N.M. Stat. » N.M. Stat. / Chapter 33 / Article 2
New Mexico Statutes

N.M. Stat. § 33-2-45 (2026)

Inmate-release program; visitation privileges.

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The superintendent [warden] may authorize any prisoner volunteering for the
inmate-release program to visit specifically designated places for a period not
exceeding thirty days and to return to the penitentiary. This extension of the limits of
confinement may be granted only for the purpose of contacting prospective employers,
attendance at job or school interviews or any other reason consistent with pre-parole
analysis and parole prediction, the inmate-release program and the public interest.

History: 1953 Comp., § 42-1-80, enacted by Laws 1969, ch. 166, § 3; 1971, ch. 281, §
2.

                                    ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law.

See notes to 33-2-16 NMSA 1978.

Prisoner release programs. — Prisoner release programs, developed by local jails,
are not subject to the 30-day limitation of this section. State v. Frost, 2003-NMCA-002,
133 N.M. 45, 60 P.3d 492, cert. denied, 133 N.M. 126, 61 P.3d 835.
Notes of Decisions
Cited in 3 cases, 1996–2019 · leading case: State v. Grubb, 2020-NMCA-003, 455 P.3d 877.
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State v. Grubb, 2020-NMCA-003, 455 P.3d 877. · cites it 6× “; Section 33-2-44 (allowing for release “to work at paid employment in private business or in public employment, or to attend a school”); Section 33-2-45 (allowing for release to contact prospective employers, attend job or school interviews, or for “any other reason consistent…”
State v. Frost, 2003-NMCA-002, 60 P.3d 492. · cites it 6× “Additionally, the State argues that NMSA 1978, § 33-2-45 (1971) limits the time an inmate can be off jail premises to thirty days and, therefore, a six-month EMP is contrary to statute.”
Benavidez v. Sierra Blanca Motors, 922 P.2d 1205 (N.M. 1996). · cites it 2× “The Legislature has specifically described the work relationship between work-release prisoners and the private businesses that engage them as “employment,” Sections 33-2-43, -44, -47, and the entities procuring prison labor as “employers,” Section 33-2-45. The New Mexico…”
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