A. Meritorious deductions forfeited pursuant to Section 33-2-36 N.M. Stat. Ann. may be restored in whole or in part to a prisoner who is exemplary in conduct and work performance for a period of not less than six months following the date of forfeiture. Meritorious deductions may be restored upon recommendation of the classification supervisor, approval by the warden or the warden’s designee and final approval by the director of the adult institutions division of the corrections department or the director’s designee.

B. The provisions of this section also apply to the restoration of earned meritorious deductions for a prisoner confined in a:

(1)     federal or out-of-state correctional facility; or

(2)     correctional facility in New Mexico operated by a private company pursuant to a contract with the corrections department.