2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 21 - Sentence, Pardons and Paroles
Section 31-21-11 - Parole to detainers to serve another sentence or for hospitalization and treatment.
Prisoners who are otherwise eligible for parole may be paroled to detainers to serve another sentence within the penitentiary or to the forensic treatment or alcohol treatment unit of the New Mexico behavioral health institute at Las Vegas or to any other specific hospital or residential treatment program determined necessary by the board.
History: 1953 Comp., § 41-17-24.1, enacted by Laws 1959, ch. 30, § 1; 1977, ch. 216, § 13; 1982, ch. 107, § 2; 2005, ch. 313, § 10.
ANNOTATIONSCross references. — For state board of probation and parole as referring to corrections division, see 33-1-7 NMSA 1978.
The 2005 amendment, effective June 17, 2005, changed the name of the New Mexico state hospital to the New Mexico behavioral institute at Las Vegas.
No loss of state's jurisdiction. — Petitioner is not denied due process in violation of state and federal constitutions by his imprisonment and detention in New Mexico for violation of terms of parole agreement whereby New Mexico had paroled him to detainer in Arizona without surrendering its jurisdiction over him. Snow v. Cox, 1966-NMSC-082, 76 N.M. 238, 414 P.2d 217.
Effect of two life sentences on "outside" parole. — As a practical matter a person committed under two life sentences cannot be granted an "outside" parole until he has served 20 years but he can be granted an "in custody" parole after serving 10 years. 1961 Op. Att'y Gen. No. 61-59.
Cumulative sentences. — If it were mandatory upon a penitentiary to construe cumulative sentences as one continuous sentence, the provisions of this section would not be effective. 1963 Op. Att'y Gen. No. 63-165.
Cancellation of detainers. — The issuing and cancellation of detainers is properly a matter for the parole agency of this state. The board has authority to cancel, if it deems such advisable, an outstanding detainer or warrant based upon a violation of parole. 1956 Op. Att'y Gen. No. 56-6371.
