State Correctional Facilities

NMSA 1978 ch. 33, art. 2

in effect

NMSA 1978, § 33-2-1 Adoption of rules

33-2-1. Adoption of rules The corrections division [corrections department] shall adopt such rules concerning all prisoners committed to the penitentiary as shall best accomplish their confinement and rehabilitation. 1953 Comp., § 42-1-1.1, enacted by Laws 1955, ch. 149, § 1; 1977, ch. 257, § 62.

NMSA 1978, § 33-2-2 [Present penitentiary identified as one referred to in constitution as a beneficiary; rights and titles.]

33-2-2. [Present penitentiary identified as one referred to in constitution as a beneficiary; rights and titles.] The penitentiary of New Mexico as herein established as a body politic and corporate, is hereby declared to be the same institution enumerated in Section 1 of Article XIV of the constitution of New Mexico, and the same institution which is one of the beneficiaries of the lands donated by the United States government to the state of New Mexico in trust for said institution, and as such body politic and corporate is hereby vested with the absolute legal right and title to all real estate, personal property and other assets and things of value heretofore held, used and operated by the board of commissioners of the penitentiary [corrections department] of New Mexico before incorporation, and all appropriations heretofore made, including the right to receive the benefits and proceeds of permanent and current funds pursuant to the Enabling Act. Laws 1939, ch. 55, § 2; 1941 Comp., § 45-102; 1953 Comp., § 42-1-2.

NMSA 1978, § 33-2-3 [Previous matters unimpaired.]

33-2-3. [Previous matters unimpaired.] That nothing in this act contained is intended to alter or in any manner affect the validity of the commitment, imprisonment, parole or discharge of any and all prisoners now confined in said penitentiary, or in any way to alter the rules and regulations thereof, except as herein specifically provided. Laws 1939, ch. 55, § 3; 1941 Comp., § 45-103; 1953 Comp., § 42-1-3.

NMSA 1978, § 33-2-4 [Transfer of title to new corporation.]

33-2-4. [Transfer of title to new corporation.] That the governor of the state of New Mexico is hereby authorized and empowered upon the application of the penitentiary of New Mexico, as a body corporate, to execute in the name of the state of New Mexico any necessary deed or deeds, or other conveyances or assurances of title to vest in the penitentiary of New Mexico, as a corporation, complete legal title to any and all real, personal or mixed property heretofore held, used and possessed by the state of New Mexico for the board of penitentiary commissioners [corrections department], and by the board of penitentiary commissioners [department] and their predecessors in office, and the secretary of state is authorized and directed to attest the signature of the governor to any such document and to affix the great seal of the state of New Mexico thereto. Laws 1939, ch. 55, § 4; 1941 Comp., § 45-104; 1953 Comp., § 42-1-4.

NMSA 1978, § 33-2-5 Disposition of unneeded property

33-2-5. Disposition of unneeded property A. If the penitentiary of New Mexico, as a body corporate, possesses any real, personal or mixed property of any kind that, in the judgment of the secretary of corrections is no longer required for the use of the penitentiary, then the penitentiary of New Mexico has the right to sell, trade, mortgage or otherwise alienate any real, personal or mixed property for such price and upon such terms as seems just and proper to the secretary of corrections, and the proceeds to be derived from any such transaction shall become the property of the penitentiary of New Mexico; provided, however, that in all cases of the sale, trade, mortgage or other alienation of real property belonging to the penitentiary of New Mexico, the same shall not take effect until approved by the department of finance and administration. B. K-9 dogs are exempt from the provisions of Subsection A of this section. If the secretary of corrections finds that the K-9 dog presents no threat to public safety, the K-9 dog shall be released from public ownership as provided in this subsection. The K-9 dog shall first be offered to its trainer or handler free of charge. If the trainer or handler does not want to take ownership of the K-9 dog, then the K-9 dog shall be offered to an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 free of charge. If both of the above fail, the K-9 dog shall only be sold to a qualified individual found capable of providing a good home to the animal. Laws 1939, ch. 55, § 5; 1941 Comp., § 45-105; Laws 1951, ch. 61, § 2; 1953 Comp., § 42-1-5; Laws 1977, ch. 257, § 63; 2013, ch. 9, § 2.

NMSA 1978, § 33-2-6 Improvements in penitentiary; labor by convicts

33-2-6. Improvements in penitentiary; labor by convicts The corrections division [corrections department] shall decide what improvements shall be made in the penitentiary and on property owned by the penitentiary, whether the same shall be enlarged, or the erection of the extension of the prison or prison walls, the erection of workshops or other buildings or improvements shall be made; provided that the corrections division [corrections department] shall not make any improvements that will require an expenditure of money in excess of the appropriations made by the legislature for that purpose, which improvements shall be made under the direction of the warden on plans furnished by the division [department] and he shall employ such number of convicts in making such improvements as the division [department] may deem advisable, and shall employ the remainder of the convicts as may be most advantageous to the state or the penitentiary. All amounts received by the penitentiary of New Mexico from the sale or mortgaging of any real property is [are] hereby appropriated to be used for the purchase of equipment for prison industries, or for the construction of buildings or structures for prison industries, or used to pay interest on, or to retire any bonds issued by the penitentiary commissioners or the corrections division [corrections department]. Laws 1889, ch. 76, § 29; C.L. 1897, § 3518; Code 1915, § 5041; C.S. 1929, § 130-124; 1941 Comp., § 45-111; Laws 1951, ch. 61, § 3; 1953 Comp., § 42-1-11; Laws 1955, ch. 238, § 1; 1963, ch. 168, § 1; 1977, ch. 257, § 64.

NMSA 1978, § 33-2-7 Penitentiary; conflict of interest[; penalties]

33-2-7. Penitentiary; conflict of interest[; penalties] Should any member or employee of the corrections division [corrections department], officer or other employee of the penitentiary, become interested in any manner in any contract for providing provisions, clothing or other necessaries for the use of said penitentiary, or become in any way interested in any contract for buildings or the construction of any buildings of any kind connected with said penitentiary or for furnishing materials for any such building, such member, officer or employee so interested, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be removed from office, or employment and shall forfeit any interest he may have in such contract, and shall be fined not more than two thousand dollars ($2,000) nor less than five hundred dollars ($500). Laws 1889, ch. 76, § 20; C.L. 1897, § 3509; Code 1915, § 5035; C.S. 1929, § 130-118; 1941 Comp., § 45-116; 1953 Comp., § 42-1-16; Laws 1977, ch. 257, § 65.

NMSA 1978, § 33-2-8 [Accepting compensation from contractor; aiding escape of prisoner; penalties.]

33-2-8. [Accepting compensation from contractor; aiding escape of prisoner; penalties.] No officer or other person employed in or about the penitentiary shall be permitted to receive any compensation or reward from any contractor, under penalty of dismissal from office, and forfeiture of all pay due, and if any officer procure the escape of any convict, or connive at, aid or assist in the escape of any convict from the penitentiary, whether such convict escape or not, he shall be guilty of felony and shall, upon conviction thereof, be sentenced to hard labor in the penitentiary for any term not less than one year, nor more than three years. Laws 1889, ch. 76, § 25; C.L. 1897, § 3514; Code 1915, § 5039; C.S. 1929, § 130-122; 1941 Comp., § 45-117; 1953 Comp., § 42-1-17.

NMSA 1978, § 33-2-9 Corrections department; contracts; gifts; penalties

33-2-9. Corrections department; contracts; gifts; penalties No officer or employee of the corrections department shall enter into any business venture or contract with or, under any pretense whatever, receive from any inmate or parolee any sum of money, emolument or reward or any article of value under the penalty of being discharged from service or from office and forfeiting all money, of whatever kind, due him, from the department or state, and being disqualified from ever holding that position in the future. Laws 1889, ch. 76, § 28; C.L. 1897, § 3517; Code 1915, § 5040; C.S. 1929, § 130-123; 1941 Comp., § 45-118; 1953 Comp., § 42-1-18; Laws 1977, ch. 257, § 66; 1982, ch. 43, § 1.

NMSA 1978, § 33-2-10 Penitentiary; rules and regulations

33-2-10. Penitentiary; rules and regulations The corrections division [corrections department] shall make such rules and regulations for the government, discipline and police of the penitentiary, and for the punishment of the prisoners confined therein, not inconsistent with the law, as it may deem expedient, and until such regulations are made, the regulations now in force shall continue in force. The division [department] shall exercise a general superintendence and control over the government and disipline [discipline] of the penitentiary, cause such rules and regulations as it may prescribe for the government and discipline of the penitentiary to be printed and placed in some conspicuous place therein, and shall visit the said penitentiary once in each month, and inspect the same. Laws 1889, ch. 76, § 8; C.L. 1897, § 3498; Code 1915, § 5031; C.S. 1929, § 130-114; 1941 Comp., § 45-119; 1953 Comp., § 42-1-19; Laws 1977, ch. 257, § 67.

NMSA 1978, § 33-2-11 Corrections department powers; complaints

33-2-11. Corrections department powers; complaints A. The corrections department has the power and the duty to examine and inquire into all matters connected with the government, discipline and police of the corrections facilities and the punishment and treatment of the prisoners; the department, shall inspect the corrections facilities and listen to any complaints of oppression or misconduct on the part of the warden or any of the other employees under him; and for that purpose, the secretary of corrections has the power to issue subpoenas and compel attendance of witnesses and to administer oaths. B. No court of this state shall acquire subject-matter jurisdiction over any complaint, petition, grievance or civil action filed by any inmate of the corrections department with regard to any cause of action pursuant to state law that is substantially related to the inmate's incarceration by the corrections department until the inmate exhausts the corrections department's internal grievance procedure. Upon exhaustion of this administrative remedy, the first judicial proceeding shall be a de novo hearing, unless otherwise provided by law. C. In any action brought by an inmate of the corrections department pursuant to Section 1979 of the Revised Statutes of the United States, 42 U.S.C. Section 1983, the court shall, if the court believes that such a requirement would be appropriate and in the interests of justice, continue the case for a period of ninety days for the purpose of exhaustion by the inmate of any available plain, speedy and effective administrative remedies, but the exhaustion of those remedies shall not be required unless the court has determined, or the attorney general of the United States has certified, that the administrative remedies are in substantial compliance with the minimum acceptable standards adopted under 42 U.S.C. Section 1997e(b). Laws 1889, ch. 76, § 9; C.L. 1897, § 3499; Code 1915, § 5032; C.S. 1929, § 130-115; 1941 Comp., § 45-120; 1953 Comp., § 42-1-20; Laws 1977, ch. 257, § 68; 1990, ch. 9, § 1.

NMSA 1978, § 33-2-12 Visitors

33-2-12. Visitors The following persons are authorized to visit the penitentiary at pleasure: the governor, judges of the supreme court and the secretary of the criminal justice department [corrections department] or his duly authorized representative; and no other persons shall be permitted to go within the walls of the penitentiary where the convicts are confined except by permission of the warden. Laws 1889, ch. 76, § 18; C.L. 1897, § 3507; Code 1915, § 5033; C.S. 1929, § 130-116; Laws 1939, ch. 55, § 11; 1941 Comp., § 45-121; 1953 Comp., § 42-1-21; Laws 1977, ch. 257, § 69.

NMSA 1978, § 33-2-12.1 Corrections; family visits

33-2-12.1. Corrections; family visits The secretary of corrections may promulgate rules and regulations providing for family visits between minimum or medium security inmates confined at state correctional facilities and their families. As used in this section: A. "family" means the inmate's legal spouse, natural parents, adoptive parents, if the adoption occurred and a family relationship existed prior to the inmate's incarceration, stepparents or foster parents, grandparents, brothers and sisters, natural and adoptive children, stepchildren and grandchildren. The term does not include the inmate's aunts, uncles and cousins unless a bona fide foster relationship exists, nor does it include persons with only a common law relationship to the inmate; and B. "family visit" means extended and overnight visitation between eligible inmates and their families with all necessary accommodations provided by the corrections department for this purpose at a reasonable charge to the inmate or his family to defray the costs of the accommodations. Families shall be required to provide food for the visit or, if security requires, to purchase all food for the visit from the department. Laws 1983, ch. 97, § 1.

NMSA 1978, § 33-2-13 Physician, physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice; rules; prisoner's disability; records

33-2-13. Physician, physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice; rules; prisoner's disability; records A physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice, when visiting the penitentiary of New Mexico, shall conform to its rules and regulations. The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice shall express no opinion as to the disability of any prisoner except in records kept in the penitentiary. Laws 1889, ch. 76, § 44; C.L. 1897, § 3533; Code 1915, § 5025; C.S. 1929, § 130-108; 1941 Comp., § 45-122; 1953 Comp., § 42-1-22; 2015, ch. 116, § 13.

NMSA 1978, § 33-2-14 Penitentiary; fire

33-2-14. Penitentiary; fire The corrections division [corrections department] shall take precaution to protect the penitentiary and all property connected therewith against fire, as far as possible, and shall procure such conveniences and the standards and inspection bureau shall prescribe such rules as will enable the convicts to be evacuated in the shortest possible time and secure their safety and custody in case of fire. Laws 1889, ch. 76, § 46; C.L. 1897, § 3535; Code 1915, § 5047; C.S. 1929, § 130-130; 1941 Comp., § 45-123; 1953 Comp., § 42-1-23; Laws 1977, ch. 257, § 70.

NMSA 1978, § 33-2-15 Penitentiary; duties

33-2-15. Penitentiary; duties The employees of the penitentiary shall perform such duties in the charge and oversight of the penitentiary, care of the property belonging thereto, and in the custody, government, employment and discipline of the convicts as shall be required of them by the corrections division [corrections department] or the warden, in conformity with law and rules and regulations prescribed for the government of the penitentiary. 1953 Comp., § 42-1-25.1, enacted by Laws 1955, ch. 151, § 2; 1977, ch. 257, § 71.

NMSA 1978, § 33-2-16 [Record on admission of prisoner; physical data; improvement or deterioration record.]

33-2-16. [Record on admission of prisoner; physical data; improvement or deterioration record.] When any prisoner shall be received into said penitentiary, the superintendent [warden] shall cause to be entered into a register the date of such admission, the name, age, nativity, nationality, with such other facts as can be ascertained of parentage, education, occupation, and early social influences as seem to indicate the constitutional and acquired defects and tendencies of the prisoner. Based upon these, an estimate shall be made of the present condition of the prisoner, and the best probable plan of treatment. The physician of said penitentiary shall carefully examine each prisoner when received and shall enter in a register to be kept by him, the name, nationality or race, the weight, stature and family history of each prisoner, also a statement of the condition of the heart, lungs, and other leading organs, the rate of the pulse and respiration, the measurement of the chest and abdomen, and any existing disease or deformity, or other disability, acquired or inherited. Upon the superintendent's [warden's] register shall be entered from time to time minutes of observed improvement or deterioration of character, and notes as to the method and treatment employed; also all alterations affecting the standing or situation of such prisoner, and any subsequent facts or personal history which may be brought officially to his knowledge bearing upon the question of the parole or final release of the prisoner. 1953 Comp., § 42-1-31.2, enacted by Laws 1955, ch. 149, § 3.

NMSA 1978, § 33-2-17 Id.; accounts; paying over funds

33-2-17. Id.; accounts; paying over funds The superintendent [warden] shall keep, or cause to be kept, in suitable books, regular and complete accounts of all income, business and concerns of the penitentiary, a true account of all money received for labor, or from other sources, and shall turn over said moneys to the state treasurer to be placed to the credit of the penitentiary convicts' earning fund. Laws 1889, ch. 76, § 37; C.L. 1897, § 3526; Code 1915, § 5060; C.S. 1929, § 130-143; Laws 1939, ch. 55, § 15; 1941 Comp., § 45-134; 1953 Comp., § 42-1-34.

NMSA 1978, § 33-2-18 Id.; collection and disbursement of funds

33-2-18. Id.; collection and disbursement of funds The superintendent [warden] shall collect all moneys due to the penitentiary, except appropriations from the state, and shall pay the same over to the state treasury, to be placed to the credit of the penitentiary convicts' earning fund, taking a receipt for the same. Laws 1889, ch. 76, § 40; C.L. 1897, § 3529; Code 1915, § 5061; C.S. 1929, § 130-144; Laws 1939, ch. 55, § 16; 1941 Comp., § 45-135; 1953 Comp., § 42-1-35.

NMSA 1978, § 33-2-19 What convicts to be confined

33-2-19. What convicts to be confined Convicts sentenced to the corrections department for life or any term for which they may be confined in a corrections facility by any court having jurisdiction to try causes under the laws of the United States, held within this state, shall be received into the corrections facility by the secretary of corrections or his designee when delivered by the authority of the United States and shall be kept in the corrections facility in pursuance of their sentences. All persons convicted of any crime where the punishment is imprisonment for a term of one year or more, after accounting for any period of the sentence being suspended or deferred and any credit for presentence confinement, shall be imprisoned in a corrections facility, unless otherwise provided by law, and judgments shall be issued accordingly. All persons convicted of any crime punishable with death who are pardoned on condition of being imprisoned, either for life or a term of years, or whose sentences are commuted for imprisonment for life or a term of years shall be so imprisoned in a corrections facility. All persons imprisoned or confined in a corrections facility shall be subject to its rules and regulations. Laws 1889, ch. 76, § 11; C.L. 1897, § 3500; Code 1915, § 5062; C.S. 1929, § 130-145; 1941 Comp., § 45-137; 1953 Comp., § 42-1-37; 1990, ch. 8, § 1.

NMSA 1978, § 33-2-26 Payment of prisoners for services

33-2-26. Payment of prisoners for services The corrections and criminal rehabilitation department [corrections department] may, by appropriate rules and regulations, establish and administer a plan for the payment of prisoners who perform useful services as prison labor. The payment shall be at a rate depending on the skill and efficiency of the prisoner. 1953 Comp., § 42-1-49.1, enacted by Laws 1955, ch. 145, § 1; 1973, ch. 262, § 1; 1975, ch. 203, § 1; 1977, ch. 257, § 73; 1981, ch. 122, § 1.

NMSA 1978, § 33-2-29 Penitentiary; disease

33-2-29. Penitentiary; disease In case of any pestilence or contagious sickness breaking out among the convicts, the corrections division [corrections department] may cause the convicts confined therein or any of them to be removed to some suitable place of security where such of them as may be sick shall receive necessary medical attention and such convicts must be returned as soon as may be to the penitentiary to be confined according to their respective sentences, if the same be unexpired. Laws 1889, ch. 76, § 16; C.L. 1897, § 3505; Code 1915, § 5066; C.S. 1929, § 130-149; 1941 Comp., § 45-150; 1953 Comp., § 42-1-50; Laws 1977, ch. 257, § 75.

NMSA 1978, § 33-2-30 [Enforcing commands to prisoners; when wounding or killing justified.]

33-2-30. [Enforcing commands to prisoners; when wounding or killing justified.] If a convict sentenced to the penitentiary resist the authority of any officer, or refuse to obey his lawful commands, it shall be the duty of such officer immediately to enforce obedience by the use of such weapons or other aid as may be effectual, and if in so doing, any convict thus resisting be wounded or killed by any such officer or his assistant, or any guard or other employe [employee], they shall be justified and shall be held guiltless; but such officer, assistant, guard or other employe [employee] shall not be excusable for using greater force than the emergency of the case demands. Laws 1889, ch. 76, § 14; C.L. 1897, § 3503; Code 1915, § 5064; C.S. 1929, § 130-147; 1941 Comp., § 45-151; 1953 Comp., § 42-1-51.

NMSA 1978, § 33-2-31 [Suppressing disorder; escape and arrest; when wounding or killing justified.]

33-2-31. [Suppressing disorder; escape and arrest; when wounding or killing justified.] It shall be the duty of all the officers and other citizens of the state, by every means in their power, to suppress any insurrection, mutiny or disorder among convicts sentenced to the penitentiary and to prevent the escape or rescue of any such convicts therefrom, or from any other legal confinement, or from any person in whose legal custody they may be, and if in so doing or arresting any convict who may have escaped, such officer or other person should wound or kill such convict or other person aiding or assisting such convict, they shall be justified and held guiltless, but they shall not be excusable for using greater force than the emergency of the case demands. Laws 1889, ch. 76, § 15; C.L. 1897, § 3504; Code 1915, § 5065; C.S. 1929, § 130-148; 1941 Comp., § 45-152; 1953 Comp., § 42-1-52.

NMSA 1978, § 33-2-32 Penitentiary; record of misconduct

33-2-32. Penitentiary; record of misconduct It shall be the duty of the warden to keep a record book of all infractions of prison rules and regulations prescribed by the corrections division [corrections department]. Laws 1889, ch. 76, § 51; C.L. 1897, § 3540; Code 1915, § 5068; C.S. 1929, § 130-151; 1941 Comp., § 45-153; 1953 Comp., § 42-1-53; Laws 1977, ch. 257, § 76.

NMSA 1978, § 33-2-34 Eligibility for earned meritorious deductions

33-2-34. Eligibility for earned meritorious deductions A. A prisoner confined in a correctional facility designated by the corrections department may lose earned meritorious deductions if the prisoner fails to actively participate in programs recommended for the prisoner by the classification supervisor and approved by the warden or the warden's designee. B. Meritorious deductions shall be awarded for the remainder of the sentence, after pre-sentence confinement has been deducted, upon admission to a correctional facility designated by the corrections department. C. Meritorious deductions shall not exceed the following amounts: (1) for a prisoner confined for committing a serious violent offense, four days per month; (2) for a prisoner confined for committing a nonviolent offense, thirty days per month; and (3) for a prisoner confined following revocation of parole, meritorious deductions will be awarded commensurate with the classification of the offense. D. A prisoner may lose meritorious deductions upon recommendation by the classification supervisor, based upon the prisoner's failure to actively participate in approved programs and the quality of the prisoner's participation in those approved programs. A prisoner may not lose meritorious deductions unless the recommendation of the classification supervisor is approved by the warden or the warden's designee. E. If a prisoner's active participation in approved programs is interrupted by a lockdown at a correctional facility, the prisoner may not lose meritorious deductions, unless the warden or the warden's designee determines that the prisoner's conduct contributed to the initiation or continuance of the lockdown. F. A prisoner confined in a correctional facility designated by the corrections department is eligible for lump-sum meritorious deductions as follows: (1) for successfully completing an approved vocational, substance abuse or mental health program, thirty days; except when the prisoner has a demonstrable physical, mental health or developmental disability that prevents the prisoner from successfully earning a high school equivalency credential, in which case, the prisoner shall be awarded ninety days; (2) for earning a high school equivalency credential, ninety days; (3) for earning an associate's degree, one hundred twenty days; (4) for earning a bachelor's degree, one hundred fifty days; (5) for earning a graduate qualification, one hundred fifty days; and (6) for engaging in a heroic act of saving life or property, engaging in extraordinary conduct for the benefit of the state or the public that is at great expense or risk to or involves great effort on the part of the prisoner or engaging in extraordinary conduct far in excess of normal program assignments that demonstrates the prisoner's commitment to self-rehabilitation. The classification supervisor and the warden or the warden's designee may recommend the number of days to be awarded in each case based upon the particular merits, but any award shall be determined by the director of the adult institutions division of the corrections department or the director's designee. G. Lump-sum meritorious deductions, provided in Paragraphs (1) through (6) of Subsection F of this section, may be awarded in addition to the meritorious deductions provided in Subsection C of this section. Lump-sum meritorious deductions shall not exceed one year per award and shall not exceed a total of one year for all lump-sum meritorious deductions awarded in any consecutive twelve-month period. H. A prisoner may lose meritorious deductions if the prisoner: (1) disobeys an order to perform labor, pursuant to Section 33-8-4 NMSA 1978; (2) is in disciplinary segregation; (3) is confined for committing a serious violent offense and is within the first sixty days of receipt by the corrections department; or (4) is not an active participant in programs recommended and approved for the prisoner by the classification supervisor. I. The provisions of this section shall not be interpreted as providing eligibility to earn meritorious deductions from a sentence of life imprisonment or a sentence of life imprisonment without possibility of release or parole. J. The corrections department shall promulgate rules to implement the provisions of this section, and the rules shall be matters of public record. A concise summary of the rules shall be provided to each prisoner, and each prisoner shall receive a statement of the meritorious deductions earned upon initial award, if additional awards are given, if meritorious deductions are lost and upon request. K. A New Mexico prisoner confined in a federal or out-of-state correctional facility is eligible to earn meritorious deductions for active participation in programs on the basis of the prisoner's conduct and program reports furnished by that facility to the corrections department. All decisions regarding the award and forfeiture of meritorious deductions at such facility are subject to final approval by the director of the adult institutions division of the corrections department or the director's designee. L. In order to be eligible for meritorious deductions, a prisoner confined in a federal or out-of-state correctional facility designated by the corrections department must actively participate in programs that are available. If a federal or out-of-state correctional facility does not have programs available for a prisoner, the prisoner may be awarded meritorious deductions at the rate the prisoner could have earned meritorious deductions if the prisoner had actively participated in programs. M. A prisoner confined in a correctional facility in New Mexico that is operated by a private company, pursuant to a contract with the corrections department, is eligible to earn meritorious deductions in the same manner as a prisoner confined in a state-run correctional facility. All decisions regarding the award or forfeiture of meritorious deductions at such facilities are subject to final approval by the director of the adult institutions division of the corrections department or the director's designee. N. As used in this section: (1) "active participant" means a prisoner who has begun, and is regularly engaged in, approved programs; (2) "program" means work, vocational, educational, substance abuse and mental health programs, approved by the classification supervisor, that contribute to a prisoner's self-betterment through the development of personal and occupational skills. "Program" does not include recreational activities; (3) "nonviolent offense" means any offense other than a serious violent offense; and (4) "serious violent offense" means: (a) second degree murder, as provided in Section 30-2-1 NMSA 1978; (b) voluntary manslaughter, as provided in Section 30-2-3 NMSA 1978; (c) third degree aggravated battery, as provided in Section 30-3-5 NMSA 1978; (d) third degree aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978; (e) first degree kidnapping, as provided in Section 30-4-1 NMSA 1978; (f) first and second degree criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; (g) second and third degree criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; (h) first and second degree robbery, as provided in Section 30-16-2 NMSA 1978; (i) second degree aggravated arson, as provided in Section 30-17-6 NMSA 1978; (j) shooting at a dwelling or occupied building, as provided in Section 30-3-8 NMSA 1978; (k) shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978; (l) aggravated battery upon a peace officer, as provided in Section 30-22-25 NMSA 1978; (m) assault with intent to commit a violent felony upon a peace officer, as provided in Section 30-22-23 NMSA 1978; (n) aggravated assault upon a peace officer, as provided in Section 30-22-22 NMSA 1978; or (o) any of the following offenses, when the nature of the offense and the resulting harm are such that the court judges the crime to be a serious violent offense for the purpose of this section: 1) involuntary manslaughter, as provided in Section 30-2-3 NMSA 1978; 2) fourth degree aggravated assault, as provided in Section 30-3-2 NMSA 1978; 3) third degree assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978; 4) fourth degree aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978; 5) third degree assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978; 6) third and fourth degree aggravated stalking, as provided in Section 30-3A-3.1 NMSA 1978; 7) second degree kidnapping, as provided in Section 30-4-1 NMSA 1978; 8) second degree abandonment of a child, as provided in Section 30-6-1 NMSA 1978; 9) first, second and third degree abuse of a child, as provided in Section 30-6-1 NMSA 1978; 10) third degree dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978; 11) third and fourth degree criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; 12) fourth degree criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; 13) third degree robbery, as provided in Section 30-16-2 NMSA 1978; 14) homicide by vehicle or great bodily harm by vehicle, as provided in Section 66-8-101 NMSA 1978; or 15) battery upon a peace officer, as provided in Section 30-22-24 NMSA 1978. O. Except for sex offenders, as provided in Section 31-21-10.1 NMSA 1978, an offender sentenced to confinement in a correctional facility designated by the corrections department who has been released from confinement and who is serving a parole term may be awarded earned meritorious deductions of up to thirty days per month upon recommendation of the parole officer supervising the offender, with the final approval of the adult parole board. The offender must be in compliance with all the conditions of the offender's parole to be eligible for earned meritorious deductions. The adult parole board may remove earned meritorious deductions previously awarded if the offender later fails to comply with the conditions of the offender's parole. The offender shall be eligible to earn meritorious deductions while on parole in the community commensurate with the classification of the offense. The corrections department and the adult parole board shall promulgate rules to implement the provisions of this subsection. This subsection applies to offenders who are serving a parole term on or after July 1, 2004. 1978 Comp., § 33-2-34, enacted by Laws 1999, ch. 238, § 1; 2003 (1st S.S.), ch. 1, § 13; 2004, ch. 75, § 1; 2006, ch. 82, § 1; 2015, ch. 122, § 17; 2025 ch. 29, § 1; 2025, ch. 79, § 4.

NMSA 1978, § 33-2-35 [Application of law to convicts in penitentiary; relation back; escapers and revolters excepted.]

33-2-35. [Application of law to convicts in penitentiary; relation back; escapers and revolters excepted.] The provisions of this article shall apply to convicts in the penitentiary, excepting such convicts as have escaped from the penitentiary, or been concerned in any revolt whereby any convict has escaped, and shall operate back to the commencement of any such sentence of such convict. Laws 1889, ch. 76, § 50; C.L. 1897, § 3539; Code 1915, § 5074; C.S. 1929, § 130-162; 1941 Comp., § 45-156; 1953 Comp., § 42-1-56.

NMSA 1978, § 33-2-36 Forfeiture of earned meritorious deductions

33-2-36. Forfeiture of earned meritorious deductions A. Meritorious deductions earned by a prisoner may be forfeited in an amount up to ninety days for two or more misconduct violations. Meritorious deductions earned by a prisoner may be forfeited in an amount in excess of ninety days for a major conduct violation. Forfeitures of meritorious deductions of up to ninety days shall only proceed upon the recommendation of the classification supervisor and final approval by the warden or the warden's designee. Forfeitures of meritorious deductions in an amount in excess of ninety days shall only proceed upon the recommendation of the classification supervisor and the warden or the warden's designee and final approval of the director of the adult institutions division of the corrections department or the director's designee. The secretary of corrections may review and revise any decision regarding the forfeiture of meritorious deductions. B. The provisions of this section also apply to the forfeiture of earned meritorious deductions for a prisoner confined in a: (1) federal or out-of-state correctional facility; or (2) correctional facility in New Mexico operated by a private company pursuant to a contract with the corrections department. 1978 Comp., § 33-2-36, enacted by Laws 1988, ch. 78, § 6; 1999, ch. 238, § 2; 2006, ch. 82, § 2.

NMSA 1978, § 33-2-37 Restoration of forfeited meritorious deductions

33-2-37. Restoration of forfeited meritorious deductions A. Meritorious deductions forfeited pursuant to Section 33-2-36 NMSA 1978 may be restored in whole or in part to a prisoner who is exemplary in conduct and work performance for a period of not less than six months following the date of forfeiture. Meritorious deductions may be restored upon recommendation of the classification supervisor, approval by the warden or the warden's designee and final approval by the director of the adult institutions division of the corrections department or the director's designee. B. The provisions of this section also apply to the restoration of earned meritorious deductions for a prisoner confined in a: (1) federal or out-of-state correctional facility; or (2) correctional facility in New Mexico operated by a private company pursuant to a contract with the corrections department. 1978 Comp., § 33-2-37, enacted by Laws 1988, ch. 78, § 7; 1999, ch. 238, § 3; 2006, ch. 82, § 3.

NMSA 1978, § 33-2-38 Computation of term

33-2-38. Computation of term A prisoner shall not be discharged from the penitentiary of New Mexico or any other correctional facility until he has served the full term for which he was sentenced. The term shall be computed from and include the day on which his sentence took effect and shall exclude any time the convict may have been at large by reason of escape, unless he is pardoned or otherwise released by legal authority. The provisions of this section shall not be interpreted to deprive a prisoner of any reduction of time to which he may be entitled pursuant to the provisions of Sections 31-20-11, 31-20-12 and 33-2-34 NMSA 1978. Laws 1889, ch. 76, § 13; C.L. 1897, § 3502; Code 1915, § 5071; C.S. 1929, § 130-159; 1941 Comp., § 45-158; 1953 Comp., § 42-1-58; Laws 1999, ch. 238, § 4.

NMSA 1978, § 33-2-39 [Separate sentences construed as cumulative.]

33-2-39. [Separate sentences construed as cumulative.] Whenever any convict shall have been committed under several convictions with separate sentences, they shall be construed as one continuous sentence for the full length of all the sentences combined. Laws 1889, ch. 76, § 49; C.L. 1897, § 3538; Code 1915, § 5073; C.S. 1929, § 130-161; 1941 Comp., § 45-159; 1953 Comp., § 42-1-59.

NMSA 1978, § 33-2-40 Fines and costs; service for

33-2-40. Fines and costs; service for All convicts sentenced to the penitentiary of New Mexico who have a fine or costs or both attached to the sentence shall not be required to serve more than fifteen days for the fine or costs. Laws 1913, ch. 50, § 2; Code 1915, § 5085; C.S. 1929, § 130-173; 1941 Comp., § 45-160; 1953 Comp., § 42-1-60; 1978 Comp., § 33-2-40; 2023, ch. 184, § 5.

NMSA 1978, § 33-2-43 Penitentiary inmate-release program; establishment

33-2-43. Penitentiary inmate-release program; establishment The superintendent [warden] of the penitentiary of New Mexico may institute an inmate-release program and allow penitentiary inmates to attend school or to be employed in private business while under sentence of confinement in the penitentiary if: A. employment of a prisoner does not result in the displacement of employed workers or impair existing contracts for services and is not in a skill, craft or trade in which a surplus of available gainful labor exists in the locality; B. rates of pay and other conditions of employment are not less than those paid or provided for work of a similar nature in the locality in which the work is performed; C. prisoners authorized to work at paid employment under the inmate-release program are required to pay appropriate and reasonable costs incident to the program and to their confinement as prescribed by the superintendent; and D. prisoners participating in the inmate-release program are volunteers who meet standards prescribed by law. 1953 Comp., § 42-1-78, enacted by Laws 1969, ch. 166, § 1.

NMSA 1978, § 33-2-44 Inmate-release program; standards for participation

33-2-44. Inmate-release program; standards for participation The superintendent [warden] may, under the inmate-release program and at the request of a prisoner, extend the limits of confinement beyond the penitentiary by authorizing the prisoner to work at paid employment in private business or in public employment, or to attend a school while continuing as a prisoner, if the prisoner: A. is a trusty or a minimum-custody inmate; B. has physical and mental ability to fully perform the proposed assignment consistent with his capacities and free from any outpatient care that would interfere with full performance; C. is not afflicted with any serious emotional or personality defect; D. has not been convicted of a crime involving assaultive sexual conduct nor violence to a child, nor has been linked with organized criminal activity; and E. would not, in the opinion of the superintendent, be likely to evoke an adverse public reaction by his presence in the community. 1953 Comp., § 42-1-79, enacted by Laws 1969, ch. 166, § 2; 1971, ch. 281, § 1.

NMSA 1978, § 33-2-45 Inmate-release program; visitation privileges

33-2-45. Inmate-release program; visitation privileges The superintendent [warden] may authorize any prisoner volunteering for the inmate-release program to visit specifically designated places for a period not exceeding thirty days and to return to the penitentiary. This extension of the limits of confinement may be granted only for the purpose of contacting prospective employers, attendance at job or school interviews or any other reason consistent with pre-parole analysis and parole prediction, the inmate-release program and the public interest. 1953 Comp., § 42-1-80, enacted by Laws 1969, ch. 166, § 3; 1971, ch. 281, § 2.

NMSA 1978, § 33-2-46 Inmate-release program; escape

33-2-46. Inmate-release program; escape Any prisoner whose limits of confinement have been extended, or who has been granted a visitation privilege under the inmate-release program, who willfully fails to return to the designated place of confinement within the time prescribed, with the intent not to return, is guilty of an escape. Whoever is convicted of an escape under the provisions of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. 1953 Comp., § 42-1-81, enacted by Laws 1969, ch. 166, § 4; 1975, ch. 210, § 1; 1980, ch. 22, § 1.

NMSA 1978, § 33-2-47 Inmate-release program; conditions of employment

33-2-47. Inmate-release program; conditions of employment The state labor commissioner shall exercise the same supervision over conditions of employment for prisoners working under the inmate-release program as he does over conditions of employment for free persons. A prisoner working under the inmate-release program is not entitled to any benefits under the Employment Security Act [Unemployment Compensation Law] during the term of his sentence. No prisoner under the provisions of the inmate-release program is an agent, employee or involuntary servant of the penitentiary of New Mexico while attending school, working in private business or going to or from such assignment. 1953 Comp., § 42-1-82, enacted by Laws 1969, ch. 166, § 5.

NMSA 1978, § 33-2-49 Applicability [of Laws 1988, Chapter 78]

33-2-49. Applicability [of Laws 1988, Chapter 78] The provisions of this act apply only to persons convicted of crimes committed on or after the effective date of this act. A person convicted of a crime committed prior to the effective date of this act shall be subject to the law in effect at the time the crime was committed. Laws 1988, ch. 78, § 9.

NMSA 1978, § 33-2-50 Pilot minimum security inmate work crew program created; purpose; administration of program

33-2-50. Pilot minimum security inmate work crew program created; purpose; administration of program There is created a "pilot minimum security inmate work crew program" in the park and recreation division of the energy, minerals and natural resources department. The pilot program shall be implemented in state parks within close proximity to state minimum security correctional facilities. The purpose of the pilot program is to utilize minimum security inmate work crews for assistance with litter and trash pick-up, masonry, construction, painting, grounds maintenance and overall beautification efforts in state parks. The park and recreation division of the energy, minerals and natural resources department shall develop policies and procedures for administration of the pilot minimum security inmate work crew program. Laws 1991, ch. 88, § 1.

NMSA 1978, § 33-2-51 Discharge; opioid use disorder; opioid overdose education; naloxone

33-2-51. Discharge; opioid use disorder; opioid overdose education; naloxone A. As corrections department funding and department supplies of naloxone permit, upon discharge of an inmate who has been diagnosed with an opioid use disorder from a corrections facility, regardless of whether that inmate has received treatment for that disorder, the corrections department shall: (1) ensure that the inmate is provided with opioid overdose education that: (a) conforms to department of health or federal substance abuse and mental health services administration guidelines for opioid overdose education; (b) explains the causes of an opioid overdose; (c) instructs when and how to administer in accordance with medical best practices: 1) life-saving rescue techniques; and 2) an opioid antagonist; and (d) explains how to contact appropriate emergency medical services; and (2) provide the inmate, as the inmate leaves the correctional facility, with: (a) two doses of naloxone in either a generic form or in a form approved by the federal food and drug administration; and (b) a prescription for naloxone. B. As used in this section: (1) "corrections facility" means a prison or other detention facility, whether operated by a government or private contractor, that is used for confinement of adult or juvenile persons who are charged with or convicted of a violation of a law or an ordinance; and (2) "naloxone" means naloxone hydrochloride, which is an opioid antagonist for the treatment of an opioid overdose. Laws 2017, ch. 59, § 3.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18533/index.doFetched: 10/20/2026