The secretary of corrections may promulgate rules and regulations providing for family visits between minimum or medium security inmates confined at state correctional facilities and their families. As used in this section:

Terms Used In New Mexico Statutes 33-2-12.1

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

A. “family” means the inmate’s legal spouse, natural parents, adoptive parents, if the adoption occurred and a family relationship existed prior to the inmate’s incarceration, stepparents or foster parents, grandparents, brothers and sisters, natural and adoptive children, stepchildren and grandchildren. The term does not include the inmate’s aunts, uncles and cousins unless a bona fide foster relationship exists, nor does it include persons with only a common law relationship to the inmate; and

B. “family visit” means extended and overnight visitation between eligible inmates and their families with all necessary accommodations provided by the corrections department for this purpose at a reasonable charge to the inmate or his family to defray the costs of the accommodations. Families shall be required to provide food for the visit or, if security requires, to purchase all food for the visit from the department.