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2011 New Mexico Statutes
Chapter 33: Correctional Institutions
Article 9: Adult Community Corrections, 33-9-1 through 33-9-10
Section 33-9-9: Sentencing.

Universal Citation:
NM Stat § 33-9-9 (1996 through 1st Sess 50th Legis)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

33-9-9. Sentencing.

A. In every case where the commitment of a person to the department is contemplated by a sentencing judge and the offender meets criteria for placement in community corrections, a report shall be prepared by the adult probation and parole division of the department containing a recommendation regarding a community corrections placement or a diagnostic evaluation shall be completed by the department containing the recommendation of the department regarding that placement including a statement that the criminal offender has been approved for a program by the state or local selection panel. The sentencing judge shall consider that report or evaluation prior to making that commitment.

B. At a sentencing hearing, if a judge of a court of competent jurisdiction determines placement in community corrections is appropriate, he shall defer or suspend the sentence and, as a condition of probation, require an individual to serve a period of time in a community corrections program.

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