New Mexico Statutes
Article 21 - Sentence, Pardons and Paroles
Section 31-21-25.1 - Parole board; additional powers and duties; medical and geriatric parole program.

A. The parole board shall:
(1) establish rules and implement a "medical and geriatric parole program", in cooperation with the corrections department, by December 31, 1994;
(2) determine the appropriate level of supervision following parole and develop a comprehensive discharge plan for geriatric, permanently incapacitated and terminally ill inmates released under the medical and geriatric parole program;
(3) report annually to the corrections department and the legislature the number of applications for medical and geriatric parole it receives, the nature of the illnesses, disease or condition of applicants, the reasons for denial of applications for medical or geriatric parole and the number of persons on medical and geriatric parole who have been returned to the custody of the department and the reasons for their return;
(4) make a determination whether to grant geriatric or medical parole within thirty days of receipt of an application and supporting documentation from the corrections department;
(5) at the time of release, prescribe terms and conditions of geriatric or medical parole, including medical supervision and intervals of periodic medical evaluations; and
(6) authorize the release of geriatric, permanently incapacitated and terminally ill inmates upon terms and conditions as the board may prescribe, if the board determines that an inmate is geriatric, permanently incapacitated or terminally ill, parole is not incompatible with the welfare of society and the inmate is not a first degree murder felon.
B. Inmates who have not served their minimum sentences may be considered eligible for parole under the medical and geriatric parole program. Medical and geriatric parole consideration shall be in addition to any other parole for which a geriatric, permanently incapacitated or terminally ill inmate may be eligible.
C. When considering an inmate for medical or geriatric parole, the parole board may request that certain medical evidence be produced or that reasonable medical examinations be conducted.
D. The parole term of a geriatric, permanently incapacitated or terminally ill inmate on medical or geriatric parole shall be for the remainder of the inmate's sentence, without diminution of sentence for good behavior.
E. When determining an inmate's eligibility for geriatric or medical parole, the parole board shall consider the following criteria concerning the inmate's:
(1) age;
(2) severity of illness, disease or infirmities;
(3) comprehensive health evaluation;
(4) institutional behavior;
(5) level of risk for violence;
(6) criminal history; and
(7) alternatives to maintaining geriatric or medical inmates in traditional settings.
F. As used in this section:
(1) "geriatric inmate" means a male or female offender who:
(a) is under sentence to or confined in a prison or other correctional institution under the control of the corrections department;
(b) is sixty-five years of age or older;
(c) suffers from a chronic infirmity, illness or disease related to aging; and
(d) does not constitute a danger to himself or society;
(2) "permanently incapacitated inmate" means a male or female offender who:
(a) is under sentence to or confined in a prison or other correctional institution under the control of the corrections department;
(b) by reason of an existing medical condition, is permanently and irreversibly physically incapacitated; and
(c) does not constitute a danger to himself or to society; and
(3) "terminally ill inmate" means a male or female offender who:
(a) is under sentence or confined in a prison or other correctional institution under the control of the corrections department;
(b) has an incurable condition caused by illness or disease that would, within reasonable medical judgment, produce death within six months; and
(c) does not constitute a danger to himself or society.
History: Laws 1994, ch. 21, § 3.
Cross references. — For administration of medical and geriatric parole program by department, see 31-21-17.1 NMSA 1978.