A. Meritorious deductions forfeited pursuant to Section 33-2-36 NMSA 1978 may be restored in whole or in part to a prisoner who is exemplary in conduct and work performance for a period of not less than six months following the date of forfeiture. Meritorious deductions may be restored upon recommendation of the classification supervisor, approval by the warden or the warden's designee and final approval by the director of the adult institutions division of the corrections department or the director's designee.
B. The provisions of this section also apply to the restoration of earned meritorious deductions for a prisoner confined in a:
(1) federal or out-of-state correctional facility; or
(2) correctional facility in New Mexico operated by a private company pursuant to a contract with the corrections department.
History: 1978 Comp., § 33-2-37, enacted by Laws 1988, ch. 78, § 7; 1999, ch. 238, § 3; 2006, ch. 82, § 3.
Repeals and reenactments. — Laws 1988, ch. 78, § 7 repealed 33-2-37 NMSA 1978, as amended by Laws 1977, ch. 257, § 79, relating to the restoration of forfeited meritorious deductions by prison inmates, and enacted a new section, effective July 1, 1990.
Cross references. — For applicability of Laws 1988, ch. 78, see 33-2-49 NMSA 1978.
The 2006 amendment, effective July 1, 2006, changed "committee" to "supervisor"; changed "warden" to "warden or the warden's designee"; and changed "secretary of corrections" to "director of the adult institutions division of the corrections department or the director's designee" in Subsection A.
The 1999 amendment, effective July 1, 1999, designated the formerly undesignated paragraph as Subsection A, and, in that subsection, added "Meritorious" at the beginning of the first sentence and added the second sentence; and added Subsection B.
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.