PRISON-RELEASE DISCRETION AND PRISON POPULATION SIZE - STATE REPORT: NEW MEXICO

Our finding of a moderate degree of indeterminacy means that prison population size in New Mexico is governed in roughly equal measure by sentences pronounced in court and the discretionary actions taken at the back end of the system by prison officials. [...] at 19 table 9 (nationwide 4 PRISON-RELEASE DISCRETION AND PRISON POPULATION SIZE STATE REPORT: NEW MEXICO The COVID period in New Mexico In a separate study, the Robina Institute found 550 releases in New Mexico from March 2020 through December 2021 that were accelerated in response to the pandemic.9 This number was the equivalent of about eight percent of New Mexico pre-COVID prison population (m. [...] Forfeitures in an amount in excess of 90 days may only occur upon the recommendation of the classification supervisor, the warden, and final approval of the director of the adult institutions division of the corrections department.28 The great majority of states place no similar limitations on the scope of forfeiture penalties. [...] The parole term of an offender released on medical or geriatric parole shall be for the remainder of the inmate’s sentence, without diminution of sentence for good behavior.40 The parole board is required to report to the New Mexico legislature the number of applications and ultimate releases to medical and geriatric parole it receives. [...] Overall assessment of indeterminacy in New Mexico’s prison-sentencing system Our assessment of the overall degree of indeterminacy in New Mexico’s prison-sentencing system is based first on the general rules for release for “nonviolent” offenders, which we believe to be the largest subpopulation in the state’s prisons.