New Mexico Statutes
Article 2 - State Correctional Facilities
Section 33-2-38 - Computation of term.

A prisoner shall not be discharged from the penitentiary of New Mexico or any other correctional facility until he has served the full term for which he was sentenced. The term shall be computed from and include the day on which his sentence took effect and shall exclude any time the convict may have been at large by reason of escape, unless he is pardoned or otherwise released by legal authority. The provisions of this section shall not be interpreted to deprive a prisoner of any reduction of time to which he may be entitled pursuant to the provisions of Sections 31-20-11, 31-20-12 and 33-2-34 NMSA 1978.
History: Laws 1889, ch. 76, § 13; C.L. 1897, § 3502; Code 1915, § 5071; C.S. 1929, § 130-159; 1941 Comp., § 45-158; 1953 Comp., § 42-1-58; Laws 1999, ch. 238, § 4.
Cross references. — For pardon upon discharge, see 31-20-8 NMSA 1978.
For money, clothing and transportation being furnished to discharged prisoners, see 31-21-2 NMSA 1978.
The 1999 amendment, effective July 1, 1999, added the section heading; substituted "prisoner" for "convict" twice; inserted "of New Mexico or any other correctional facility" in the first sentence; and substituted the present last sentence for "provided, that nothing in this section shall be so construed as to deprive any convict of any reduction in time which he may be entitled to under Section 33-2-33 NMSA 1978."
Applicability. — Laws 1999, ch. 238, § 8, provided that the provisions of §§ 1 to 5 and 7 of the act are applicable to persons convicted of a criminal offense committed on or after July 1, 1999; and further provided that as to persons convicted of a criminal offense committed prior to July 1, 1999, the laws with respect to meritorious deductions in effect at the time the offense was committed shall apply.
Compiler's notes. — The following notes were rendered pursuant to Laws 1969, ch. 50, § 1.
Prisoner entitled to credit for time from first conviction. — A prisoner, after being awarded a new trial and having again been convicted of the crime originally charged, is entitled to credit for time he spent in custody from the time of his first conviction. 1969 Op. Att'y Gen. No. 69-114.
Credit given retroactively to prisoners incarcerated on effective date. — Laws 1969, ch. 50, § 1, made the giving of credit retroactive insofar as prisoners in the penitentiary on or after the effective date of the act were concerned and insofar as post-conviction incarceration was concerned. 1969 Op. Att'y Gen. No. 69-114.
Credit given for time spent under original invalid sentence. — One who has his conviction set aside, is retried and again convicted and sentenced for the same offense, is entitled to credit for the time he was actually confined in the penal institution under the original invalid sentence and not credit prorated to the entire sentence. 1969 Op. Att'y Gen. No. 69-114.
Credit given for time prior to posting bond. — A person free on bond pending a decision of an appellate court is entitled to credit for time incarcerated prior to posting bond if the appeal results in affirmance of the conviction or if, after remand, a new and valid sentence for the commission of the same crime is imposed and he is again confined in the penitentiary. 1969 Op. Att'y Gen. No. 69-114.

Structure New Mexico Statutes