reglab/housing_qa huggingface dataset:
NM Stat § 43-3-15 (2021)
2021 New Mexico Statutes|Chapter 43 - Commitment Procedures|Article 3 - Community Alcoholism Treatment and Detoxification|Section 43-3-15 - County DWI plans.

A. With the advice of the planning council, the board or its designee shall prepare a county DWI plan. Upon approval of the DWI plan by the board and the planning council, the board shall submit the DWI plan to the department for approval and integration into the statewide alcoholism services plan. B. Two or more boards may agree to establish a multicounty DWI plan. C. Each county DWI plan shall include: (1) a county needs assessment that identifies and quantifies: (a) the major factors that affect access to and the success or effectiveness of local DWI programs; (b) the gaps and needs not covered in local DWI programs; and (c) the extent to which county residents use DWI programs available in other counties; (2) an inventory of existing public and private DWI providers and programs in the county, including identification of any DWI program duplication, and existing governmental funding and other resources, including county funding, for county DWI programs; and (3) recommendations and goals for providing, improving and funding DWI programs in the county, based on the needs assessment and inventory, and including proposals to eliminate duplication of programs and services, improve access to programs and services, establish new programs or services, provide additional funding, in-kind contributions and other resources for existing programs and where feasible use DWI programs available in other counties. D. The county DWI plan shall be updated at the request of the board or the department if the plan as implemented through the statewide alcoholism services plan is not achieving its stated goals, if the needs of the county have changed or if the department determines that the distribution of funds is not having an impact on the incidence of driving while under the influence of intoxicating liquor or drugs. History: Laws 1993, ch. 65, § 14.
NM Stat § 44-1-2 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-2 - [Detention under judgment or execution; contempt.]

The following persons are not entitled to prosecute such writ: persons committed or detained by virtue of the final judgment, conviction or decree of any competent tribunal or by virtue of an execution issued upon such judgment or decree; but no order of commitment for any alleged contempt, or upon proceedings as for contempt, to enforce the rights or remedies of any party shall be deemed a judgment, conviction or decree within the meaning of this section; nor shall any attachment or other process issued upon any such order be deemed an execution within the meaning of this section. History: Laws 1884, ch. 1, § 2; C.L. 1884, § 2013; C.L. 1897, § 2782; Code 1915, § 2590; C.S. 1929, § 63-102; 1941 Comp., § 25-1102; 1953 Comp., § 22-11-2. ANNOTATIONSCross references. — For when petitioner will be remanded to custody, see 44-1-16 NMSA 1978. Decision not by "competent" court when constitutional guarantees denied. — For a court to be competent, jurisdiction must be present, and that jurisdiction clearly may be lost. When certain constitutional guarantees are denied, overlooked or omitted, the conviction or sentence is not by a "competent" court. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668. In habeas corpus proceeding supreme court may receive evidence outside record to establish the absence or loss of jurisdiction through denial of any of the rights guaranteed to a prisoner at the bar by either the United States or New Mexico constitutions. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668. Prison disciplinary hearings. — Disciplinary hearings within the corrections department qualify as "tribunals" within the scope of this section and the habeas corpus statutes. Lopez v. LeMaster, 2003-NMSC-003, 133 N.M. 59, 61 P.3d 185. Law reviews. — For note, "Post-Conviction Relief After Release From Custody: A Federal Message and a New Mexico Remedy," see 9 Nat. Resources J. 85 (1969). For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 64 to 73, 94 to 98. Power to grant writ of habeas corpus pending appeal from conviction, 52 A.L.R. 876. Illegal or erroneous sentence as ground for habeas corpus, 76 A.L.R. 468. Change of judicial decision as ground for habeas corpus for release of one held upon previous adjudication of contempt, 136 A.L.R. 1032. Habeas corpus to review commitment for contempt for failure to obey court order or decree either beyond power or jurisdiction of court or merely erroneous, 12 A.L.R.2d 1059. 39 C.J.S. Habeas Corpus §§ 81, 113.
NM Stat § 44-1-3 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-3 - [Application for writ; to whom made; petition; signature; verification.]

Application for such writ shall be made by petition to any judge of the supreme court, signed and verified either by the party for whose relief it is intended, or by some person in his behalf, as follows: to the supreme or district court or to any judge thereof, being within the district where the prisoner is detained; or if there is no such officer within such district, or if he be absent or from any cause is incapable of acting, or has refused to grant such writ, then to some officer having such authority residing in any other district. History: Laws 1884, ch. 1, § 3; C.L. 1884, § 2014; Laws 1889, ch. 17, § 2; C.L. 1897, § 2783; Code 1915, § 2591; C.S. 1929, § 63-103; 1941 Comp., § 25-1103; 1953 Comp., § 22-11-3. ANNOTATIONSCross references. — For the jurisdiction of the supreme court, see N.M. Const., art. VI, § 3. For the jurisdiction of the district courts, see N.M. Const., art. VI, § 13. For the contents of the petition, see 44-1-5 NMSA 1978. For extraordinary writs from the supreme court, see Rule 12-504 NMRA. Court may grant writ releasing any prisoner within district. — One district court of this state may grant a writ of habeas corpus for the release from the state penitentiary of a prisoner held therein under a commitment from another district court. As the prisoner was being detained within the first judicial district, there can be no question that the court in that district had jurisdiction to consider intervenor's petition for habeas corpus. State ex rel. Hanagan v. Dist. Court, 1965-NMSC-089, 75 N.M. 390, 405 P.2d 232. Therefore remedy of prohibition not available to state. — Where intervenor-defendant was ordered discharged from the custody of the warden of the penitentiary and the order was not appealed, it is accordingly final, and as intervenor was being detained within the first judicial district, there can be no question that respondent-district court judge had jurisdiction to consider intervenor's petition for habeas corpus and the remedy of prohibition is thus not available to the state. Rodriguez v. Dist. Court, 1971-NMSC-101, 83 N.M. 200, 490 P.2d 458. Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 117, 120, 121. Denial of relief to prisoner on habeas corpus as bar to second application, 161 A.L.R. 1331. Jurisdiction of habeas corpus proceedings for custody of child having legal domicil in other states, 4 A.L.R.2d 7. Abuse of writ as basis for dismissal of state prisoner's second or successive petition for federal habeas corpus, 60 A.L.R. Fed. 481. 39A C.J.S. Habeas Corpus §§ 161, 163, 165, 167.
NM Stat § 44-1-4 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-4 - [Application to officer residing outside district of detention; jurisdictional proof required.]

Whenever application for any such writ is made to any officer not residing within the district where the prisoner is detained, he shall require proof by oath of the party applying, or by other sufficient evidence, that there is no officer in such district authorized to grant the writ; or if there is one, that he is absent or has refused to grant such writ; or for some cause, to be specially set forth, is incapable of acting, and if such proof is not produced, the application shall be denied. History: Laws 1884, ch. 1, § 4; C.L. 1884, § 2015; C.L. 1897, § 2784; Code 1915, § 2592; C.S. 1929, § 63-104; 1941 Comp., § 25-1104; 1953 Comp., § 22-11-4. ANNOTATIONSLaw reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 105 to 109. 39 C.J.S. Habeas Corpus §§ 136 to 146.
NM Stat § 44-1-5 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-5 - [Petition for writ; allegations; exhibits.]

The petition shall state in substance: A. that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the officer or person by whom he is so confined or restrained and the place where, naming both parties, if their names are known, or describing them if they are not; B. that such person is not committed or detained by virtue of any process, judgment, decree or execution, specified in Section 44-1-2 NMSA 1978; C. the cause or pretense of such confinement or restraint, according to the knowledge or belief of the party verifying the petition; D. if the confinement or restraint is by virtue of any warrant, or order, or process, a copy thereof shall be annexed, or it shall be averred that by reason of such prisoner being removed or concealed before application, a demand of such copy could not be made, or that such demand was made, and the legal fees therefor tendered to the officer or person having such prisoner in his custody, and that such copy was refused; E. if the imprisonment is alleged to be illegal, the petition shall state in what the illegality consists. History: Laws 1884, ch. 1, § 5; C.L. 1884, § 2016; C.L. 1897, § 2785; Code 1915, § 2593; C.S. 1929, § 63-105; 1941 Comp., § 25-1105; 1953 Comp., § 22-11-5. ANNOTATIONSCross references. — For signature and verification of petition, see 44-1-3 NMSA 1978. Post-conviction proceedings must be invoked before habeas corpus may be sought. In re Martinez, 1982-NMSC-115, 99 N.M. 198, 656 P.2d 861. Juvenile court justice is not proper party in habeas corpus proceeding; only persons having physical custody of petitioner and able to produce him in court may properly be named as respondent in such proceeding. Peyton v. Nord, 1968-NMSC-027, 78 N.M. 717, 437 P.2d 716. Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 121 to 125. Propriety of federal court's considering state prisoner's petition under 28 USCS § 2254 where prisoner has exhausted state remedies as to some, but not all, claims in petition, 43 A.L.R. Fed. 631. Abuse of writ as basis for dismissal of state prisoner's second or successive petition for federal habeas corpus, 60 A.L.R. Fed. 481. 39A C.J.S. Habeas Corpus §§ 168, 169.
NM Stat § 44-1-6 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-6 - [Form of writ.]

Every writ of habeas corpus issued under the provisions of this chapter shall be substantially in the following form: The state of New Mexico to the sheriff of, etc., or to A.B.: You are hereby commanded to have the body of C.D., by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatever name the said C.D. shall be called or charged, before E.F., judge of the district court, as etc. (or immediately after the receipt of this writ), to do, and receive what shall then and there be considered concerning the said C.D., and have you then and there this writ. Witness, etc. History: Laws 1884, ch. 1, § 6; C.L. 1884, § 2017; C.L. 1897, § 2786; Code 1915, § 2594; C.S. 1929, § 63-106; 1941 Comp., § 25-1106; 1953 Comp., § 22-11-6. ANNOTATIONSMeaning of "this chapter". — See same catchline in notes to 44-1-1 NMSA 1978. Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 132. 39A C.J.S. Habeas Corpus § 176.
NM Stat § 44-1-7 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-7 - [Defects of form; names of prisoner and custodian.]

Such writ of habeas corpus shall not be disobeyed for any defect of form. It is sufficient: A. if the person having the custody of the prisoner is designated either by his name or office, if he has any, or by his own name, or if both such names are unknown or uncertain, he may be described by any assumed appellation, and any one [anyone] who may be served with the writ, shall be deemed to be the person to whom it is directed, although it is directed to him by a wrong name or description, or to another person; B. if the person who is directed to be produced is designated by name, or if his name is uncertain or unknown, he may be described in any other way so as to designate the person intended. History: Laws 1884, ch. 1, § 7; C.L. 1884, § 2018; C.L. 1897, § 2787; Code 1915, § 2595; C.S. 1929, § 63-107; 1941 Comp., § 25-1107; 1953 Comp., § 22-11-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. No civil liability for misconstruing when writ required. — Fact that district judge and law officer may have mistakenly concluded an order or writ was necessary to effect the release of child from unlawful detention charged in the criminal complaint, and that they may have misconstrued the nature of the order or writ which should be issued, did not confer upon plaintiff a right to recover damages for being compelled to release child from the unlawful imprisonment or restraint plaintiff was exercising over the child. Had a writ of habeas corpus been issued by the judge and served upon plaintiff, he could not be excused for disobedience thereof because of any defect of form. Torres v. Glasgow, 1969-NMCA-053, 80 N.M. 412, 456 P.2d 886. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Habeas Corpus § 176.
NM Stat § 44-1-8 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-8 - [Wrongful refusal of writ; forfeiture.]

If any officer herein authorized to grant writs of habeas corpus willfully refuses to grant such writ when legally applied for, he shall forfeit for any such offense, to the party aggrieved, one thousand dollars [($1,000)]. History: Laws 1884, ch. 1, § 8; C.L. 1884, § 2019; C.L. 1897, § 2788; Code 1915, § 2596; C.S. 1929, § 63-108; 1941 Comp., § 25-1108; 1953 Comp., § 22-11-8. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 131. Liability of judge, court, administrative officer or other custodian of person for whose release the writ is sought, in connection with habeas corpus proceedings, 84 A.L.R. 807. 39A C.J.S. Habeas Corpus § 175.
NM Stat § 44-1-9 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-9 - [Return; contents; exhibits; signature; verification.]

The person upon whom such writ is duly served shall state in his return plainly and unequivocally: A. whether he has or has not the party in his custody, or control, or under his restraint, and, if he has not, whether he has had the party in his custody, or under his control or restraint, at any and what time prior or subsequent to the date of the writ; B. if he has the party in his custody or control, or under his restraint, the authority and true cause of such imprisonment or restraint, setting forth the same at large; C. if the party is detained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited on the return of the writ to the officer before whom the same is returnable; D. if the person upon whom such writ is served has had the party in his control or custody, or under his restraint, at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause and by what authority such transfer took place. The return shall be signed by the person making the same, and except where such person is a sworn public officer and makes his return in his official capacity, it shall be verified by oath. History: Laws 1884, ch. 1, § 9; C.L. 1884, § 2020; C.L. 1897, § 2789; Code 1915, § 2597; C.S. 1929, § 63-109; 1941 Comp., § 25-1109; 1953 Comp., § 22-11-9. ANNOTATIONSWhen petitioner not restrained no release order may be made. — Where on habeas corpus there is nothing to contradict the return of the sheriff, showing that at the date of the petition the petitioner was not restrained of his liberty, an order releasing him from unlawful imprisonment may not be made. In re Brydon, 1889-NMSC-018, 9 N.M. 647, 43 P. 691. Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 135 to 140. 39A C.J.S. Habeas Corpus §§ 180 to 183.
NM Stat § 44-1-10 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-10 - [Petitioner to be produced; exception.]

The person or officer on whom the writ is served shall bring the body of the person in his custody, according to the command of such writ, except in the case of the sickness of such person, as hereinafter provided in this chapter. History: Laws 1884, ch. 1, § 10; C.L. 1884, § 2021; C.L. 1897, § 2790; Code 1915, § 2598; C.S. 1929, § 63-110; 1941 Comp., § 25-1110; 1953 Comp., § 22-11-10. ANNOTATIONSCross references. — For the procedure when petitioner is sick or infirm, see 44-1-26 NMSA 1978. Compiler's notes. — The compilers of the 1915 Code substituted "hereinafter provided in this chapter" for "hereinafter provided." The term "this chapter" refers to ch. 51 of the 1915 Code, the provisions of which are presently compiled as 44-1-1 to 44-1-37 NMSA 1978. Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 144. 39A C.J.S. Habeas Corpus § 185.
NM Stat § 44-1-11 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-11 - [Attachment for disobedience of writ; issuance; to whom directed; proceedings.]

If the person upon whom such writ is duly served refuses or neglects to obey the same, by producing the party named in such writ, and making a full and explicit return to every such writ within the time required by the provisions of this chapter, and no sufficient excuse is shown for such refusal or neglect, the officer before whom such writ is returnable, upon due proof of the service thereof, shall forthwith issue an attachment against such person, directed to the sheriff of any county in this state, and commanding him forthwith to apprehend such person and to bring him immediately before such officer, and on such person being so brought he shall be committed to close custody in the jail of the county in which such officer is, until he makes return to such writ and complies with any order that may be made by such officer in relation to the person for whose relief such writ was issued. History: Laws 1884, ch. 1, § 11; C.L. 1884, § 2022; C.L. 1897, § 2791; Code 1915, § 2599; C.S. 1929, § 63-111; 1941 Comp., § 25-1111; 1953 Comp., § 22-11-11. ANNOTATIONSMeaning of "this chapter". — The term "this chapter" appeared in the original act, which was divided into three unnumbered divisions, to-wit: habeas corpus, §§ 1 to 36; mandamus, §§ 37 to 50; prohibition, §§ 51 to 56; and apparently referred to §§ 1 to 36, the operative provisions of which are compiled as 44-1-1 to 44-1-22, 44-1-25 to 44-1-37 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 176, 177. 39A C.J.S. Habeas Corpus § 187.
NM Stat § 44-1-12 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-12 - [Attachment against sheriff; place of detention.]

If a sheriff neglects to return such writ the attachment may be directed to any person designated therein, who shall have full power to execute the same, and such sheriff upon being brought up may be committed to the jail of any county other than his own. History: Laws 1884, ch. 1, § 12; C.L. 1884, § 2023; C.L. 1897, § 2792; Code 1915, § 2600; C.S. 1929, § 63-112; 1941 Comp., § 25-1112; 1953 Comp., § 22-11-12.
NM Stat § 44-1-13 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-13 - [Precept for production of petitioner by officer executing attachment.]

The officer by whom any such attachment is issued may also at the same time or afterward issue a precept to the sheriff, or other person to whom such attachment was directed, commanding him to bring forthwith before such officers the party for whose benefit such writ was allowed, who shall thereafter remain in the custody of such sheriff or person until he is discharged, bailed or remanded, as such officer directs. History: Laws 1884, ch. 1, § 13; C.L. 1884, § 2024; C.L. 1897, § 2793; Code 1915, § 2601; C.S. 1929, § 63-113; 1941 Comp., § 25-1113; 1953 Comp., § 22-11-13. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 145. 39A C.J.S. Habeas Corpus § 185.
NM Stat § 44-1-15 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-15 - [When petitioner will be discharged.]

If no legal cause is shown for such imprisonment or restraint, or for the continuation thereof, such officer shall discharge such party from the custody or restraint under which he is held. History: Laws 1884, ch. 1, § 15; C.L. 1884, § 2026; C.L. 1897, § 2795; Code 1915, § 2603; C.S. 1929, § 63-115; 1941 Comp., § 25-1115; 1953 Comp., § 22-11-15. ANNOTATIONSFunction of writ of habeas corpus is not to review record for errors of the trial court, and where the petition states no facts showing petitioner is unlawfully deprived of his liberty, it will be denied. Smith v. People, 1962-NMSC-152, 71 N.M. 112, 376 P.2d 54. No appeal lies from decision of district court in habeas corpus proceedings. In re Forest, 1941-NMSC-019, 45 N.M. 204, 113 P.2d 582. Inability to pay support money negates sentence on habeas corpus. — Present ability to pay arrears of monthly sums allowed for support of children is essential to the validity of a contempt sentence to continue until payment, and where record shows that such sentence was imposed in absence of ability to pay, the sentence must be held for naught on habeas corpus. Ex parte Sedillo, 1929-NMSC-038, 34 N.M. 98, 278 P. 202. Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 156. Right of state or public officer to appeal from an order in habeas corpus releasing one from custody, 10 A.L.R. 385, 30 A.L.R. 1322. Arresting one who has been discharged on habeas corpus, 62 A.L.R. 462. Right to appeal from conviction as affected by discharge on habeas corpus, 74 A.L.R. 641. Discharge on habeas corpus after conviction as affecting claim or plea of former jeopardy, 97 A.L.R. 160. 39A C.J.S. Habeas Corpus § 228.