Section 31-18-1 to 31-18-11 – Repealed.
ANNOTATIONS Repeals. — Laws 1977, ch. 216, § 17, repealed 40A-29-1 to 40A-29-3.1, 40A-29-5 to 49A-29-11, 1953 Comp. (31-18-1 to 31-18-11 NMSA 1978), relating to sentencing of offenders.
Section 31-18-12 – Short title.
Chapter 31, Article 18 NMSA 1978 may be cited as the “Criminal Sentencing Act”. History: 1953 Comp., § 40A-29-26, enacted by Laws 1977, ch. 216, § 1; 1994, ch. 24, § 1. ANNOTATIONS The 1994 amendment, effective July 1, 1994, substituted “Chapter 31, Article 18 NMSA 1978” for “The provisions of Sections 40A-29-26 through 40A-29-34 […]
Section 31-18-13 – Sentencing authority; all crimes.
A. Unless otherwise provided in this section, all persons convicted of a crime under the laws of New Mexico shall be sentenced in accordance with the provisions of the Criminal Sentencing Act; provided, that a person sentenced as a serious youthful offender or as a youthful offender may be sentenced to less than the basic […]
Section 31-18-14 – Sentencing authority; capital felonies.
When a defendant has been convicted of a capital felony, the defendant shall be sentenced to life imprisonment or life imprisonment without possibility of release or parole. History: 1978 Comp., § 31-18-14, enacted by Laws 1979, ch. 150, § 1; 1993, ch. 77, § 5; 2009, ch. 11, § 1. ANNOTATIONS Repeals and reenactments. — […]
Section 31-18-14.1 – Repealed.
History: 1978 Comp., § 31-18-14.1, enacted by Laws 2001, ch. 128, § 1; repealed by Laws 2009, ch. 11, § 5. ANNOTATIONS Repeals. — Laws 2009, ch. 11, § 5 repealed 31-18-14.1 NMSA 1978, as enacted by Laws 2001, ch. 128, § 1, relating to capital felony sentencing hearings and explanations by court to the […]
Section 31-18-15 – Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions.
A. If a person is convicted of a noncapital felony, the basic sentence of imprisonment is as follows: (1) for a first degree felony resulting in the death of a child, life imprisonment; (2) for a first degree felony for aggravated criminal sexual penetration, life imprisonment; (3) for a first degree felony, eighteen years imprisonment; […]
Section 31-18-15.1 – Alteration of basic sentence; mitigating or aggravating circumstances; procedure.
A. The court shall hold a sentencing hearing to determine if mitigating or aggravating circumstances exist and take whatever evidence or statements it deems will aid it in reaching a decision to alter a basic sentence. The judge may alter the basic sentence as prescribed in Section 31-18-15 NMSA 1978 upon: (1) a finding by […]
Section 31-18-15.2 – Definitions.
As used in the Criminal Sentencing Act: A. “serious youthful offender” means an individual fifteen to eighteen years of age who is charged with and indicted or bound over for trial for first degree murder; and B. “youthful offender” means a delinquent child subject to adult or juvenile sanctions who is: (1) fourteen to eighteen […]
Section 31-18-15.3 – Serious youthful offender; disposition.
A. An alleged serious youthful offender may be detained in any of the following places, prior to arraignment in metropolitan, magistrate or district court: (1) a detention facility for delinquent children, licensed by the children, youth and families department; (2) any other suitable place, other than a facility for the care and rehabilitation of delinquent […]
Section 31-18-15.4 – Felonies; public officials; enhancement of sentences.
A. When a separate finding of fact by the trier of fact shows beyond a reasonable doubt that an offender is a public official and that the felony conviction relates to, arises out of or is in connection with the offender’s holding of an elected office, the basic sentence may be increased by an additional […]
Section 31-18-16 – Brandishing of firearm; alteration of basic sentence; suspension and deferral limited.
A. When a separate finding of fact by the court or jury shows that a firearm was brandished in the commission of a noncapital felony, the basic sentence of imprisonment prescribed for the offense in Section 31-18-15 NMSA 1978 shall be increased by three years, except that when the offender is a serious youthful offender […]
Section 31-18-16.1 – Repealed.
ANNOTATIONS Repeals. — Laws 2003, ch. 384, § 6 repealed 31-18-16.1 NMSA 1978, effective July 1, 2003, relating to noncapital felonies against persons sixty years of age or older or handicapped persons; alteration of basic sentence; suspension and deferral limited. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.
Section 31-18-17 – Habitual offenders; alteration of basic sentence.
A. A person convicted of a noncapital felony in this state whether within the Criminal Code [Chapter 30 NMSA 1978] or the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] or not who has incurred one prior felony conviction that was part of a separate transaction or occurrence or conditional discharge under Section 31-20-13 […]
Section 31-18-18 – Habitual offenders; duty of public officers to report.
Whenever it becomes known to any warden or prison official or any prison, probation, parole or police officer or other peace officer that any person charged with or convicted of a noncapital felony is or may be a habitual offender, it is his duty to promptly report the facts to the district attorney of the […]
Section 31-18-19 – Habitual offender; duty of district attorney to prosecute.
If at any time, either after sentence or conviction, it appears that a person convicted of a noncapital felony is or may be a habitual offender, it is the duty of the district attorney of the district in which the present conviction was obtained to file an information charging that person as a habitual offender. […]
Section 31-18-20 – Habitual offenders; proceedings for prosecution.
A. The court wherein a person has been convicted of a noncapital felony and where that person has been charged as a habitual offender under the provisions of Section 31-18-19 NMSA 1978 shall bring the defendant before it, whether he is confined in prison or not. The court shall inform him of: (1) the allegations […]
Section 31-18-21 – Consecutive sentences; inmates and persons at large.
A. Whenever an inmate in a penal institution of this state or of any county therein is sentenced for committing any felony while he is an inmate, the sentence imposed shall be consecutive to the sentence being served, and his period of parole shall be that set according to the provisions of Section 31-21-10 NMSA […]
Section 31-18-22 – Special incarceration alternative program.
A. The corrections department shall develop and implement a special incarceration alternative program for certain adult male and adult female felony offenders pursuant to this section. The program shall provide substance abuse counseling and treatment, high school equivalency credential preparatory courses, manual labor assignments, physical training and drills, training in decision-making and personal development and […]
Section 31-18-23 – Three violent felony convictions; mandatory life imprisonment; exception.
A. When a defendant is convicted of a third violent felony, and each violent felony conviction is part of a separate transaction or occurrence, and at least the third violent felony conviction is in New Mexico, the defendant shall, in addition to the sentence imposed for the third violent conviction, be punished by a sentence […]
Section 31-18-24 – Violent felony sentencing procedure.
A. The court shall conduct a separate sentencing proceeding to determine any controverted question of fact regarding whether the defendant has been convicted of three violent felonies. Either party to the action may demand a jury trial. B. In a jury trial, the sentencing proceeding shall be conducted as soon as practicable by the original […]