2020 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 21 - Sentence, Pardons and Paroles
Section 31-21-18 - Application to persons now on probation or parole.
The provisions of the Probation and Parole Act [31-21-3 NMSA 1978] apply to all persons who, at the effective date, are on probation or parole, or eligible to be placed on probation or parole under existing laws, with the same effect as if the act had been in operation at the time they were placed on probation or parole or become [became] eligible to be placed thereon.
History: 1953 Comp., § 41-17-32, enacted by Laws 1955, ch. 232, § 21; 1963, ch. 301, § 14.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
"Effective date" interpreted. — The phrase "at the effective date" in this section cannot reasonably be read to mean that all subsequent amendments to the Parole Act are retroactive to 1963, the effective date of this section. Therefore, because the petitioner's offenses were committed before February 22, 1980, the effective date of Section 31-21-10 NMSA 1978, Section 31-21-10 NMSA 1978 did not apply to him, he was not entitled to determinate parole, and he could not establish a liberty interest to support his due process claim. Helker v. Shanks, 47 F.3d 1065 (10th Cir. 1995).
Law reviews. — For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972).
