A. Any prisoner who is released by authority of the governor under any conditional release or other disposition made under the pardoning power, other than full pardon, shall, upon release, be deemed as released on parole until the expiration of the basic term or terms of imprisonment for which he was sentenced and until the expiration of any period of parole included as a part of sentence.
B. Except for a full pardon, the governor may not conditionally release or otherwise pardon a prisoner during the period for which such person is serving any enhanced term of his sentence pursuant to Section 31-18-16 NMSA 1978.
History: 1953 Comp., § 41-17-25, enacted by Laws 1955, ch. 232, § 14; 1977, ch. 216, § 14.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 59 Am. Jur. 2d Pardon and Parole §§ 63 to 72; 60 Am. Jur. 2d Penal and Correctional Institutions §§ 226, 229, 230, 232 to 235.
Conditional pardon, 60 A.L.R. 1410.
Offenses and convictions covered by pardon, 35 A.L.R.2d 1261.
Denial of state prisoner's application for, or revocation of, participation in work or study release program or furlough program as actionable under Civil Rights Act of 1871 (42 USCS § 1983), 55 A.L.R. Fed. 208.
67A C.J.S. Pardon and Parole §§ 23 to 28.
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.