2013 New Mexico Statutes
Chapter 33 - Correctional Institutions
Article 9 - Adult Community Corrections
Section 33-9-9 - Sentencing; placement of offender. (2013)

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, the adult probation and parole division of the department shall, at the request of the judge, prepare a report containing a recommendation regarding a community corrections placement or complete a diagnostic evaluation containing the recommendation of the department regarding that placement, including a statement that the criminal offender has been approved for a program.  The sentencing judge shall consider the report or evaluation prior to making the commitment.

B.   At a sentencing hearing, if a judge of a court of competent jurisdiction determines that placement in community corrections is appropriate, the judge 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.