New Mexico Administrative Code
Title 22 - COURTS
Chapter 510 - PAROLE
Part 2 - PAROLE HEARINGS
Section 22.510.2.8 - PAROLE HEARING
Universal Citation: 22 NM Admin Code 22.510.2.8
Current through Register Vol. 35, No. 18, September 24, 2024
A. The provisions of Paragraph I [now Subsection A of 22.510.2.8 NMAC] apply to persons serving determinate sentences for crimes committed on or after July 1, 1979, except for persons serving indeterminate life sentences for crimes committed on or after July 1,1979.
(1) The
purpose of a regular parole hearing with regard to inmates in this category is
to set conditions of parole and to consider an appropriate parole plan for the
inmate.
(2) Inmates should appear
before the board at least 90 days before their anticipated release on parole,
except that an inmate who is trying to secure an out-of-state parole plan
should appear at least 120 days before the board prior to his anticipated
release date. (Regularly scheduled appearance dates are determined by the
institution where the inmate is incarcerated).
(3) Legal counsel for a prospective parolee
is not permitted in a regular parole hearing. Visitors will not be permitted
unless cleared by the chairman with consent of the other board
members.
(4) Inmates will be
informed of the parole board's decision within five (5) working days from the
date of the hearing, unless the board informs the inmate that it will require
more time to set parole conditions and to consider an appropriate parole
plan.
(5) Minutes of regular parole
hearings will be kept by one of the board members or a designated staff
person.
(6) If it appears during a
regular hearing that a translator and/or interpreter is needed in order that
the inmate may communicate to the board and understand the proceedings, the
board will provide one.
(7) Regular
parole hearings will be held at regularly scheduled times at the New Mexico
penitentiary, satellite facilities or other places where New Mexico inmates are
being confined.
B. The provisions of Paragraph II [now Subsection B of 22.510.2.8 NMAC] apply to inmates serving indeterminate sentences for crimes committed prior to July 1, 1979, and to inmates serving indeterminate life sentences for crimes committed on or after July 1, 1979.
(1) There are three
types of regular parole hearings:
(a) the
initial hearing, to which each inmate is entitled upon meeting the statutory
requirements, at which time the inmate will appear in person, unless waived in
writing;
(b) review
hearing;
(c) special
hearing.
(2) All special
reviews must be approved by the board before the hearing date.
(3) Legal counsel for a prospective parolee
is not permitted in a regular parole hearing. Visitors will not be permitted
unless cleared by the chairman with the consent of the other board
members.
(4) Letters of
recommendation concerning parole or job offers should be sent at least one
month before the parole board hearing. A parole board docket for regular board
hearings will be prepared and copies sent to the district court judges who
committed the prospective parolees at least 30 days prior thereto.
(5) Inmates will be informed of the parole
board's decision within a five (5) day period, unless the board informs the
inmate that it will require more time to decide the case.
(6) If parole is denied, reasons for denial
will be provided the inmates. The inmates' caseworker or the parole board will
inform the inmates of the board's decision.
(7) Minutes of regular parole hearings are
kept by one of the board members.
(8) If it appears during a regular hearing
that a translator and/or interpreter is needed in order that the inmate may
communicate to the board and understand the proceedings, the board will provide
one.
(9) With respect to the parole
of inmates sentenced by New Mexico courts who are confined in state
institutions outside of New Mexico, if the state in which the inmate is located
is party to the Western Interstate Corrections Compact, a parole hearing may be
provided the inmate pursuant to the provisions of the Western Interstate
Corrections Compact.
(10) Meetings
of the parole board held for the purpose of taking formal action upon a matter
not requiring the presence of an inmate may be held at the office of the parole
board.
(11) Regular parole hearings
will be held at regularly scheduled times at the New Mexico state penitentiary,
satellite facilities or other places where New Mexico inmates are being
confined.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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