2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 21 - Sentence, Pardons and Paroles › Section 31-21-21 - Conditions of probation.

The board shall adopt general regulations concerning the conditions of probation which apply in the absence of specific conditions imposed by the court. All probationers are subject to supervision of the board unless otherwise specifically ordered by the court in the particular case. Nothing in the Probation and Parole Act limits the authority of the court to impose or modify any general or specific condition of probation. The board may recommend and by order the court may impose and modify any conditions of probation. The court shall transmit to the board and to the probationer a copy of any order.
History:
1953 Comp., § 41-17-36, enacted by Laws 1963, ch. 301, § 17.
ANNOTATIONS
Cross references.
— For state board of probation and parole as referring to the corrections division,
see
33-1-7 NMSA 1978.
Specific condition requiring search of defendant's car overrides contrary manual provisions.
— A specific condition requiring that a defendant submit to a search of his car upon request of his probation officer overrides manual provisions directing that probation officers abstain from searches of probationers.
State v. Gardner
, 1980-NMCA-122, 95 N.M. 171, 619 P.2d 847.
District court abused its discretion by modifying defendant's probation condition
which had been agreed upon pursuant to a plea bargain.
State v. Trujillo
, 1994-NMSC-066, 117 N.M. 769, 877 P.2d 575.
Law reviews.
— For annual survey of New Mexico law relating to administrative law, see 12 N.M.L. Rev. 1 (1982).
21 Am. Jur. 2d Criminal Law § 908 et seq.
Propriety of conditioning probation on defendant's remaining childless or having no additional children during probationary period, 94 A.L.R.3d 1218.
Right of defendant sentenced after revocation of probation to credit for jail time served as condition of probation, 99 A.L.R.3d 781.
Propriety of conditioning probation on defendant's not associating with particular person, 99 A.L.R.3d 967.
Propriety of conditioning probation on defendant's serving part of probationary period in jail or prison, 6 A.L.R.4th 446.
Power of court, after expiration of probation term, to revoke or modify probation for violations committed during the probation term, 13 A.L.R.4th 1240.
Propriety of requirement, as condition of probation, that defendant refrain from use of intoxicants, 19 A.L.R.4th 1251.
Power of court to revoke probation for acts committed after imposition of sentence but prior to commencement of probation term, 22 A.L.R.4th 755.
Defendant's right to credit for time spent in halfway house, rehabilitation center, or other restrictive environment as condition of probation, 24 A.L.R.4th 789.
Propriety of conditioning probation on defendant's not entering specified geographical area, 28 A.L.R.4th 725.
Propriety of conditioning probation on defendant's submission to polygraph or other lie detector testing, 86 A.L.R.4th 709.
Propriety of conditioning probation on defendant's submission to drug testing, 87 A.L.R.4th 929.
Who may institute proceedings to revoke probation, 21 A.L.R.5th 275.
Propriety of probation condition exposing defendant to public shame or ridicule, 65 A.L.R.5th 187.
Propriety, as condition of probation granted pursuant to 18 USCS § 3651, of requiring that probationer refrain from consumption of alcoholic beverages, 37 A.L.R. Fed. 843.
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.
Propriety, in criminal case, of Federal District Court order restricting defendant's right to re-enter or stay in United States, 94 A.L.R. Fed. 619.
24 C.J.S. Criminal Law § 1556.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity of requirement that, as condition of probation, defendant submit to warrantless searches, 99 A.L.R.5th 557.