reglab/housing_qa huggingface dataset:
NM Stat § 31-3-3 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 3 - Bail|Section 31-3-3 - Surrender of principal by surety.

A. When a surety desires to be discharged from the obligation of its bail bond, the surety may arrest the accused and deliver him to the sheriff of the county in which the action against the accused is pending. B. The surety shall, at the time of surrendering the accused, deliver to the sheriff a certified copy of the order admitting the accused to bail and a certified copy of the bail bond. Delivery of these documents shall be sufficient authority for the sheriff to receive and retain the accused until he is otherwise bailed or discharged. C. Upon the delivery of the accused as provided in this section, the surety may apply to the court for an order discharging him from liability as surety; and upon satisfactory proof being made that this section has been complied with, the court shall enter an order discharging the surety from liability. D. This section shall not apply to a paid surety as defined by Section 31-3-4 NMSA 1978. History: 1953 Comp., § 41-3-3, enacted by Laws 1972, ch. 71, § 10. ANNOTATIONSRepeals and reenactments. — Laws 1972, ch. 71, § 10, repealed 41-3-3, 1953 Comp., relating to examination of case by magistrate, and enacted a new section. Obligation terminates upon delivery to sheriff. — By statute, the bail has power to take and deliver the principal at any time to the sheriff and thus be relieved of its obligation. State v. United Bonding Ins. Co., 1970-NMSC-017, 81 N.M. 154, 464 P.2d 884. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8 Am. Jur. 2d Bail and Recognizance § 80 et seq. Surrender of principal by sureties on bail bond, 3 A.L.R. 180, 73 A.L.R. 1369. Right of bail to relief from forfeiture of bond or recognizance in event of subsequent surrender or production of principal, 84 A.L.R. 420. Dismissal or vacation of indictment as terminating liability or obligation of surety on bail bond, 18 A.L.R.3d 1354. Bail: duration of surety's liability on pretrial bond, 32 A.L.R.4th 504. Bail: duration of surety's liability on posttrial bail bond, 32 A.L.R.4th 575. Bail: effect on liability of bail bond surety of state's delay in obtaining indictment or bringing defendant to trial, 32 A.L.R.4th 600. Bail: effect on surety's liability under bail bond of principal's subsequent incarceration in same jurisdiction, 35 A.L.R.4th 1192. 8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 136 to 139.
NM Stat § 31-3-4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 3 - Bail|Section 31-3-4 - Paid sureties.

A. A "paid surety" is a surety that has taken money, property or other consideration to act as a surety for the accused. B. When a paid surety desires to be discharged from the obligation of its bond, it may arrest the accused and deliver him to the sheriff of the county in which the action against the accused is pending. C. The paid surety shall, at the time of surrendering the accused, deliver to the sheriff a certified copy of the order admitting the accused to bail and a certified copy of the bail bond. Delivery of these documents shall be sufficient authority for the sheriff to receive and retain the accused until he may be brought before the court. D. A paid surety may be released from the obligation of its bond only by an order of the court. E. The court shall order the discharge of a paid surety if: (1) there has been a final disposition of all charges against the accused; (2) the accused is dead; (3) circumstances have arisen which the surety could not have foreseen at the time it became a paid surety for the accused; or (4) the contractual agreement between the surety, the principal and the state has terminated. History: 1953 Comp., § 41-3-4, enacted by Laws 1972, ch. 71, § 11. ANNOTATIONSRepeals and reenactments. — Laws 1972, ch. 71, § 11, repealed 41-3-4, 1953 Comp., relating to adjournment of the magistrate's examination of the defendant, and enacted a new section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8 Am. Jur. 2d Bail and Recognizance § 80 et seq. 8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 136 to 139.
NM Stat § 31-3-5 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 3 - Bail|Section 31-3-5 - Approval of bond.

No bond shall be accepted from a paid surety, as defined in Section 31-3-4 NMSA 1978, by a magistrate court or a district court unless executed on a form which has been approved by the supreme court. History: 1953 Comp., § 41-3-4.1, enacted by Laws 1973, ch. 73, § 5.
NM Stat § 31-3-6 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 3 - Bail|Section 31-3-6 - Change of venue.

If the defendant is released pending trial and thereafter a change of venue is granted, the defendant shall be bound to appear according to the change of venue and otherwise in accordance with the terms of his recognizance. The sureties on a bail bond shall be bound to deliver the defendant in accordance with the change of venue without the necessity of giving a new bail bond. History: 1953 Comp., § 41-3-5, enacted by Laws 1972, ch. 71, § 12. ANNOTATIONSRepeals and reenactments. — Laws 1972, ch. 71, § 12, repealed 41-3-5, 1953 Comp., relating to disposition of defendant, by the magistrate, in case of an adjournment, and enacted a new section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8 Am. Jur. 2d Bail and Recognizance § 117. 8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 40, 41, 43 to 49, 140, 141, 143 to 155, 183.
NM Stat § 31-3-7 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 3 - Bail|Section 31-3-7 - Bail for witness.

If it appears by affidavit that the testimony of a person is material in any felony criminal proceeding and that it may become impracticable to secure his presence by subpoena, the judge may require such person to give bail pursuant to Rules of Criminal Procedure for his appearance as a witness. If the witness fails to give bail pursuant to Rules of Criminal Procedure, the witness may be committed to the custody of the sheriff for a period not to exceed five days within which time his deposition shall be taken as provided by Rules of Criminal Procedure. The court upon good cause shown may extend the time for taking such depositions for a period not exceeding five days. In no case except a first or second degree felony shall any surety be required for the bail of such witness. History: 1953 Comp., § 41-3-6, enacted by Laws 1972, ch. 71, § 13. ANNOTATIONSRepeals and reenactments. — Laws 1972, ch. 71, § 13, repealed 41-3-6, 1953 Comp., relating to commitment forms to be used by the magistrate, and enacted a new section. Arrest of material witness. — This section does not authorize an arrest of a material witness at the scene of a crime, where there is no evidence that the witness would avoid a subpoena or be unwilling to testify in a subsequent trial. Perkins v. Click, 148 F. Supp. 2d 1177 (D.N.M. 2001). Am. Jur. 2d, A.L.R. and C.J.S. references. — 81 Am. Jur. 2d Witnesses § 4. 8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 56 to 58, 170 to 174.
NM Stat § 31-3-8 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 3 - Bail|Section 31-3-8 - Defects in bail or bail bond; effect.

No recognizance, undertaking or bond taken in any criminal proceeding shall be void, nor shall the principal or surety be discharged, from liability thereon for want of form or substance or for omission of any recital or condition or because the same was entered into on Sunday. History: 1953 Comp., § 41-3-7, enacted by Laws 1972, ch. 71, § 14. ANNOTATIONSRepeals and reenactments. — Laws 1972, ch. 71, § 14, repealed 41-3-7, 1953 Comp., relating to the magistrate reading the complaint to the defendant and issuing subpoenas for any required witnesses, and enacted a new section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8 Am. Jur. 2d Bail and Recognizance § 51 et seq; §§ 153, 160 to 162. Variance between name in bail bond and in judgment of forfeiture, 20 A.L.R. 411. Necessity of reference in bail bond to specific crime, 103 A.L.R. 535. 8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 93 to 106.
NM Stat § 31-3-10 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 3 - Bail|Section 31-3-10 - Termination of liability.

All recognizances secured by the execution of a bail bond shall be null and void upon the finding that the accused person is guilty, and all bond liability shall thereupon terminate. History: 1978 Comp., § 31-3-10, enacted by Laws 1987, ch. 228, § 2. ANNOTATIONSPurpose of bail bond. — A bail bond is a type of bond to obtain the release of a person from imprisonment and to secure his appearance before the court. State v. Valles, 2004-NMCA-118, 136 N.M. 429, 99 P.3d 1164. Statute governs. — Because the bail bond form which the supreme court requires sureties to sign when posting bail for a criminal defendant and a statute conflict on when the surety's obligation under the bond terminates, the statute governs. State v. Valles, 2004-NMCA-118, 136 N.M. 429, 99 P.3d 1164. Surety discharged when defendant found guilty. — With the 1987 enactment of this section, the legislature established that the contractual agreement between surety, the principal and the state was terminated when defendant was found guilty, and the court is therefore required to order the discharge of the surety under 31-3-4 E(4) NMSA 1978. State v. Valles, 2004-NMCA-118, 136 N.M. 429, 99 P.3d 1164.
NM Stat § 31-3-11 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 3 - Bail|Section 31-3-11 - Release of individuals who are pregnant or lactating.

A. The court shall consider an individual's pregnancy or lactation status when determining whether the individual is eligible for release or bond and in the computation of good time credit. A presumption shall be made in favor of release for an individual who is pregnant or lactating. An individual released pursuant to this section shall be placed on the least restrictive conditions of release necessary to ensure return to custody.B. As used in this section, "release" means:(1) custodial release, which is release under such court-imposed restrictions as to satisfy the court that the person remains in custody while released; and(2) noncustodial release, which is release under such conditions that are not considered custodial. History: Laws 2019, ch. 73, § 1. ANNOTATIONSEffective dates. — Laws 2019, ch. 73, § 2 made Laws 2019, ch. 73, § 1 effective July 1, 2019.
NM Stat § 31-3A-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 3A - Witness Immunity (Recompiled.)|Section 31-3A-1 - Recompiled.

ANNOTATIONSRecompilations. — Section 31-3A-1 NMSA 1978 was recompiled as 31-6-15 NMSA 1978 by direction of the compilation commission.
NM Stat § 31-4-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-1 - Definitions.

Where appearing in this act [31-4-1 to 31-4-30 NMSA 1978], the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state. The term "state", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America. The term "prosecuting attorney" includes the various district attorneys of this state and their duly appointed, qualified and acting assistants, the attorney general and his duly appointed, qualified and acting assistants. History: Laws 1937, ch. 65, § 1; 1941 Comp., § 42-1901; 1953 Comp., § 41-19-1. ANNOTATIONSUniform Criminal Extradition Act is constitutional. Ex parte Dalton, 1952-NMSC-049, 56 N.M. 407, 244 P.2d 790. Extradition not required. — The state was not required to extradite defendant from Arizona so as to prevent his classification as a fugitive under 31-21-15 NMSA 1978 and the consequent revocation of probation. State v. McDonald, 1991-NMCA-132, 113 N.M. 305, 825 P.2d 238, cert. denied, 113 N.M. 44, 822 P.2d 1127 (1992). Law reviews. — For comment, "Tribal Control of Extradition from Reservations," see 10 Nat. Resources J. 626 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 1 et seq. Right to delay of one arrested on extradition warrant to enable him to present evidence that he is not subject to extradition, 11 A.L.R. 1410. Meaning of word "similar" in statute as to evidence in extradition proceeding, 17 A.L.R. 102. Right to try one for an offense other than that named in extradition proceedings, 21 A.L.R. 1405. One charged with desertion or failure to support wife or child as fugitive from justice, subject to extradition, 32 A.L.R. 1167, 54 A.L.R. 281. Right to prove alibi or absence from demanding state, 51 A.L.R. 797, 61 A.L.R. 715. Extradition of juveniles, 73 A.L.R.3d 700. Application of doctrine of specialty to federal criminal prosecution of accused extradited from foreign country, 112 A.L.R. Fed. 473. Test of "dual criminality" where extradition to or from foreign nation is sought, 132 A.L.R. Fed. 525. 35 C.J.S. Extradition § 2 et seq.
NM Stat § 31-4-4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-4 - Governor may investigate case.

When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered. History: Laws 1937, ch. 65, § 4; 1941 Comp., § 42-1904; 1953 Comp., § 41-19-4. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 96. Mission or motive of defendant in going to asylum state as affecting right to extradite him, 13 A.L.R. 415. Bar of limitations as proper subject of investigation in extradition proceedings, 77 A.L.R. 902. Determination in extradition proceedings, or on habeas corpus in such proceedings, whether a crime is charged, 81 A.L.R. 552, 40 A.L.R.2d 1151. Motive or ulterior purpose of officials demanding or granting extradition as proper subject of inquiry, 94 A.L.R. 1493. Sanity or insanity or pendency of lunacy proceedings as matters for consideration in extradition proceedings, 114 A.L.R. 693. 35 C.J.S. Extradition §§ 30 to 33.
NM Stat § 31-4-5 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-5 - Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.

When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated. The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in Section 23 [31-4-25 NMSA 1978] of this act with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily. History: Laws 1937, ch. 65, § 5; 1941 Comp., § 42-1905; 1953 Comp., § 41-19-5. ANNOTATIONSCross references. — For surrendering to another state a person detained in this state under prosecution or conviction in this state, see 31-4-19 NMSA 1978. Asylum state has no discretion. — Where New Mexico courts held that respondent was not a fugitive from justice, but a refugee from injustice because respondent fled Ohio because of fear that respondent's parole would be revoked without due process and that respondent would be returned to prison where respondent faced the threat of bodily injury, the New Mexico courts went beyond the permissible inquiry in an extradition case and permitted litigation of issues not open in the asylum state. The extradition clause of the United States constitution is mandatory and affords no discretion to the executive officers of the courts of the asylum state. N.M. ex rel. Ortiz v. Reed, 118 S.Ct. 1860, 524 U.S. 151, 141 L. Ed. 2d 131 (1998), rev'g Reed v. State ex. rel. Ortiz, 1997-NMSC-055, 124 N.M. 129, 947 P.2d 86. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 152. Extradition of fugitive in custody under charge in asylum state, 42 A.L.R. 585. Extradition, as a fugitive from justice, of one who left the demanding state by official permission, 67 A.L.R. 1480. Determination whether crime is charged, 40 A.L.R.2d 1151. 35 C.J.S. Extradition § 15. Law Reviews. — For Article, "Developing a State Constitutional Law Strategy in New Mexico Criminal Prosecutions," see 39 N.M.L. Rev. 407 (2009).
NM Stat § 31-4-6 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-6 - Extradition of persons not present in demanding state at time of commission of crime.

The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in Section 3 [31-4-3 NMSA 1978] with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this act [31-4-1 to 31-4-30 NMSA 1978] not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom. History: Laws 1937, ch. 65, § 6; 1941 Comp., § 42-1906; 1953 Comp., § 41-19-6. ANNOTATIONSProper request by demanding state must be honored. — Extradition demanded by another state for the crime of non-support, properly requested under this section, should be honored by New Mexico if the demanding state has a law making it a crime to fail to support a wife or child when the accused is outside the demanding state at the time of failure to support occurs. 1953 Op. Att'y Gen. No. 53-5713. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 28, 29. One not in demanding state at time of offense, but who afterward entered and left state, as fugitive from justice within extradition law, 91 A.L.R. 1262. Constitutionality, construction and application of statute authorizing extradition of one who commits an act within the state or a third state resulting in a crime in the demanding state, 151 A.L.R. 239. 35 C.J.S. Extradition § 11.
NM Stat § 31-4-7 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-7 - Issue of governor's warrant of arrest; its recitals.

If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. History: Laws 1937, ch. 65, § 7; 1941 Comp., § 42-1907; 1953 Comp., § 41-19-7. ANNOTATIONSPrisoner is not entitled to bail after governor's extradition warrant has been served. State ex rel. Schiff v. Brennan, 1983-NMSC-042, 99 N.M. 641, 662 P.2d 642. Enumeration of rights not required. — A warrant issued in accordance with this section is not required to enumerate the rights contained in Section 31-4-10 NMSA 1978. Johnson v. Shuler, 2001-NMSC-009, 130 N.M. 144, 20 P.3d 126. County cannot recover expenses incurred for jailing fugitive. — Where a fugitive from New Hampshire was detained in the Colfax County jail while awaiting extradition to New Hampshire; the governors of New Mexico and New Hampshire played the exclusive roles in the extradition process such that neither New Hampshire nor its governor made any demand on Colfax County or directed Colfax County to act on their behalf; the extradition warrant issued by the governor of New Mexico granted Colfax County jurisdiction to hold the fugitive and Colfax County acted as the New Mexico governor's agent in the extradition process; and New Hampshire had no contact with Colfax County, Colfax County was barred from demanding payment of state expenses incurred for jailing the fugitive. Colfax Cnty. Bd. of Cnty. Comm'r v. State of N.H., 16 F.3d 1107 (10th Cir. 1994). Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 117 to 119. Sufficiency of recitals in rendition warrant in extradition as regards copy of indictment or affidavit, 89 A.L.R. 595. 35 C.J.S. Extradition §§ 35, 36.
NM Stat § 31-4-8 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-8 - Manner and place of execution.

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this act [31-4-1 to 31-4-30 NMSA 1978], to the duly authorized agent of the demanding state. History: Laws 1937, ch. 65, § 8; 1941 Comp., § 42-1908; 1953 Comp., § 41-19-8.
NM Stat § 31-4-9 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-9 - Authority of arresting officer.

Every such peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance. History: Laws 1937, ch. 65, § 9; 1941 Comp., § 42-1909; 1953 Comp., § 41-19-9.
NM Stat § 31-4-11 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-11 - Penalty for noncompliance with preceding section.

Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the governor's warrant, in willful disobedience to the last section [31-4-10 NMSA 1978], shall be guilty of a misdemeanor and, on conviction, shall be fined (not more than $1,000.00 or be imprisoned not more than six months, or both). History: Laws 1937, ch. 65, § 11; 1941 Comp., § 42-1911; 1953 Comp., § 41-19-11. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Necessity that demanding state show probable cause to arrest fugitive in extradition proceedings, 90 A.L.R.3d 1074.