Conditional release.

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A. Any prisoner who is released by authority of the governor under any conditional release or other disposition made under the pardoning power, other than full pardon, shall, upon release, be deemed as released on parole until the expiration of the basic term or terms of imprisonment for which he was sentenced and until the expiration of any period of parole included as a part of sentence.

B. Except for a full pardon, the governor may not conditionally release or otherwise pardon a prisoner during the period for which such person is serving any enhanced term of his sentence pursuant to Section 31-18-16 NMSA 1978.

History: 1953 Comp., § 41-17-25, enacted by Laws 1955, ch. 232, § 14; 1977, ch. 216, § 14.

ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — 59 Am. Jur. 2d Pardon and Parole §§ 63 to 72; 60 Am. Jur. 2d Penal and Correctional Institutions §§ 226, 229, 230, 232 to 235.

Conditional pardon, 60 A.L.R. 1410.

Offenses and convictions covered by pardon, 35 A.L.R.2d 1261.

Denial of state prisoner's application for, or revocation of, participation in work or study release program or furlough program as actionable under Civil Rights Act of 1871 (42 USCS § 1983), 55 A.L.R. Fed. 208.

67A C.J.S. Pardon and Parole §§ 23 to 28.


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