The corrections division [corrections department] shall adopt such rules concerning all prisoners committed to the penitentiary as shall best accomplish their confinement and rehabilitation.
History: 1953 Comp., § 42-1-1.1, enacted by Laws 1955, ch. 149, § 1; 1977, ch. 257, § 62.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 1980, ch. 150, § 3, renamed the former criminal justice department as the corrections and criminal rehabilitation department and renamed the former corrections division within that department as the adult institutions division.
Laws 1981, ch. 73, § 3 and Laws 1981, ch. 127, § 16 renamed the former corrections and criminal rehabilitation department as the corrections department and retained the adult institutions division.
Laws 1981, ch. 73, § 4, provided that the chief officer of the corrections department shall be the secretary of corrections. See 9-3-4 NMSA 1978.
Laws 1981, ch. 73, § 8, provided that, as of March 31, 1981, all references to the corrections division of the criminal justice department or the corrections and criminal rehabilitation department shall be construed to be references to the corrections department. The functions formerly performed by the corrections division are now performed by various divisions of the corrections department. See 9-3-3 NMSA 1978 and compiler's notes thereto.
No power to authorize cash awards to employees. — The board of penitentiary commissioners (now corrections department) does not have authority to itself authorize, or to delegate to the superintendent (now secretary of corrections) the power to authorize, meritorious awards to employees by way of cash benefits. 1957 Op. Att'y Gen. No. 57-21.
No power to authorize cash awards to inmates of penitentiary. — The board of penitentiary commissioners (now corrections department) does not have authority, nor may it delegate to the superintendent (now secretary of corrections) the power, to authorize cash awards to inmates of the penitentiary for exceptionally outstanding acts of benefit to other inmates, employees of the penitentiary, or of general benefit to the state. 1957 Op. Att'y Gen. No. 57-21.
Law reviews. — For note and comment, "The Constitutionality of Faith-Based Prison Programs: A Real World Analysis Based in New Mexico", see 37 N.M. L. Rev. 487 (2007).
Am. Jur. 2d, A.L.R. and C.J.S. references. — State regulation of conjugal or overnight familial visits in penal or correctional institutions, 29 A.L.R.4th 1216.
Validity and construction of prison regulation of inmates' possession of personal property, 66 A.L.R.4th 800.
State prisoner's right to personally appear at civil trial to which he is a party - state court cases, 82 A.L.R.4th 1063.
Validity, construction, and application of state statute requiring inmate to reimburse government for expense of incarceration, 13 A.L.R.5th 872.
Constitutional right of prisoners to abortion services and facilities - federal cases, 90 A.L.R. Fed. 683.
Structure New Mexico Statutes
Chapter 33 - Correctional Institutions
Article 2 - State Correctional Facilities
Section 33-2-1 - Adoption of rules.
Section 33-2-3 - [Previous matters unimpaired.]
Section 33-2-4 - [Transfer of title to new corporation.]
Section 33-2-5 - Disposition of unneeded property.
Section 33-2-6 - Improvements in penitentiary; labor by convicts.
Section 33-2-7 - Penitentiary; conflict of interest[; penalties].
Section 33-2-8 - [Accepting compensation from contractor; aiding escape of prisoner; penalties.]
Section 33-2-9 - Corrections department; contracts; gifts; penalties.
Section 33-2-10 - Penitentiary; rules and regulations.
Section 33-2-11 - Corrections department powers; complaints.
Section 33-2-12.1 - Corrections; family visits.
Section 33-2-14 - Penitentiary; fire.
Section 33-2-15 - Penitentiary; duties.
Section 33-2-17 - Id.; accounts; paying over funds.
Section 33-2-18 - Id.; collection and disbursement of funds.
Section 33-2-19 - What convicts to be confined.
Section 33-2-20 to 33-2-25 - Repealed.
Section 33-2-26 - Payment of prisoners for services.
Section 33-2-29 - Penitentiary; disease.
Section 33-2-30 - [Enforcing commands to prisoners; when wounding or killing justified.]
Section 33-2-31 - [Suppressing disorder; escape and arrest; when wounding or killing justified.]
Section 33-2-32 - Penitentiary; record of misconduct.
Section 33-2-34 - Eligibility for earned meritorious deductions.
Section 33-2-36 - Forfeiture of earned meritorious deductions.
Section 33-2-37 - Restoration of forfeited meritorious deductions.
Section 33-2-38 - Computation of term.
Section 33-2-39 - [Separate sentences construed as cumulative.]
Section 33-2-43 - Penitentiary inmate-release program; establishment.
Section 33-2-44 - Inmate-release program; standards for participation.
Section 33-2-45 - Inmate-release program; visitation privileges.
Section 33-2-46 - Inmate-release program; escape.
Section 33-2-47 - Inmate-release program; conditions of employment.
Section 33-2-49 - Applicability [of Laws 1988, Chapter 78].
Section 33-2-51 - Discharge; opioid use disorder; opioid overdose education; naloxone.