NM Stat § 33-1-10 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 1 - Corrections Department|Section 33-1-10 - Correctional officers; employees; acting as peace officers.

A. Correctional officers of the corrections department, or any employee of the corrections department who has at the particular time the principal duty to hold in custody or supervise any person accused or convicted of a criminal offense or placed in the legal custody or supervision of the corrections department, shall have the power of a peace officer with respect to arrests and enforcement of laws when on the premises of a New Mexico correctional facility or while transporting a person committed to or under the supervision of the corrections department; when supervising any person committed to or under the supervision of the corrections department anywhere within the state; or when engaged in any effort to pursue or apprehend any such person. No correctional officer or other employee of the corrections department shall be convicted or held liable for any act performed pursuant to this section if a peace officer could lawfully have performed the same act in the same circumstances. B. Crimes against a correctional officer or an employee of the corrections department while in the lawful discharge of duties which confer peace officer status pursuant to this section shall be deemed the same crimes and shall bear the same penalties as crimes against a peace officer. C. As used in this section, "supervising" includes the performance of the following official duties by probation and parole officers of the corrections department: (1) field investigations; (2) surveillance; (3) searches and seizures conducted alone or in cooperation with a state or local law enforcement agency; and (4) security during the course of a probation or parole revocation hearing or proceeding or any other hearing or appearance required by law. D. The provisions of Section 31-1-10 NMSA 1978 [33-1-10 NMSA 1978] shall apply to all pending applications and pending cases. History: 1953 Comp., § 42-9-12, enacted by Laws 1973, ch. 119, § 1; 1977, ch. 257, § 103; 1984, ch. 18, § 1; 1986, ch. 35, § 1; 1987, ch. 210, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. As there is no 31-1-10 NMSA 1978, the apparent intended reference is 33-1-10 NMSA 1978 (this section). Cross references. — For when wounding or killing of penitentiary prisoner is justified, see 33-2-30, 33-2-31 NMSA 1978. For crimes against a peace officer, see Chapter 30, Article 22 NMSA 1978. Legislative intent. — Section 31-20A-5A NMSA 1978 concerns a penalty for a crime against a peace officer, and therefore, this section and 33-3-28 NMSA 1978 serve as powerful indicators of the legislature's intent in 31-20A-5A NMSA 1978. State v. Young, 2004-NMSC-015, 135 N.M. 458, 90 P.3d 477. "Peace officer" in 31-20A-5A NMSA 1978 includes jailers and corrections officers while they are engaged in the duties for which the legislature designated them to be peace officers as in 33-3-28 NMSA 1978 and this section. State v. Young, 2004-NMSC-015, 135 N.M. 458, 90 P.3d 477. Legislature intended its reference to "enforcement of laws" in 33-3-28A NMSA 1978 and Subsection A of this section to apply to the duty of corrections officers to maintain order in a correctional facility. State v. Young, 2004-NMSC-015, 135 N.M. 458, 90 P.3d 477. Prison guards in the department of corrections are not law enforcement officers for purposes of 41-4-3D NMSA 1978, because: (1) the principal duties of prison guards are to hold in custody persons who have already been convicted rather than merely accused of a criminal offense; (2) maintenance of public order relates to a public not a penitentiary setting; and (3) although prison guards may have the supplemental power to arrest pursuant to the guidelines of this section, their principal statutory duties are those set forth in 33-2-15 NMSA 1978. Callaway v. N.M. Dep't of Corr., 1994-NMCA-049, 117 N.M. 637, 875 P.2d 393, cert. denied, 118 N.M. 90, 879 P.2d 91. Juvenile correctional officer is a peace officer for purposes of the battery on a peace officer statute, despite the fact that JCOs are no longer under the control of the New Mexico corrections department. State v. Gutierrez, 1993-NMCA-058, 115 N.M. 551, 854 P.2d 878, cert. denied, 115 N.M. 545, 854 P.2d 872.