reglab/housing_qa huggingface dataset:
NM Stat § 33-2-10 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-10 - Penitentiary; rules and regulations.

The corrections division [corrections department] shall make such rules and regulations for the government, discipline and police of the penitentiary, and for the punishment of the prisoners confined therein, not inconsistent with the law, as it may deem expedient, and until such regulations are made, the regulations now in force shall continue in force. The division [department] shall exercise a general superintendence and control over the government and disipline [discipline] of the penitentiary, cause such rules and regulations as it may prescribe for the government and discipline of the penitentiary to be printed and placed in some conspicuous place therein, and shall visit the said penitentiary once in each month, and inspect the same. History: Laws 1889, ch. 76, § 8; C.L. 1897, § 3498; Code 1915, § 5031; C.S. 1929, § 130-114; 1941 Comp., § 45-119; 1953 Comp., § 42-1-19; Laws 1977, ch. 257, § 67. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See compiler's notes to 33-2-1 NMSA 1978. Cross references. — For duty of warden to keep record of infractions, see 33-2-32 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for death of or injury to prisoner, 46 A.L.R. 94, 50 A.L.R. 268, 61 A.L.R. 569. Constitutionality of statutes in relation to treatment or discipline of convicts, 50 A.L.R. 104. Sterilization of criminals or defectives, 53 A.L.R.3d 960. Propriety of telephone testimony or hearings in prison proceedings, 9 A.L.R.5th 451. Validity under federal law of prison regulations relating to inmates' hair length and style, 62 A.L.R. Fed. 479. 72 C.J.S. Prisons and Rights of Prisoner § 75.
NM Stat § 33-2-12 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-12 - Visitors.

The following persons are authorized to visit the penitentiary at pleasure: the governor, judges of the supreme court and the secretary of the criminal justice department [corrections department] or his duly authorized representative; and no other persons shall be permitted to go within the walls of the penitentiary where the convicts are confined except by permission of the warden. History: Laws 1889, ch. 76, § 18; C.L. 1897, § 3507; Code 1915, § 5033; C.S. 1929, § 130-116; Laws 1939, ch. 55, § 11; 1941 Comp., § 45-121; 1953 Comp., § 42-1-21; Laws 1977, ch. 257, § 69. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See compiler's notes to 33-2-1 NMSA 1978. Strip searches of prison visitors can be justified on basis of reasonable suspicion, but only if such searches are conducted as part of a prison procedure that informs visitors before being searched that they have the right to refuse to be searched, in which case they will be escorted off the prison grounds. State v. Garcia, 1993-NMCA-105, 116 N.M. 87, 860 P.2d 217. Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 78, 80, 84. Right of jailed or imprisoned parent to visit from minor child, 15 A.L.R.4th 1234. 72 C.J.S. Prisons and Rights of Prisoners § 105.
NM Stat § 33-2-12.1 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-12.1 - Corrections; family visits.

The secretary of corrections may promulgate rules and regulations providing for family visits between minimum or medium security inmates confined at state correctional facilities and their families. As used in this section: A. "family" means the inmate's legal spouse, natural parents, adoptive parents, if the adoption occurred and a family relationship existed prior to the inmate's incarceration, stepparents or foster parents, grandparents, brothers and sisters, natural and adoptive children, stepchildren and grandchildren. The term does not include the inmate's aunts, uncles and cousins unless a bona fide foster relationship exists, nor does it include persons with only a common law relationship to the inmate; and B. "family visit" means extended and overnight visitation between eligible inmates and their families with all necessary accommodations provided by the corrections department for this purpose at a reasonable charge to the inmate or his family to defray the costs of the accommodations. Families shall be required to provide food for the visit or, if security requires, to purchase all food for the visit from the department. History: Laws 1983, ch. 97, § 1. ANNOTATIONSWithdrawal of visitation privileges. — Where the inmate's visitation privileges were withdrawn; the inmate was not given notice of any kind or an opportunity to be heard or present evidence; the inmate was not given a written statement prepared by an impartial fact finder regarding the evidence and reasons for the deprivation; and because there was no hearing, the inmate was not able to confront the inmate's accusors or cross-examine witnesses, the inmate's due process rights were violated. Cordova v. LeMaster, 2004-NMSC-026, 136 N.M. 217, 96 P.3d 778. Am. Jur. 2d, A.L.R. and C.J.S. references. — State regulation of conjugal or overnight familial visits in penal or correctional institutions, 29 A.L.R.4th 1216. Federal and state constitutions as protecting prison visitor against unreasonable searches and seizures, 85 A.L.R.5th 261. Admissibility in sex offense case, under Rule 412 of federal Rules of Evidence, of evidence of victim's past sexual behavior, 166 A.L.R. Fed. 639.
NM Stat § 33-2-13 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-13 - Physician, physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice; rules; prisoner's disability; records.

A physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice, when visiting the penitentiary of New Mexico, shall conform to its rules and regulations. The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice shall express no opinion as to the disability of any prisoner except in records kept in the penitentiary. History: Laws 1889, ch. 76, § 44; C.L. 1897, § 3533; Code 1915, § 5025; C.S. 1929, § 130-108; 1941 Comp., § 45-122; 1953 Comp., § 42-1-22; 2015, ch. 116, § 13. ANNOTATIONSCross references. — For physical examination of entering prisoners, see 33-2-16 NMSA 1978. For notifying relatives of deceased persons, see 24-12-1 NMSA 1978. For when it is unlawful to furnish drugs or liquor to prisoner, see 30-22-13 NMSA 1978. The 2015 amendment, effective June 19, 2015, included other health care professionals with each reference to "physician" as it relates to complying with rules and regulations in correctional facilities and keeping records of prisoners' disabilities; added the catchline; in the first sentence, deleted "The" and added "A", after "physician", added "or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice", after "penitentiary", added "of New Mexico", after "conform to", deleted "the" and added "its", after "rules and regulations.", deleted "thereof. He" and added "The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice", and after "any prisoner except in", deleted "his record which he shall keep" and added "records kept". Temporary provisions. — Laws 2015, ch. 116, § 16 provided that by January 1, 2016, every cabinet secretary, agency head and head of a political subdivision of the state shall update rules requiring an examination by, a certificate from or a statement of a licensed physician to also accept such examination, certificate or statement from an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice. Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions § 91. Medical or surgical services to prisoners, liability for, 44 A.L.R. 1285. 72 C.J.S. Prisons and Rights of Prisoners §§ 80 to 90.
NM Stat § 33-2-14 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-14 - Penitentiary; fire.

The corrections division [corrections department] shall take precaution to protect the penitentiary and all property connected therewith against fire, as far as possible, and shall procure such conveniences and the standards and inspection bureau shall prescribe such rules as will enable the convicts to be evacuated in the shortest possible time and secure their safety and custody in case of fire. History: Laws 1889, ch. 76, § 46; C.L. 1897, § 3535; Code 1915, § 5047; C.S. 1929, § 130-130; 1941 Comp., § 45-123; 1953 Comp., § 42-1-23; Laws 1977, ch. 257, § 70. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See compiler's notes to 33-2-1 NMSA 1978.
NM Stat § 33-2-15 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-15 - Penitentiary; duties.

The employees of the penitentiary shall perform such duties in the charge and oversight of the penitentiary, care of the property belonging thereto, and in the custody, government, employment and discipline of the convicts as shall be required of them by the corrections division [corrections department] or the warden, in conformity with law and rules and regulations prescribed for the government of the penitentiary. History: 1953 Comp., § 42-1-25.1, enacted by Laws 1955, ch. 151, § 2; 1977, ch. 257, § 71. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See compiler's notes to 33-2-1 NMSA 1978. 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 33-1-10 NMSA 1978, their principal statutory duties are those set forth in this section. 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.
NM Stat § 33-2-16 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-16 - [Record on admission of prisoner; physical data; improvement or deterioration record.]

When any prisoner shall be received into said penitentiary, the superintendent [warden] shall cause to be entered into a register the date of such admission, the name, age, nativity, nationality, with such other facts as can be ascertained of parentage, education, occupation, and early social influences as seem to indicate the constitutional and acquired defects and tendencies of the prisoner. Based upon these, an estimate shall be made of the present condition of the prisoner, and the best probable plan of treatment. The physician of said penitentiary shall carefully examine each prisoner when received and shall enter in a register to be kept by him, the name, nationality or race, the weight, stature and family history of each prisoner, also a statement of the condition of the heart, lungs, and other leading organs, the rate of the pulse and respiration, the measurement of the chest and abdomen, and any existing disease or deformity, or other disability, acquired or inherited. Upon the superintendent's [warden's] register shall be entered from time to time minutes of observed improvement or deterioration of character, and notes as to the method and treatment employed; also all alterations affecting the standing or situation of such prisoner, and any subsequent facts or personal history which may be brought officially to his knowledge bearing upon the question of the parole or final release of the prisoner. History: 1953 Comp., § 42-1-31.2, enacted by Laws 1955, ch. 149, § 3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The references to "warden" in the first and third paragraphs were inserted by the compiler, as the 1977 amendments to a number of sections of this article, found in Laws 1977, ch. 257, §§ 64, 66, 69, 71, 76, 77 to 79, compiled as 33-2-6, 33-2-9, 33-2-12, 33-2-15, 33-2-32, 33-2-36, 33-2-37 NMSA 1978, substituted "warden" for "superintendent" so that retention of reference to "superintendent" in this section may have been a legislative oversight. But see, however, 33-1-2 NMSA 1978 defining "superintendent." Cross references. — For physician's opinion on inmate's disability, see 33-2-13 NMSA 1978. Section does not require entry of prisoner's release date on any record. Rather it requires the keeping of records regarding matters which bear upon the question of final release. Apodaca v. Rodriguez, 1972-NMSC-067, 84 N.M. 338, 503 P.2d 318. Records of state penitentiary are public records and should be made available for public inspection in accordance with the provisions of Laws 1947, ch. 130. 1951 Op. Att'y Gen. No. 51-5342.
NM Stat § 33-2-17 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-17 - Id.; accounts; paying over funds.

The superintendent [warden] shall keep, or cause to be kept, in suitable books, regular and complete accounts of all income, business and concerns of the penitentiary, a true account of all money received for labor, or from other sources, and shall turn over said moneys to the state treasurer to be placed to the credit of the penitentiary convicts' earning fund. History: Laws 1889, ch. 76, § 37; C.L. 1897, § 3526; Code 1915, § 5060; C.S. 1929, § 130-143; Laws 1939, ch. 55, § 15; 1941 Comp., § 45-134; 1953 Comp., § 42-1-34. ANNOTATIONSCompiler's notes. — The word "Id." in the catchline refers to the catchline "Superintendent; powers and duties" in the section which preceded this section in the 1915 Code. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See notes to 33-2-16 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 C.J.S. Prisons and Rights of Prisoners § 6.
NM Stat § 33-2-18 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-18 - Id.; collection and disbursement of funds.

The superintendent [warden] shall collect all moneys due to the penitentiary, except appropriations from the state, and shall pay the same over to the state treasury, to be placed to the credit of the penitentiary convicts' earning fund, taking a receipt for the same. History: Laws 1889, ch. 76, § 40; C.L. 1897, § 3529; Code 1915, § 5061; C.S. 1929, § 130-144; Laws 1939, ch. 55, § 16; 1941 Comp., § 45-135; 1953 Comp., § 42-1-35. ANNOTATIONSCompiler's notes. — The word "Id." in the catchline refers to the catchline "Superintendent; powers and duties" in the section which preceded this section in the 1915 Code. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See notes to 33-2-16 NMSA 1978.
NM Stat § 33-2-20 to 33-2-25 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-20 to 33-2-25 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 127, § 20, repealed 33-2-20 through 33-2-25 NMSA 1978, relating to the performance of labor by prison inmates, effective June 19, 1981.
NM Stat § 33-2-26 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-26 - Payment of prisoners for services.

The corrections and criminal rehabilitation department [corrections department] may, by appropriate rules and regulations, establish and administer a plan for the payment of prisoners who perform useful services as prison labor. The payment shall be at a rate depending on the skill and efficiency of the prisoner. History: 1953 Comp., § 42-1-49.1, enacted by Laws 1955, ch. 145, § 1; 1973, ch. 262, § 1; 1975, ch. 203, § 1; 1977, ch. 257, § 73; 1981, ch. 122, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See compiler's notes to 33-2-1 NMSA 1978. Cross references. — For inmate pay under the Corrections Industries Act, see 33-8-8 NMSA 1978. For payment of convict's net earnings to his family, see N.M. Const., art. XX, § 15. Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 168, 169. 18 C.J.S. Convicts §§ 13 to 15.
NM Stat § 33-2-28 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-28 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 127, § 20, repealed 33-2-27 and 33-2-28 NMSA 1978, relating to payment of prisoners' earnings, effective June 19, 1981.
NM Stat § 33-2-29 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-29 - Penitentiary; disease.

In case of any pestilence or contagious sickness breaking out among the convicts, the corrections division [corrections department] may cause the convicts confined therein or any of them to be removed to some suitable place of security where such of them as may be sick shall receive necessary medical attention and such convicts must be returned as soon as may be to the penitentiary to be confined according to their respective sentences, if the same be unexpired. History: Laws 1889, ch. 76, § 16; C.L. 1897, § 3505; Code 1915, § 5066; C.S. 1929, § 130-149; 1941 Comp., § 45-150; 1953 Comp., § 42-1-50; Laws 1977, ch. 257, § 75. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See compiler's notes to 33-2-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 C.J.S. Prisons and Rights of Prisoners § 85.
NM Stat § 33-2-30 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-30 - [Enforcing commands to prisoners; when wounding or killing justified.]

If a convict sentenced to the penitentiary resist the authority of any officer, or refuse to obey his lawful commands, it shall be the duty of such officer immediately to enforce obedience by the use of such weapons or other aid as may be effectual, and if in so doing, any convict thus resisting be wounded or killed by any such officer or his assistant, or any guard or other employe [employee], they shall be justified and shall be held guiltless; but such officer, assistant, guard or other employe [employee] shall not be excusable for using greater force than the emergency of the case demands. History: Laws 1889, ch. 76, § 14; C.L. 1897, § 3503; Code 1915, § 5064; C.S. 1929, § 130-147; 1941 Comp., § 45-151; 1953 Comp., § 42-1-51. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For peace officer powers of guards, see 33-1-10 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 174, 175, 177 to 179, 181 to 188, 190, 191, 195 to 207, 209, 210. 72 C.J.S. Prisons and Rights of Prisoners § 128.
NM Stat § 33-2-31 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-31 - [Suppressing disorder; escape and arrest; when wounding or killing justified.]

It shall be the duty of all the officers and other citizens of the state, by every means in their power, to suppress any insurrection, mutiny or disorder among convicts sentenced to the penitentiary and to prevent the escape or rescue of any such convicts therefrom, or from any other legal confinement, or from any person in whose legal custody they may be, and if in so doing or arresting any convict who may have escaped, such officer or other person should wound or kill such convict or other person aiding or assisting such convict, they shall be justified and held guiltless, but they shall not be excusable for using greater force than the emergency of the case demands. History: Laws 1889, ch. 76, § 15; C.L. 1897, § 3504; Code 1915, § 5065; C.S. 1929, § 130-148; 1941 Comp., § 45-152; 1953 Comp., § 42-1-52. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For escape from penitentiary, see 30-22-9 NMSA 1978. For assisting escape of prisoner, see 30-22-11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Homicide § 24; 60 Am. Jur. 2d Penal and Correctional Institutions § 138. Prosecutions of inmates of state or local penal institutions for crime of riot, 39 A.L.R.4th 1170. 6A C.J.S. Assault and Battery §§ 96-98; 40 C.J.S. Homicide §§ 104 to 106.
NM Stat § 33-2-32 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-32 - Penitentiary; record of misconduct.

It shall be the duty of the warden to keep a record book of all infractions of prison rules and regulations prescribed by the corrections division [corrections department]. History: Laws 1889, ch. 76, § 51; C.L. 1897, § 3540; Code 1915, § 5068; C.S. 1929, § 130-151; 1941 Comp., § 45-153; 1953 Comp., § 42-1-53; Laws 1977, ch. 257, § 76. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. See compiler's notes to 33-2-1 NMSA 1978. Records need not be made open for public inspection. 1945 Op. Att'y Gen. No. 45-4823.
NM Stat § 33-2-33 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-33 - Repealed.

ANNOTATIONSRepeals. — Laws 1977, ch. 216, § 17, repealed 42-1-54, 1953 Comp. (33-2-33 NMSA 1978), relating to deduction from sentence for good behavior, effective July 1, 1979. For provisions of the present Criminal Sentencing Act, see 31-18-12 NMSA 1978 et seq.
NM Stat § 33-2-35 (2021)
2021 New Mexico Statutes|Chapter 33 - Correctional Institutions|Article 2 - State Correctional Facilities|Section 33-2-35 - [Application of law to convicts in penitentiary; relation back; escapers and revolters excepted.]

The provisions of this article shall apply to convicts in the penitentiary, excepting such convicts as have escaped from the penitentiary, or been concerned in any revolt whereby any convict has escaped, and shall operate back to the commencement of any such sentence of such convict. History: Laws 1889, ch. 76, § 50; C.L. 1897, § 3539; Code 1915, § 5074; C.S. 1929, § 130-162; 1941 Comp., § 45-156; 1953 Comp., § 42-1-56. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1915 Code compilers deleted "now" after "shall apply to convicts" and substituted "this article" for "this act." The words "this article" refer to Code 1915, ch. CI, art. 1, being §§ 5018 to 5087.