A. The court shall consider an individual's pregnancy or lactation status when determining whether the individual is eligible for release or bond and in the computation of good time credit. A presumption shall be made in favor of release for an individual who is pregnant or lactating. An individual released pursuant to this section shall be placed on the least restrictive conditions of release necessary to ensure return to custody.
B. As used in this section, "release" means:
(1) custodial release, which is release under such court-imposed restrictions as to satisfy the court that the person remains in custody while released; and
(2) noncustodial release, which is release under such conditions that are not considered custodial.
History: Laws 2019, ch. 73, § 1.
Effective dates. — Laws 2019, ch. 73, § 2 made Laws 2019, ch. 73, § 1 effective July 1, 2019.
Structure 2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Section 31-3-1 - Designee to accept bail.
Section 31-3-1.1 - Review of youthful offender records.
Section 31-3-2 - Failure to appear; forfeiture of bail bonds.
Section 31-3-3 - Surrender of principal by surety.
Section 31-3-4 - Paid sureties.
Section 31-3-5 - Approval of bond.
Section 31-3-6 - Change of venue.
Section 31-3-7 - Bail for witness.
Section 31-3-8 - Defects in bail or bail bond; effect.
Section 31-3-9 - Failure to appear; penalty.
Section 31-3-10 - Termination of liability.
Section 31-3-11 - Release of individuals who are pregnant or lactating.