2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 21 - Sentence, Pardons and Paroles › Section 31-21-5 - Definitions.

As used in the Probation and Parole Act:
A. "probation" means the procedure under which an adult defendant, found guilty of a crime upon verdict or plea, is released by the court without imprisonment under a suspended or deferred sentence and subject to conditions;
B. "parole" means the release to the community of an inmate of an institution by decision of the board or by operation of law, subject to conditions imposed by the board and to its supervision;
C. "institution" means the state penitentiary and any other similar state institution hereinafter created;
D. "board" means the parole board;
E. "director" means the director of the adult probation and parole division of the corrections department or any employee designated by the director;
F. "adult" means any person convicted of a crime by a district court;
G. "geriatric inmate" means a person who:
(1) is serving a sentence and is confined in a prison or other correctional institution under the control of the corrections department;
(2) is fifty-five years of age or older;
(3) suffers from a debilitating and chronic infirmity, illness or disease related to aging; and
(4) does not constitute a danger to the person's own self or to society at the time of review;
H. "permanently incapacitated inmate" means a person who:
(1) is serving a sentence and is confined in a prison or other correctional institution under the control of the corrections department;
(2) by reason of an existing medical condition is permanently and irreversibly physically incapacitated; and
(3) does not constitute a danger to the person's own self or to society at the time of review; and
I. "terminally ill inmate" means a person who:
(1) is serving a sentence and is confined in a prison or other correctional institution under the control of the corrections department;
(2) has an incurable condition caused by illness or disease that will, within reasonable medical judgment, produce death within six months; and
(3) does not constitute a danger to the person's own self or to society at the time of review.
History:
1953 Comp., § 41-17-14, enacted by Laws 1978, ch. 41, § 1; 1991, ch. 52, § 1; 2023, ch. 89, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 41, § 1, repealed 41-17-14, 1953 Comp. (former 31-21-5 NMSA 1978), relating to definitions in the Probation and Parole Act, and enacted a new section.
Cross references.
— For state board of probation and parole as referring to corrections division,
see
33-1-7 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, defined "geriatric inmate," "permanently incapacitated inmate," and "terminally ill inmate" and revised the definition of "director; in Subsection E, after "director of the", deleted "field services" and added "adult probation and parole"; and added Subsections G through I.
The 1991 amendment,
effective July 1, 1991, in Subsection D, substituted "parole board" for "state board of probation and parole" and in Subsection E substituted "director of the field services division of the corrections department" for "chief of the fields services bureau of the corrections division of the criminal justice department".
Where judgment contains no reference to probation.
— Defendant was on "probation" within meaning of statute, where sentence was suspended subject to conditions stated in judgment and defendant had signed an agreement concerning rules, regulations and conditions of probation, even though judgment entered at time of the original sentence contained no specific reference to probation.
State v. Sublett
, 1968-NMCA-001, 78 N.M. 655, 436 P.2d 515.
Presumption that court considers probation before sentencing.
— Where defendant's counsel asked the court to place defendant on probation before sentence was imposed, and no reasons were given by the court for denying probation, it is presumed the court considered the question of probation before sentencing defendant to the penitentiary.
State v. Follis
, 1970-NMCA-083, 81 N.M. 690, 472 P.2d 655.
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 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).
For note, "Parole Revocation and the Right to Counsel," see 5 N.M.L. Rev. 311 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 59 Am. Jur. 2d Pardon and Parole §§ 1 to 9, 74.
67A C.J.S. Pardon and Parole §§ 2 to 4, 39.