2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 21 - Sentence, Pardons and Paroles › Section 31-21-10.2 - Parole for children sentenced as adults.

A. Unless subject to earlier eligibility for parole pursuant to another provision of law, a serious youthful offender sentenced pursuant to Section 31-18-15.3 NMSA 1978 or a youthful offender sentenced as an adult pursuant to Section 32A-2-20 NMSA 1978 shall be eligible for parole and entitled to a parole hearing after the offender has served:
(1) twenty-five years of the sentence if the sentence is for two or more convictions of first degree murder pursuant to Section 30-2-1 NMSA 1978;
(2) twenty years of the sentence if the sentence is for one conviction of either first degree willful and deliberate murder pursuant to Paragraph (1) of Subsection A of Section 30-2-1 NMSA 1978 or first degree depraved-mind murder pursuant to Paragraph (3) of Subsection A of Section 30-2-1 NMSA 1978; or
(3) fifteen years of the sentence if the sentence is for a conviction pursuant to any other qualifying provision of law.
Parole eligibility and a parole hearing shall occur whether the offender is serving concurrent or consecutive sentences for multiple convictions arising from the same case. If the offender is serving sentences for convictions arising from multiple cases, the time counted toward parole eligibility for a particular case does not begin to accrue until that sentence for the case is being served.
B. If parole is denied, the offender shall be eligible for parole and entitled to a parole hearing every five years thereafter, unless the offender is subject to earlier eligibility for parole pursuant to any other provision of law.
C. During a parole eligibility hearing involving an offender subject to a parole hearing pursuant to this section, the board shall take into consideration, in addition to other factors the board is required by law to consider:
(1) where available, a statement by a victim or a relative of a victim of the offense for which the offender is imprisoned;
(2) the offender's age at the time of committing the offense;
(3) the nature of the offense and the history and characteristics of the offender;
(4) whether the offender has substantially complied with the rules of the institution to which the offender has been confined, including whether the offender has completed an educational, vocational or other program, where available, while confined;
(5) whether the offender has demonstrated maturity, rehabilitation and a fitness to reenter society;
(6) physical, mental or psychiatric reports or examinations of the offender conducted by licensed health care professionals;
(7) the offender's family and community circumstances at the time of committing the offense, including the offender's history of abuse, trauma or involvement in the child welfare system;
(8) the extent of the offender's role in the offense and whether an adult or peer was involved in the offense;
(9) the diminished culpability of juveniles as compared to that of adults and the hallmark features of youth, including immaturity, impetuosity and failure to appreciate risks and consequences; and
(10) other information that the board deems relevant to its decision.
D. An offender eligible for parole pursuant to this section shall be entitled to representation by counsel at all parole eligibility hearings.
E. An offender eligible for or granted parole pursuant to this section shall be subject to those provisions of the Probation and Parole Act not in conflict with this section.
F. The board shall annually conduct a review of all offenders currently serving an adult sentence for an offense committed as a child to ensure that parole eligibility hearings required pursuant to this section are timely conducted.
History:
1978 Comp., § 31-21-10.2, enacted by Laws 2023, ch. 24, § 3.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 24 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.