reglab/housing_qa huggingface dataset:
NM Stat § 33-3-17 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-17 - [Reports of federal prisoners presented to federal court; account of expenses; approval by court.]

The sheriffs of the different counties of this state, whenever they shall have under their charge any prisoner as set forth in the foregoing section [33-3-16 NMSA 1978], shall at each regular term of the district court for the United States, submit to said court a list of all the prisoners under their charge by authority of the United States, for the information of said court, setting forth the date of their imprisonment, by whom delivered into their custody and for what offense, accompanied with a just and correct account of all the expenses of their maintenance and detention, for the consideration of said district court of the United States, and for the approval and order of said court for the payment of the sum. History: Laws 1865-1866, ch. 19, § 16; C.L. 1884, § 483; C.L. 1897, § 834; Code 1915, § 3047; C.S. 1929, § 75-115; 1941 Comp., § 45-215; 1953 Comp., § 42-2-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 33-3-18 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-18 - Counties without jails; arrangements with other counties.

In case any county in this state lacks a jail or proper place of confinement for its prisoners, the board of county commissioners of that county shall make contractual arrangements with other counties, municipalities or independent contractors for the incarceration and care of its prisoners, and that jail so designated by any board of county commissioners of any county not having a jail or other proper place of confinement shall be the legal place of confinement of the prisoners of said county. History: Laws 1889, ch. 8, § 4; C.L. 1897, § 840; Code 1915, § 3051; C.S. 1929, § 75-120; 1941 Comp., § 45-216; 1953 Comp., § 42-2-16; Laws 1983, ch. 181, § 14; 1984, ch. 22, § 14. ANNOTATIONSCross references. — For joint agreements for construction, management and operation of correctional and detention facilities and jails, see 33-3-2 NMSA 1978. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
NM Stat § 33-3-19 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-19 - Prisoners in jails; work.

It is the duty of the sheriffs, jail administrators as defined in Section 4-44-19 NMSA 1978 or independent contractors in charge of the jails of the state to compel the prisoners who are sentenced to imprisonment in the jails to work on public projects without pay or remuneration whatsoever. A prisoner may be compelled to work a maximum of eight hours in a twenty-four-hour period; provided that a work period is followed by a rest period of a minimum of eight hours. No prisoner shall be compelled to work on Sundays and legal holidays. This work may be considered for good time reduction as provided in Section 33-3-9 NMSA 1978. History: Laws 1909, ch. 89, § 1; Code 1915, § 3052; C.S. 1929, § 75-121; 1941 Comp., § 45-217; 1953 Comp., § 42-2-17; Laws 1983, ch. 181, § 15; 1984, ch. 22, § 15; 1985, ch. 24, § 1. ANNOTATIONSCross references. — For the constitutional prohibition of leasing of convict labor by the state, see N.M. Const., art. XX, § 18. Constitutionality of good time credit scheme. — New Mexico's good time credit statutory scheme does not offend the constitutional guarantee of equal protection of the law; it is reasonable not to award good time credits for presentence confinement to detainees who are presumed innocent and therefore are not yet subject to rehabilitation efforts or to compulsory labor requirements, especially when they are held without systematic evaluation in county jails lacking rehabilitation programs. State v. Aqui, 1986-NMSC-048, 104 N.M. 345, 721 P.2d 771, cert. denied, 479 U.S. 917, 107 S. Ct. 321, 93 L. Ed. 2d 294 (1986). Constitutionality of disallowing presentence good time credit. — Failure to allow good time credit for presentence confinement does not subject a prisoner to double jeopardy. Enright v. State, 1986-NMSC-070, 104 N.M. 672, 726 P.2d 349. New Mexico's statutory scheme, which does not allow good time credit for presentence confinement, does not offend the equal protection and due process guarantees of the New Mexico and United States constitutions. Enright v. State, 1986-NMSC-070, 104 N.M. 672, 726 P.2d 349. Escape from work detail. — Where defendant was assigned to a work detail at a county fairgrounds while serving a lawful sentence at a county jail, and it was while so assigned that the defendant escaped, the defendant is guilty of escape from jail. State v. Gilman, 1981-NMCA-123, 97 N.M. 67, 636 P.2d 886, cert. denied, 97 N.M. 483, 641 P.2d 514. When county and board members not liable for injuries to prisoners. — In the absence of a statute whereby liability and permission to sue a creature of the state is provided, neither the county nor individual members of a board of county commissioners are liable for injuries sustained by prisoners engaged in maintenance work of courthouse grounds. 1957 Op. Att'y Gen. No. 57-220. Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 162 to 173. 18 C.J.S. Convicts §§ 13 to 15; 72 C.J.S. Prisons and Rights of Prisoners §§ 124 to 129.
NM Stat § 33-3-20 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-20 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 181, § 19, repealed 33-3-20 NMSA 1978, as enacted by Laws 1909, ch. 89, § 2, relating to duty of sheriffs to enforce provisions for labor, effective March 19, 1983.
NM Stat § 33-3-21 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-21 - Commitments by magistrates; confinement in town jail.

Whenever in any incorporated town or village situated more than fifty miles from the county seat of the county in which such town or village is situated any person shall be tried before any magistrate whose precinct or any part thereof is embraced within such town or village for any offense against the laws of the state amounting to a misdemeanor and who shall be convicted thereof and be sentenced to be confined in the county jail, either as a part of the punishment inflicted for such offense or for the nonpayment of the fine and costs that may be assessed against the person, it shall be lawful for the sheriff receiving the order of commitment to confine the defendant in the jail belonging to such town or village for the period or term directed in the judgment or order of commitment. For the purposes of this [section] and Section 33-3-22 NMSA 1978, the jail of such town or village is hereby declared to be a county jail. History: Laws 1893, ch. 35, § 1; C.L. 1897, § 3233; Code 1915, § 3054; C.S. 1929, § 75-123; 1941 Comp., § 45-219; 1953 Comp., § 42-2-19; Laws 1983, ch. 181, § 16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section exception to 33-3-3 NMSA 1978. — Those convicted of state laws are to be committed to the county jail except in cases where such persons are convicted of such an offense by a justice of the peace (now magistrate) whose precinct is within a town or village more than 50 miles from the county seat. However, the county is still liable for upkeep of the prisoner. 1968 Op. Att'y Gen. No. 68-21. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
NM Stat § 33-3-22 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-22 - Town or village jails.

The boards of county commissioners in the several counties of the state are authorized and empowered to care for the feeding and guarding of the prisoners confined in the jail of any such town or village and to pay out of the county treasury to the trustees of such town or village for the feeding and guarding of such prisoners. History: Laws 1893, ch. 35, § 2; C.L. 1897, § 3234; Code 1915, § 3055; C.S. 1929, § 75-124; 1941 Comp., § 45-220; 1953 Comp., § 42-2-20; Laws 1983, ch. 181, § 17. ANNOTATIONSCross references. — For allowance for feeding jail prisoners, see 4-44-19, 4-44-20 NMSA 1978.
NM Stat § 33-3-23 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-23 - Confinement of prisoners committed by Indian government; cost.

A. Subject to the payment by the Indian tribe, band or pueblo or the United States of the fees established for the jail, the sheriff of each county, his deputy, jailer, jail administrator or independent contractor is required to receive any person committed to his custody in conformity with a regular process issued by or under the authority of any Indian tribe, band or pueblo in New Mexico and is further required to retain custody until such person is placed at liberty according to the laws of the United States or of the Indian tribe, band or pueblo. B. No sheriff, jail administrator or independent contractor shall be required to receive any such committed person if to do so would exceed the capacity of the facility. The sheriff, jail administrator or independent contractor may also return any prisoner received by him under this section to the committing authority if the capacity of the facility is exceeded. History: 1953 Comp., § 42-2-21, enacted by Laws 1959, ch. 104, § 1; 1983, ch. 181, § 18; 1984, ch. 22, § 16. ANNOTATIONSCross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978.
NM Stat § 33-3-24 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-24 - Prisoner-release program.

The sheriff of any county or the jail administrator of any jail with the approval of the board of county commissioners and the governing body of the municipality, as applicable, may establish a prisoner-release program in accordance with the provisions of Sections 33-2-43 and 33-2-44 NMSA 1978. The labor and industrial commission shall exercise the same supervision over conditions of employment for prisoners working under a prisoner-release program as it does over conditions of employment for free persons. A prisoner working under a prisoner-release program is not entitled to any benefits under the Unemployment Compensation Law [Chapter 51 NMSA 1978] during the term of his sentence. No prisoner involved in a prisoner-release program is an agent, employee or involuntary servant of a county jail while attending school, working in private business or going to or from such assignment. History: Laws 1981, ch. 4, § 1. ANNOTATIONSNo 30-day limit on local prisoner release programs. — Local program providing for electronic monitoring of prisoners is not limited to 30 days or less because Section 33-2-45 NMSA 1978 was not included in the authorizing statute, Section 33-3-24 NMSA 1978; therefore, a repeat driving while impaired offender was permitted to serve four months on electronic monitoring because it constituted official confinement. State v. Frost, 2003-NMCA-002, 133 N.M. 45, 60 P.3d 492, cert. denied, 133 N.M. 126, 61 P.3d 835.
NM Stat § 33-3-26 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3 - Jails|Section 33-3-26 - Agreements for jails or for jail services; pilot programs.

A. Any county or municipality may enter into an agreement, including an agreement with an independent contractor, to operate, or to provide and operate, jail facilities for the care and housing of prisoners; provided that, prior to July 1, 1987, no more than two pilot projects for operation, or provision and operation, of a jail by private independent contractors are hereby authorized in New Mexico; and further provided that the attorney general shall select, authorize and approve such pilot projects. B. The attorney general shall monitor any pilot project and shall report to the first and second sessions of the thirty-seventh legislature and to the first session of the thirty-eighth legislature with analyses of the pilot projects, their success or failure, recommendations for modification or repeal of the law and suggestions for change in any future projects. History: 1978 Comp., § 33-3-26, enacted by Laws 1984, ch. 22, § 17. ANNOTATIONSGuadalupe County correctional facility's contract with the board of commissioners of Guadalupe County, a contract which is specifically authorized by law, vested the facility's employees with the authority to act as jailers. State v. Young, 2004-NMSC-015, 135 N.M. 458, 90 P.3d 477. Exemptions from Procurement Code. — A construction agreement that is entered into as part of an overall agreement for operation and provision of a jail pursuant to this section and Section 33-3-27 NMSA 1978 is exempt from the Procurement Code's requirements. The "financing and design" of a jail facility are also exempt from the Procurement Code, as long as the local public body does not have a direct contractual relationship with the parties responsible for designing and financing the facility. 1987 Op. Att'y Gen. No. 87-47. Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 8, 9, 11, 14. 72 C.J.S. Prisons and Rights of Prisoners § 3.
NM Stat § 33-3B-1 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3B - County Detention Facility Reimbursement Act|Section 33-3B-1 - Short title.

This act [33-3B-1 to 33-3B-4 NMSA 1978] may be cited as the "County Detention Facility Reimbursement Act". History: Laws 2007, ch. 333, § 1. ANNOTATIONSEffective dates. — Laws 2007, ch. 333, § 5 made the County Detention Facility Reimbursement Act effective July 1, 2007.
NM Stat § 33-3B-2 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3B - County Detention Facility Reimbursement Act|Section 33-3B-2 - Definitions.

As used in the County Detention Facility Reimbursement Act: A. "county detention facility" means a facility that is owned, operated or under contract of operation by a board of county commissioners and that is used for the incarceration of prisoners charged with or convicted of a violation of local, state, tribal, federal or international law; B. "division" means the local government division of the department of finance and administration; C. "dual supervision offender" means an individual who is serving a probation term and a parole term; D. "eligible county" means a county that provides information to the New Mexico sentencing commission regarding costs incurred by the county for the incarceration of felony offenders; E. "felony offender" means an individual who is convicted of a felony and sentenced to confinement in a correctional facility designated by the corrections department and who: (1) has been released from confinement and is a dual supervision offender and: (a) has violated parole or is charged with a parole violation; (b) has violated probation or is charged with a probation violation; or (c) while on probation or parole, is charged with a violation of local, state, tribal, federal or international law; (2) has been released from confinement and is serving a parole term and: (a) has violated parole or is charged with a parole violation; or (b) while on parole, is charged with a violation of local, state, tribal, federal or international law; or (3) is awaiting transportation and commitment to the corrections department following the revocation of parole or a sentencing hearing for a felony conviction; and F. "fund" means the county detention facility reimbursement fund. History: Laws 2007, ch. 333, § 2. ANNOTATIONSEffective dates. — Laws 2007, ch. 333, § 5 made the County Detention Facility Reimbursement Act effective July 1, 2007.
NM Stat § 33-3B-3 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3B - County Detention Facility Reimbursement Act|Section 33-3B-3 - Incarceration of felony offenders in county detention facilities; rate of reimbursement.

A. The distribution amount for each eligible county each fiscal year shall be derived by multiplying the total amount of money available in the fund for distribution pursuant to this section by the felony offender incarceration percentage for that county. The felony offender incarceration percentage shall be equal to a fraction: (1) the numerator of which is the rolling average of the number of felony offenders incarcerated in an eligible county on June 30 of each of the three fiscal years immediately preceding the fiscal year in which the distribution is to be made pursuant to Section 4 [33-3B-4 NMSA 1978] of the County Detention Facility Reimbursement Act; and (2) the denominator of which is the rolling average of the number of felony offenders incarcerated in all eligible counties on June 30 of each of the three fiscal years immediately preceding the fiscal year in which the distribution is to be made pursuant to Section 4 of the County Detention Facility Reimbursement Act. B. Annually, on or before December 1, the New Mexico sentencing commission shall: (1) determine the felony offender incarceration percentage for each eligible county; (2) calculate the distribution amount for each eligible county by applying the formula in Subsection A of this section; and (3) certify to the division the felony incarceration percentage and the distribution amount for each eligible county. History: Laws 2007, ch. 333, § 3. ANNOTATIONSEffective dates. — Laws 2007, ch. 333, § 5 made the County Detention Facility Reimbursement Act effective July 1, 2007.
NM Stat § 33-3B-4 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 3B - County Detention Facility Reimbursement Act|Section 33-3B-4 - County detention facility reimbursement fund created; distribution.

A. The "county detention facility reimbursement fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests made to the fund. Money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year, and income from investment of the fund shall be credited to the fund. The division shall administer the fund, and money in the fund is appropriated to the division to make distributions to counties in accordance with Subsection B of this section. Disbursements from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the division. No money in the fund shall be expended by the division for the purpose of administering the fund. B. Annually, on or before January 30 and to the extent money in the fund is available for such purposes, money in the fund shall be distributed by the state treasurer as follows: (1) an amount equal to seventy percent of the fund less thirty thousand dollars ($30,000) to eligible counties in the amounts certified to the division in accordance with Section 3 [33-3B-3 NMSA 1978] of the County Detention Facility Reimbursement Act; (2) thirty thousand dollars ($30,000) to the New Mexico sentencing commission to fund the annual calculation of the felony offender incarceration percentage and the distribution amount for each eligible county; and (3) the remainder of the fund to counties other than class A counties that are designated by the division as needing additional resources due to inadequate base revenues. History: Laws 2007, ch. 333, § 4. ANNOTATIONSEffective dates. — Laws 2007, ch. 333, § 5 made the County Detention Facility Reimbursement Act effective July 1, 2007. Cross references. — For the local government corrections fund, see 33-3-25 NMSA 1978.
NM Stat § 33-4-1 to 33-4-6 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 4 - New Mexico Boys' School (Repealed.)|Section 33-4-1 to 33-4-6 - Repealed.

ANNOTATIONSRepeals. — Laws 1988, ch. 101, § 51 repealed 33-4-1 through 33-4-6 NMSA 1978 as amended by Laws 1975, ch. 320, § 6 and Laws 1977, ch. 257, §§ 80 to 82, and as enacted by Laws 1921, ch. 193, §§ 3, 4, effective July 1, 1989.
NM Stat § 33-5-2 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 5 - Girls' Welfare Home (Repealed.)|Section 33-5-2 - Repealed.

ANNOTATIONSRepeals. — Laws 1988, ch. 101, § 51 repealed 33-5-1 and 33-5-2 NMSA 1978, as amended by Laws 1977, ch. 257, § 83 and Laws 1975, ch. 320, § 7, effective July 1, 1989.
NM Stat § 33-6-2 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 6 - Juvenile Detention Homes|Section 33-6-2 - [Laws governing bond issues.]

The proceedings for calling, holding and canvassing the results of an election to determine whether such bonds are to be issued, the manner of issuance and the terms and provisions of such bonds, the sale thereof, the levy of taxes for the payment thereof and the manner and time of payment thereof shall all be the same as is now or may hereafter be provided by law with respect to bonds issued for the purpose of building courthouses and, in general, all of the provisions of law with respect to county courthouse bonds shall, so far as applicable, apply to the bonds herein authorized. History: Laws 1939, ch. 75, § 2; 1941 Comp., § 45-603; 1953 Comp., § 42-6-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For bonds for courthouses, jails and bridges, see 4-49-1, 4-49-6 NMSA 1978.
NM Stat § 33-6-3 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 6 - Juvenile Detention Homes|Section 33-6-3 - [Obtaining federal aid; donations for home.]

The respective boards of county commissioners are authorized and empowered to seek and obtain, if possible, from the United States government, or any department or agency thereof, financial aid and assistance to carry into effect the purposes hereof. Such boards are also authorized and empowered in their discretion to accept gifts and donations of any kind or character from any source whatsoever, including, but not limited to, a site for such juvenile detention homes. History: Laws 1939, ch. 75, § 3; 1941 Comp., § 45-604; 1953 Comp., § 42-6-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 33-6-4 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 6 - Juvenile Detention Homes|Section 33-6-4 - [Contracts; general power of commissioners.]

The boards of county commissioners of the several counties are hereby authorized and empowered to enter into any and all contracts and do and perform any and all things necessary and proper to carry into effect the provisions hereof. History: Laws 1939, ch. 75, § 5; 1941 Comp., § 45-606; 1953 Comp., § 42-6-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 33-6-5 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 6 - Juvenile Detention Homes|Section 33-6-5 - Maintenance and supervision of homes; rules.

When erected, such juvenile detention homes shall be maintained at the expense of the counties wherein they are located. The board of county commissioners of the county wherein such juvenile detention home is located shall have supervisory control of such juvenile detention home and for that purpose such board of commissioners shall have power to make reasonable rules governing the conduct of such juvenile detention home. History: Laws 1939, ch. 75, § 6; 1941 Comp., § 45-607; 1953 Comp., § 42-6-7; Laws 1976, ch. 42, § 4. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 5, 10.