N.M. Code R. § 22.510.16.8
Current through Register Vol. 35, No. 16, August 27, 2024
Section 22.510.16.8 - RESCINDING PAROLEThe provisions in PB Rule 82.15 [now 22.510.16 NMAC] apply to all inmates.
A. Any inmate who has been granted a parole to the community, a consecutive sentence or a detainer, and who is found guilty of, or pleads guilty to having violated a prison rule or regulation which constitutes a misconduct report and finding of guilt after a due process hearing at the place of confinement, will be afforded a hearing before the parole board or a hearing officer designated by the board.B. The hearing contemplated in this section will be a limited hearing solely on the issue of whether the violation warrants rescission of the board's previous favorable action.C. The inmate will be permitted to present evidence he may have which is relevant to this one issue only.D. In no instances will the board relitigate the issue of guilt.E. The inmate may submit his evidence in mitigation, in writing.F. The inmate may waive the right to have this hearing, and the board will then enter its decision in accordance therewith.G. In all instances, the board will advise the inmate, in writing, of its decision.N.M. Code R. § 22.510.16.8