A. Meritorious deductions forfeited pursuant to Section 33-2-36 NMSA 1978 may be restored in whole or in part to a prisoner who is exemplary in conduct and work performance for a period of not less than six months following the date of forfeiture. Meritorious deductions may be restored upon recommendation of the classification supervisor, approval by the warden or the warden's designee and final approval by the director of the adult institutions division of the corrections department or the director's designee.
B. The provisions of this section also apply to the restoration 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., § 33-2-37, enacted by Laws 1988, ch. 78, § 7; 1999, ch. 238, § 3; 2006, ch. 82, § 3.
ANNOTATIONSRepeals and reenactments. — Laws 1988, ch. 78, § 7 repealed 33-2-37 NMSA 1978, as amended by Laws 1977, ch. 257, § 79, relating to the restoration of forfeited meritorious deductions by prison inmates, and enacted a new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 "secretary of corrections" to "director of the adult institutions division of the corrections department or the director's designee" in Subsection A.
The 1999 amendment, effective July 1, 1999, designated the formerly undesignated paragraph as Subsection A, and, in that subsection, added "Meritorious" at the beginning of the first sentence and added the second sentence; and added Subsection B.