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Duran v. Grisham: Have you been incarcerated in the New Mexico Corrections Department, and released on parole since February 2020?

Have you been incarcerated in NMCD and released on parole in the last year?

On February 14, 2020, in the prison class action lawsuit, Duran v. Grisham, 77-cv-721, the Court approved a settlement agreement that states, in part:

“With respect to any parolee who is a class member at the time he or she is released, who comes under the supervision of the probation and parole department, and serves one-half of his or her required parole time without a major violation, NMCD will provide a written recommendation to the [Parole] Board that such parolee’s parole time be reduced by one-half.  This provision is not intended to expand the scope of the class and does not apply to: a. Sex offenders; b. Serious violent offenders; and c. Offenders who are serving sentences for a DWI sixth or higher.” (emphasis added). A Duran class member is defined as “[a]ll men confined to a medium or higher custody facility and all women of any classification in NMCD custody…”

The Duran attorneys want to make sure that if you were released from a Duran facility after February 14, 2020, have served half your time without a major violation, and otherwise qualify, that NMCD has provided this recommendation to reduce your parole time to the Board. Please know that the decision whether to reduce parole time is the Board’s, not NMCD’s. But NMCD must submit the recommendation.

If you’d like to read the entire Second Revised Settlement Agreement, you can access it here.

Please be in touch with the attorneys in the Duran lawsuit if you qualify and did not receive the recommendation or have other questions about this part of the settlement agreement.  Here is our contact information:

Katherine Loewe
The Law Office of Ryan J. Villa
5501 Eagle Rock Ave, NE Suite C2
Albuquerque, NM 87106
(505) 256-7690
[email protected]

Doreen McKnight
The Law Office of Alexandra Freedman Smith
925 Luna Cir. NW
Albuquerque, NM 87102
(505) 314-8884
do[email protected]