N.M. Admin. Code § 22.510.17.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 22.510.17.9 - GRANT OF PAROLE AND INCORPORATION OF SECTION 31-21-10 NMSA 1978

A. Where credible evidence of rehabilitation, growth, and maturity is present, a presumption of fitness for parole shall be applied. In applying this presumption, the parole board shall abide by the statutory requirements under Section 31-21-10 NMSA 1978, for granting parole of an inmate sentenced to life imprisonment. In accordance with Section 31-21-10 NMSA 1978, before granting parole, the parole board shall also consider:

(1) The circumstances of the offense;

(2) Mitigating and aggravating circumstances;

(3) Whether a deadly weapon was used in the commission of the offense;

(4) Whether the inmate is a habitual offender;

(5) The reports filed under Section 31-21-9 NMSA 1978; and

(6) The reports of such physical and mental examinations as have been made while in an institution.

B. In accordance with Section 31-21-10 NMSA 1978, in support of a grant of parole, the parole board shall also:

(1) Make a finding that parole is in the best interest of society and the inmate; and

(2) Make a finding that the inmate is able and willing to fulfill the obligations of a law-abiding citizen.

N.M. Admin. Code § 22.510.17.9

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