reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Cross 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).
2023 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.
ANNOTATIONS
Law reviews.
— For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972).
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Cross references.
— For state board of probation and parole as referring to corrections division,
see
33-1-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 21 - Sentence, Pardons and Paroles › Section 31-21-16 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1977, ch. 216, § 17, repealed 41-17-30 1953 Comp. (31-21-16 NMSA 1978), relating to discharge of prisoner or parolee.
2023 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.
ANNOTATIONS
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.
— 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.
2023 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.
ANNOTATIONS
Bracketed 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).
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Law 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).
2023 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.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted "full-time," preceding "professional" and "salaried" preceding "parole board".
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 21 - Sentence, Pardons and Paroles › Section 31-21-25.1 - Repealed.

History:
Laws 1994, ch. 21, § 3; repealed by Laws 2023, ch. 89, § 3.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 89, § 3 repealed 31-21-25.1 NMSA 1978, as enacted by Laws 1994, ch. 21, § 3, relating to parole board, additional powers and duties, medical and geriatric parole program, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 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.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 21 - Sentence, Pardons and Paroles › Section 31-21-27 - Reentry drug court program for inmates; district court supervision.

A. The corrections department shall develop criteria regarding the eligibility of an inmate for early release into a reentry drug court program, including requirements that the inmate:
(1) was incarcerated following conviction for a nonviolent, drug-related offense; and
(2) is within eighteen months of release or eligibility for parole.
B. The corrections department may petition a district court that operates a reentry drug court program to accept limited jurisdiction of an inmate. If the district court grants the petition, the district court shall have jurisdiction over the inmate and the corrections department shall retain its jurisdiction over the inmate pursuant to the terms of the inmate's judgment and sentence.
C. The provisions of this section shall not be interpreted to change the jurisdictional authority of the sentencing court, pursuant to the provisions of the Rules of Criminal Procedure for the District Courts, as promulgated by the supreme court. The jurisdictional authority conferred upon a reentry drug court pursuant to this section is limited to acceptance and supervision of a released inmate by the reentry drug court program.
D. The provisions of this section shall not be interpreted to limit the statutory authority vested in the adult probation and parole division of the corrections department, pursuant to the provisions of the Probation and Parole Act [31-21-22 to 31-21-26 NMSA 1978].
History:
Laws 2001, ch. 35, § 1.
ANNOTATIONS
Cross references.
— For Rules of Criminal procedure for the District Courts,
see
Rule 5-101 NMRA et seq.
Effective dates.
— Laws 2001, ch. 35, § 2 made the act effective on July 1, 2001.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-1 - Short title.

Chapter 31, Article 22 NMSA 1978 may be cited as the "Crime Victims Reparation Act".
History:
Laws 1981, ch. 325, § 1; 1993, ch. 207, § 1.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "Chapter 31, Article 22 NMSA 1978" for "This act".
Compiler's notes.
— Laws 1990, ch. 10, § 4 repealed Laws 1981, ch. 325, § 26, as amended, which had provided for delayed repeals of sections of this article on specified dates.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 21A Am. Jur. 2d Criminal Law § 1321 et seq.
Statutes providing for governmental compensation for victims of crime, 20 A.L.R.4th 63.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-2 - Purpose.

The purpose of the Crime Victims Reparation Act is to protect the citizens of New Mexico from the impact of crime and to promote a stronger criminal justice system through the encouragement of all citizens to cooperate with law enforcement efforts. Implementation of the Crime Victims Reparation Act will promote the public health, welfare and safety of the citizens of New Mexico.
History:
Laws 1981, ch. 325, § 2.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-4 - Crime victims reparation commission created; membership; reimbursement.

A. There is created in the executive branch of government a "crime victims reparation commission" which shall consist of five members appointed by the governor for staggered terms of four years each. Not more than three of the members shall belong to the same political party. One of the members shall be an attorney licensed to practice law in the state, one of the members shall be a physician licensed to practice medicine in the state and one of the members shall be a representative of a law enforcement agency. In making the initial appointments, the governor shall appoint three members for a term of two years each and two members for a term of four years each. Thereafter, appointments shall be for a term of four years. The governor may appoint a person to fill a vacancy for the balance of the unexpired term.
B. The members of the commission shall annually elect from their membership a chairman and vice chairman.
C. Members of the commission, while in the actual performance of their duties pursuant to the Crime Victims Reparation Act, shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
D. The commission may employ a director and such staff as is necessary to perform its functions.
History:
Laws 1981, ch. 325, § 4; 1989, ch. 246, § 2; 1993, ch. 207, § 3.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, deleted "and" following "practice law in the state" and added the language beginning "and one of the members" to the end, in the third sentence of Subsection A.
The 1989 amendment,
effective June 16, 1989, inserted "a director and" in Subsection D.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-6 - Medical examination; attorneys' fees; penalty.

A. The commission may appoint an impartial physician, licensed in New Mexico, to examine any person making an application for reparation under the Crime Victims Reparation Act, and the fees for the examination shall be paid from funds appropriated for the commission's administrative expenses.
B. None of the appropriation in this act [31-22-1 to 31-22-21 NMSA 1978] shall be used to pay attorney fees either as part of or in addition to awards of reparation. In cases where no reparation is awarded, attorney fees shall not be paid.
History:
Laws 1981, ch. 325, § 6.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-8 - Crimes enumerated.

A. The crimes to which the Crime Victims Reparation Act applies and for which reparation to victims may be made are the following enumerated offenses and all other offenses in which any enumerated offense is necessarily included:
(1) arson resulting in bodily injury;
(2) aggravated assault or aggravated battery;
(3) dangerous use of explosives resulting in bodily injury;
(4) negligent use of a deadly weapon;
(5) murder;
(6) voluntary manslaughter;
(7) involuntary manslaughter;
(8) kidnapping;
(9) criminal sexual penetration;
(10) criminal sexual contact of a minor;
(11) failure to give information and render aid, as provided in Section 66-7-201 or 66-7-203 NMSA 1978;
(12) homicide by vehicle or great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
(13) abandonment or abuse of a child;
(14) aggravated indecent exposure, as provided in Section 30-9-14.3 NMSA 1978;
(15) stalking;
(16) human trafficking;
(17) assault against a household member; and
(18) battery against a household member.
B. No award shall be made for any loss or damage to property.
History:
Laws 1981, ch. 325, § 8; 1983, ch. 319, § 1; 1989, ch. 246, § 4; 1990, ch. 10, § 2; 1997, ch. 268, § 2; 2001, ch. 214, § 2; 2013, ch. 200, § 4; 2015, ch. 10, § 1; 2018, ch. 33, § 1.
ANNOTATIONS
The 2018 amendment,
effective May 16, 2018, added failure to give information and render aid to the list of crimes for which crime victim reparation may be made under the Crime Victims Reparation Act; and added a new Paragraph A(11) and redesignated the succeeding paragraphs accordingly.
The 2015 amendment,
effective July 1, 2015, provided for new crimes to which the Crime Victims Reparation Act applies, and removed certain crimes from the list to which the Crime Victims Reparation Act applies; deleted former Paragraph (2) of Subsection A and renumbered the succeeding paragraphs accordingly; in Subsection A, Paragraph (3), after "explosives", added "resulting in bodily injury"; in Subsection A, Paragraph (14), deleted "aggravated" preceding "stalking", and after "stalking", deleted "as provided in Section 30-3A-3.1 NMSA 1978"; and added new Paragraphs (16) and (17).
The 2013 amendment,
effective July 1, 2013, added the crime of human trafficking; and added Paragraph (16) of Subsection A.
The 2001 amendment,
effective June 15, 2001, rewrote Paragraph A(15), which formerly read "stalking, as provided in Section 30-3A-3 NMSA 1978, when the offender has at least one prior conviction for stalking".
The 1997 amendment,
effective July 1, 1997, added Paragraphs A(14) and A(15) and made stylistic changes.
The 1990 amendment,
effective May 16, 1990, inserted "as defined in Section 66-8-101 NMSA 1978" in Paragraph (12) of Subsection A.
The 1989 amendment,
effective June 16, 1989, substituted "kidnaping" for "kidnapping" in Subsection A(9), and added Subsection A(13).
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-9 - Award of reparation.

The commission may order payment of reparation for:
A. expenses actually and reasonably incurred as a result of the victim's injury or death;
B. loss to the victim of earning power as a result of total or partial incapacity;
C. any other pecuniary loss directly resulting from the victim's injury or death which the commission determines to be reasonable and proper; and
D. any expenses incurred for rehabilitation services provided to a victim of child abuse or neglect, including child sexual abuse, but awards made pursuant to this subsection shall be made directly to the provider of the rehabilitation services for payment of those services.
History:
Laws 1981, ch. 325, § 9; 1989, ch. 246, § 5.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, added Subsection D.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-10 - Relationship to offender.

Except for amounts payable pursuant to Subsection D of Section 31-22-9 NMSA 1978, no reparation shall be awarded if the victim:
A. was a member of the offender's family relationship group where payment of reparation would unjustly enrich the offender; or
B. was an accomplice of the offender.
History:
Laws 1981, ch. 325, § 10; 1989, ch. 246, § 6; 1990, ch. 10, § 3.
ANNOTATIONS
The 1990 amendment,
effective May 16, 1990, deleted former Subsection A which read "is a relative of the offender" and redesignated former Subsections B and C as present Subsections A and B.
The 1989 amendment,
effective June 16, 1989, added "Except for amounts payable pursuant to Subsection D of Section 31-22-9 NMSA 1978" at the beginning of the undesignated introductory paragraph, and added all of the language of Subsection B following "group".
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-11 - No award to certain confined persons.

No award shall be made pursuant to the provisions of the Crime Victims Reparation Act to a victim injured while confined in a county or municipal jail, penitentiary or other correctional facility.
History:
Laws 1981, ch. 325, § 11.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-12 - Recovery from offender.

Whenever an award of reparation is made pursuant to the Crime Victims Reparation Act, the state is, upon payment of the award, subrogated to the right of action of the victim or his dependents against the person responsible for the injury or death and may bring an action against such person for the amount of the reparation paid.
History:
Laws 1981, ch. 325, § 12.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-13 - Terms of order.

Any order for the payment of reparation under the Crime Victims Reparation Act may be made on such terms as the commission deems appropriate. The order may provide for apportionment of reparation or for the holding of reparation or any part thereof in trust and for the payment of reparation in a lump sum or in periodic installments. All such orders shall contain words clearly informing the claimant that all awards and orders for reparation under the Crime Victims Reparation Act are subject to the making of an appropriation by the legislature to pay the claim.
History:
Laws 1981, ch. 325, § 13.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-15 - Exemption from execution.

No reparation payable under the Crime Victims Reparation Act shall be, prior to its actual receipt by the victim or dependents entitled thereto or their legal representatives, assignable or subject to garnishment, execution, attachment or other process whatsoever, including process to satisfy an order or judgment for support or alimony.
History:
Laws 1981, ch. 325, § 15.
ANNOTATIONS
Cross references.
— For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts,
see
Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.
For form for claim of exemptions on executions,
see
Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings,
see
Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit,
see
Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution,
see
Rule 4-808A NMRA.
For form for claim of exemption from garnishment,
see
Rule 4-809 NMRA.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-16 - Survival or abatement.

The rights to reparation created by the Crime Victims Reparation Act are personal and shall not survive the death of the victim or dependents entitled thereto; provided that if such death occurs after an application for reparation has been filed with the commission, the proceeding shall not abate, but may be continued by the legal representative of the decedent's estate.
History:
Laws 1981, ch. 325, § 16.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-17 - Rule-making powers.

In performance of its functions the commission may adopt, amend and repeal rules and regulations in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], not inconsistent with the Crime Victims Reparation Act, prescribing procedures to be followed in the filing of applications and the proceedings under the Crime Victims Reparation Act and such other matters as the commission deems appropriate. Unless otherwise provided by law, no regulation affecting any person or agency outside the commission shall be adopted, amended or repealed without a public hearing on the proposed action before the commission or a hearing officer designated by them. Notice of the subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed regulation, proposed amendment or repeal of an existing regulation may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules and regulations shall be filed in accordance with the State Rules Act. In filing the rule or regulation with the state records center, the commission shall certify that the record contains arguments presented both for and against each rule or regulation promulgated.
History:
Laws 1981, ch. 325, § 17.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-18 - Confidentiality of records, reports and claim files.

Any record or report acquired by the commission, the confidentiality of which is protected by law, rule or regulation, shall be disclosed only under the same terms and conditions which protected its confidentiality prior to such acquisition. The claim file, which contains confidential reports, records and personal information, shall not be released.
History:
Laws 1981, ch. 325, § 18; 1993, ch. 207, § 7; 2001, ch. 214, § 4.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "confidential reports, records and personal information" for "the victim's name, address, telephone number and other personal information regarding the victim" in the last sentence.
The 1993 amendment,
effective June 18, 1993, substituted "reports and claim files" for "and reports" in the catchline and added the second sentence.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-19 - Annual report.

At least thirty days prior to the convening of each regular session of the legislature, the commission shall transmit to the governor, the department of finance and administration and the legislature a report of its activities under the Crime Victims Reparation Act. The department of finance and administration shall, within five days after the opening of the legislative session, transmit the report, together with a tabulation of the total amount awarded and the amount of any judgments collected, to the senate finance committee and to the house appropriations and finance committee or any successor committees.
History:
Laws 1981, ch. 325, § 19; 1989, ch. 246, § 8; 1993, ch. 207, § 8.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, deleted "including a brief description of the facts in each case and the amount, if any, of reparation awarded" from the end of the first sentence.
The 1989 amendment,
effective June 16, 1989, deleted "the name of each applicant," following "including" in the first sentence.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-20 - Penalty.

Any person who knowingly makes a false claim or a false statement in connection with a claim filed pursuant to the Crime Victims Reparation Act shall be guilty of a fourth degree felony and for conviction thereof shall:
A. be punished by imprisonment in the state penitentiary for a determinate term of not less than one year nor more than five years; or by the payment of a fine not to exceed five thousand dollars ($5,000) or both such imprisonment and fine in the discretion of the court; and
B. forfeit any reparation paid pursuant to the Crime Victims Reparation Act.
History:
Laws 1981, ch. 325, § 20.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-21 - Crime victims reparation fund created; purposes.

A. There is created in the state treasury the "crime victims reparation fund".
B. Money in the crime victims reparation fund may be expended by the commission to:
(1) pay any award of reparation to victims made pursuant to the Crime Victims Reparation Act;
(2) pay costs and expenses including staff salaries and expenses incurred in carrying out the provisions of the Crime Victims Reparation Act; and
(3) contract with one or more attorneys or law firms on a per hour basis to provide legal services to the commission.
C. The provisions of this section are effective July 1, 1990.
History:
Laws 1981, ch. 325, § 21; 1989, ch. 324, § 24.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1990, in Subsection A, inserted "in the state treasury" and deleted the former second sentence which read " The fund and any income from the fund shall be held in trust, deposited in a segregated account and invested by the department of finance and administration with the prior approval of the state board of finance".
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-22 - Distribution of money received as result of crime; escrow account.

A. Every firm, person, corporation, association or other legal entity contracting with a person or the representative or assignee of any person charged or convicted of a violent crime in this state, with respect to the reenactment of the crime in a movie, book, magazine article, tape recording, phonograph record, radio or television presentation or live entertainment or with respect to the expression of the accused or convicted person's thoughts, feelings, opinions or emotions regarding the crime shall submit a copy of the contract to the crime victims reparation commission and pay to the commission any money that would otherwise by terms of such contract be owing to the accused or convicted person or his representatives. The commission shall deposit the money in an escrow account.
B. Money placed in an escrow account pursuant to this section shall be available to satisfy a civil judgment against the convicted person or the accused person, if eventually convicted of the crime, in favor of a victim of the crime if the court in which the civil judgment is taken finds that the judgment is for damages incurred by the victim caused by the commission of the crime.
C. Upon dismissal of charges or acquittal of any accused person, the commission shall immediately pay over to the accused person the money in the escrow account.
D. For purposes of this section, a person found not guilty by reason of insanity at the time of commission of an offense shall be deemed to be a convicted person.
E. Notwithstanding the provisions of Subsections A through C of this section, the commission shall make payments from the escrow account to any person accused or convicted of a crime upon the order of a court of competent jurisdiction after a showing by such person that the money shall be used for the exclusive purpose of retaining legal representation at any stage of the criminal proceedings against such person, including the appeals process.
F. Upon a showing by any accused or convicted person that five years have elapsed from the establishment of the escrow account, that any claims brought pursuant to this section have been disposed of and that no such claims are pending against him, the commission shall immediately pay over to such accused or convicted person any money in the escrow account.
G. Any action taken by any person accused or convicted of a crime, whether by way of execution of a power of attorney, creation of corporate entities or otherwise to defeat the purpose of this section, shall be null and void as against the public policy of the state.
History:
1978 Comp., § 31-22-22, enacted by Laws 1983, ch. 321, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity, construction, and application of "Son of Sam" laws regulating or prohibiting distribution of crime-related book, film, or comparable revenues to criminals, 60 A.L.R.4th 1210.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-23 - Authority to compel production.

The commission has the power to compel the production of books, records and papers pertinent to any investigation or hearing authorized by the Crime Victims Reparation Act and can seek enforcement of any subpoena so issued through the district court in the county in which the custodian of the document is located to be held in camera.
History:
1978 Comp., § 31-22-23, enacted by Laws 1989, ch. 246, § 9.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 22 - Crime Victims Reparations › Section 31-22-24 - Repealed.

History:
Laws 1993, ch. 207, § 10; 2000, ch. 4, § 3; repealed by Laws 2005, ch. 208, § 27.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 208, § 27 repealed 31-22-24 NMSA 1978, as enacted by Laws 1993, ch. 207, § 10, relating to termination of the crime victims reparation commission, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 23 - Crime Victims Immunity › Section 31-23-1 - Civil action; crime; damages; immunity.

No person shall be liable to a plaintiff in any civil action for damages if by a preponderance of the evidence the damages were incurred as a consequence of:
A. the commission, attempted commission or flight subsequent to the commission of a crime by the plaintiff; and
B. the use of force or deadly force by the defendant which is justified pursuant to common law or the law of the state.
History:
Laws 1985, ch. 152, § 1.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 24 - Crime Victims' and Witnesses' Bill of Rights (Repealed.) › Section 31-24-1 to 31-24-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 144, § 15 repealed 31-24-1 to 31-24-7 NMSA 1978, as enacted by Laws 1989, ch. 210, §§ 2, 3 and Laws 1987, ch. 19, §§ 1-7, relating to crime victims' and witnessess' bill of rights, effective January 1, 1995. For provisions of former sections,
see
the 1993 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
31-26-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 25 - Victim Counselor Confidentiality › Section 31-25-1 - Short title.

This act [31-25-1 to 31-25-6 NMSA 1978] may be cited as the "Victim Counselor Confidentiality Act".
History:
Laws 1987, ch. 349, § 1.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 25 - Victim Counselor Confidentiality › Section 31-25-2 - Definitions.

As used in the Victim Counselor Confidentiality Act:
A. "confidential communication" means any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor's treatment of the victim for any emotional or psychological condition resulting from a sexual assault or family violence;
B. "victim" means a person who consults a victim counselor for assistance in overcoming adverse emotional or psychological effects of a sexual assault or family violence;
C. "victim counseling" means assessment, diagnosis and treatment to alleviate the adverse emotional or psychological impact of a sexual assault or family violence on the victim. Victim counseling includes crisis intervention;
D. "victim counseling center" means a private organization or unit of a government agency which has as one of its primary purposes the treatment of victims for any emotional or psychological condition resulting from a sexual assault or family violence; and
E. "victim counselor" means any employee or supervised volunteer of a victim counseling center or other agency, business or organization that provides counseling to victims who is not affiliated with a law enforcement agency or the office of a district attorney, has successfully completed forty hours of academic or other formal victim counseling training or has had a minimum of one year of experience in providing victim counseling and whose duties include victim counseling.
History:
Laws 1987, ch. 349, § 2.
ANNOTATIONS
Exclusion of victim advocates from definition of "victim counselor"
in the Victim Counselor Confidentiality Act indicates the possibility that their work might be viewed as counseling.
State v. Blackmer
, 2005-NMSC-008, 137 N.M. 258, 110 P.3d 66.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 25 - Victim Counselor Confidentiality › Section 31-25-3 - Confidential communications; information; privileged.

A. A victim, a victim counselor without the consent of the victim or a minor or incapacitated victim without the consent of a custodial guardian or a guardian ad litem appointed upon application of either party shall not be compelled to provide testimony or to produce records concerning confidential communications for any purpose in any criminal action or other judicial, legislative or administrative proceeding.
B. A victim counselor or a victim shall not be compelled to provide testimony in any civil or criminal proceeding that would identify the name, address, location or telephone number of a safe house, abuse shelter or other facility that provided temporary emergency shelter to the victim of the offense or occurrence that is the subject of a judicial, legislative or administrative proceeding unless the facility is a party to the proceeding.
History:
Laws 1987, ch. 349, § 3.
ANNOTATIONS
Consistent with court rule.
— The Victim Counselor Confidentiality Act is consistent with the psychotherapist-patient privilege in Rule 11-504 NMRA and it is to be given effect.
Albuquerque Rape Crisis Center v. Blackmer
, 2005-NMSC-032, 138 N.M. 398, 120 P.3d 820.
Law reviews.
— For note and comment, "The Unstated Tension in Albuquerque Rape Crisis Center v. Blackmer: A Divergence Between Formalism and Functionalism", see 36 N.M. L. Rev. 661 (2006).
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 25 - Victim Counselor Confidentiality › Section 31-25-4 - Waiver.

A. A victim does not waive the protections afforded by the Victim Counselor Confidentiality Act by testifying in court about the crime; provided that if the victim partially discloses the contents of a confidential communication in the course of his testimony, then either party to the action may request the court to rule that justice requires the protections of that act be waived to the extent they apply to that portion of the communication. Waiver shall apply only to the extent necessary to require any witness to respond to questions concerning the confidential communication that are relevant to the facts and circumstances of the case.
B. A victim counselor shall not have authority to waive the protections afforded to a victim under the Victim Counselor Confidentiality Act; provided that if a victim brings suit against a victim counselor or the agency, business or organization in which the victim counselor was employed or served as a volunteer at the time of the counseling relationship and the suit alleges malpractice during the counseling relationship, the victim counselor may testify or produce records regarding confidential communications with the victim without liability for those actions.
History:
Laws 1987, ch. 349, § 4.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 25 - Victim Counselor Confidentiality › Section 31-25-5 - Interpretation.

The Victim Counselor Confidentiality Act shall not be construed to relieve a victim counselor of a duty to report suspected child abuse or neglect pursuant to Section 32-1-15 NMSA 1978 [repealed], to report any evidence that the victim is about to commit a crime or to limit any testimonial privileges available to any person pursuant to other provisions of law.
History:
Laws 1987, ch. 349, § 5.
ANNOTATIONS
Compiler's notes.
— Section 32-1-15 NMSA 1978 was repealed in 1993. For present comparable provisions,
see
32A-4-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 25 - Victim Counselor Confidentiality › Section 31-25-6 - Rules.

The supreme court may adopt rules of procedure and evidence to govern and implement the provisions of the Victim Couselor [Counselor] Confidentiality Act.
History:
Laws 1987, ch. 349, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-1 - Short title.

Chapter 31, Article 26 NMSA 1978 may be cited as the "Victims of Crime Act".
History:
Laws 1994, ch. 144, § 1; 2005, ch. 283, § 2.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, added the statutory reference to the act.
Law reviews.
— For note and comment, "Complying with Nunez: The Necessary Procedure for Obtaining Forfeiture of Property and Avoiding Double Jeopardy after State v. Esparza," see 34 N.M. L. Rev. 561 (2004).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity, construction, and application of state constitutional or statutory victims' bill of rights, 91 A.L.R.5th 343.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-2 - Purpose of act.

Recognizing the state's concern for victims of crime, it is the purpose of the Victims of Crime Act to assure that:
A. the full impact of a crime is brought to the attention of a court;
B. victims of violent crimes are treated with dignity, respect and sensitivity at all stages of the criminal justice process;
C. victims' rights are protected by law enforcement agencies, prosecutors and judges as vigorously as are the rights of criminal defendants; and
D. the provisions of Article 2, Section 24 of the constitution of New Mexico are implemented in statute.
History:
Laws 1994, ch. 144, § 2.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-5 - Exercise of rights; requirements for victim.

A victim may exercise his rights pursuant to the provisions of the Victims of Crime Act only if he:
A. reports the criminal offense within five days of the occurrence or discovery of the criminal offense, unless the district attorney determines that the victim had a reasonable excuse for failing to do so;
B. provides the district attorney with current and updated information regarding the victim's name, address and telephone number; and
C. fully cooperates with and fully responds to reasonable requests made by law enforcement agencies and district attorneys.
History:
Laws 1994, ch. 144, § 5.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-6 - When rights and duties take effect; termination of rights and duties.

The rights and duties established pursuant to the provisions of the Victims of Crime Act take effect when an individual is formally charged by a district attorney for allegedly committing a criminal offense against a victim. Those rights and duties remain in effect until final disposition of the court proceedings attendant to the charged criminal offense.
History:
Laws 1994, ch. 144, § 6.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-7 - Designation or appointment of victim's representative.

A. A victim may designate a victim's representative to exercise all rights provided to the victim pursuant to the provisions of the Victims of Crime Act. A victim may revoke his designation of a victim's representative at any time.
B. When a victim is deceased, incompetent or unable to designate a victim's representative, the court may appoint a victim's representative for the victim. If a victim regains his competency, he may revoke the court's appointment of a victim's representative.
C. When the victim is a minor, the victim's parent or grandparent may exercise the victim's rights; provided, that when the person accused of committing the criminal offense against the victim is the parent or grandparent of the victim, the court may appoint a victim's representative for the victim.
History:
Laws 1994, ch. 144, § 7.