sheriff. The independent contractor shall not have the power to award or cause the forfeiture of good time pursuant to this section.
History:
1953 Comp., § 42-2-7.1, enacted by Laws 1969, ch. 207, § 1; 1983, ch. 181, § 10; 1984, ch. 22, § 11; 1993, ch. 134, § 1; 1995, ch. 112, § 1.
ANNOTATIONS
Cross references.
— For the definition of jail administrator,
see
4-44-19 NMSA 1978.
The 1995 amendment,
effective July 1, 1995, in Subsection A, substituted "of any county, with the approval of the committing judge or presiding judge, may" for "as defined in Section 4-44-19 NMSA 1978 of any county shall" in the first sentence, deleted "except when a prisoner is being credited with good time due to community service work that he is performing" from the end of the second sentence, and deleted the third through fifth sentences regarding deductions for community services; added Subsection B; and redesignated former Subsections B through D as Subsections C through E.
The 1993 amendment,
effective July 1, 1993, in Subsection A, in the first sentence, inserted "as defined in Section 4-44-19 NMSA 1978", deleted "with the approval of the district judge or committing judge, may" following the first occurrence of "county" and made two stylistic changes, in the second sentence, substituted "one-half" for "one-third" and added the language following "original sentence", and inserted the third, fourth, and fifth sentences; and, in Subsection B, inserted "establish rules and procedures for the forfeiture of accrued deductions and" in the second sentence.
This section does not require a sentencing judge to grant a convicted person the opportunity to earn good time credits while in jail.
State v. Wyman
, 2008-NMCA-113, 144 N.M. 701, 191 P.3d 559, cert. quashed, 2009-NMCERT-012, 147 N.M. 600, 227 P.3d 90.
Constitutionality of good time credit scheme.
— New Mexico's good time credit statutory scheme does not offend the constitutional guarantee of equal protection of the law; it is reasonable not to award good time credits for presentence confinement to detainees who are presumed innocent and therefore are not yet subject to rehabilitation efforts or to compulsory labor requirements, especially when they are held without systematic evaluation in county jails lacking rehabilitation programs.
State v. Aqui
, 1986-NMSC-048, 104 N.M. 345, 721 P.2d 771, cert. denied, 479 U.S. 917, 107 S. Ct. 321, 93 L. Ed. 2d 294 (1986).
New Mexico's statutory scheme making prisoners eligible for awards of good time credits for the periods of their post-sentencing confinement in Correction Department facilities and county jails but not for the periods of their presentence confinement in county jails does not offend the due process guarantees of the New Mexico and United States constitutions.
State v. Aqui
, 1986-NMSC-048, 104 N.M. 345, 721 P.2d 771, cert. denied, 479 U.S. 917, 107 S. Ct. 321, 93 L. Ed. 2d 294 (1986).
Failure to allow good time credit for presentence confinement does not subject a prisoner to double jeopardy.
Enright v. State
, 1986-NMSC-070, 104 N.M. 672, 726 P.2d 349.
New Mexico's statutory scheme, which does not allow good time credit for presentence confinement, does not offend the equal protection and due process guarantees of the New Mexico and United States constitutions.
Enright v. State
, 1986-NMSC-070, 104 N.M. 672, 726 P.2d 349.
Applicability of good time credits.
— Good time credits are available only to convicted and sentenced prisoners and did not apply to the defendant who was incarcerated between the date of the crime and the trial.
State v. Landgraf
, 1996-NMCA-024, 121 N.M. 445, 913 P.2d 252, cert. denied, 121 N.M. 375, 911 P.2d 883.
Discretion of administrators.
— Deduction of good time credits from an inmate's sentence is a discretionary matter entrusted not to the courts but to the administrators of the corrections department or the county jails.
State v. Aqui
, 1986-NMSC-048, 104 N.M. 345, 721 P.2d 771, cert. denied, 479 U.S. 917, 107 S. Ct. 321, 93 L. Ed. 2d 294 (1986).
Court of sentencing no effect upon good behavior credit.
— The fact that one prisoner committed to the county jail was sentenced in the municipal court and another was sentenced in a district court does not provide sufficient basis for classifying those two prisoners differently for purposes of granting credit for good behavior. 1972 Op. Att'y Gen. No. 72-57.
Law reviews.
— For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Penal and Correctional Institutions §§ 222 to 235.
Withdrawal, forfeiture, modification or denial of good time allowance to prisoner, 95 A.L.R.2d 1265.
72 C.J.S. Prisons and Rights of Prisoners §§ 144 to 153.