reglab/housing_qa huggingface dataset:
NM Stat § 33-2A-7 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2A - Corrections Population Control|Section 33-2A-7 - Additional population control mechanisms.

A. The governor may order the commission to convene at any time to consider the release of nonviolent offenders who are within one hundred eighty days of their projected release date. When the governor orders the commission to convene, the commission shall comply with the provisions of Subsections C through E of Section 6 [33-2A-6 NMSA 1978] of the Corrections Population Control Act. B. The commission may order itself to convene at any time to consider the release of nonviolent offenders who are within one hundred eighty days of their projected release date, upon a two-thirds' vote by members who are appointed. When the commission orders itself to convene, the commission shall comply with the provisions of Subsection C through E of Section 6 of the Corrections Population Control Act. History: Laws 2002, ch. 8, § 7. ANNOTATIONSEffective dates. — Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
NM Stat § 33-2A-8 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2A - Corrections Population Control|Section 33-2A-8 - Termination of agency life; transfer of functions.

The corrections population control commission is terminated on June 30, 2007. On July 1, 2007, the secretary of corrections shall assume the duties and responsibilities of the commission. History: Laws 2002, ch. 8, § 8. ANNOTATIONSEffective dates. — Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
NM Stat § 33-3-2 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-2 - Joint agreements for the construction, management and operation of correctional and detention facilities and jails.

A. Notwithstanding the provisions of Subsection A of Section 33-3-1 NMSA 1978, the board of county commissioners of a county may enter into an agreement with other counties and municipalities to provide for the construction, maintenance or operation of one or more jails or correctional or detention facilities for confinement of persons charged with crimes, violations of municipal or county ordinances or committed to jail. B. The agreement authorized in Subsection A of this section may provide for the control of the indicated facilities by the sheriff of the county in which the facility is located or by a jail administrator as defined in Section 4-44-19 NMSA 1978 or by an independent contractor, and the agreement shall state the manner in which the person in control shall be selected if it is other than the sheriff. C. In a class A county utilizing a joint city and county jail, municipalities shall pay a fee to the board of county commissioners for each prisoner housed in the county jail charged with municipal offenses or arrested by municipal officers. The fee shall be a reasonable fee established by the board of county commissioners and approved by the local government division of the department of finance and administration. D. No agreement or an amendment to an agreement authorized by this section is effective until it is approved by the local government division of the department of finance and administration. History: 1953 Comp., § 42-2-1.1, enacted by Laws 1972, ch. 69, § 1; 1983, ch. 181, § 4; 1984, ch. 22, § 5; 1989, ch. 277, § 1. ANNOTATIONSCross references. — For use of county jail by municipality, see 3-18-20 NMSA 1978. The 1989 amendment, effective June 16, 1989, inserted "as defined in Section 4-44-19 NMSA 1978" and "by an" in Subsection B, added present Subsection C, and redesignated former Subsection C as present Subsection D. Board of commissioners may impose fee for each municipal prisoner incarcerated in county jail. 1979 Op. Att'y Gen. 79-41. "Other qualified individuals" formerly referred to in Subsection B must be public officers or employees, not private persons acting as independent contractors. 1983 Op. Att'y Gen. No. 83-05 (rendered prior to 1984 amendment).
NM Stat § 33-3-4 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-4 - Inspection of jails and detention centers; report.

Each governing body of a county or municipality shall conduct an annual site visit to the jail or detention center under its jurisdiction to inspect the overall conditions at the facility. Following a site visit, an inspection report shall be presented at a regular meeting of the governing body. History: Laws 1865-1866, ch. 19, § 3; C.L. 1884, § 470; C.L. 1897, § 823; Code 1915, § 3035; C.S. 1929, § 75-103; 1941 Comp., § 45-203; 1953 Comp., § 42-2-3; Laws 1983, ch. 181, § 5; 1984, ch. 22, § 6; repealed and reenacted by Laws 2011, ch. 142, § 1.ANNOTATIONSRepeals and reenactments. — Laws 2011, ch. 142, § 1 repealed former 33-3-4 NMSA 1978 and enacted a new section, effective June 17, 2011. Cross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978. County liability. — Where a county has contracted with a private, independent contractor to operate a county jail, but pursuant to this section, the county retains oversight responsibilities over the operation of its detention center and has, therefore, not delegated complete authority to the contractor for the operation of the jail, the county retains liability under 42 U.S.C.S. § 1983 for any unconstitutional policies or customs the contractor may have adopted or created. Herrera v. County of Santa Fe, 213 F. Supp. 2d 1288 (D.N.M. 2002). Irrespective of duty to inspect, sheriffs have control of jail. — While the county commissioners have the duty to inspect jails at least twice (now once) a year, the jails are under the control of the sheriffs of the respective counties. 1969 Op. Att'y Gen. No. 69-50. Commissioners to report violations to district court only. — In the event the county commissioners discover some violations of law during an inspection of the jails, this section limits the action they may take reporting any violations they find to the district court. 1969 Op. Att'y Gen. No. 69-50 (rendered under prior law). Commissioners to decide whether prisoner freedom policy improper. — The county commissioners should make the determination of whether or not a sheriff's policy regarding prisoner freedom during the term of confinement amounts to an application of improper discipline, and if the board determines that such is the case it should report the same to the district court. 1963 Op. Att'y Gen. No. 63-142 (rendered under prior law). Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 C.J.S. Prisons and Rights of Prisoners §§ 7 to 19.
NM Stat § 33-3-5 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-5 - Cleanliness and feeding prisoners.

It shall be the duty of the sheriff, jail administrator or independent contractor of each jail of the several counties of this state to keep the jails of their respective counties clean and healthy, and they shall observe special care as to the personal cleanliness of all prisoners under their charge. History: Laws 1865-1866, ch. 19, § 7; C.L. 1884, § 474; C.L. 1897, § 827; Code 1915, § 3040; C.S. 1929, § 75-108; 1941 Comp., § 45-204; 1953 Comp., § 42-2-4; Laws 1983, ch. 181, § 6; 1984, ch. 22, § 7. ANNOTATIONSCompiler's notes. — The 1915 Code compilers deleted from the end of this section a provision which read: "and when said sheriff is required by law to feed prisoners, he shall see that the diet furnished them is healthy, furnished at proper hours and in sufficient quantities, which shall be given them three times a day," possibly as superseded by 33-3-6 NMSA 1978. Cross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978. Sheriff to make available medical care to indigents and nonindigents. — Sheriffs and persons charged with custody of county prisoners should make available medical care, where necessary, for prisoners out of funds available in the indigent fund of the county, if in fact such persons are indigent within the provisions of the laws, and if such prisoners are not indigent persons but have such means to provide for their own expenses, the county is not liable for such expense. 1954 Op. Att'y Gen. No. 54-5928. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 22 to 24. 72 C.J.S. Prisons and Rights of Prisoners §§ 63 to 79.
NM Stat § 33-3-6 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-6 - Food for prisoners.

The sheriffs, jail administrators or independent contractors of each county in the state shall supply with food the prisoners in their jails, and at all times all food so furnished shall be of a good and wholesome quality and sufficient in quantity for the proper maintenance of life. History: Laws 1891, ch. 57, § 1; C.L. 1897, § 828; Code 1915, § 3041; C.S. 1929, § 75-109; 1941 Comp., § 45-205; 1953 Comp., § 42-2-5; Laws 1983, ch. 181, § 7; 1984, ch. 22, § 8. ANNOTATIONSCross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978. For allowances for feeding prisoners and guards, see 4-44-19, 4-44-20 NMSA 1978. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
NM Stat § 33-3-7 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-7 - Record of prisoners; escapes.

It shall be the duty of the sheriffs, jail administrators or independent contractors of the various jails to keep a faithful and true statement of all the prisoners detained and under their charge. The statement shall set forth the name of each person committed to jail, stating his place of residence, the date of his imprisonment, the cause of confinement and the authority committing him; provided that if the person who shall have been committed to jail shall afterwards obtain his liberty, the same shall be so stated in said book, setting forth the authority by which he was set at liberty; and in like manner, should any prisoner make his escape, the time thereof shall be stated, and the manner in which the escape was made. History: Laws 1865-1866, ch. 19, § 8; C.L. 1884, § 475; C.L. 1897, § 829; Code 1915, § 3042; C.S. 1929, § 75-110; 1941 Comp., § 45-206; 1953 Comp., § 42-2-6; Laws 1983, ch. 181, § 8; 1984, ch. 22, § 9. ANNOTATIONSCross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978.
NM Stat § 33-3-8 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-8 - Rules for punishment.

The sheriffs, jail administrators or independent contractors in charge of the respective jails shall submit proposed rules and regulations which shall be effective upon being adopted by the local governing body or bodies responsible for the jail for the punishment of persons violating the rules of the jail. History: Laws 1865-1866, ch. 19, § 10; C.L. 1884, § 477; C.L. 1897, § 830; Code 1915, § 3043; C.S. 1929, § 75-111; 1941 Comp., § 45-207; 1953 Comp., § 42-2-7; Laws 1983, ch. 181, § 9; 1984, ch. 22, § 10. ANNOTATIONSCross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 138, 141, 143. 72 C.J.S. Prisons and Rights of Prisoners § 8.
NM Stat § 33-3-10 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-10 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 181, § 19, repealed 33-3-10 NMSA 1978, as enacted by Laws 1865-1866, ch. 19, § 11, relating to supplies for jails, effective March 19, 1983.
NM Stat § 33-3-11 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-11 - Jail for nonpayment of fine.

A. Whenever any person is committed to jail for nonpayment of any fine or costs or both, he shall be credited with eight times the federal hourly minimum wage a day in reduction thereof for each day or portion of a day of incarceration. When the person has remained incarcerated a sufficient length of time to extinguish the fine or cost or both, computed at this rate, or has paid to the sentencing court the amount of the fine or costs or both, remaining after deducting credit allowed by this section and obtaining from the court an order of release from commitment, the officer having the prisoner in custody shall discharge him from custody under commitment. B. If the person in custody makes an affidavit that he has no property out of which he can pay the fine and costs, either or any part, the prisoner shall not be retained in custody longer than sixty days even though the fine and costs or either exceeds the amount credited toward repayment during those sixty days. The affidavit shall be delivered to the sheriff or jail administrator as defined in Section 4-44-19 NMSA 1978 having custody of the prisoner. History: Laws 1889, ch. 9, § 1; C.L. 1897, § 832; Code 1915, § 3045; C.S. 1929, § 75-113; 1941 Comp., § 45-209; 1953 Comp., § 42-2-9; Laws 1961, ch. 48, § 1; 1967, ch. 153, § 1; 1983, ch. 181, § 11; 2001, ch. 170, § 1. ANNOTATIONSCross references. — For the nonpayment of fines or costs of those sentenced to the state penitentiary, see 33-2-40 NMSA 1978. The 2001 amendment, effective July 1, 2001, in Subsection A, substituted "jail" for "prison", increased the credit amount from five dollars per day to eight times the federal hourly minimum wage per day, substituted "incarceration" for "imprisonment" and "incarcerated" for "imprisoned"; in Subsection B, changed the amount of time a prisoner may be retained in custody from three months to sixty days, and substituted "the amount credited toward repayment during those sixty days" for "four hundred fifty dollars ($450)". Maximum of 30 days served in penitentiary to pay fines. — Inmates at the New Mexico State Penitentiary are not required to serve more than 30 days for fines or costs attached to sentences when the inmates are sentenced on two or more commitments. 1959 Op. Att'y Gen. No. 59-31. Maximum of 30 days to satisfy fine or costs or both. — An inmate committed to serve one or more sentences in the New Mexico state penitentiary can satisfy a fine by serving not more than 30 days. Court costs should be satisfied by payment if the inmate or his relatives have the necessary funds available. If it is necessary for the inmate to serve time in order to satisfy either a fine or costs, or both, such time served should not exceed 30 days. 1959 Op. Att'y Gen. No. 59-31. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — Indigency of offender as affecting validity of imprisonment as alternative to payment of fine, 31 A.L.R.3d 926.
NM Stat § 33-3-12 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-12 - Commitments to be furnished; orders of release; penalty.

A. Every public officer who has power to order the imprisonment of any person for violation of law shall, on making such order, transmit to the sheriff, jail administrator or independent contractor of his respective county a true copy of the order so that the person imprisoned may be considered under his custody until expiration of the commitment or until further steps, as provided by law, are taken to obtain the prisoner's liberty, of which he shall, in due time, notify the sheriff, jail administrator or independent contractor in writing. B. Any jailer who deliberately and knowingly releases a prisoner without an order of release as provided in this section, except upon expiration of the prisoner's term of commitment, is guilty of a misdemeanor and shall be removed from office. History: Laws 1863-1864, p. 96; C.L. 1865, ch. 92, § 22; C.L. 1884, § 484; C.L. 1897, § 835; Code 1915, § 3048; C.S. 1929, § 75-116; 1941 Comp., § 45-210; 1953 Comp., § 42-2-10; Laws 1968, ch. 62, § 155; 1983, ch. 181, § 12; 1984, ch. 18, § 2; 1984, ch. 22, § 12. ANNOTATIONSCross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978. Responsibility for expenses and upkeep of prisoners. — A county becomes responsible for paying the expenses and upkeep of prisoners arrested by municipal police on state charges at such times as the prisoners are delivered to the actual custody of the county jail, along with any necessary paperwork; a county becomes responsible for medical costs of indigent prisoners at the same time and in the same circumstances. 1985 Op. Att'y Gen. No. 85-03. Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 C.J.S. Prisons and Rights of Prisoners § 155.
NM Stat § 33-3-13 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-13 - Prisoners waiting [awaiting] trial; confinement in county jail.

All persons charged with crime committed in the state, while awaiting indictment or trial on such charge, shall be incarcerated in the county jail of the county wherein such crime is alleged to have been committed or any facility operated by agreement between such counties or municipalities, except that such persons may be temporarily imprisoned in other places of confinement while being conveyed or awaiting conveyance to the jail of the proper county; provided that the sheriff or jail administrator of any county, having the custody of anyone charged with the commission of crime, shall be authorized to remove such person to another county jail or any other place of safety when in the opinion of the sheriff or jail administrator the life of such person or others is in imminent danger; provided further that this section shall not prevent a person being confined in a jail other than the one belonging to the county in which the crime charged is alleged to have been committed, when such person is confined in such other jail in consequence of having taken a change of venue to such other county. History: Laws 1889, ch. 8, § 1; C.L. 1897, § 837; Code 1915, § 3049; C.S. 1929, § 75-117; 1941 Comp., § 45-211; 1953 Comp., § 42-2-11; Laws 1983, ch. 181, § 13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978. Responsibility for expenses and upkeep of prisoners. — A county becomes responsible for paying the expenses and upkeep of prisoners arrested by municipal police on state charges at such times as the prisoners are delivered to the actual custody of the county jail, along with any necessary paperwork; a county becomes responsible for medical costs of indigent prisoners at the same time and in the same circumstances. 1985 Op. Att'y Gen. No. 85-03. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
NM Stat § 33-3-14 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-14 - [Confinement in county other than in which crime committed; expense borne by county; exception.]

Whenever any person shall be imprisoned in any county other than the county in which the crime is alleged to have been committed, in violation of this chapter, the expense of such imprisonment shall be borne by the county in which such person is so imprisoned; provided, that whenever any prisoner shall be removed to another county under the provisions of the preceding section [33-3-13 NMSA 1978] then, and in such case, the expense of removal and keeping such prisoner shall be paid by the county from which such prisoner was so removed. History: Laws 1889, ch. 8, § 2; C.L. 1897, § 838; Code 1915, § 3050; C.S. 1929, § 75-119; 1941 Comp., § 45-212; 1953 Comp., § 42-2-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1915 Code compilers substituted "this chapter" for "this act". "This act" refers to Laws 1889, ch. 8, compiled herein as 33-3-13, 33-3-14, 33-3-18 NMSA 1978. "This chapter" refers to 1915 Code, ch. 62, §§ 3033 to 3069, compiled herein as 29-1-3 to 29-1-6, 33-3-1, 33-3-3 to 33-3-8, 33-3-11 to 33-3-14, 33-3-16 to 33-3-19, 33-3-21, 33-3-22 NMSA 1978. The 1915 Code compilers also substituted "the preceding section" for "section one of this act".
NM Stat § 33-3-15 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-15 - Transfer of prisoner to another county or the penitentiary for safekeeping; expense.

Whenever the public welfare or the safe custody of a prisoner shall require, any district judge in the state of New Mexico in his discretion may order any person charged with the commission of a crime, or any person in the custody of the sheriff of any county in the district of the said judge, to be removed to another county jail, or to the state penitentiary, or to any other place of safety, when, in the opinion of the said district judge, it is advisable that such person or persons shall be removed for any purpose whatsoever. Where a person, on the order of any district judge has been placed in the state penitentiary or a county jail for safekeeping, the expense incurred by said penitentiary or the sheriff of any county for the maintenance of said prisoner, shall be borne by the county from which said prisoner has been ordered, and said bill of expense shall be made a preferential bill of expense and shall be paid in full before any bill, fees or salaries of such county are paid; provided, however, that the said state penitentiary or sheriff shall only charge for the maintenance of said prisoner the legal rate now allowed by law. This section shall not authorize a charge against a county for expenses relating to any prisoner committed to the penitentiary as a result of a criminal conviction. History: Laws 1919, ch. 92, § 1; C.S. 1929, § 75-118; 1941 Comp., § 45-213; 1953 Comp., § 42-2-13; Laws 1955, ch. 105, § 1. ANNOTATIONSPerson in penitentiary deemed county prisoner until sentencing. — Person received at state penitentiary for safekeeping, under an order of the district judge made pursuant to this section, was a county prisoner from the time he was admitted to the time he was sentenced to the penitentiary, the sentence having been made retroactive to the date he was originally received at the penitentiary. State v. Board of Cnty. Comm'rs, 1935-NMSC-048, 39 N.M. 310, 46 P.2d 669. County liable for maintenance pending appeal even where inadvertently committed. — County was liable for maintenance of one confined in penitentiary pending appeal from felony conviction, although district court inadvertently committed him to the penitentiary instead of ordering his confinement therein for safekeeping, and although he was required to labor as a convict. State v. Board of Cnty. Comm'rs, 1928-NMSC-026, 33 N.M. 340, 267 P. 72. Cost of keeping in penitentiary pending appeal chargeable to county. — The cost of keeping a prisoner in the state penitentiary while his appeal is pending in the supreme court is chargeable to the county when the district court has not entered order transferring the prisoner to the penitentiary for safekeeping. 1947 Op. Att'y Gen. No. 47-5094. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions § 218. 72 C.J.S. Prisons and Rights of Prisoners §§ 21, 130.