New Mexico § 35-15-14 - Suspension of sentence; probation

§ 35-15-14. Suspension of sentence; probation

A. The governing body of any municipality may provide by ordinance that the municipal

court may, upon entry of a plea of guilty or judgment of conviction: (1) suspend in whole or part the execution of sentence; or (2) place the defendant on probation for a period not exceeding one year on terms

and conditions the court deems best; or both. The ordinance shall provide that the court may as a condition of probation require

the defendant to serve a period of time in volunteer labor to be known as community

service. The type of labor and period of service shall be at the sole discretion of the court;

provided that any person receiving community service shall be immune from any civil

liability other than gross negligence arising out of the community service, and any

person who performs community service pursuant to court order or any criminal diversion

program shall not be entitled to any wages, shall not be considered an employee for

any purpose and shall not be entitled to workmen's compensation, unemployment benefits

or any other benefits otherwise provided by law. As used in this paragraph, “community service” means any labor that benefits the

public at large or any public, charitable or educational entity or institution. B. The ordinance shall provide that suspension of execution of the sentence or probation,

or both, shall be granted only when the municipal judge is satisfied it will serve

the ends of justice and of the public, and that the defendant's liability for any

fine or other punishment imposed is fully discharged upon successful completion of

the terms and conditions of probation.