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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
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Experience:  Experienced in multiple areas of the law.
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Does the state of New Mexico grant compassionate temporary

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Does the state of New Mexico grant compassionate temporary release to prisoners who wish to attend the funeral of a parent?


 


 


According to an employee at the Dona Ana detention center they will grant an inmate the right to a viewing alone. However given that there's a process by which an inmate can be granted the right to attend a parent's funeral if he/she is a federal prisoner it seems logical that such a process exists on the state level


 


 

Thank you for your question.

There is no one definite answer for this. The New Mexico Department of Corrections is silent as to this (if you click the link, and then click "policies", you'll see it is not even addressed). However, what I can tell you is that it is not an automatic right. Much will depend on a) why the prisoner is incarcerated (a person locked up for a violent crime is less likely to be let out than someone locked up for a lesser charge); b) their record as a prisoner; and c) the relationship of the decedent to the prisoner (if a prison were to consider it, it would be limited to immediate family, such as a parent, like in this case).

Thus, I would suggest contacting the prison where the person is incarcerated and speaking to someone who could tell you what their specific policy is. I can tell you that if they do allow a temporary release, the family would have to make the transporation arrangements which would have to be approved by the prison, and then would be responsible for paying for the costs of having a guard or guards transport and supervise the prisoner.

If you need further information, please do not hesitate to ask, I am happy to help.
Customer: replied 4 years ago.

To be sure, there is no way to appeal to the Federal Bureau of Prisons in this case?


 


The prisoner was arrested just 2 weeks ago for failing to meet with his parole officer as well as for possession of heroin. He was originally in jail for possession of marijuana. He hasn't been charged of any violent crimes. Considering this, in your opinion what is the likelihood that temporary release would be considered (given that it's even a possibility)?


 


Thank you very much for your advice I will contact the prison

The Federal Bureau of Prisons deals with prisoners within the federal system (e.g., who are charged with, or incarcerated for federal crimes), and they actually have their own guidelines that are separate. This sounds like he would have been charged by the state, not the federal government, is that correct?

His original charge is very minor, so that works in his favor, as does the fact that it is a parent, so I think it would be considered IF it is a possibility. He's not a threat to the community or a danger. Though he failed to meet with his parole officer and that could be seen as a negative, if the prison did allow his temporary release, he would be under the supervision of a prison guard at all times anyway -so it's not as if he is a flight risk under such circumstances.
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