Prisoners who are otherwise eligible for parole may be paroled to detainers to serve another sentence within the penitentiary or to the forensic treatment or alcohol treatment unit of the New Mexico behavioral health institute at Las Vegas or to any other specific hospital or residential treatment program determined necessary by the board.
History: 1953 Comp., § 41-17-24.1, enacted by Laws 1959, ch. 30, § 1; 1977, ch. 216, § 13; 1982, ch. 107, § 2; 2005, ch. 313, § 10.
Cross references. — For state board of probation and parole as referring to corrections division, see 33-1-7 NMSA 1978.
The 2005 amendment, effective June 17, 2005, changed the name of the New Mexico state hospital to the New Mexico behavioral institute at Las Vegas.
No loss of state's jurisdiction. — Petitioner is not denied due process in violation of state and federal constitutions by his imprisonment and detention in New Mexico for violation of terms of parole agreement whereby New Mexico had paroled him to detainer in Arizona without surrendering its jurisdiction over him. Snow v. Cox, 1966-NMSC-082, 76 N.M. 238, 414 P.2d 217.
Effect of two life sentences on "outside" parole. — As a practical matter a person committed under two life sentences cannot be granted an "outside" parole until he has served 20 years but he can be granted an "in custody" parole after serving 10 years. 1961 Op. Att'y Gen. No. 61-59.
Cumulative sentences. — If it were mandatory upon a penitentiary to construe cumulative sentences as one continuous sentence, the provisions of this section would not be effective. 1963 Op. Att'y Gen. No. 63-165.
Cancellation of detainers. — The issuing and cancellation of detainers is properly a matter for the parole agency of this state. The board has authority to cancel, if it deems such advisable, an outstanding detainer or warrant based upon a violation of parole. 1956 Op. Att'y Gen. No. 56-6371.
Structure New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 21 - Sentence, Pardons and Paroles
Section 31-21-3 - Short title.
Section 31-21-4 - Construction and purpose of act.
Section 31-21-5 - Definitions.
Section 31-21-6 - Protection of records.
Section 31-21-7 - Duties of director.
Section 31-21-9 - Presentence and prerelease investigations.
Section 31-21-10 - Parole authority and procedure.
Section 31-21-10.1 - Sex offenders; period of parole; terms and conditions of parole.
Section 31-21-12 - Conditional release.
Section 31-21-13 - Information from prison officials.
Section 31-21-13.1 - Intensive supervision programs.
Section 31-21-14 - Return of parole violator.
Section 31-21-15 - Return of probation violator.
Section 31-21-17 - Executive clemency; investigation and reports.
Section 31-21-17.1 - Administration by department.
Section 31-21-18 - Application to persons now on probation or parole.
Section 31-21-19 - Participation of the United States and other states.
Section 31-21-20 - Information from courts.
Section 31-21-21 - Conditions of probation.
Section 31-21-22 - Short title.
Section 31-21-25 - Powers and duties of the board.
Section 31-21-26 - Transitional provisions.
Section 31-21-27 - Reentry drug court program for inmates; district court supervision.