§ 31-20-5 — Placing defendant on probation

A. When a person has been convicted of a crime for which a sentence of imprisonment is authorized and when the magistrate, metropolitan or district court has deferred or suspended sentence, it shall order the defendant to be placed on probation for all or some portion of the period of deferment or suspension if the defendant is in need of supervision, guidance or direction that is feasible for the corrections department to furnish. Except for sex offenders as provided in Section 31-20-5.2 NMSA 1978, the total period of probation for district court shall not exceed five years and the total period of probation for the magistrate or metropolitan courts shall be no longer than the maximum allowable incarceration time for the offense or as otherwise provided by law. B. If a defendant is required to serve a period of probation subsequent to a period of incarceration: (1) the period of probation shall be served subsequent to any required period of parole, with the time served on parole credited as time served on the period of probation and the conditions of probation imposed by the court deemed as additional conditions of parole; and (2) in the event that the defendant violates any condition of that parole, the parole board shall cause the defendant to be brought before it pursuant to the provisions of Section 31-21-14 NMSA 1978 and may make any disposition authorized pursuant to that section and, if parole is revoked, the period of parole served in the custody of a correctional facility shall not be credited as time served on probation. C. A defendant shall automatically be released from probation if the defendant: (1) is classified as a minimum level risk by a validated scoring instrument; (2) has met all of the obligations of the defendant's probation; and (3) has completed one-half or more of the period of probation.

Legislative History

1953 Comp., § 40A-29-17, enacted by Laws 1963, ch. 303, § 29-17; and