reglab/housing_qa huggingface dataset:
NM Stat § 31-4-12 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-12 - Confinement in jail when necessary.

The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping. The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state. History: Laws 1937, ch. 65, § 12; 1941 Comp., § 42-1912; 1953 Comp., § 41-19-12. ANNOTATIONSIdentification of officer required before he can accept prisoners. — Under the provisions of the Uniform Criminal Extradition Act, 31-4-1 to 31-4-30 NMSA 1978, there is no requirement that guards, as such, be designated by name. It is certain, however, that the sheriff or other designated officer who represents the executive authority of the requisitioning state and is the agent of that state for receipt of prisoners, has to be named and duly accredited as the demanding state's agent before prisoners will be delivered to him. 1961 Op. Att'y Gen. No. 61-9. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 58 to 62. 35 C.J.S. Extradition § 67.
NM Stat § 31-4-13 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-13 - Arrest prior to requisition.

Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under Section 6 [31-4-6 NMSA 1978] with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under Section 6, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, magistrate or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. History: Laws 1937, ch. 65, § 13; 1941 Comp., § 42-1913; 1953 Comp., § 41-19-13. 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. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 58 to 62. 35 C.J.S. Extradition § 67.
NM Stat § 31-4-14 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-14 - Arrest without a warrant.

The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section [31-4-13 NMSA 1978]; and thereafter his answer shall be heard as if he had been arrested on a warrant. History: Laws 1937, ch. 65, § 14; 1941 Comp., § 42-1914; 1953 Comp., § 41-19-14. ANNOTATIONSBondsman arresting third party. — Neither the common-law nor statutory authority of a bondsman to make a warrantless arrest of his principal absolves a bondsman of criminal responsibility ensuing from the armed, unauthorized, and forcible entry into the residence of a third party. State v. Lopez, 1986-NMCA-094, 105 N.M. 538, 734 P.2d 778, cert. quashed, 105 N.M. 521, 734 P.2d 761, and cert. denied, 479 U.S. 1092, 107 S. Ct. 1305, 94 L. Ed. 2d 160 (1987). A foreign bondsman must comply with this article in seeking the rearrest of his principal. State v. Lopez, 1986-NMCA-094, 105 N.M. 538, 734 P.2d 778, cert. quashed, 105 N.M. 521, 734 P.2d 761, and cert. denied, 479 U.S. 1092, 107 S. Ct. 1305, 94 L. Ed. 2d 160 (1987); Lopez v. McCotter, 875 F.2d 273 (10th Cir.), cert. denied, 493 U.S. 996, 110 S. Ct. 549, 107 L. Ed. 2d 546 (1989). Retroactive application of State v. Lopez. — The decision of the court of appeals in State v. Lopez, 1986-NMCA-094, 105 N.M. 538, 734 P.2d 778, holding that a foreign bondsman must comply with this article in seeking the rearrest of his principal was so "unexpected" under preexisting law as to prevent its application retroactively. Lopez v. McCotter, 875 F.2d 273 (10th Cir.), cert. denied, 493 U.S. 996, 110 S. Ct. 549, 107 L. Ed. 2d 546 (1989).
NM Stat § 31-4-15 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-15 - Commitment to await requisition; bail.

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under Section 6 [31-4-6 NMSA 1978], that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in the next section [31-4-16 NMSA 1978], or until he shall be legally discharged. History: Laws 1937, ch. 65, § 15; 1941 Comp., § 42-1915; 1953 Comp., § 41-19-15. ANNOTATIONSConstitutional basis for extradition not contingent upon right to speedy trial. — United States Const., art. IV, § 2, the basis for extradition, by its terms, is not made contingent upon a sixth amendment right to a speedy trial. State v. Sandoval, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279. Concepts of res judicata, double jeopardy and estoppel do not apply to extradition proceedings and are not within the purview of inquiry in an extradition proceeding. State v. Sandoval, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279. No bail for parole violators under interstate compact. — The extradition statutes, this section and Section 31-4-16 NMSA 1978, provide for bail in certain instances. These provisions for bail, however, would not apply in the case where the parole board is investigating a parolee being held in jail for parole violation under the terms of the interstate compact. 1957 Op. Att'y Gen. No. 57-33. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 58 to 62. 35 C.J.S. Extradition § 67.
NM Stat § 31-4-16 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-16 - Bail; in what cases; conditions of bond.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state. History: Laws 1937, ch. 65, § 16; 1941 Comp., § 42-1916; 1953 Comp., § 41-19-16. 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. No bail for parole violators under interstate compact. — The extradition statutes, this section and Section 31-4-15 NMSA 1978, provide for bail in certain instances. These provisions for bail, however, would not apply in the case where the parole board is investigating a parolee being held in jail for parole violation under the terms of the interstate compact. 1957 Op. Att'y Gen. No. 57-33. But otherwise for parolees not under compact. — It may be that an out-of-state parolee not under the parole board's supervision under the terms of the interstate compact may be entitled to bail under the extradition provisions. 1957 Op. Att'y Gen. No. 57-33. When right to bail governed by laws of sister state. — New Mexico Const., art. II, § 13, affords the right to bail to all persons charged with or convicted of crime under the laws of the state of New Mexico. A fugitive from justice is charged with or convicted of crime under the laws of a sister state; therefore, it is the constitution and laws of that state which should dictate whether the right to bail exists and in what form. 1974 Op. Att'y Gen. No. 74-38. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 63, 66, 121. Bond to indemnify public against expense of extradition or other criminal proceedings in event they are unsuccessful as contrary to public policy, 94 A.L.R. 355. Right of extraditee to bail after issuance of governor's warrant and pending final disposition of habeas corpus claim, 13 A.L.R.5th 118. 35 C.J.S. Extradition § 18.
NM Stat § 31-4-17 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-17 - Extension of time of commitment, adjournment.

If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or magistrate judge may again take bail for his appearance and surrender, as provided in Section 16 [31-4-16 NMSA 1978], but within a period not to exceed sixty days after the date of such new bond. History: Laws 1937, ch. 65, § 17; 1941 Comp., § 42-1917; 1953 Comp., § 41-19-17. ANNOTATIONSConstitutional basis for extradition not contingent upon right to speedy trial. — United States Const., art. IV, § 2, the basis for extradition, by its terms, is not made contingent upon a sixth amendment right to a speedy trial. State v. Sandoval, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279. Concepts of res judicata, double jeopardy and estoppel do not apply to extradition proceedings and are not within the purview of inquiry in an extradition proceeding. State v. Sandoval, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279.
NM Stat § 31-4-18 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-18 - Forfeiture of bail.

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state. History: Laws 1937, ch. 65, § 18; 1941 Comp., § 42-1918; 1953 Comp., § 41-19-18.
NM Stat § 31-4-19 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-19 - Persons under criminal prosecution in this state at time of requisition.

If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor, in his discretion, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state. History: Laws 1937, ch. 65, § 19; 1941 Comp., § 42-1919; 1953 Comp., § 41-19-19. ANNOTATIONSCross references. — For obtaining a person detained in another state, under prosecution or conviction, see 31-4-5 NMSA 1978. For nonwaiver by New Mexico, see 31-4-23 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 C.J.S. Extradition § 15.
NM Stat § 31-4-20 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-20 - Guilt or innocence of accused, when inquired into.

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime. History: Laws 1937, ch. 65, § 20; 1941 Comp., § 42-1920; 1953 Comp., § 41-19-20. ANNOTATIONSDefendant's guilt or innocence reserved for courts of demanding state. — Questions relating to the guilt or innocence of the defendant for the crime charged in the demanding state, logically, are reserved for the courts of the demanding state and may not be inquired into by the courts of the asylum state except for the identity of the person held as being the person charged with the crime. State v. Sandoval, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279. Asylum state may not adjudicate defendant's right to speedy trial. — An asylum state, in extradition proceedings, is without authority to adjudicate the defendant's right to a speedy trial in the demanding state upon charges lodged against him there. State v. Sandoval, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279. Concepts of res judicata, double jeopardy and estoppel do not apply to extradition proceedings and are not within the purview of inquiry in an extradition proceeding. State v. Sandoval, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition §§ 127 to 143. Necessity and sufficiency of identification of accused as the person charged, to warrant extradition, 93 A.L.R.2d 912. Necessity that demanding state show probable cause to arrest fugitive in extradition proceedings, 90 A.L.R.3d 1074. Modern status of rule relating to jurisidictional of state court to try criminal defendant brought within jurisdiction illegally or as result of fraud or mistake, 25 A.L.R.4th 157. 35 C.J.S. Extradition § 29.
NM Stat § 31-4-21 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-21 - Governor may recall warrant or issue alias.

The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. History: Laws 1937, ch. 65, § 21; 1941 Comp., § 42-1921; 1953 Comp., § 41-19-21. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 122.
NM Stat § 31-4-22 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-22 - Written waiver of extradition proceedings.

Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in Sections 31-4-7 and 31-4-8 NMSA 1978 and all other procedure incidental to extradition proceedings by executing or subscribing in the presence of a magistrate or a judge of a magistrate court or of any court of record within this state a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in Section 31-4-10 NMSA 1978. If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided, however, that nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state. History: Laws 1937, ch. 65, § 25a; 1941 Comp., § 42-1922; 1953 Comp., § 41-19-22; 1981, ch. 258, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 54, 55, 57.
NM Stat § 31-4-23 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-23 - Nonwaiver by this state.

Nothing in this act [31-4-1 to 31-4-30 NMSA 1978] contained shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this act which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever. History: Laws 1937, ch. 65, § 25b; 1941 Comp., § 42-1923; 1953 Comp., § 41-19-23. ANNOTATIONSCross references. — For criminal prosecution pending in this state, see 31-4-19 NMSA 1978. Prosecution continues upon defendant's return. — Jurisdiction to prosecute on forgery charge was not waived when defendant, prior to trial for the charge, was extradited under this section and subsequently returned to the state. State v. Blankenship, 1968-NMCA-026, 79 N.M. 178, 441 P.2d 218.
NM Stat § 31-4-24 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-24 - Fugitives from this state; duty of governors.

Whenever the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed. History: Laws 1937, ch. 65, § 22; 1941 Comp., § 42-1924; 1953 Comp., § 41-19-24. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition §§ 95 to 103, 114 to 122. 35 C.J.S. Extradition §§ 35, 36.
NM Stat § 31-4-25 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-25 - Application for issuance of requisition; by whom made; contents.

A. When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein, at the time the application is made and certifying that, in the opinion of the said prosecuting attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim. B. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution or sheriff of the county, from which escape was made, shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, the state in which he is believed to be, including the location of the person therein at the time application is made. C. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the secretary of state to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition. History: Laws 1937, ch. 65, § 23; 1941 Comp., § 42-1925; 1953 Comp., § 41-19-25.
NM Stat § 31-4-26 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-26 - Costs and expenses.

When the punishment of the crime shall be the confinement of the criminal in the penitentiary, the expenses shall be paid out of the state treasury, on the certificate of the governor and warrant of the auditor; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. History: Laws 1937, ch. 65, § 24; 1941 Comp., § 42-1926; 1953 Comp., § 41-19-26. ANNOTATIONSIncludes extradition of juveniles. — The costs of extraditing a juvenile from another state who stands charged in New Mexico with the commission of a crime, are governed by this section. 1973 Op. Att'y Gen. No. 73-14 (rendered under prior law, now see Section 32A-10-1 NMSA 1978). Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 C.J.S. Extradition § 20.