As used in the Corrections Population Control Act:

1. A. "commission" means the corrections population control commission;

2. B. "female correctional facilities" means:

   1. (1) the women's correctional facility, located in Grants; and
   2. (2) any other female correctional facility so designated by the corrections department;

3. C. "male correctional facilities" means:

   1. (1) the penitentiary of New Mexico, located in Santa Fe;
   2. (2) the central New Mexico correctional facility, located in Los Lunas;
   3. (3) the southern New Mexico correctional facility, located in Las Cruces;
   4. (4) the western New Mexico correctional facility, located in Grants;
   5. (5) the Roswell correctional facility, located in Hagerman;
   6. (6) the Guadalupe county correctional facility, located in Santa Rosa;
   7. (7) the Lea county correctional facility, located in Hobbs; and
   8. (8) any other male correctional facility so designated by the corrections department;

4. D. "nonviolent offender" means:

   1. (1) a person convicted only of possession of a controlled substance, pursuant to the provisions of Section 30-31-23 NMSA 1978;
   2. (2) a person incarcerated for violating the conditions of his parole plan due to use or possession of a controlled substance whose original conviction was for commission of a nonviolent offense; or
   3. (3) an inmate designated by the commission as a nonviolent offender; provided that the offender was convicted for the commission of a nonviolent offense, as that term is defined in Subsection L [N] of Section 33-2-34 NMSA 1978; and
5. E. "rated capacity" means the actual general population bed space, including only individual cells and areas designed for the long-term housing of inmates, available in female correctional facilities or male correctional facilities as certified by the secretary of corrections and subject to applicable state and federal law.

History: Laws 2002, ch. 8, § 3.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2025, ch. 79, § 4 and Laws 2025, ch. 29, § 1 amended 33-2-34 NMSA 1978, relettering subsections, effective June 20, 2025.

Effective dates. — Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.