Restrictions for New Mexico
Review Supervised Release restrictions in this federal district and the Sex Offender Registry requirements for the state of New Mexico
District of New Mexico
Below you will find information on standard conditions of supervision and travel restrictions, as well as sex offender registry requirements.
Always follow the conditions and restrictions given to you by your U.S. Probation Officer.
Standard Conditions of Supervision
These are the standard conditions of supervision or probation the Court must impose. This does not include special conditions the court may impose.
- The defendant shall not leave the judicial district without the permission of the court or probation officer.
- The defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer.
- The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer.
- The defendant shall support his or her dependents and meet other family responsibilities.
- The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons.
- The defendant shall notify the probation officer at least ten days prior to any change in residence or employment.
- The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician.
- The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.
- The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer.
- The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer.
- The defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer.
- The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court.
- As directed by the probation officer, the defendant shall notify third parties of risks due to the defendant’s criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to the defendant’s compliance with such notification requirements.
Travel Restrictions
The District of New Mexico comprises 33 counties. You are allowed to travel freely within these 33 counties. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these 33 counties must be approved in advance by your U.S. Probation Officer.
Failure to do so may result in a violation of your supervision.
For more information visit the links below:
What is the sex offender registry?
What is the Sex Offender Registry?
Every state and U.S. territory requires those convicted of sex offenses to be added to a registry to be monitored and tracked after their release back into the community. Information about the offender is collected and shared with local and federal authorities, as well as the general public. Requirements and restrictions are often placed on registered sex offenders. That registration process is unique in each state and U.S. territory.
What is SORNA?
The Sex Offender Registration and Notification Act (SORNA) was passed in 2006 as part of the Adam Walsh Child Protection and Safety Act to provide federal standards for jurisdictions to follow. SORNA calls for states and U.S. territories to meet minimum requirements for sex offender registration and notification.
Why Are the Requirements for Sex Offender Registration Different Everywhere?
While SORNA’s guidelines streamlined registration and notification requirements across the country, these requirements are far from uniform. Each jurisdiction determines the details of their own registration process. This leaves a patchwork of rules for sex offenders that vary widely depending on where a registrant lives or works.
Where PIN Comes In
Probation Information Network developed a list of questions regarding the sex offender registration requirements across the country. These are questions that might concern the public, victims and their advocates, or those who are facing registration or are currently registered and their loved ones. We then searched the statutes or code of each jurisdiction for the laws surrounding sex offender registration and notification. Where necessary, we consulted with the law enforcement agency in charge of the jurisdiction’s registry to provide clear and concise answers to the following questions:
- What is the duration of registration?
How long must a sex offender remain on the registry? The length of time a sex offender must comply with registration requirements varies widely depending on the jurisdiction where the registrant lives, and the level of the offense committed. All but 2 jurisdictions offer a path for eventual removal from the registry for at least some of their registrants.
- Must the immediate community be notified directly, either by the offender or law enforcement?
Every jurisdiction has passive community notification in the form of a public sex offender registry website. Concerned citizens are free to search the website and can sign up for email notifications if a sex offender moves into their neighborhood. Some jurisdictions go even further and require active notification, where either law enforcement or the offender themselves is required to directly notify the immediate community that a sex offender is in the area. This can take many forms, including electronic, mail, or in-person notification, publication in local newspapers, and community meetings.
- What are the residence distance restrictions?
Are there any restrictions on where a registered sex offender can live? Some jurisdictions restrict registrants from living within a measured distance of certain places. This restriction could be for all registrants, or only for higher-level offenders or those under supervision. Some jurisdictions do not have a state-wide restriction but do allow local jurisdictions to enact their own.
- What are the employment distance restrictions?
Registered sex offenders are usually restricted from certain types of employment, and from working at establishments that specifically cater to minors. Some jurisdictions go even further and restrict registrants from working within a measured distance of certain places.
- Is an employer’s information included on the public registry?
Returning citizens of every type need to find employment upon reentry, and sex offenders are no exception. Some jurisdictions include registrants’ employment information on the public registry website. This could be the employer’s address or in some cases the name of the employer.
- Are online identifiers included on the public registry?
Some jurisdictions require registered sex offenders to report any identifiers they use online, such as email addresses and social media user names. In some jurisdictions that information is included on the public registry website, separate from the registrant’s profile, in a feature that allows the public to search by specific identifiers.
- Is a state-issued ID required to be labeled?
Some jurisdictions require a state-issued ID, such as a driver’s license, to be labeled to identify the holder as a registered sex offender. This label could be the words “Sex Offender” printed on the ID in a prominent place or a more subtle designation known to law enforcement.
- What is the cost of registration?
Is there a fee to register as a sex offender? Some jurisdictions pass on some of their administrative costs to the registrants. This could be a one-time fee paid only upon initial registration, or an ongoing fee paid annually or quarterly. Some jurisdictions charge a fee every time a registrant updates their information.
- How long can a registrant be in the state for work or education before registration is required?
Does a sex offender have to register if they work or go to school in a different state? It depends on the state, and how long the registrant will be there. Some jurisdictions require registrants to notify authorities immediately, while others allow limited stays without requiring registration. Registrants currently under supervision usually need permission from their Parole or Probation Officer before traveling and should always consult their supervising officer.
- How long can a registrant visit the state before registration is required?
Can a registered sex offender go on vacation? Does a sex offender have to register if they visit a different state? It depends on the state, and how long the registrant will be there. Some jurisdictions require registrants to notify authorities immediately, while others allow limited stays without requiring registration. Registrants currently under supervision usually need permission from their Parole or Probation Officer before traveling and should always consult their supervising officer.
The answers provided are taken directly from the laws found on the state or territory’s legislative website or, where necessary, from the website of the law enforcement agency in charge of the jurisdiction’s registry. In some cases, we contacted state or territory officials for clarification and have directly quoted those conversations.
Disclaimer
While we stand by our research, it is for informational purposes only. It should not be considered legal advice and, while we strive to provide accurate and up to date information, it is not guaranteed to be complete or correct. We provide links to each jurisdiction’s legislative and law enforcement websites and maintain a directory of lawyers who specialize in sex offender registration laws. For those currently under supervision, consult with your Parole or Probation Officer for guidance.
What is the duration of registration?
NM Stat § 29-11A-4
L. Following initial registration pursuant to the provisions of this section:
(1) a sex offender required to register pursuant to the provisions of Subsection D of Section 29 11A-5 NMSA 1978 shall verify registration information with the county sheriff as provided in Subsection N of this section not less than once in each ninety-day period following the date of the sex offender’s initial registration for the remainder of the sex offender’s natural life;
(2) a sex offender required to register pursuant to the provisions of Subsection E of Section 29-11A-5 NMSA 1978 shall verify registration information with the county sheriff as provided in Subsection N of this section once every six months for a period of ten years;
M. Notwithstanding the provisions of Paragraph (2) of Subsection L of this section, if a sex offender is convicted a second or subsequent time for a sex offense set forth in Subsection E of Section 29-11A-5 NMSA 1978, the sex offender shall verify registration information with the county sheriff as provided in Subsection N of this section not less than once in each ninety-day period following the date of the sex offender’s initial registration for the remainder of the sex offender’s natural life.
Must the immediate community be notified directly, either by the offender or law enforcement?
No.
What are the residence distance restrictions?
None.
What are the employment distance restrictions?
None.
Is an employer's information included on the public registry?
Only if the registrant’s employment requires them to have direct contact with children.
NM Stat § 29-11A-5.1
E. The department shall establish and manage an internet web site that provides the public with registration information regarding sex offenders described in Subsection A of this section, except that the department shall not provide registration information on the internet web site regarding a sex offender who was less than eighteen years of age when the sex offender committed the sex offense for which the sex offender was convicted as a youthful offender, as provided in Section 32A-2-3 NMSA 1978, unless at the time of sentencing, the court made a finding that the sex offender is not amenable to treatment and is a danger to the community. The registration information provided to the public pursuant to this subsection shall not include a sex offender’s social security number or DNA information or the identity of a sex offender’s place of employment, unless the sex offender’s employment requires the sex offender to have direct contact with children. The internet web site shall provide only the following registration information:
(1) the sex offender’s legal name and any other names or aliases that the sex offender is using or has used;
(2) the sex offender’s current address and the address of every place where the sex offender habitually lives;
(3) if the sex offender’s employment involves direct contact with children, the sex offender’s place of employment;
(4) the sex offenses for which the sex offender has been convicted;
(5) a photograph of the sex offender;
(6) the sex offender’s date of birth;
(7) a physical description, including a description of any tattoos, scars or other distinguishing features on the sex offender’s body that would assist in identifying the sex offender; and
(8) a link that will pinpoint the location of the sex offender’s place of employment if the sex offender has direct contact with children.
Are online identifiers included on the public registry?
While offenders must register online identifiers [NM Stat § 29-11A-4 B. (8)], this information is not included on the public registry.
Is a state-issued ID required to be labeled?
No.
What is the cost of registration?
There is no state-mandated fee, though fees may be assessed by local law enforcement.
How long can a registrant be in the state for work or education before registration is required?
NM Stat § 29-11A-4
D. A sex offender who is a resident of another state but who is employed in New Mexico or attending public or private school or an institution of higher education in New Mexico shall register with the county sheriff no later than five business days after beginning work or school.
NM Stat § 29-11A-3
H. “sex offender” means a person who:
(4) is a resident of another state and who has been convicted of a sex offense pursuant to state, federal, tribal or military law, but who is:
(a) employed full time or part time in New Mexico for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, including any employment or vocation, whether financially compensated, volunteered or for the purpose of government or educational benefit; or
(b) enrolled on a full-time or part-time basis in a private or public school or an institution of higher education in New Mexico;
How long can a registrant visit the state before registration is required?
You will need to register if you were convicted prior to July 1, 2013 and are going to be in the state of New Mexico for longer than ten (10) days. You will need to register within five (5) days if you were convicted after July 1, 2013.
– New Mexico Department of Public Safety