44th legislature - STATE OF NEW MEXICO - second session, 2000
RELATING TO PROBATION; PROVIDING THAT A DEFENDANT SHALL REMAIN ON PROBATION UNTIL HE HAS COMPLETED ALL RESTITUTION PAYMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 31-20-5 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-17, as amended) is amended to read:
"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
field services division of the] corrections department to
furnish; provided, however, 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.
Notwithstanding the provisions of this section, a defendant
shall remain on probation until he has completed all
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 him 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."