A. The corrections department shall develop criteria regarding the eligibility of an inmate for early release into a reentry drug court program, including requirements that the inmate:
(1) was incarcerated following conviction for a nonviolent, drug-related offense; and
(2) is within eighteen months of release or eligibility for parole.
B. The corrections department may petition a district court that operates a reentry drug court program to accept limited jurisdiction of an inmate. If the district court grants the petition, the district court shall have jurisdiction over the inmate and the corrections department shall retain its jurisdiction over the inmate pursuant to the terms of the inmate's judgment and sentence.
C. The provisions of this section shall not be interpreted to change the jurisdictional authority of the sentencing court, pursuant to the provisions of the Rules of Criminal Procedure for the District Courts, as promulgated by the supreme court. The jurisdictional authority conferred upon a reentry drug court pursuant to this section is limited to acceptance and supervision of a released inmate by the reentry drug court program.
D. The provisions of this section shall not be interpreted to limit the statutory authority vested in the adult probation and parole division of the corrections department, pursuant to the provisions of the Probation and Parole Act [31-21-22 to 31-21-26 NMSA 1978].
History: Laws 2001, ch. 35, § 1.
Cross references. — For Rules of Criminal procedure for the District Courts, see Rule 5-101 NMRA et seq.
Effective dates. — Laws 2001, ch. 35, § 2 made the act effective on July 1, 2001.
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.