A. Meritorious deductions earned by a prisoner may be forfeited in an amount up to ninety days for two or more misconduct violations. Meritorious deductions earned by a prisoner may be forfeited in an amount in excess of ninety days for a major conduct violation. Forfeitures of meritorious deductions of up to ninety days shall only proceed upon the recommendation of the classification supervisor and final approval by the warden or the warden's designee. Forfeitures of meritorious deductions in an amount in excess of ninety days shall only proceed upon the recommendation of the classification supervisor and the warden or the warden's designee and final approval of the director of the adult institutions division of the corrections department or the director's designee. The secretary of corrections may review and revise any decision regarding the forfeiture of meritorious deductions.
B. The provisions of this section also apply to the forfeiture of earned meritorious deductions for a prisoner confined in a:
(1) federal or out-of-state correctional facility; or
(2) correctional facility in New Mexico operated by a private company pursuant to a contract with the corrections department.
History: 1978 Comp., § 33-2-36, enacted by Laws 1988, ch. 78, § 6; 1999, ch. 238, § 2; 2006, ch. 82, § 2.
ANNOTATIONSRepeals and reenactments. — Laws 1988, ch. 78, § 6 repealed 33-2-36 NMSA 1978, as amended by Laws 1977, ch. 257, § 78, relating to the forfeiture of earned meritorious deductions by prison inmates, and enacted a new section, effective July 1, 1990.
Cross references. — For applicability of Laws 1988, ch. 78, see 33-2-49 NMSA 1978.
The 2006 amendment, effective July 1, 2006, changed "committee" to "supervisor"; changed "warden" to "warden or the warden's designee"; and changed "corrections department" to "corrections department or the director's designee" in Subsection A.
The 1999 amendment, effective July 1, 1999, rewrote the section, which formerly read: "Any accrued deductions may be forfeited by the convict for any major conduct violation upon the recommendation of the classification committee, approval by the warden and final approval by the secretary of corrections."
Forfeiture of credits. — Section 33-2-34 NMSA 1978 and this section confer an entitlement to good-time credits, and this entitlement may be divested only when the statutory and administrative procedures relating to those credits have been followed. Brooks v. Shanks, 1994-NMSC-113, 118 N.M. 716, 885 P.2d 637.
The language in 33-2-34 NMSA 1978 and in this section gives prisoners the right not to be subjected to a forfeiture or termination of good-time credits unless the appropriate procedures are followed. If those procedures are circumvented, a due process violation occurs. Brooks v. Shanks, 1994-NMSC-113, 118 N.M. 716, 885 P.2d 637.
Continuous sentence provision not limited to "good time" situations. — The obvious intent of the sections of the 1889 law was to provide for the reduction of a sentence because of "good time." In so providing, § 49, the present 33-2-39 NMSA 1978 stated that separate sentences were to be construed as one continuous sentence. However, the statute is not limited to "good time" situations; it is general in its effect and applies in considering eligibility for parole under 31-21-10 NMSA 1978. Deats v. State, 1972-NMCA-155, 84 N.M. 405, 503 P.2d 1183.
When conduct warrants, "good time" may be forfeited and parolee returned. — "Good time" earned may be canceled under this section at any time prior to the service of sentence. If prior to that date a parolee's conduct warrants forfeiture of "good time" earned, a warrant may be issued under the procedure set out in 31-21-14 NMSA 1978 to return that convict to the penitentiary even though it is proposed to return him subsequent to the date when his original parole agreement indicates that the sentence imposed would have been served. 1956 Op. Att'y Gen. No. 56-6378.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Withdrawal, forfeiture, modification or denial of good time allowance to prisoner, 95 A.L.R.2d 1265.