New Mexico 2025 Regular Session Status: Enacted 1 D cosponsors

SB 375 — PROBATION & PAROLE CHANGES

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 12, 2025. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on April 08, 2025.

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High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Likely to advance 72% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

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Bill Text

What changed in the latest version

550 added · 932 removed

Plain-language change summary

The recent amendments to SB 375 include removing the requirement for individuals on probation to pay for parole services, which can alleviate financial burdens. Additionally, the bill now allows low-risk offenders to be released from probation under specific conditions, potentially reducing unnecessary supervision. These changes aim to support rehabilitation and ensure that resources are focused on higher-risk individuals, ultimately benefiting both individuals and the community.

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SENATE BILL 375 57TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Antonio Maestas This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AN ACT RELATING TO PROBATION;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
REMOVING THE PAYMENT OF THE COST OF PAROLE SERVICES;
h AN ACT g o RELATING TO PROBATION;
ALLOWING A MINIMUM RISK DEFENDANT TO BE RELEASED FROM PROBATION IN CERTAIN CIRCUMSTANCES;
REMOVING THE PAYMENT OF THE COST OF t hr g e i k PAROLE SERVICES;
CLARIFYING PROJECTED RELEASE DATES FOR MERITORIOUS DEDUCTIONS UPON ADMISSION TO A CORRECTIONAL FACILITY.
ALLOWING A MINIMUM RISK DEFENDANT TO BE h r i s RELEASED FROM PROBATION IN CERTAIN CIRCUMSTANCES;
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
CLARIFYING h , t, PROJECTED RELEASE DATES FOR MERITORIOUS DEDUCTIONS UPON e u g e b l e e h ADMISSION TO A CORRECTIONAL FACILITY.
SECTION 1.
n d d i = = o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 31-18-15 NMSA 1978 (being Laws 1977, Chapter 216, Section 4, as amended) is amended to read:
r i = r t e w d m a n o SECTION 1.
Section 31-18-15 NMSA 1978 (being Laws 1977, d m :
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e e a n e d r e l u [ A d Chapter 216, Section 4, as amended) is amended to read:
FELONY CLASSIFICATION BASIC SENTENCE first degree felony resulting in the death of a child life imprisonment first degree felony for aggravated criminal sexual penetration life imprisonment first degree felony eighteen years imprisonment second degree felony h resulting in the death of g o t hr a human being eighteen years imprisonment g e i k second degree felony for a h r i s sexual offense against a h , t, child fifteen years imprisonment e u g e b l e e h second degree felony for n d d i = = o h sexual exploitation of l ] b ,d i a º e children twelve years imprisonment r i = r t e w d m a n o second degree felony nine years imprisonment d m :
FELONY CLASSIFICATION BASIC SENTENCE first degree felony resulting in the death of a child life imprisonment first degree felony for aggravated criminal sexual penetration life imprisonment first degree felony eighteen years imprisonment SB 375 Page 1 second degree felony resulting in the death of a human being eighteen years imprisonment second degree felony for a sexual offense against a child fifteen years imprisonment second degree felony for sexual exploitation of children twelve years imprisonment second degree felony nine years imprisonment third degree felony resulting in the death of a human being six years imprisonment third degree felony for a sexual offense against a child six years imprisonment third degree felony for sexual exploitation of children eleven years imprisonment third degree felony three years imprisonment fourth degree felony for sexual exploitation of children ten years imprisonment fourth degree felony eighteen months imprisonment.
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 2 - e a n e d r e l u [ A d third degree felony resulting in the death of a human being six years imprisonment third degree felony for a sexual offense against a child six years imprisonment third degree felony for sexual exploitation of children eleven years imprisonment third degree felony three years imprisonment fourth degree felony for sexual exploitation of children ten years imprisonment fourth degree felony eighteen months imprisonment.
The appropriate basic sentence of imprisonment shall be imposed upon a person convicted and sentenced pursuant to Subsection A of this section, unless the court alters the sentence pursuant to the provisions of the Criminal Sentencing h Act.
The appropriate basic sentence of imprisonment shall be imposed upon a person convicted and sentenced pursuant to Subsection A of this section, unless the court SB 375 Page 2 alters the sentence pursuant to the provisions of the Criminal Sentencing Act.
g o t hr C.
C.
A period of parole shall be imposed only for g e i k felony convictions wherein a person is sentenced to h r i s imprisonment of more than one year, unless the parties to a h , t, proceeding agree that a period of parole should be imposed.
A period of parole shall be imposed only for felony convictions wherein a person is sentenced to imprisonment of more than one year, unless the parties to a proceeding agree that a period of parole should be imposed.
If e u g e b l e e h a period of parole is imposed, the court shall include in the n d d i = = o h judgment and sentence of each person convicted and sentenced to l ] b ,d i a º e imprisonment in a corrections facility designated by the r i = r t e w d m a n o corrections department authority for a period of parole to be d m :
If a period of parole is imposed, the court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978.
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 3 - e a n e d r e l u [ A d served in accordance with the provisions of Section 31-21-10 NMSA 1978 [after the completion of any actual time of imprisonment and authority to require, as a condition of parole, the payment of the costs of parole services and reimbursement to a law enforcement agency or local crime stopper program in accordance with the provisions of that section].
When a court imposes a sentence of imprisonment pursuant to the provisions of Section 31-18-15.1, 31-18-16 or 31-18-17 NMSA 1978 and suspends or defers the basic sentence of imprisonment provided pursuant to the provisions of Subsection A of this section, the period of parole shall be served in h accordance with the provisions of Section 31-21-10 NMSA 1978 u » r for the degree of felony for the basic sentence for which the t h g e l i inmate was convicted.
When a court imposes a sentence of imprisonment pursuant to the provisions of Section 31-18-15.1, 31-18-16 or 31-18-17 NMSA 1978 and suspends or defers the basic sentence of imprisonment provided pursuant to the provisions of Subsection A of this section, the period of parole shall be served in accordance with the provisions of Section 31-21-10 NMSA 1978 for the degree of felony for the basic sentence for which the inmate was convicted.
For the purpose of designating a period h r i s of parole, a court shall not consider that the basic sentence h , e h of imprisonment was suspended or deferred and that the inmate t u g e b l e e , gh served a period of imprisonment pursuant to the provisions of n d d i = = o h the Criminal Sentencing Act.
For the purpose of SB 375 Page 3 designating a period of parole, a court shall not consider that the basic sentence of imprisonment was suspended or deferred and that the inmate served a period of imprisonment pursuant to the provisions of the Criminal Sentencing Act.
l ] b ,d i a º r E.
E.
The court may, in addition to the imposition of e r = t e w d m a n o a basic sentence of imprisonment, impose a fine not to exceed:
The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed:
d m :
(1) for a first degree felony resulting in the death of a child, seventeen thousand five hundred dollars ($17,500);
b r e t º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 4 - e a n e d r e l u [ A d (1) for a first degree felony resulting in the death of a child, seventeen thousand five hundred dollars ($17,500);
h (7) for a second degree felony, ten thousand g o t hr dollars ($10,000);
(7) for a second degree felony, ten thousand dollars ($10,000);
g e i k (8) for a third degree felony resulting in the h r i s death of a human being, five thousand dollars ($5,000);
SB 375 Page 4 (8) for a third degree felony resulting in the death of a human being, five thousand dollars ($5,000);
h , t, (9) for a third degree felony for a sexual e u g e b l e e h offense against a child, five thousand dollars ($5,000);
(9) for a third degree felony for a sexual offense against a child, five thousand dollars ($5,000);
n d d i = = o h (10) for a third degree felony for sexual l ] b ,d i a º e exploitation of children, five thousand dollars ($5,000);
(10) for a third degree felony for sexual exploitation of children, five thousand dollars ($5,000);
r i = r t e w d m a n o (11) for a third or fourth degree felony, five d m :
(11) for a third or fourth degree felony, five thousand dollars ($5,000);
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 5 - e a n e d r e l u [ A d thousand dollars ($5,000);
No later than October 31 of each year, the New h Mexico sentencing commission shall provide a written report to u » r the secretary of corrections, all New Mexico criminal court t h g e l i judges, the administrative office of the district attorneys and h r i s the chief public defender.
No later than October 31 of each year, the New Mexico sentencing commission shall provide a written report to the secretary of corrections, all New Mexico SB 375 Page 5 criminal court judges, the administrative office of the district attorneys and the chief public defender.
The report shall specify the h , e h average reduction in the sentence of imprisonment for serious t u g e b l e e , gh violent offenses and nonviolent offenses, as defined in Section n d d i = = o h 33-2-34 NMSA 1978, due to meritorious deductions earned by l ] b ,d i a º r prisoners during the previous fiscal year pursuant to the e r = t e w d m a n o provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 d m :
The report shall specify the average reduction in the sentence of imprisonment for serious violent offenses and nonviolent offenses, as defined in Section 33-2-34 NMSA 1978, due to meritorious deductions earned by prisoners during the previous fiscal year pursuant to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978.
b r e t º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 6 - e a n e d r e l u [ A d NMSA 1978.
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 h of probation for the magistrate or metropolitan courts shall be u » r no longer than the maximum allowable incarceration time for the t h g e l i offense or as otherwise provided by law.
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 SB 375 Page 6 metropolitan courts shall be no longer than the maximum allowable incarceration time for the offense or as otherwise provided by law.
h r i s B.
B.
If a defendant is required to serve a period of h , e h probation subsequent to a period of incarceration:
If a defendant is required to serve a period of probation subsequent to a period of incarceration:
t u g e b l e e , gh (1) the period of probation shall be served n d d i = = o h subsequent to any required period of parole, with the time l ] b ,d i a º r served on parole credited as time served on the period of e r = t e w d m a n o probation and the conditions of probation imposed by the court d m :
(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;
b r e t º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 7 - e a n e d r e l u [ A d 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.
and (2) in the event that the defendant violates any condition of that parole, the parole board shall cause [him] 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.
and (3) has completed one-half or more of the h period of probation." g o t hr SECTION 3.
and (3) has completed one-half or more of the SB 375 Page 7 period of probation." SECTION 3.
Section 31-21-10 NMSA 1978 (being Laws 1980, g e i k Chapter 28, Section 1, as amended) is amended to read:
Section 31-21-10 NMSA 1978 (being Laws 1980, Chapter 28, Section 1, as amended) is amended to read:
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h r i s "31-21-10.
"31-21-10.
PAROLE AUTHORITY AND PROCEDURE.-- h , t, A.
PAROLE AUTHORITY AND PROCEDURE.-- A.
Except as provided in Section 31-21-10.2 NMSA e u g e b l e e h 1978, an inmate of an institution who was sentenced to life n d d i = = o h imprisonment becomes eligible for a parole hearing after the l ] b ,d i a º e inmate has served thirty years of the sentence.
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.
Before r i = r t e w d m a n o ordering the parole of an inmate sentenced to life d m :
Before ordering the parole of an inmate sentenced to life imprisonment, the board shall:
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 8 - e a n e d r e l u [ A d imprisonment, the board shall:
and (f) the reports of such physical and mental examinations as have been made while in an institution;
and (f) the reports of such physical and mental examinations as have been made while in an SB 375 Page 8 institution;
h (3) make a finding that a parole is in the g o t hr best interest of society and the inmate;
(3) make a finding that a parole is in the best interest of society and the inmate;
and g e i k (4) make a finding that the inmate is able and h r i s willing to fulfill the obligations of a law-abiding citizen.
and (4) make a finding that the inmate is able and willing to fulfill the obligations of a law-abiding citizen.
h , t, If parole is denied, the inmate sentenced to life e u g e b l e e h imprisonment shall again become entitled to a parole hearing at n d d i = = o h two-year intervals.
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 l ] b ,d i a º e any case in which a hearing has already been granted and parole r i = r t e w d m a n o denied.
The board may, on its own motion, reopen any case in which a hearing has already been granted and parole denied.
d m :
B.
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 9 - e a n e d r e l u [ A d B.
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.
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 SB 375 Page 9 institution designated by the corrections department shall be required to undergo a two-year period of parole.
An inmate who was h convicted of a fourth degree felony and who has served the g o t hr sentence of imprisonment imposed by the court in an institution g e i k designated by the corrections department shall be required to h r i s undergo a one-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 h , t, parole, the person shall be under the guidance and supervision e u g e b l e e h of the board.
During the period of parole, the person shall be under the guidance and supervision of the board.
n d d i = = o h E.
E.
Every person while on parole shall remain in the l ] b ,d i a º e legal custody of the institution from which the person was r i = r t e w d m a n o released, but shall be subject to the orders of the board.
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 d m :
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.
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 10 - e a n e d r e l u [ A d 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.
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 h conditions of parole as required or receives approval for the u » r inmate's parole plan or both.
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 SB 375 Page 10 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 t h g e l i an inmate refuses to accept and agree to the conditions of h r i s parole or fails to receive approval for the inmate's parole h , e h plan shall reduce the period, if any, to be served under parole t u g e b l e e , gh at a later date.
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 n d d i = = o h inmate make restitution to a victim as provided in Section l ] b ,d i a º r 31-17-1 NMSA 1978, the board shall include restitution as a e r = t e w d m a n o condition of parole.
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 d m :
The board shall also personally apprise the inmate of the conditions of parole and the inmate's duties relating to those conditions of parole.
b r e t º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 11 - e a n e d r e l u [ A d the inmate of the conditions of parole and the inmate's duties relating to those conditions of parole.
[G.
G.
Pursuant to the provisions of Section 31-18-15 NMSA 1978, the board shall require the inmate as a condition of parole:
(1) to pay the actual costs of parole services to the adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate h district supervisor of the adult probation and parole division, u » r based upon the financial circumstances of the inmate.
The t h g e l i inmate's payment of the supervised parole costs shall not be h r i s waived unless the board holds an evidentiary hearing and finds h , e h that the inmate is unable to pay the costs.
If the board t u g e b l e e , gh waives the inmate's payment of the supervised parole costs and n d d i = = o h the inmate's financial circumstances subsequently change so l ] b ,d i a º r that the inmate is able to pay the costs, the appropriate e r = t e w d m a n o district supervisor of the adult probation and parole division d m :
b r e t º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 12 - e a n e d r e l u [ A d shall advise the board and the board shall hold an evidentiary hearing to determine whether the waiver should be rescinded;
and (2) to reimburse a law enforcement agency or local crime stopper program for the amount of any reward paid by the agency or program for information leading to the inmate's arrest, prosecution or conviction.
H.] G.
"33-2-34.
SB 375 Page 11 "33-2-34.
[To earn meritorious deductions ] A prisoner h confined in a correctional facility designated by the g o t hr corrections department [must be an active participant ] may lose g e i k earned meritorious deductions if the prisoner fails to actively h r i s participate in programs recommended for the prisoner by the h , t, classification supervisor and approved by the warden or the e u g e b l e e h warden's designee.
A prisoner confined in a correctional facility designated by the corrections department may lose earned meritorious deductions if the prisoner fails to actively participate in programs recommended for the prisoner by the classification supervisor and approved by the warden or the warden's designee.
n d d i = = o h B.
B.
Meritorious deductions shall be awarded for the l ] b ,d i a º e remainder of the sentence, after pre-sentence confinement has r i = r t e w d m a n o been deducted, upon admission to a correctional facility d m :
Meritorious deductions shall be awarded for the remainder of the sentence, after pre-sentence confinement has been deducted, upon admission to a correctional facility designated by the corrections department.
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 13 - e a n e d r e l u [ A d designated by the corrections department.
(1) for a prisoner confined for committing a serious violent offense, [up to a maximum of ] four days per month [of time served ];
(1) for a prisoner confined for committing a serious violent offense, four days per month;
(2) for a prisoner confined for committing a nonviolent offense, [up to a maximum of ] thirty days per month [of time served ];
(2) for a prisoner confined for committing a nonviolent offense, thirty days per month;
and (3) for a prisoner confined following revocation of parole, [for the alleged commission of a new felony offense or for absconding from parole, up to a maximum of four days per month of time served during the parole term following revocation;
and (3) for a prisoner confined following revocation of parole, meritorious deductions will be awarded commensurate with the classification of the offense.
and (4) for a prisoner confined following revocation of parole for a reason other than the alleged h commission of a new felony offense or absconding from parole:
D.
g o t hr (a) up to a maximum of eight days per g e i k month of time served during the parole term following h r i s revocation, if the prisoner was convicted of a serious violent h , t, offense or failed to pass a drug test administered as a e u g e b l e e h condition of parole;
A prisoner may lose meritorious deductions upon recommendation by the classification supervisor, based upon the prisoner's failure to actively participate in approved programs and the quality of the prisoner's participation in SB 375 Page 12 those approved programs.
or n d d i = = o h (b) up to a maximum of thirty days per l ] b ,d i a º e month of time served during the parole term following r i = r t e w d m a n o revocation, if the prisoner was convicted of a nonviolent d m :
A prisoner may not lose meritorious deductions unless the recommendation of the classification supervisor is approved by the warden or the warden's designee.
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 14 - e a n e d r e l u [ A d offense] meritorious deductions will HJCºnot be awarded»HJC HJCºbe awarded commensurate with the classification of the offense»HJC .
E.
[B.] D.
If a prisoner's active participation in approved programs is interrupted by a lockdown at a correctional facility, the prisoner may not lose meritorious deductions, unless the warden or the warden's designee determines that the prisoner's conduct contributed to the initiation or continuance of the lockdown.
A prisoner may [earn] lose meritorious deductions upon recommendation by the classification supervisor, based upon the prisoner's [active participation ] failure to actively participate in approved programs and the quality of the prisoner's participation in those approved programs.
F.
A prisoner may not [earn ] lose meritorious deductions unless the recommendation of the classification supervisor is approved by the warden or the warden's designee.
A prisoner confined in a correctional facility designated by the corrections department is eligible for lump-sum meritorious deductions as follows:
[C.] E.
(1) for successfully completing an approved vocational, substance abuse or mental health program, thirty days;
If a prisoner's active participation in approved programs is interrupted by a lockdown at a correctional facility, the prisoner may [continue to be awarded ] not lose meritorious deductions, [at the rate the prisoner was earning meritorious deductions prior to the lockdown] unless the warden h or the warden's designee determines that the prisoner's conduct g o t hr contributed to the initiation or continuance of the lockdown.
except when the prisoner has a demonstrable physical, mental health or developmental disability that prevents the prisoner from successfully earning a high school equivalency credential, in which case, the prisoner shall be awarded ninety days;
g e i k [D.] F.
(2) for earning a high school equivalency credential, ninety days;
A prisoner confined in a correctional h r i s facility designated by the corrections department is eligible h , t, e u g for lump-sum meritorious deductions as follows:
(3) for earning an associate's degree, one hundred twenty days;
e b l e e h (1) for successfully completing an approved n d d i = = o h vocational, substance abuse or mental health program, [one l ] b ,d i a º e month] thirty days;
(4) for earning a bachelor's degree, one hundred fifty days;
except when the prisoner has a demonstrable r i = r t e w d m a n o physical, mental health or developmental disability that d m :
SB 375 Page 13 (5) for earning a graduate qualification, one hundred fifty days;
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 15 - e a n e d r e l u [ A d prevents the prisoner from successfully earning a high school equivalency credential, in which case, the prisoner shall be awarded [three months ] ninety days;
and (6) for engaging in a heroic act of saving life or property, engaging in extraordinary conduct for the benefit of the state or the public that is at great expense or risk to or involves great effort on the part of the prisoner or engaging in extraordinary conduct far in excess of normal program assignments that demonstrates the prisoner's commitment to self-rehabilitation.
(2) for earning a high school equivalency credential, [three months ] ninety days;
The classification supervisor and the warden or the warden's designee may recommend the number of days to be awarded in each case based upon the particular merits, but any award shall be determined by the director of the adult institutions division of the corrections department or the director's designee.
(3) for earning an associate's degree, [four months] one hundred twenty days;
G.
(4) for earning a bachelor's degree, [five months] one hundred fifty days;
Lump-sum meritorious deductions, provided in Paragraphs (1) through (6) of Subsection F of this section, may be awarded in addition to the meritorious deductions provided in Subsection C of this section.
(5) for earning a graduate qualification, [five months ] one hundred fifty days;
and (6) for engaging in a heroic act of saving life or property, engaging in extraordinary conduct for the benefit of the state or the public that is at great expense or risk to or involves great effort on the part of the prisoner or engaging in extraordinary conduct far in excess of normal h program assignments that demonstrates the prisoner's commitment g o t hr to self-rehabilitation.
The classification supervisor and the g e i k warden or the warden's designee may recommend the number of days h r i s to be awarded in each case based upon the particular merits, but h , t, any award shall be determined by the director of the adult e u g e b l e e h institutions division of the corrections department or the n d d i = = o h director's designee.
l ] b ,d i a º e [E.] G.
Lump-sum meritorious deductions, provided in r i = r t e w d m a n o Paragraphs (1) through (6) of Subsection [D ] F of this section, d m :
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 16 - e a n e d r e l u [ A d may be awarded in addition to the meritorious deductions provided in [Subsections A and B ] Subsection C of this section.
[F.] H.
H.
A prisoner [is not eligible to earn] may lose meritorious deductions if the prisoner:
A prisoner may lose meritorious deductions if the prisoner:
(1) disobeys an order to perform labor, pursuant to Section 33-8-4 NMSA 1978;
(1) disobeys an order to perform labor, SB 375 Page 14 pursuant to Section 33-8-4 NMSA 1978;
or (4) is not an active participant in programs recommended and approved for the prisoner by the classification h supervisor.
or (4) is not an active participant in programs recommended and approved for the prisoner by the classification supervisor.
g o t hr [G.] I.
I.
The provisions of this section shall not be g e i k interpreted as providing eligibility to earn meritorious h r i s deductions from a sentence of life imprisonment or a sentence of h , t, life imprisonment without possibility of release or parole.
The provisions of this section shall not be interpreted as providing eligibility to earn meritorious deductions from a sentence of life imprisonment or a sentence of life imprisonment without possibility of release or parole.
e u g e b l e e h [H.] J.
J.
The corrections department shall promulgate n d d i = = o h rules to implement the provisions of this section, and the rules l ] b ,d i a º e shall be matters of public record.
The corrections department shall promulgate rules to implement the provisions of this section, and the rules shall be matters of public record.
A concise summary of the r i = r t e w d m a n o rules shall be provided to each prisoner, and each prisoner d m :
A concise summary of the rules shall be provided to each prisoner, and each prisoner shall receive a statement of the meritorious deductions earned upon initial award, if additional awards are given, if meritorious deductions are lost and upon request.
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 17 - e a n e d r e l u [ A d shall receive a [quarterly] statement of the meritorious deductions earned upon initial award, if additional awards are given, if meritorious deductions are lost and upon request.
K.
[I.] K.
All decisions regarding the award and forfeiture of meritorious deductions at such facility are subject to final approval by the director of the adult institutions division of the corrections department or the director's designee.
All decisions regarding the award and forfeiture of SB 375 Page 15 meritorious deductions at such facility are subject to final approval by the director of the adult institutions division of the corrections department or the director's designee.
[J.] L.
L.
If a h federal or out-of-state correctional facility does not have g o t hr programs available for a prisoner, the prisoner may be awarded g e i k meritorious deductions at the rate the prisoner could have h r i s earned meritorious deductions if the prisoner had actively h , t, participated in programs.
If a federal or out-of-state correctional facility does not have programs available for a prisoner, the prisoner may be awarded meritorious deductions at the rate the prisoner could have earned meritorious deductions if the prisoner had actively participated in programs.
e u g e b l e e h [K.] M.
M.
A prisoner confined in a correctional n d d i = = o h facility in New Mexico that is operated by a private company, l ] b ,d i a º e pursuant to a contract with the corrections department, is r i = r t e w d m a n o eligible to earn meritorious deductions in the same manner as a d m :
A prisoner confined in a correctional facility in New Mexico that is operated by a private company, pursuant to a contract with the corrections department, is eligible to earn meritorious deductions in the same manner as a prisoner confined in a state-run correctional facility.
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 18 - e a n e d r e l u [ A d prisoner confined in a state-run correctional facility.
[L.] N.
N.
(2) "program" means work, vocational, educational, substance abuse and mental health programs, approved by the classification supervisor, that contribute to a prisoner's self-betterment through the development of personal and occupational skills.
(2) "program" means work, vocational, SB 375 Page 16 educational, substance abuse and mental health programs, approved by the classification supervisor, that contribute to a prisoner's self-betterment through the development of personal and occupational skills.
and h (4) "serious violent offense" means:
and (4) "serious violent offense" means:
g o t hr (a) second degree murder, as provided in g e i k Section 30-2-1 NMSA 1978;
(a) second degree murder, as provided in Section 30-2-1 NMSA 1978;
h r i s (b) voluntary manslaughter, as provided h , t, in Section 30-2-3 NMSA 1978;
(b) voluntary manslaughter, as provided in Section 30-2-3 NMSA 1978;
e u g e b l e e h (c) third degree aggravated battery, as n d d i = = o h provided in Section 30-3-5 NMSA 1978;
(c) third degree aggravated battery, as provided in Section 30-3-5 NMSA 1978;
l ] b ,d i a º e (d) third degree aggravated battery r i = r t e w d m a n o against a household member, as provided in Section 30-3-16 NMSA d m :
(d) third degree aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978;
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 19 - e a n e d r e l u [ A d 1978;
(h) first and second degree robbery, as provided in Section 30-16-2 NMSA 1978;
(h) first and second degree robbery, SB 375 Page 17 as provided in Section 30-16-2 NMSA 1978;
h (l) aggravated battery upon a peace g o t hr officer, as provided in Section 30-22-25 NMSA 1978;
(l) aggravated battery upon a peace officer, as provided in Section 30-22-25 NMSA 1978;
g e i k (m) assault with intent to commit a h r i s violent felony upon a peace officer, as provided in Section h , t, 30-22-23 NMSA 1978;
(m) assault with intent to commit a violent felony upon a peace officer, as provided in Section 30-22-23 NMSA 1978;
e u g e b l e e h (n) aggravated assault upon a peace n d d i = = o h officer, as provided in Section 30-22-22 NMSA 1978;
(n) aggravated assault upon a peace officer, as provided in Section 30-22-22 NMSA 1978;
or l ] b ,d i a º e (o) any of the following offenses, when r i = r t e w d m a n o the nature of the offense and the resulting harm are such that d m :
or (o) any of the following offenses, when the nature of the offense and the resulting harm are such that the court judges the crime to be a serious violent offense for the purpose of this section:
b e d s º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 20 - e a n e d r e l u [ A d the court judges the crime to be a serious violent offense for the purpose of this section:
5) third degree assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978;
5) third degree assault against a household member with intent to commit a violent SB 375 Page 18 felony, as provided in Section 30-3-14 NMSA 1978;
10) third degree dangerous use of explosives, as provided h in Section 30-7-5 NMSA 1978;
10) third degree dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;
11) third and fourth degree u » r criminal sexual penetration, as provided in Section 30-9-11 NMSA t h g e l i 1978;
11) third and fourth degree criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
12) fourth degree criminal sexual contact of a minor, as h r i s provided in Section 30-9-13 NMSA 1978;
12) fourth degree criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978;
13) third degree robbery, h , e h as provided in Section 30-16-2 NMSA 1978;
13) third degree robbery, as provided in Section 30-16-2 NMSA 1978;
14) third degree t u g e b l e e , gh homicide by vehicle or great bodily harm by vehicle, as provided n d d i = = o h in Section 66-8-101 NMSA 1978;
14) third degree homicide by vehicle or great bodily harm by vehicle, as provided in Section 66-8-101 NMSA 1978;
or 15) battery upon a peace l ] b ,d i a º r officer, as provided in Section 30-22-24 NMSA 1978.
or 15) battery upon a peace officer, as provided in Section 30-22-24 NMSA 1978.
e r = t e w d m a n o [M.] O.
O.
Except for sex offenders, as provided in d m :
Except for sex offenders, as provided in Section 31-21-10.1 NMSA 1978, an offender sentenced to confinement in a correctional facility designated by the corrections department who has been released from confinement and who is serving a parole term may be awarded earned meritorious deductions of up to thirty days per month upon recommendation of the parole officer supervising the offender, with the final approval of the adult parole board.
b r e t º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e - 21 - e a n e d r e l u [ A d Section 31-21-10.1 NMSA 1978, an offender sentenced to confinement in a correctional facility designated by the corrections department who has been released from confinement and who is serving a parole term may be awarded earned meritorious deductions of up to thirty days per month upon recommendation of the parole officer supervising the offender, with the final approval of the adult parole board.
The offender must be in compliance with all the conditions of the SB 375 Page 19 offender's parole to be eligible for earned meritorious deductions.
The offender must be in compliance with all the conditions of the offender's parole to be eligible for earned meritorious deductions.
h This subsection applies to offenders who are serving a parole u » r term on or after July 1, 2004." t h g e l i - 22 - h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
This subsection applies to offenders who are serving a parole term on or after July 1, 2004." SB 375 Page 20 25
b r e t º o t n = .230580.2SAAIC March 20, 2025 (11:16pm) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. Senate concurred in House amendments

  3. passed House

  4. DO PASS, as amended, committee report adopted

  5. Sent to House Judiciary Committee

  6. passed Senate

  7. DO PASS committee report adopted

  8. DO PASS committee report adopted

  9. Sent to Senate Judiciary Committee & Senate Finance Committee

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 111 not signed on · 18 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

house passage

Passed 58 Yea · 7 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 36004
Republican 17601
Unaffiliated 5100
Total 58705
% of votes cast 83%10%0%7%
How each member voted (70)
Member Party Vote
Romero, GA — Yea
De La Cruz — Yea
Hernandez J.N. — Yea
Hernandez, J.F. — Yea
Roybal Caballero — Yea
Sena Cortez — Nay
Andrea Romero Democrat Yea
Angelica Rubio Democrat Not Voting
Anita Gonzales Democrat Yea
Charlotte Little Democrat Yea
Christine Chandler Democrat Yea
Cristina Parajón Democrat Yea
Cynthia Borrego Democrat Yea
D. Wonda Johnson Democrat Yea
Dayan Hochman-Vigil Democrat Yea
Debra M. Sariñana Democrat Not Voting
Derrick J. Lente Democrat Yea
Doreen Y. Gallegos Democrat Yea
E. Diane Torres-Velásquez Democrat Yea
Eleanor Chávez Democrat Not Voting
Elizabeth "Liz" Thomson Democrat Yea
Janelle Anyanonu Democrat Yea
Javier Martínez Democrat Yea
Joanne J. Ferrary Democrat Yea
Joseph Sanchez Democrat Yea
Joy Garratt Democrat Yea
Kathleen Cates Democrat Yea
Kristina Ortez Democrat Yea
Linda Serrato Democrat Yea
Marian Matthews Democrat Yea
Marianna Anaya Democrat Yea
Martha Garcia Democrat Yea
Matthew McQueen Democrat Yea
Meredith A. Dixon Democrat Yea
Micaela Lara Cadena Democrat Not Voting
Michelle Paulene Abeyta Democrat Yea
Miguel P. García Democrat Yea
Nathan P. Small Democrat Yea
Pamelya Herndon Democrat Yea
Patricia A. Lundstrom Democrat Yea
Raymundo Lara Democrat Yea
Reena Szczepanski Democrat Yea
Sarah Silva Democrat Yea
Susan K. Herrera Democrat Yea
Tara L. Lujan Democrat Yea
Yanira Gurrola Democrat Yea
Alan T. Martinez Republican Yea
Andrea Reeb Republican Yea
Angelita Mejia Republican Nay
Brian G. Baca Republican Yea
Catherine J. Cullen Republican Yea
Cathrynn N. Brown Republican Nay
Gail Armstrong Republican Yea
Harlan Vincent Republican Nay
Jack Chatfield Republican Yea
Jenifer Jones Republican Yea
Jimmy G. Mason Republican Nay
John Block Republican Nay
Jonathan A. Henry Republican Yea
Luis M. Terrazas Republican Yea
Mark B. Murphy Republican Yea
Mark Duncan Republican Yea
Martin R. Zamora Republican Yea
Nicole Chavez Republican Yea
Randall T. Pettigrew Republican Nay
Rebecca Dow Republican Yea
Rod Montoya Republican Yea
Stefani Lord Republican Not Voting
Tanya Mirabal Moya Republican Yea
William A. Hall II Republican Yea

Official roll call →

senate passage

Passed 25 Yea · 11 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 21004
Unaffiliated 1001
Republican 31101
Total 251106
% of votes cast 60%26%0%14%
How each member voted (42)
Member Party Vote
SEDILLO-LOPEZ — Yea
PAUL — Not Voting
Angel M. Charley Democrat Yea
Antoinette Sedillo Lopez Democrat Not Voting
Antonio Maestas Democrat Yea
Benny Shendo, Jr. Democrat Yea
Carrie Hamblen Democrat Not Voting
Cindy Nava Democrat Yea
Elizabeth "Liz" Stefanics Democrat Yea
George K. Muñoz Democrat Yea
Harold Pope Democrat Yea
Heather Berghmans Democrat Not Voting
Jeff Steinborn Democrat Yea
Joseph Cervantes Democrat Yea
Katy Duhigg Democrat Yea
Leo Jaramillo Democrat Yea
Linda M. Trujillo Democrat Yea
Martin Hickey Democrat Yea
Micaelita Debbie O'Malley Democrat Yea
Michael Padilla Democrat Yea
Mimi Stewart Democrat Yea
Natalie Figueroa Democrat Yea
Pete Campos Democrat Yea
Peter Wirth Democrat Yea
Roberto "Bobby" J. Gonzales Democrat Yea
Shannon D. Pinto Democrat Not Voting
William P. Soules Democrat Yea
Anthony L. Thornton Republican Nay
Candy Spence Ezzell Republican Nay
Craig W. Brandt Republican Nay
Crystal Brantley Republican Nay
David M. Gallegos Republican Nay
Gabriel Ramos Republican Nay
James G. Townsend Republican Yea
Jay C. Block Republican Nay
Joshua A. Sanchez Republican Nay
Larry R. Scott Republican Nay
Nicole Tobiassen Republican Nay
Pat Boone Republican Not Voting
Pat Woods Republican Yea
Steve D. Lanier Republican Nay
William E. Sharer Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

Who sponsors SB 375?
SB 375 is sponsored by Antonio Maestas (Democrat).
What is the current status of SB 375?
This bill has been enacted into law. Introduced February 12, 2025. Enacted.
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