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Sections 31-21-3 through 31-21-19 NMSA 1978 may be cited as the "Probation and Parole Act".

History: 1953 Comp., § 41-17-12, enacted by Laws 1955, ch. 232, § 1; 1963, ch. 301, § 1.

ANNOTATIONS

Cross references. — For inmate-release program, see 33-2-43 to 33-2-47 NMSA 1978.

For inapplicability of the Rules of Evidence to sentencing procedures, see Rule 11-1101 NMRA.

No contract between state and prisoner. — No act of the parole board can constitute a contract between a prisoner and the state. Aragon v. Cox, 1965-NMSC-132, 75 N.M. 537, 407 P.2d 673.

Void order of parole is without force or effect to justify the release of a prisoner. Aragon v. Cox, 1965-NMSC-132, 75 N.M. 537, 407 P.2d 673.

Law reviews. — For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972).

For note, "Negligent Hiring and Retention - Availability of Action Limited By Foreseeability Requirement," see 10 N.M.L. Rev. 491 (1980).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Propriety of conditioning probation on defendant's remaining childless or having no additional children during probationary period, 94 A.L.R.3d 1218.

Jury's discussion of parole law as ground for reversal for new trial, 21 A.L.R.4th 420.

Right of convicted defendant to refuse probation, 28 A.L.R.4th 736.


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