Section 33-9-9 - Sentencing. - New Mexico Statutes

33-9-9. Sentencing.

A.     In every case where the commitment of a person to the department is contemplated by a sentencing judge and the offender meets criteria for placement in community corrections, a report shall be prepared by the adult probation and parole division of the department containing a recommendation regarding a community corrections placement or a diagnostic evaluation shall be completed by the department containing the recommendation of the department regarding that placement including a statement that the criminal offender has been approved for a program by the state or local selection panel.  The sentencing judge shall consider that report or evaluation prior to making that commitment.   

B.     At a sentencing hearing, if a judge of a court of competent jurisdiction determines placement in community corrections is appropriate, he shall defer or suspend the sentence and, as a condition of probation, require an individual to serve a period of time in a community corrections program.