A. The parole board shall have the powers and duties of the former state board of probation and parole pursuant to Sections 31-21-6 and 31-21-10 through 31-21-17 NMSA 1978 and such additional powers and duties relating to the parole of adults as are enumerated in this section.
B. The parole board shall have the following powers and duties to:
(1) grant, deny or revoke parole;
(2) conduct or cause to be conducted such investigations, examinations, interviews, hearings and other proceedings as may be necessary for the effectual discharge of the duties of the board;
(3) summon witnesses, books, papers, reports, documents or tangible things and administer oaths as may be necessary for the effectual discharge of the duties of the board;
(4) maintain records of its acts, decisions and orders and notify each corrections facility of its decisions relating to persons who are or have been confined therein;
(5) adopt an official seal of which the courts shall take judicial notice;
(6) employ such officers, agents, assistants and other employees as may be necessary for the effectual discharge of the duties of the board;
(7) contract for services, supplies, equipment, office space and such other provisions as may be necessary for the effectual discharge of the duties of the board; and
(8) adopt such rules and regulations as may be necessary for the effectual discharge of the duties of the board.
C. The parole board shall provide a prisoner or parolee with a written statement of the reason or reasons for denying or revoking parole.
D. The parole board shall adopt a written policy specifying the criteria to be considered by the board in determining whether to grant, deny or revoke parole or to discharge a parolee.
E. When the parole board conducts a parole hearing for an offender, and upon request of the victim or family member the board shall allow the victim of the offender's crime or a family member of the victim to be present during the parole hearing. If the victim or a family member of the victim requests an opportunity to speak to the board during the hearing in public or private, the board shall grant that request. As used in this subsection, "family member of the victim" means a mother, father, sister, brother, child or spouse of the victim or a person who has custody of the victim.
History: 1953 Comp., § 41-17-40, enacted by Laws 1975, ch. 194, § 4; 1983, ch. 320, § 1; 1989, ch. 210, § 1; 2001, ch. 224, § 1.
ANNOTATIONSCross references. — For administrative attachment to the criminal justice department, see 9-3-11 NMSA 1978.
The 2001 amendment, effective July 1, 2001, inserted "parole" preceding "board" in Subsections A, C and D; and added Subsection E.
The 1989 amendment, effective July 1, 1989, deleted former Subsection E, regarding various notification requirements of the board in connection with its docket and in connection with release of prisoners.
Generally as to granting or revoking of parole. — The power to grant parole and to revoke it is exercised pursuant to explicit statutory authority, and that power is exercised by a person or persons experienced in sifting, weighing and evaluating the factors involved in the grant or revocation of conditional freedom. The real problem before the parole board is one of rehabilitation, which must be measured, not by legal rules, but by the judgment of those who make it their professional business. Robinson v. Cox, 1966-NMSC-210, 77 N.M. 55, 419 P.2d 253.
Release on parole is act of clemency or grace resting entirely within the discretion of the parole board. Robinson v. Cox, 1966-NMSC-210, 77 N.M. 55, 419 P.2d 253.
Paroled prisoner is not discharged from custody of prison authorities, but is at all times under the complete custody and control, and subject to the orders of the parole board. Robinson v. Cox, 1966-NMSC-210, 77 N.M. 55, 419 P.2d 253.
No constitutional right to hearing prior to revocation. — A prisoner on probation has no constitutional right to a hearing prior to its revocation, and any such right depends entirely upon the existence of a statutory provision. Robinson v. Cox, 1966-NMSC-210, 77 N.M. 55, 419 P.2d 253.
No right to counsel at revocation hearing. — Neither due process nor the applicable statutes require that parolees be provided with appointed counsel or represented by employed counsel when they appear before the parole board in a revocation hearing. Robinson v. Cox, 1966-NMSC-210, 77 N.M. 55, 419 P.2d 253.
Scope of evidence at parole revocation hearing. — A parole revocation hearing cannot be restricted to legal evidence derived from examinations and cross-examinations of witnesses in open hearing. Any information of probative value, even though it may be in the form of letters, reports of probation officers and similar matter, which can help the board in making its determination may properly be considered. Robinson v. Cox, 1966-NMSC-210, 77 N.M. 55, 419 P.2d 253.
Effect of considering hearsay evidence. — The consideration of the board of hearsay evidence does not invalidate the action taken. Robinson v. Cox, 1966-NMSC-210, 77 N.M. 55, 419 P.2d 253.
Law reviews. — For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 59 Am. Jur. 2d Pardon and Parole §§ 17, 32, 45, 76.
Liability of governmental officer or entity for failure to warn or notify of release of potentially dangerous individual from custody, 12 A.L.R.4th 722.
Probation officer's liability for negligent supervision of probationer, 44 A.L.R.4th 638.
United States Parole Commission Guidelines for federal prisoners, 61 A.L.R. Fed. 135.
16A C.J.S. Constitutional Law §§ 262, 505; 31A C.J.S. Evidence § 159 et seq.; 39 C.J.S. Habeas Corpus § 77.