PAROLE REQUIREMENT CHANGES, the official text

SENATE BILL 43

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Leo Jaramillo and Nicole Chavez and Andrea Romero

and Crystal Brantley

AN ACT

RELATING TO PAROLE; AMENDING FACTORS TO BE CONSIDERED BY THE
PAROLE BOARD WHEN CONSIDERING PAROLE OF AN INMATE SENTENCED TO
LIFE IMPRISONMENT; AMENDING THE REQUIREMENTS FOR PER DIEM AND
MILEAGE FOR PAROLE BOARD MEMBERS; PROVIDING FOR THE SCHEDULING
OF HEARINGS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 31-21-10 NMSA 1978 (being Laws 1980,
Chapter 28, Section 1, as amended) is amended to read:

"31-21-10. PAROLE AUTHORITY AND PROCEDURE.--

A. Except as provided in Section 31-21-10.2 NMSA
1978, an inmate of an institution who was sentenced to life
imprisonment becomes eligible for a parole hearing after the
inmate has served thirty years of the sentence, which shall be

construed as the retributive portion of the life sentence.

Upon reaching eligibility, parole consideration for release

shall focus on:

(1) risk and readiness for release, as
demonstrated by the inmate substantially complying with the
rules of the institution to which the inmate has been confined;

(2) whether the inmate has participated in or
completed an educational, a vocational or another program,
where available, while confined; and

(3) whether the inmate has demonstrated
maturity, rehabilitation and a fitness to reenter society.

B. Before ordering the parole of an inmate
sentenced to life imprisonment, the board shall:

(1) interview the inmate at the institution
where the inmate is committed;

(2) hear from the family or representative of
the victim, if the family or representative chooses to
participate;

[(2)] (3) consider all pertinent information
concerning the inmate, including:

(a) the circumstances of the offense,
including mitigating and aggravating circumstances;

[(b) mitigating and aggravating
circumstances;

(c)] (b) whether a deadly weapon was
used in the commission of the offense;

[(d) whether the inmate is a habitual
offender;]

(c) the inmate's relevant criminal
history;

[(e)] (d) the reports filed [under]
pursuant to Section 31-21-9 NMSA 1978; and

[(f)] (e) the reports of such physical
and mental examinations as have been made while the inmate was
in an institution;

[(3)] (4) make a finding that a parole is in
the best interest of society and the inmate; and

[(4)] (5) make a finding that the inmate is
able and willing to fulfill the obligations of a law-abiding
citizen.

C. If parole is denied, the inmate sentenced to
life imprisonment shall again become entitled to a parole
hearing at two-year intervals. The board may, on its own
motion, reopen any case in which a hearing has already been
granted and parole denied.

[B.] D. Unless the board finds that it is in the
best interest of society and the parolee to reduce the period
of parole, a person who was sentenced to life imprisonment
shall be required to undergo a minimum period of parole of five
years. During the period of parole, the person shall be under
the guidance and supervision of the board.

[C.] E. An inmate of an institution who was
sentenced to life imprisonment without possibility of release
or parole is not eligible for parole and shall remain
incarcerated for the entirety of the inmate's natural life.

[D.] F. Except for certain sex offenders as
provided in Section 31-21-10.1 NMSA 1978, an inmate who was
convicted of a first, second or third degree felony and who has
served the sentence of imprisonment imposed by the court in an
institution designated by the corrections department shall be
required to undergo a two-year period of parole. An inmate who
was convicted of a fourth degree felony and who has served the
sentence of imprisonment imposed by the court in an institution
designated by the corrections department shall be required to
undergo a one-year period of parole. During the period of
parole, the person shall be under the guidance and supervision
of the board.

[E.] G. Every person while on parole shall remain
in the legal custody of the institution from which the person
was released, but shall be subject to the orders of the board.
The board shall furnish to each inmate as a prerequisite to
release under its supervision a written statement of the
conditions of parole that shall be accepted and agreed to by
the inmate as evidenced by the inmate's signature affixed to a
duplicate copy to be retained in the files of the board. The
board shall also require as a prerequisite to release the
submission and approval of a parole plan. If an inmate refuses
to affix the inmate's signature to the written statement of the
conditions of parole or does not have an approved parole plan,
the inmate shall not be released and shall remain in the
custody of the institution in which the inmate has served the
inmate's sentence, excepting parole, until such time as the
period of parole the inmate was required to serve, less
meritorious deductions, if any, expires, at which time the
inmate shall be released from that institution without parole,
or until such time that the inmate evidences acceptance and
agreement to the conditions of parole as required or receives
approval for the inmate's parole plan or both. Time served
from the date that an inmate refuses to accept and agree to the
conditions of parole or fails to receive approval for the
inmate's parole plan shall reduce the period, if any, to be
served under parole at a later date. If the district court has
ordered that the inmate make restitution to a victim as
provided in Section 31-17-1 NMSA 1978, the board shall include
restitution as a condition of parole. The board shall also
personally apprise the inmate of the conditions of parole and
the inmate's duties relating to those conditions of parole.

[F.] H. When a person on parole has performed the
obligations of the person's release for the period of parole
provided in this section, the board shall make a final order of
discharge and issue the person a certificate of discharge.

[G.] I. The provisions of this section shall apply
to all inmates except geriatric, permanently incapacitated and
terminally ill inmates eligible for the medical and geriatric
parole program as provided by the Parole Board Act."

SECTION 2. Section 31-21-22 NMSA 1978 (being Laws 1975,
Chapter 194, Section 1) is amended to read:

"31-21-22. SHORT TITLE.--Sections [1 through 5 of this
act] 31-21-22 through 31-21-26 NMSA 1978 may be cited as the
"Parole Board Act"."

SECTION 3. Section 31-21-24 NMSA 1978 (being Laws 1975,
Chapter 194, Section 3, as amended) is amended to read:

"31-21-24. PAROLE BOARD--MEMBERS--APPOINTMENT--TERMS--QUALIFICATIONS--COMPENSATION--ORGANIZATION.--

A. The "parole board" is created, consisting of
fifteen members appointed by the governor with the consent of
the senate.

B. The terms of the members of the parole board
shall be six years. To provide for staggered terms, five
members shall be appointed every two years. Members serve
until their successors have been appointed and qualified.

C. Members of the parole board may be removed by
the governor as provided in Article 5, Section 5 of the
constitution of New Mexico. Vacancies shall be filled by
appointment by the governor for the remainder of the unexpired
term.

D. Members of the parole board shall be persons
qualified by such academic training or professional experience
as is deemed necessary to render them fit to serve as members
of the board. No member of the board shall be an official or
employee of any other federal, state or local government
entity.

E. Members of the parole board shall receive per
diem and mileage as provided for nonsalaried public officers in
the Per Diem and Mileage Act for a scheduled board meeting or
hearing or any other reimbursable activity under that act and
shall receive no other compensation, perquisite or allowance.

F. The governor shall designate one member of the
parole board to serve as chair, who in addition to other duties
shall coordinate with the corrections department in the
furnishing of services pursuant to Section 9-3-11 NMSA 1978.

G. A parole may be granted, denied or revoked by a
quorum of two on a panel consisting of three parole board
members appointed on a rotating basis by the chair of the
board."

SECTION 4. A new section of the Parole Board Act, Section
31-21-25.2 NMSA 1978, is enacted to read:

"31-21-25.2. [NEW MATERIAL] SCHEDULING OF HEARINGS IN
CASES OF HOMICIDE.--In cases of homicide, the parole board
shall not schedule a hearing on the anniversary of the birth or
death of the person or persons whose death is the basis for the
homicide conviction, when practicable."

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