The superintendent [warden] may, under the inmate-release program and at the request of a prisoner, extend the limits of confinement beyond the penitentiary by authorizing the prisoner to work at paid employment in private business or in public employment, or to attend a school while continuing as a prisoner, if the prisoner:

1. A. is a trusty or a minimum-custody inmate;
2. B. has physical and mental ability to fully perform the proposed assignment consistent with his capacities and free from any outpatient care that would interfere with full performance;
3. C. is not afflicted with any serious emotional or personality defect;
4. D. has not been convicted of a crime involving assaultive sexual conduct nor violence to a child, nor has been linked with organized criminal activity; and
5. E. would not, in the opinion of the superintendent, be likely to evoke an adverse public reaction by his presence in the community.

History: 1953 Comp., § 42-1-79, enacted by Laws 1969, ch. 166, § 2; 1971, ch. 281, § 1.

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.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Denial of state prisoner's application for, or revocation of, participation in work or study release program or furlough program as actionable under Civil Rights Act of 1871 (42 USCS § 1983), 55 A.L.R. Fed. 208.