N.M. Admin. Code § 22.510.17.8

Current through Register Vol. 35, No. 17, September 10, 2024

Section 22.510.17.8 - PRESENTATION AND CONSIDERATION OF YOUTHFUL CHARACTERISTICS

The parole board shall consider the following mitigating factors for inmates sentenced for crimes committed before the age of 18:

A. The age and life circumstances of the inmate as of the date of the commission of the crime(s), including, but not limited to, diminished understanding of risks and consequences, diminished ability to resist peer pressure, and diminished ability to control surroundings;

(1) The hallmark features of youth at the time of the commission of the crime(s), including, but not limited to, diminished understanding of risks and consequences, diminished ability to resist peer pressure, and diminished ability to control surroundings;

(2) Whether the inmate has demonstrated growth and increased maturity since the date of the commission of the crime(s);

(3) The inmate's contributions to the welfare of other persons through service while incarcerated;

(4) When appropriate, the inmate's efforts to overcome substance abuse, addiction, or trauma;

(5) Lack of education or obstacles that the inmate may have faced as an adolescent in the adult correctional system;

(6) The inmate's opportunities for, or lack thereof, rehabilitation services in the correctional system, including, but not limited to, mental health services, counseling, educational programs, and vocational training; and

(7) The overall degree of the inmate's rehabilitation considering the inmate's age and life circumstances at the time of the crime, the nature and circumstances of the inmate's involvement in the crime(s), and the inmate's opportunities for rehabilitation while incarcerated.

B. An inmate shall be allowed to present, and the parole board shall consider, evidence of the inmate's youthful characteristics prior to the crime(s) and during incarceration in the form of paper, photographic, and electronic records, expert reports, and written statements.

C. Individuals, including, but not limited to, family members, friends, school and vocational personnel, faith leaders, teachers, correctional officials, and representatives from community-based organizations with knowledge about relevant evidence about the inmate may submit statements to the parole board as mitigating evidence of the inmate's maturity and life circumstances prior to the crime and/or as mitigating evidence of the inmate's growth and maturity since the time of the offense.

D. Experts in adolescent development, brain science, trauma, mental and physical health, and other relevant areas of expertise may present to the parole board on reports, affidavits, or other written statements to the parole board submitted as mitigating evidence. To qualify for consideration by the parole board, expert reports must address the inmate's particular circumstances and be based on an individual evaluation of the inmate.

E. Institutional infractions received prior to age 25 shall not be weighed against the inmate when determining whether to grant or deny parole.

N.M. Admin. Code § 22.510.17.8

Adopted by New Mexico Register, Volume XXXII, Issue 05, March 9, 2021, eff. 3/9/2021