New Mexico Statutes

N.M. Stat. § 33-2-34 (2026)

Eligibility for earned meritorious deductions.

✓ current as of May 2026

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A. 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.

   B. 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.

   C. Meritorious deductions shall not exceed the following amounts:

      (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, thirty days per
month; and

      (3)    for a prisoner confined following revocation of parole, meritorious
deductions will be awarded commensurate with the classification of the offense.

   D. 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 those approved
programs. A prisoner may not lose meritorious deductions unless the recommendation
of the classification supervisor is approved by the warden or the warden's designee.

   E. 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.

   F. A prisoner confined in a correctional facility designated by the corrections
department is eligible for lump-sum meritorious deductions as follows:

       (1)    for successfully completing an approved vocational, substance abuse or
mental health program, thirty days; 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;

        (2)   for earning a high school equivalency credential, ninety days;

        (3)   for earning an associate's degree, one hundred twenty days;

        (4)   for earning a bachelor's degree, one hundred fifty days;

        (5)   for earning a graduate qualification, 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 program assignments that demonstrates the prisoner's
commitment to self-rehabilitation. 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.

   G. 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. Lump-sum meritorious deductions shall not
exceed one year per award and shall not exceed a total of one year for all lump-sum
meritorious deductions awarded in any consecutive twelve-month period.

   H. A prisoner may lose meritorious deductions if the prisoner:

        (1)   disobeys an order to perform labor, pursuant to Section 33-8-4 NMSA
1978;

        (2)   is in disciplinary segregation;
       (3)     is confined for committing a serious violent offense and is within the first
sixty days of receipt by the corrections department; or

       (4)    is not an active participant in programs recommended and approved for
the prisoner by the classification supervisor.

   I. 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.

    J. 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
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.

    K. A New Mexico prisoner confined in a federal or out-of-state correctional facility is
eligible to earn meritorious deductions for active participation in programs on the basis
of the prisoner's conduct and program reports furnished by that facility to the corrections
department. 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.

    L. In order to be eligible for meritorious deductions, a prisoner confined in a federal
or out-of-state correctional facility designated by the corrections department must
actively participate in programs that are available. 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.

    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. All decisions regarding the award or forfeiture of meritorious
deductions at such facilities are subject to final approval by the director of the adult
institutions division of the corrections department or the director's designee.

   N. As used in this section:

     (1)     "active participant" means a prisoner who has begun, and is regularly
engaged in, approved programs;

      (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.
"Program" does not include recreational activities;
      (3)    "nonviolent offense" means any offense other than a serious violent
offense; and

        (4)      "serious violent offense" means:

              (a) second degree murder, as provided in Section 30-2-1 NMSA 1978;

              (b) voluntary manslaughter, as provided in Section 30-2-3 NMSA 1978;

              (c) third degree aggravated battery, as provided in Section 30-3-5 NMSA
1978;

          (d) third degree aggravated battery against a household member, as provided
in Section 30-3-16 NMSA 1978;

              (e) first degree kidnapping, as provided in Section 30-4-1 NMSA 1978;

          (f) first and second degree criminal sexual penetration, as provided in
Section 30-9-11 NMSA 1978;

          (g) second and third degree criminal sexual contact of a minor, as provided in
Section 30-9-13 NMSA 1978;

              (h) first and second degree robbery, as provided in Section 30-16-2 NMSA
1978;

              (i) second degree aggravated arson, as provided in Section 30-17-6 NMSA
1978;

       (j) shooting at a dwelling or occupied building, as provided in Section 30-3-8
NMSA 1978;

              (k) shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA
1978;

       (l) aggravated battery upon a peace officer, as provided in Section 30-22-25
NMSA 1978;

          (m) assault with intent to commit a violent felony upon a peace officer, as
provided in Section 30-22-23 NMSA 1978;

       (n) aggravated assault upon a peace officer, as provided in Section 30-22-22
NMSA 1978; 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: 1) involuntary manslaughter, as provided in Section 30-
2-3 NMSA 1978; 2) fourth degree aggravated assault, as provided in Section 30-3-2
NMSA 1978; 3) third degree assault with intent to commit a violent felony, as provided
in Section 30-3-3 NMSA 1978; 4) fourth degree aggravated assault against a household
member, as provided in Section 30-3-13 NMSA 1978; 5) third degree assault against a
household member with intent to commit a violent felony, as provided in Section 30-3-
14 NMSA 1978; 6) third and fourth degree aggravated stalking, as provided in Section

Notes of Decisions

Cited in 153 cases (52 in the last 5 years), 1983–2026 · leading case: State v. Tafoya, 237 P.3d 693 (N.M. 2010).

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State v. Tafoya, 237 P.3d 693 (N.M. 2010). · cites it 86× “Defendant appeals the limitation on his good time credit eligibility, arguing that it violates the legislative enactment of the prison good time credit scheme, the Earned Meritorious Deductions Act ("EMDA"), NMSA 1978, Section 33-2-34 (2006). {2} The EMDA governs the eligibility…”

State v. Morales, 39 P.3d 747 (N.M. Ct. App. 2001). · cites it 48× “{1} This case raises issues concerning the meaning of, and procedures to be applied under, NMSA 1978, § 33-2-34 (1999), which is known as New Mexico's Earned Meritorious Deductions Act (EMDA).”

Compton v. Lytle, 81 P.3d 39 (N.M. 2003). · cites it 46× “” NMSA 1978, § 33-2-34(0 (1981, prior to amendments through 1988, repealed 1999).”

State v. Rudolfo, 187 P.3d 170 (N.M. 2008). · cites it 23× “sed on that same predicate felony constituted double jeopardy; (2) that the district court erroneously refused a requested self-defense instruction; (3) that there was insufficient evidence to support his conviction for tampering with evidence; and (4) that the district court…”

State v. Loretto, 147 P.3d 1138 (N.M. Ct. App. 2006). · cites it 29× “' See NMSA 1978, § 33-2-34(A) (1999) (amended 2006) (explaining the thirty-day maximum credit for a nonviolent offense and the maximum of a four-day credit per month if the crime is a serious violent offense); NMSA 1978, §§ 33-2-36 to -38 (1999) (amended 2006).”

State v. Solano, 215 P.3d 769 (N.M. Ct. App. 2009). · cites it 26× “{1} Defendant challenges the district court’s designation of his conviction for third degree vehicular homicide as a serious violent offense for the purposes of the Earned Meritorious Deductions Act (the EMDA), NMSA 1978, § 33-2-34 (2004) (amended 2006).”

State v. Bennett, 82 P.3d 72 (N.M. Ct. App. 2003). · cites it 25× “The district court’s authority to classify Defendant as a serious violent offender derives from Section 33-2-34, and our construction of this statute for the district court’s authority in this case is an issue we analyze de novo as a matter of law.”

State v. Aqui, 721 P.2d 771 (N.M. 1986). · cites it 30× “XIV, § 1, compel the granting of good time credits to defendants for the periods of their presentence confinement, where persons convicted and sentenced are eligible for good time credits for periods served in correctional institutions and county jails pursuant to NMSA 1978,…”

State v. Cates, 523 P.3d 570 (N.M. 2022). · cites it 48× “We consider whether the district court erred by concluding that Defendant, a serious youthful offender serving less than life imprisonment, is eligible to earn meritorious deductions under the Earned Meritorious Deductions Act (EMDA), NMSA 1978, § 33-2-34 (2015).”

State v. Andazola, 82 P.3d 77 (N.M. Ct. App. 2003). · cites it 12× “NMSA 1978, § 33-2-34 (1999) (the EMDA). We affirm.”

State v. Houidobre, 2025 NMSC 007 (N.M. 2024). · cites it 37× “NMSA 1978, § 33-2-34 (2015); see Miller v.”

State v. Branch, 417 P.3d 1141 (N.M. Ct. App. 2018). · cites it 8× “See NMSA 1978, § 33-2-34(A)(1) (2006, amended 2015).”

Show all 153 citing cases →

— N.M. Stat. § 33-2-34(0) — 2 cases

Compton v. Lytle, 81 P.3d 39 (N.M. 2003). “” NMSA 1978, § 33-2-34(0 (1981, prior to amendments through 1988, repealed 1999).”

Brooks v. Shanks, 885 P.2d 637 (N.M. 1994).

— N.M. Stat. § 33-2-34(A) — 29 cases

State v. Aqui, 721 P.2d 771 (N.M. 1986). “XIV, § 1, compel the granting of good time credits to defendants for the periods of their presentence confinement, where persons convicted and sentenced are eligible for good time credits for periods served in correctional institutions and county jails pursuant to NMSA 1978,…”

Compton v. Lytle, 81 P.3d 39 (N.M. 2003). “” NMSA 1978, § 33-2-34(0 (1981, prior to amendments through 1988, repealed 1999).”

State v. Maestas, 2007 NMSC 1 (N.M. 2006).

Ira v. Janecka, 419 P.3d 161 (N.M. 2018).

State v. Salazar, 136 P.3d 1013 (N.M. Ct. App. 2006).

— N.M. Stat. § 33-2-34(A)(1) — 30 cases

State v. Tafoya, 237 P.3d 693 (N.M. 2010). “Defendant appeals the limitation on his good time credit eligibility, arguing that it violates the legislative enactment of the prison good time credit scheme, the Earned Meritorious Deductions Act ("EMDA"), NMSA 1978, Section 33-2-34 (2006). {2} The EMDA governs the eligibility…”

State v. Branch, 417 P.3d 1141 (N.M. Ct. App. 2018). “See NMSA 1978, § 33-2-34(A)(1) (2006, amended 2015).”

State v. Branch, 2016 NMCA 071 (N.M. Ct. App. 2016).

State v. Rudolfo, 187 P.3d 170 (N.M. 2008). “sed on that same predicate felony constituted double jeopardy; (2) that the district court erroneously refused a requested self-defense instruction; (3) that there was insufficient evidence to support his conviction for tampering with evidence; and (4) that the district court…”

State v. Andazola, 82 P.3d 77 (N.M. Ct. App. 2003). “NMSA 1978, § 33-2-34 (1999) (the EMDA). We affirm.”

— N.M. Stat. § 33-2-34(A)(2) — 16 cases

State v. Morales, 39 P.3d 747 (N.M. Ct. App. 2001). “{1} This case raises issues concerning the meaning of, and procedures to be applied under, NMSA 1978, § 33-2-34 (1999), which is known as New Mexico's Earned Meritorious Deductions Act (EMDA).”

State v. Solano, 215 P.3d 769 (N.M. Ct. App. 2009). “{1} Defendant challenges the district court’s designation of his conviction for third degree vehicular homicide as a serious violent offense for the purposes of the Earned Meritorious Deductions Act (the EMDA), NMSA 1978, § 33-2-34 (2004) (amended 2006).”

State v. Cates, 523 P.3d 570 (N.M. 2022). “We consider whether the district court erred by concluding that Defendant, a serious youthful offender serving less than life imprisonment, is eligible to earn meritorious deductions under the Earned Meritorious Deductions Act (EMDA), NMSA 1978, § 33-2-34 (2015).”

— N.M. Stat. § 33-2-34(A)(3) — 2 cases

Vallejos v. Marquez, 176 P.3d 1089 (N.M. 2007).

State v. Billie (N.M. Ct. App. 2021).

— N.M. Stat. § 33-2-34(A)(4) — 1 case

State v. Ledesma-Lozano (N.M. Ct. App. 2024).

— N.M. Stat. § 33-2-34(A)(4)(a) — 1 case

Vallejos v. Marquez, 176 P.3d 1089 (N.M. 2007).

— N.M. Stat. § 33-2-34(A)(l) — 15 cases

State v. Wildgrube, 75 P.3d 862 (N.M. Ct. App. 2003).

State v. Andazola, 82 P.3d 77 (N.M. Ct. App. 2003). “NMSA 1978, § 33-2-34 (1999) (the EMDA). We affirm.”

State v. Salazar, 136 P.3d 1013 (N.M. Ct. App. 2006).

State v. Jones, 229 P.3d 474 (N.M. 2010).

— N.M. Stat. § 33-2-34(B) — 12 cases

State v. Houidobre, 2025 NMSC 007 (N.M. 2024). “NMSA 1978, § 33-2-34 (2015); see Miller v.”

State v. Bryant, 525 P.3d 367 (N.M. Ct. App. 2022).

State v. Houidobre (N.M. 2024).

— N.M. Stat. § 33-2-34(C) — 1 case

Brooks v. Shanks, 885 P.2d 637 (N.M. 1994).

— N.M. Stat. § 33-2-34(D) — 6 cases

State v. Swayne (N.M. 2025).

Martin v. Franco (D.N.M. 2021).

State v. Cates (N.M. 2022).

— N.M. Stat. § 33-2-34(D)(1) — 2 cases

State v. Houidobre, 2025 NMSC 007 (N.M. 2024). “NMSA 1978, § 33-2-34 (2015); see Miller v.”

State v. Houidobre (N.M. 2024).

— N.M. Stat. § 33-2-34(D)(2) — 2 cases

State v. Houidobre (N.M. 2024).

State v. Swayne (N.M. 2025).

— N.M. Stat. § 33-2-34(D)(3) — 2 cases

State v. Swayne (N.M. 2025).

Green v. Martinez (10th Cir. 2024).

— N.M. Stat. § 33-2-34(E) — 4 cases

State v. Houidobre, 2025 NMSC 007 (N.M. 2024). “NMSA 1978, § 33-2-34 (2015); see Miller v.”

State v. Swayne (N.M. 2025).

State v. Houidobre (N.M. 2024).

Boulden v. Tafoya Lucero (D.N.M. 2025).

— N.M. Stat. § 33-2-34(F) — 7 cases

State v. Houidobre, 2025 NMSC 007 (N.M. 2024). “NMSA 1978, § 33-2-34 (2015); see Miller v.”

State v. Montano, 517 P.3d 267 (N.M. Ct. App. 2022).

State v. Ortiz, 2015 NMCA 020 (N.M. Ct. App. 2015).

State v. Houidobre (N.M. 2024).

State v. Montano (N.M. Ct. App. 2022).

— N.M. Stat. § 33-2-34(F)(1) — 2 cases

State v. Houidobre, 2025 NMSC 007 (N.M. 2024). “NMSA 1978, § 33-2-34 (2015); see Miller v.”

State v. Houidobre (N.M. 2024).

— N.M. Stat. § 33-2-34(F)(2) — 1 case

Garcia v. Dorsey, 149 P.3d 62 (N.M. 2006).

— N.M. Stat. § 33-2-34(F)(3) — 1 case

State v. Janet (N.M. Ct. App. 2021).

— N.M. Stat. § 33-2-34(F)(4) — 1 case

Helfferich v. State of New Mexico (D.N.M. 2022).

— N.M. Stat. § 33-2-34(G) — 10 cases

Compton v. Lytle, 81 P.3d 39 (N.M. 2003). “” NMSA 1978, § 33-2-34(0 (1981, prior to amendments through 1988, repealed 1999).”

State v. Montano, 557 P.3d 86 (N.M. 2024).

— N.M. Stat. § 33-2-34(H) — 3 cases

State v. Houidobre, 2025 NMSC 007 (N.M. 2024). “NMSA 1978, § 33-2-34 (2015); see Miller v.”

State v. Swayne (N.M. 2025).

State v. Houidobre (N.M. 2024).

— N.M. Stat. § 33-2-34(K) — 2 cases

State v. Houidobre, 2025 NMSC 007 (N.M. 2024). “NMSA 1978, § 33-2-34 (2015); see Miller v.”

State v. Houidobre (N.M. 2024).

— N.M. Stat. § 33-2-34(L) — 5 cases

State v. Montano, 517 P.3d 267 (N.M. Ct. App. 2022).

State v. Tafoya (N.M. 2021).

State v. Nowell (N.M. Ct. App. 2025).

State v. Montano (N.M. Ct. App. 2022).

— N.M. Stat. § 33-2-34(L)(3) — 10 cases

State v. McDonald, 99 P.3d 667 (N.M. 2004).

— N.M. Stat. § 33-2-34(L)(4) — 23 cases

State v. Bennett, 82 P.3d 72 (N.M. Ct. App. 2003). “The district court’s authority to classify Defendant as a serious violent offender derives from Section 33-2-34, and our construction of this statute for the district court’s authority in this case is an issue we analyze de novo as a matter of law.”

State v. McDonald, 99 P.3d 667 (N.M. 2004).

State v. Melendrez, 2014 NMCA 62 (N.M. Ct. App. 2014).

— N.M. Stat. § 33-2-34(L)(4)(a) — 20 cases

State v. McDonald, 99 P.3d 667 (N.M. 2004).

— N.M. Stat. § 33-2-34(L)(4)(a)(m) — 1 case

— N.M. Stat. § 33-2-34(L)(4)(c) — 3 cases

State v. Andazola, 82 P.3d 77 (N.M. Ct. App. 2003). “NMSA 1978, § 33-2-34 (1999) (the EMDA). We affirm.”

State v. Janet (N.M. Ct. App. 2021).

— N.M. Stat. § 33-2-34(L)(4)(e) — 1 case

State v. Andazola, 82 P.3d 77 (N.M. Ct. App. 2003). “NMSA 1978, § 33-2-34 (1999) (the EMDA). We affirm.”

— N.M. Stat. § 33-2-34(L)(4)(g) — 2 cases

State v. McDonald, 79 P.3d 830 (N.M. Ct. App. 2003).

State v. Bau (N.M. Ct. App. 2010).

— N.M. Stat. § 33-2-34(L)(4)(j) — 1 case

State v. Flores, 2005 NMCA 092 (N.M. Ct. App. 2005).

— N.M. Stat. § 33-2-34(L)(4)(k) — 1 case

— N.M. Stat. § 33-2-34(L)(4)(n) — 17 cases

State v. Loretto, 147 P.3d 1138 (N.M. Ct. App. 2006). “' See NMSA 1978, § 33-2-34(A) (1999) (amended 2006) (explaining the thirty-day maximum credit for a nonviolent offense and the maximum of a four-day credit per month if the crime is a serious violent offense); NMSA 1978, §§ 33-2-36 to -38 (1999) (amended 2006).”

State v. Montoya, 2005 NMCA 78 (N.M. Ct. App. 2005).

State v. Schoonmaker, 105 P.3d 302 (N.M. Ct. App. 2005).

State v. Cooley, 82 P.3d 84 (N.M. Ct. App. 2003).

— N.M. Stat. § 33-2-34(L)(4)(n)(12) — 1 case

State v. Montano (N.M. 2024).

— N.M. Stat. § 33-2-34(L)(4)(n)(1999) — 1 case

State v. Abril, 76 P.3d 644 (N.M. Ct. App. 2003).

— N.M. Stat. § 33-2-34(L)(4)(o) — 37 cases

State v. Branch, 417 P.3d 1141 (N.M. Ct. App. 2018). “See NMSA 1978, § 33-2-34(A)(1) (2006, amended 2015).”

State v. Montano, 557 P.3d 86 (N.M. 2024).

— N.M. Stat. § 33-2-34(L)(4)(o)(11) — 2 cases

State v. Ledesma-Lozano (N.M. Ct. App. 2024).

McPherson v. Martinez (D.N.M. 2020).

— N.M. Stat. § 33-2-34(L)(4)(o)(12) — 1 case

State v. Farrell (N.M. Ct. App. 2010).

— N.M. Stat. § 33-2-34(L)(4)(o)(13) — 2 cases

State v. Banks (N.M. Ct. App. 2020).

State v. Irvin (N.M. Ct. App. 2015).

— N.M. Stat. § 33-2-34(L)(4)(o)(14) — 10 cases

State v. Montano, 557 P.3d 86 (N.M. 2024).

State v. Montano, 517 P.3d 267 (N.M. Ct. App. 2022).

State v. Melendrez, 2014 NMCA 62 (N.M. Ct. App. 2014).

State v. Melendrez, 2014 NMCA 062 (N.M. Ct. App. 2014).

— N.M. Stat. § 33-2-34(L)(4)(o)(15) — 1 case

State v. Crespin (N.M. Ct. App. 2025).

— N.M. Stat. § 33-2-34(L)(4)(o)(6) — 1 case

State v. Nowell (N.M. Ct. App. 2025).

— N.M. Stat. § 33-2-34(L)(4)(o)(7) — 2 cases

State v. Munoz (N.M. Ct. App. 2014).

State v. C Salles (N.M. Ct. App. 2009).

— N.M. Stat. § 33-2-34(L)(4)(o)(8) — 1 case

State v. Alonzo (N.M. Ct. App. 2024).

— N.M. Stat. § 33-2-34(L)(4)(o)(9) — 3 cases

State v. Tafoya (N.M. Ct. App. 2019).

State v. Consaul (N.M. Ct. App. 2011).

State v. Consaul (N.M. Ct. App. 2012).

— N.M. Stat. § 33-2-34(L)(o) — 1 case

State v. Groves (N.M. Ct. App. 2023).

— N.M. Stat. § 33-2-34(M) — 3 cases

Garcia v. Dorsey, 149 P.3d 62 (N.M. 2006).

Martin v. Franco (D.N.M. 2021).

— N.M. Stat. § 33-2-34(n) — 1 case

State v. McDonald, 99 P.3d 667 (N.M. 2004).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.