A. The "parole board" is created, consisting of fifteen members appointed by the governor with the consent of the senate.
B. The terms of the members of the parole board shall be six years. To provide for staggered terms, five members shall be appointed every two years. Members serve until their successors have been appointed and qualified.
C. Members of the parole board may be removed by the governor as provided in Article 5, Section 5 of the constitution of New Mexico. Vacancies shall be filled by appointment by the governor for the remainder of the unexpired term.
D. Members of the parole board shall be persons qualified by such academic training or professional experience as is deemed necessary to render them fit to serve as members of the board. No member of the board shall be an official or employee of any other federal, state or local government entity.
E. Members of the parole board shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
F. The governor shall designate one member of the parole board to serve as chair, who in addition to other duties shall coordinate with the corrections department in the furnishing of services pursuant to Section 9-3-11 NMSA 1978.
G. A parole may be granted, denied or revoked by a quorum of two on a panel consisting of three parole board members appointed on a rotating basis by the chair of the board.
History: 1953 Comp., § 41-17-39, enacted by Laws 1975, ch. 194, § 3; 1976, ch. 18, § 1; 1989, ch. 23, § 1; 1999, ch. 202, § 1; 2005, ch. 227, § 1.
The 2005 amendment, effective July 1, 2005, increased the number of members of the parole board from nine to fifteen in Subsection A and provided in Subsection B that five members shall be appointed every two years and that members serve until their successors have been appointed and qualified.
Temporary provision. — Laws 2005, ch. 227, § 2 added a temporary provision which provided that members of the parole board serving on July 1, 2005 may continue to serve until their terms expire and their successors have been appointed and qualified, and that of the six additional members of the parole board to be appointed pursuant to the provisions of this act, two shall serve an initial term of two years, two shall serve an initial term of four years, and two shall serve an initial term of six years. Thereafter, all members shall serve six-year staggered terms.
The 1999 amendment, effective July 1, 1999, in Subsection A, substituted "nine members" for "four members" and deleted the last sentence which read: "Each member of the board shall devote his full time to the duties of the board"; inserted "parole" preceding "board" in Subsections C, F and G; inserted "appointment by" preceding "the governor" in Subsection C; and rewrote Subsection E which read: "For purposes of salary for the chairman and the other three members of the board, the provisions of Section 10-9-5 NMSA 1978 shall apply. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act in lieu of actual expenses for transportation, lodging and subsistence while on the official business of the board".
The 1989 amendment, effective June 16, 1989, in Subsection A substituted "four" for "three" in the first sentence, deleted at the end of Subsection B "except that the members of the initial board shall be appointed for staggered terms of one, two and three years respectively", in Subsection E substituted "three" for "two" and "10-9-5 NMSA 1978" for "5-4-31.1 NMSA 1953" in the first sentence, and substituted all of the present language of Subsection G beginning with "majority of the board".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 59 Am. Jur. 2d Pardon and Parole §§ 17, 32, 45, 76.
16A C.J.S. Constitutional Law §§ 262, 505.
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.