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§ 31-21-15 NMSAAdministrative Violation (not a separate criminal charge) Other

Parole Violation

Legal Definition

A person commits a parole violation when, having been released from imprisonment on parole, they fail to comply with the conditions of parole imposed by the Parole Board or engage in conduct that violates the terms of their supervised release. Violations may include committing a new criminal offense, failing to report to a parole officer, absconding from supervision, or breaching other mandatory conditions such as substance-abuse treatment or residence requirements. The Parole Board may revoke parole and return the individual to custody to serve all or part of the remaining sentence.

Possible Punishment

Parole revocation does not carry a separate sentence. Upon revocation, the individual is returned to prison to serve the remainder of the original sentence that was suspended by parole. The Parole Board determines how much of the remaining term must be served. Time spent on parole does not reduce the underlying sentence unless the individual successfully completes parole. A new criminal offense committed while on parole is charged and sentenced separately.

Local Context

Parole violation is a status-based administrative matter, not a standalone criminal offense under the New Mexico Criminal Code. It triggers a revocation hearing before the Parole Board under § 31-21-15 NMSA. If the parolee is alleged to have committed a new crime, that offense is prosecuted separately. Parole is governed by the Adult Parole Board under the Parole Board Act (§§ 31-21-1 to 31-21-17 NMSA).

Holds, Warrants, and Procedural Bookings

Not everything in a jail roster is a fresh local crime. This category covers procedural bookings: fugitive-from-justice holds for other states, probation and parole violations, courtesy holds for other agencies, and catch-all offense codes. The person may face no new Doña Ana County charge at all.

Failure-to-appear and bench-warrant bookings are the most common procedural entries in our data. They resolve through the court that issued the warrant, which is why the fastest path out usually runs through a motion to quash rather than anything that happens at the jail.

Related Guides

Recent Arrests for This Charge (14)

Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.