reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-14 - Costs of commitment and support.

The provisions of law with respect to the costs of commitment and the costs of support, including methods of determination of the persons liable for the costs, and all provisions of law enabling the state to secure reimbursement for any such items of cost, applicable to the commitment and support of mentally ill persons in state hospitals shall apply with equal force in respect to each item of expense incurred by the state in connection with the commitment, care, custody and treatment of any person committed to the substance abuse bureau of the division or to any institution maintained by the state. Voluntary patients may be required to pay the cost of their subsistence, care and treatment.
History:
1941 Comp., § 61-1212, enacted by Laws 1949, ch. 114, § 12; 1953 Comp., § 46-12-12; Laws 1967, ch. 78, § 3; 1976 (S.S.), ch. 9, § 11; 1983, ch. 177, § 10; 1989, ch. 47, § 9.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "for the costs" for "therefor" and "substance abuse bureau" for "alcoholism bureau" in the first sentence.
Responsibility for hospital expenses.
— Individuals committed to private or county-operated facilities under statutory involuntary commitment procedures are responsible for their hospital expenses, and eligible hospitals treating indigent patients may look to the applicable county for reimbursement under the Indigent Hospital Claims Act. 1989 Op. Att'y Gen. No. 89-35.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-15 - Report.

On or before December 1 in each year, the division shall render a report to the governor and the state legislature of its activities, including recommendations for improvements therein, by legislation or otherwise.
History:
1941 Comp., § 61-1213, enacted by Laws 1949, ch. 114, § 13; 1953 Comp., § 46-12-13; Laws 1976 (S.S.), ch. 9, § 12.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-16 - Repealed.

History:
1953 Comp., § 46-14-1, enacted by Laws 1973, ch. 331, § 1; repealed Laws 2005, ch. 198, § 11.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 198, § 11 repealed 43-2-16 NMSA 1978, as enacted by Laws 1973, ch. 331, § 1, relating to the short title for the Detoxification Act. For comparable provisions,
see
43-2-1.1 NMSA 1978 effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-17 - Repealed.

History:
1953 Comp., § 46-14-2, enacted by Laws 1973, ch. 331, § 2; 1977, ch. 374, § 8; repealed Laws 2005, ch. 198, § 11.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 198, § 11 repealed 43-2-17 NMSA 1978, as enacted by Laws 1973, ch. 331, § 2, relating to Detoxification Act definitions, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-18 - Repealed.

History:
1953 Comp., § 46-14-3, enacted by Laws 1973, ch. 331, § 3; repealed Laws 2005, ch. 198, § 15.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 198, § 11 repealed 43-2-18 NMSA 1978, as enacted by Laws 1973, ch. 331, § 3, relating to transportation of intoxicated person by peace officer or public service officer, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-19 - Peace officer or public service officer; no liability.

A. A peace officer or public service officer may, if the officer reasonably believes it necessary for the officer's own safety, make a protective search of an intoxicated person before transporting the person to a residence, treatment facility or detention center.
B. A peace officer or public service officer shall not be held civilly liable for assault, false imprisonment or other alleged torts or crimes on account of reasonable measures taken under the authority of the Detoxification Reform Act, if such measures were, in fact, reasonable and did not involve use of excessive or unnecessary force.
History:
1953 Comp., § 46-14-4, enacted by Laws 1973, ch. 331, § 4; 2005, ch. 198, § 7.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, created Subsections A and B; changed "health care facility" to "treatment facility" in Subsection A and deleted the former provision that a peace officer or public service officer were not criminally liable for assault, false imprisonment or other alleged torts or crimes on account of reasonable measures taken under the Detoxification Reform Act.
Search of intoxicated person threatening suicide justified.
— Since the defendant smelled of alcohol, appeared intoxicated, and was threatening suicide, a police officer could have reasonably concluded his safety justified a patdown search of the defendant before taking him into protective custody.
State v. Blakely
, 1993-NMCA-053, 115 N.M. 466, 853 P.2d 168, cert. denied, 115 N.M. 535, 854 P.2d 362.
Inventory searches of persons detained
are not prohibited by the Detoxification Act.
State v. Johnson
, 1996-NMCA-117, 122 N.M. 713, 930 P.2d 1165, cert. denied, 122 N.M. 578, 929 P.2d 269.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-20 - Notification of family.

Whenever an intoxicated person is committed to protective custody, the administration in charge of the treatment facility shall provide the person an opportunity to contact a member of the intoxicated person's family as soon as practicable.
History:
1953 Comp., § 46-14-5, enacted by Laws 1973, ch. 331, § 5; 2005, ch. 198, § 8.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, deleted the former provisions that when a person is transported to a health care facility or jail, the person in charge of the facility or jail shall see that a member of the intoxicated person's family is notified of his presence there.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-21 - Liability for costs.

Any intoxicated person having transportation, shelter or treatment furnished to the person as an intoxicated person under the Detoxification Reform Act shall be liable to the furnishing city, county or treatment facility for its reasonable costs in providing that transportation, shelter or treatment.
History:
1953 Comp., § 46-14-6, enacted by Laws 1973, ch. 331, § 6; 2005, ch. 198, § 9.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, changed "health care or other facility" to "treatment facility".
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-22 - Repealed.

History:
1953 Comp., § 46-14-7, enacted by Laws 1973, ch. 331, § 7; 1977, ch. 319, § 1; 1977, ch. 374, § 9; 1983, ch. 119, § 1; 1993, ch. 66, § 3; repealed Laws 2005, ch. 198, § 16.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 198, § 11 repealed 43-2-22 NMSA 1978, as enacted by Laws 1973, ch. 331, § 7, relating to protective custody of intoxicated persons, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 2 - Alcoholics and Intoxicated Persons; Detoxification › Section 43-2-23 - Civil liability.

Physicians and treatment facilities and their officers, directors and employees shall not be liable to any person held on account of reasonable measures taken under the authority of the Detoxification Reform Act, absent proof of negligence or intentional misconduct.
History:
Laws 2005, ch. 198, § 10.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 198, § 12 made Laws 2005, ch. 198, § 10 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 3 - Community Alcoholism Treatment and Detoxification › Section 43-3-1 to 43-3-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 185, § 8 repealed 43-3-1 to 43-3-6 NMSA 1978, as enacted by Laws 1978, ch. 133, §§ 1 to 6, relating to the Community Alcoholism Treatment and Detoxification Act, effective July 1, 1985. For present comparable provisions,
see
9-7-6.1 to 9-7-6.3 NMSA 1978.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 3 - Community Alcoholism Treatment and Detoxification › Section 43-3-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 65, § 23, repealed 43-3-7 NMSA 1978, as enacted by Laws 1981, ch. 39, § 126, relating to the community alcoholism treatment and detoxification fund, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 3 - Community Alcoholism Treatment and Detoxification › Section 43-3-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 270, § 10 repealed 43-3-8 and 43-3-9 NMSA 1978, as enacted by Laws 1985, ch. 185, §§ 1 and 2, relating to alcohol abuse prevention and treatment, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions,
see
9-7-6.1 to 9-7-6.3 NMSA 1978.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 3 - Community Alcoholism Treatment and Detoxification › Section 43-3-11 - Powers and duties of the department.

A. The department shall adopt rules to provide for:
(1) minimum standards of service for DWI programs that contract for funds pursuant to the department's behavioral health services rules; provided that rules adopted pursuant to this section shall, before adoption, have been presented to all interested parties in a public hearing;
(2) the format and guidelines for county DWI plans and the criteria for evaluating them; and
(3) procedures for reporting of programmatic and financial information necessary to evaluate the effectiveness of programs funded. Evaluation of program effectiveness shall include an analysis of outcome-based measures and the impact of the programs on the incidence of driving while under the influence of intoxicating liquor or drugs and shall be reported to the legislature annually.
B. The department shall provide technical assistance and training to assist each county as needed in developing its DWI plan.
C. The department shall review the impact of the programs on the reduction of the incidence of driving while under the influence of intoxicating liquor or drugs, approve county DWI plans and incorporate these plans into the statewide substance abuse services plan in accordance with Section 43-3-13 NMSA 1978.
D. Any screening programs funded pursuant to the behavioral health services rules shall be established in collaboration with the district, magistrate, metropolitan and municipal courts to be served by the screening program. Whenever feasible, the screening program shall not be provided by an alcoholism treatment program serving the judicial districts involved in order to avoid conflict of interest in recommending that offenders enter treatment.
History:
Laws 1985, ch. 185, § 4; 1993, ch. 65, § 11; 1999, ch. 270, § 6.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, rewrote the section to the extent that a detailed comparison is impracticable.
The 1993 amendment,
effective July 1, 1993, deleted "and bureau" at the end of the catchline; deleted "programs" following "service" near the beginning and inserted "and DWI programs" near the middle of Subsection A(1); inserted present Paragraph (2) and redesignated former Paragraphs (2) through (5) as present Paragraphs (3) through (6) in Subsection A; substituted "the secretary of health" for "the bureau to the secretary of the department" in Subsection A(4); rewrote the second sentence of Subsection A(6), which read "Evaluation of program effectiveness shall be reported to the legislature annually"; inserted present Subsections C and D; redesignated former Subsections C through E as present Subsections E through G; inserted "and programs consistent with the priorities set forth in the statewide alcoholism services plan" in Subsection E; and made stylistic changes.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 3 - Community Alcoholism Treatment and Detoxification › Section 43-3-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 270, § 10 repealed 43-3-12 NMSA 1978, as enacted by Laws 1985, ch. 185, § 5, relating to alcohol abuse treatment, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
9-7-6.1 to 9-7-6.3 NMSA 1978.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 3 - Community Alcoholism Treatment and Detoxification › Section 43-3-13 - Statewide substance abuse services plan.

A. The department shall develop and update annually prior to August 30 a statewide substance abuse services plan that documents the extent of New Mexico's substance abuse problem. The plan shall describe the effectiveness of existing services and shall document needs based on a statewide assessment that reflects local planning, concerns and priorities.
B. The department shall annually invite comment and review of the substance abuse services plan for a period of no less than thirty days prior to its publication.
C. The department shall make decisions concerning proposed substance abuse programs consistent with the priorities and service system concepts contained in the current statewide substance abuse services plan.
History:
Laws 1985, ch. 185, § 6; 1993, ch. 65, § 12; 1999, ch. 270, § 7.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "substance abuse" for "alcoholism" throughout the section.
The 1993 amendment,
effective July 1, 1993, substituted "department" for "bureau" in the first sentence of Subsection A.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 3 - Community Alcoholism Treatment and Detoxification › Section 43-3-14 - County DWI planning councils authorized; membership.

A. A board may create a county DWI planning council and appoint the members for terms set by the board. The members of the planning council shall be selected to represent a broad spectrum of interests and may include county officials, DWI program and service providers, law enforcement officers, alcohol counselors and therapists, school administrators and local political leaders.
B. The members of a planning council shall elect from among the membership of the planning council a chairman for a term designated by the board. The planning council shall meet at the call of the chairman.
C. Planning council members shall receive per diem and mileage reimbursement as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 1993, ch. 65, § 13.
2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 3 - Community Alcoholism Treatment and Detoxification › Section 43-3-15 - County DWI plans.

A. With the advice of the planning council, the board or its designee shall prepare a county DWI plan. Upon approval of the DWI plan by the board and the planning council, the board shall submit the DWI plan to the department for approval and integration into the statewide alcoholism services plan.
B. Two or more boards may agree to establish a multicounty DWI plan.
C. Each county DWI plan shall include:
(1) a county needs assessment that identifies and quantifies:
(a) the major factors that affect access to and the success or effectiveness of local DWI programs;
(b) the gaps and needs not covered in local DWI programs; and
(c) the extent to which county residents use DWI programs available in other counties;
(2) an inventory of existing public and private DWI providers and programs in the county, including identification of any DWI program duplication, and existing governmental funding and other resources, including county funding, for county DWI programs; and
(3) recommendations and goals for providing, improving and funding DWI programs in the county, based on the needs assessment and inventory, and including proposals to eliminate duplication of programs and services, improve access to programs and services, establish new programs or services, provide additional funding, in-kind contributions and other resources for existing programs and where feasible use DWI programs available in other counties.
D. The county DWI plan shall be updated at the request of the board or the department if the plan as implemented through the statewide alcoholism services plan is not achieving its stated goals, if the needs of the county have changed or if the department determines that the distribution of funds is not having an impact on the incidence of driving while under the influence of intoxicating liquor or drugs.
History:
Laws 1993, ch. 65, § 14.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-2 - [Detention under judgment or execution; contempt.]

The following persons are not entitled to prosecute such writ: persons committed or detained by virtue of the final judgment, conviction or decree of any competent tribunal or by virtue of an execution issued upon such judgment or decree; but no order of commitment for any alleged contempt, or upon proceedings as for contempt, to enforce the rights or remedies of any party shall be deemed a judgment, conviction or decree within the meaning of this section; nor shall any attachment or other process issued upon any such order be deemed an execution within the meaning of this section.
History:
Laws 1884, ch. 1, § 2; C.L. 1884, § 2013; C.L. 1897, § 2782; Code 1915, § 2590; C.S. 1929, § 63-102; 1941 Comp., § 25-1102; 1953 Comp., § 22-11-2.
ANNOTATIONS
Cross references.
— For when petitioner will be remanded to custody,
see
44-1-16 NMSA 1978.
Decision not by "competent" court when constitutional guarantees denied.
— For a court to be competent, jurisdiction must be present, and that jurisdiction clearly may be lost. When certain constitutional guarantees are denied, overlooked or omitted, the conviction or sentence is not by a "competent" court.
Orosco v. Cox
, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668.
In habeas corpus proceeding supreme court may receive evidence outside record
to establish the absence or loss of jurisdiction through denial of any of the rights guaranteed to a prisoner at the bar by either the United States or New Mexico constitutions.
Orosco v. Cox
, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668.
Prison disciplinary hearings.
— Disciplinary hearings within the corrections department qualify as "tribunals" within the scope of this section and the habeas corpus statutes.
Lopez v. LeMaster
, 2003-NMSC-003, 133 N.M. 59, 61 P.3d 185.
Law reviews.
— For note, "Post-Conviction Relief After Release From Custody: A Federal Message and a New Mexico Remedy," see 9 Nat. Resources J. 85 (1969).
For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus §§ 64 to 73, 94 to 98.
Power to grant writ of habeas corpus pending appeal from conviction, 52 A.L.R. 876.
Illegal or erroneous sentence as ground for habeas corpus, 76 A.L.R. 468.
Change of judicial decision as ground for habeas corpus for release of one held upon previous adjudication of contempt, 136 A.L.R. 1032.
Habeas corpus to review commitment for contempt for failure to obey court order or decree either beyond power or jurisdiction of court or merely erroneous, 12 A.L.R.2d 1059.
39 C.J.S. Habeas Corpus §§ 81, 113.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-3 - [Application for writ; to whom made; petition; signature; verification.]

Application for such writ shall be made by petition to any judge of the supreme court, signed and verified either by the party for whose relief it is intended, or by some person in his behalf, as follows: to the supreme or district court or to any judge thereof, being within the district where the prisoner is detained; or if there is no such officer within such district, or if he be absent or from any cause is incapable of acting, or has refused to grant such writ, then to some officer having such authority residing in any other district.
History:
Laws 1884, ch. 1, § 3; C.L. 1884, § 2014; Laws 1889, ch. 17, § 2; C.L. 1897, § 2783; Code 1915, § 2591; C.S. 1929, § 63-103; 1941 Comp., § 25-1103; 1953 Comp., § 22-11-3.
ANNOTATIONS
Cross references.
— For the jurisdiction of the supreme court,
see
N.M. Const., art. VI, § 3.
For the jurisdiction of the district courts,
see
N.M. Const., art. VI, § 13.
For the contents of the petition,
see
44-1-5 NMSA 1978.
For extraordinary writs from the supreme court,
see
Rule 12-504 NMRA.
Court may grant writ releasing any prisoner within district.
— One district court of this state may grant a writ of habeas corpus for the release from the state penitentiary of a prisoner held therein under a commitment from another district court. As the prisoner was being detained within the first judicial district, there can be no question that the court in that district had jurisdiction to consider intervenor's petition for habeas corpus.
State ex rel. Hanagan v. Dist. Court
, 1965-NMSC-089, 75 N.M. 390, 405 P.2d 232.
Therefore remedy of prohibition not available to state.
— Where intervenor-defendant was ordered discharged from the custody of the warden of the penitentiary and the order was not appealed, it is accordingly final, and as intervenor was being detained within the first judicial district, there can be no question that respondent-district court judge had jurisdiction to consider intervenor's petition for habeas corpus and the remedy of prohibition is thus not available to the state.
Rodriguez v. Dist. Court
, 1971-NMSC-101, 83 N.M. 200, 490 P.2d 458.
Law reviews.
— For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus §§ 117, 120, 121.
Denial of relief to prisoner on habeas corpus as bar to second application, 161 A.L.R. 1331.
Jurisdiction of habeas corpus proceedings for custody of child having legal domicil in other states, 4 A.L.R.2d 7.
Abuse of writ as basis for dismissal of state prisoner's second or successive petition for federal habeas corpus, 60 A.L.R. Fed. 481.
39A C.J.S. Habeas Corpus §§ 161, 163, 165, 167.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-4 - [Application to officer residing outside district of detention; jurisdictional proof required.]

Whenever application for any such writ is made to any officer not residing within the district where the prisoner is detained, he shall require proof by oath of the party applying, or by other sufficient evidence, that there is no officer in such district authorized to grant the writ; or if there is one, that he is absent or has refused to grant such writ; or for some cause, to be specially set forth, is incapable of acting, and if such proof is not produced, the application shall be denied.
History:
Laws 1884, ch. 1, § 4; C.L. 1884, § 2015; C.L. 1897, § 2784; Code 1915, § 2592; C.S. 1929, § 63-104; 1941 Comp., § 25-1104; 1953 Comp., § 22-11-4.
ANNOTATIONS
Law reviews.
— For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus §§ 105 to 109.
39 C.J.S. Habeas Corpus §§ 136 to 146.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-5 - [Petition for writ; allegations; exhibits.]

The petition shall state in substance:
A. that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the officer or person by whom he is so confined or restrained and the place where, naming both parties, if their names are known, or describing them if they are not;
B. that such person is not committed or detained by virtue of any process, judgment, decree or execution, specified in Section 44-1-2 NMSA 1978;
C. the cause or pretense of such confinement or restraint, according to the knowledge or belief of the party verifying the petition;
D. if the confinement or restraint is by virtue of any warrant, or order, or process, a copy thereof shall be annexed, or it shall be averred that by reason of such prisoner being removed or concealed before application, a demand of such copy could not be made, or that such demand was made, and the legal fees therefor tendered to the officer or person having such prisoner in his custody, and that such copy was refused;
E. if the imprisonment is alleged to be illegal, the petition shall state in what the illegality consists.
History:
Laws 1884, ch. 1, § 5; C.L. 1884, § 2016; C.L. 1897, § 2785; Code 1915, § 2593; C.S. 1929, § 63-105; 1941 Comp., § 25-1105; 1953 Comp., § 22-11-5.
ANNOTATIONS
Cross references.
— For signature and verification of petition,
see
44-1-3 NMSA 1978.
Post-conviction proceedings must be invoked before habeas corpus may be sought.
In re Martinez
, 1982-NMSC-115, 99 N.M. 198, 656 P.2d 861.
Juvenile court justice is not proper party in habeas corpus proceeding;
only persons having physical custody of petitioner and able to produce him in court may properly be named as respondent in such proceeding.
Peyton v. Nord
, 1968-NMSC-027, 78 N.M. 717, 437 P.2d 716.
Law reviews.
— For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus §§ 121 to 125.
Propriety of federal court's considering state prisoner's petition under 28 USCS § 2254 where prisoner has exhausted state remedies as to some, but not all, claims in petition, 43 A.L.R. Fed. 631.
Abuse of writ as basis for dismissal of state prisoner's second or successive petition for federal habeas corpus, 60 A.L.R. Fed. 481.
39A C.J.S. Habeas Corpus §§ 168, 169.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-6 - [Form of writ.]

Every writ of habeas corpus issued under the provisions of this chapter shall be substantially in the following form:
The state of New Mexico to the sheriff of, etc., or to A.B.:
You are hereby commanded to have the body of C.D., by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatever name the said C.D. shall be called or charged, before E.F., judge of the district court, as etc. (or immediately after the receipt of this writ), to do, and receive what shall then and there be considered concerning the said C.D., and have you then and there this writ.
Witness, etc.
History:
Laws 1884, ch. 1, § 6; C.L. 1884, § 2017; C.L. 1897, § 2786; Code 1915, § 2594; C.S. 1929, § 63-106; 1941 Comp., § 25-1106; 1953 Comp., § 22-11-6.
ANNOTATIONS
Meaning of "this chapter".
— See same catchline in notes to 44-1-1 NMSA 1978.
Law reviews.
— For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus § 132.
39A C.J.S. Habeas Corpus § 176.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-7 - [Defects of form; names of prisoner and custodian.]

Such writ of habeas corpus shall not be disobeyed for any defect of form. It is sufficient:
A. if the person having the custody of the prisoner is designated either by his name or office, if he has any, or by his own name, or if both such names are unknown or uncertain, he may be described by any assumed appellation, and any one [anyone] who may be served with the writ, shall be deemed to be the person to whom it is directed, although it is directed to him by a wrong name or description, or to another person;
B. if the person who is directed to be produced is designated by name, or if his name is uncertain or unknown, he may be described in any other way so as to designate the person intended.
History:
Laws 1884, ch. 1, § 7; C.L. 1884, § 2018; C.L. 1897, § 2787; Code 1915, § 2595; C.S. 1929, § 63-107; 1941 Comp., § 25-1107; 1953 Comp., § 22-11-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
No civil liability for misconstruing when writ required.
— Fact that district judge and law officer may have mistakenly concluded an order or writ was necessary to effect the release of child from unlawful detention charged in the criminal complaint, and that they may have misconstrued the nature of the order or writ which should be issued, did not confer upon plaintiff a right to recover damages for being compelled to release child from the unlawful imprisonment or restraint plaintiff was exercising over the child. Had a writ of habeas corpus been issued by the judge and served upon plaintiff, he could not be excused for disobedience thereof because of any defect of form.
Torres v. Glasgo
w, 1969-NMCA-053, 80 N.M. 412, 456 P.2d 886.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Habeas Corpus § 176.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-8 - [Wrongful refusal of writ; forfeiture.]

If any officer herein authorized to grant writs of habeas corpus willfully refuses to grant such writ when legally applied for, he shall forfeit for any such offense, to the party aggrieved, one thousand dollars [($1,000)].
History:
Laws 1884, ch. 1, § 8; C.L. 1884, § 2019; C.L. 1897, § 2788; Code 1915, § 2596; C.S. 1929, § 63-108; 1941 Comp., § 25-1108; 1953 Comp., § 22-11-8.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus § 131.
Liability of judge, court, administrative officer or other custodian of person for whose release the writ is sought, in connection with habeas corpus proceedings, 84 A.L.R. 807.
39A C.J.S. Habeas Corpus § 175.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-9 - [Return; contents; exhibits; signature; verification.]

The person upon whom such writ is duly served shall state in his return plainly and unequivocally:
A. whether he has or has not the party in his custody, or control, or under his restraint, and, if he has not, whether he has had the party in his custody, or under his control or restraint, at any and what time prior or subsequent to the date of the writ;
B. if he has the party in his custody or control, or under his restraint, the authority and true cause of such imprisonment or restraint, setting forth the same at large;
C. if the party is detained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited on the return of the writ to the officer before whom the same is returnable;
D. if the person upon whom such writ is served has had the party in his control or custody, or under his restraint, at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause and by what authority such transfer took place. The return shall be signed by the person making the same, and except where such person is a sworn public officer and makes his return in his official capacity, it shall be verified by oath.
History:
Laws 1884, ch. 1, § 9; C.L. 1884, § 2020; C.L. 1897, § 2789; Code 1915, § 2597; C.S. 1929, § 63-109; 1941 Comp., § 25-1109; 1953 Comp., § 22-11-9.
ANNOTATIONS
When petitioner not restrained no release order may be made.
— Where on habeas corpus there is nothing to contradict the return of the sheriff, showing that at the date of the petition the petitioner was not restrained of his liberty, an order releasing him from unlawful imprisonment may not be made.
In re Brydon
, 1889-NMSC-018, 9 N.M. 647, 43 P. 691.
Law reviews.
— For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus §§ 135 to 140.
39A C.J.S. Habeas Corpus §§ 180 to 183.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-10 - [Petitioner to be produced; exception.]

The person or officer on whom the writ is served shall bring the body of the person in his custody, according to the command of such writ, except in the case of the sickness of such person, as hereinafter provided in this chapter.
History:
Laws 1884, ch. 1, § 10; C.L. 1884, § 2021; C.L. 1897, § 2790; Code 1915, § 2598; C.S. 1929, § 63-110; 1941 Comp., § 25-1110; 1953 Comp., § 22-11-10.
ANNOTATIONS
Cross references.
— For the procedure when petitioner is sick or infirm,
see
44-1-26 NMSA 1978.
Compiler's notes.
— The compilers of the 1915 Code substituted "hereinafter provided in this chapter" for "hereinafter provided." The term "this chapter" refers to ch. 51 of the 1915 Code, the provisions of which are presently compiled as 44-1-1 to 44-1-37 NMSA 1978.
Law reviews.
— For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus § 144.
39A C.J.S. Habeas Corpus § 185.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-11 - [Attachment for disobedience of writ; issuance; to whom directed; proceedings.]

If the person upon whom such writ is duly served refuses or neglects to obey the same, by producing the party named in such writ, and making a full and explicit return to every such writ within the time required by the provisions of this chapter, and no sufficient excuse is shown for such refusal or neglect, the officer before whom such writ is returnable, upon due proof of the service thereof, shall forthwith issue an attachment against such person, directed to the sheriff of any county in this state, and commanding him forthwith to apprehend such person and to bring him immediately before such officer, and on such person being so brought he shall be committed to close custody in the jail of the county in which such officer is, until he makes return to such writ and complies with any order that may be made by such officer in relation to the person for whose relief such writ was issued.
History:
Laws 1884, ch. 1, § 11; C.L. 1884, § 2022; C.L. 1897, § 2791; Code 1915, § 2599; C.S. 1929, § 63-111; 1941 Comp., § 25-1111; 1953 Comp., § 22-11-11.
ANNOTATIONS
Meaning of "this chapter".
— The term "this chapter" appeared in the original act, which was divided into three unnumbered divisions, to-wit: habeas corpus, §§ 1 to 36; mandamus, §§ 37 to 50; prohibition, §§ 51 to 56; and apparently referred to §§ 1 to 36, the operative provisions of which are compiled as 44-1-1 to 44-1-22, 44-1-25 to 44-1-37 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus §§ 176, 177.
39A C.J.S. Habeas Corpus § 187.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-12 - [Attachment against sheriff; place of detention.]

If a sheriff neglects to return such writ the attachment may be directed to any person designated therein, who shall have full power to execute the same, and such sheriff upon being brought up may be committed to the jail of any county other than his own.
History:
Laws 1884, ch. 1, § 12; C.L. 1884, § 2023; C.L. 1897, § 2792; Code 1915, § 2600; C.S. 1929, § 63-112; 1941 Comp., § 25-1112; 1953 Comp., § 22-11-12.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-13 - [Precept for production of petitioner by officer executing attachment.]

The officer by whom any such attachment is issued may also at the same time or afterward issue a precept to the sheriff, or other person to whom such attachment was directed, commanding him to bring forthwith before such officers the party for whose benefit such writ was allowed, who shall thereafter remain in the custody of such sheriff or person until he is discharged, bailed or remanded, as such officer directs.
History:
Laws 1884, ch. 1, § 13; C.L. 1884, § 2024; C.L. 1897, § 2793; Code 1915, § 2601; C.S. 1929, § 63-113; 1941 Comp., § 25-1113; 1953 Comp., § 22-11-13.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus § 145.
39A C.J.S. Habeas Corpus § 185.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-15 - [When petitioner will be discharged.]

If no legal cause is shown for such imprisonment or restraint, or for the continuation thereof, such officer shall discharge such party from the custody or restraint under which he is held.
History:
Laws 1884, ch. 1, § 15; C.L. 1884, § 2026; C.L. 1897, § 2795; Code 1915, § 2603; C.S. 1929, § 63-115; 1941 Comp., § 25-1115; 1953 Comp., § 22-11-15.
ANNOTATIONS
Function of writ of habeas corpus is not to review record
for errors of the trial court, and where the petition states no facts showing petitioner is unlawfully deprived of his liberty, it will be denied.
Smith v. People
, 1962-NMSC-152, 71 N.M. 112, 376 P.2d 54.
No appeal lies from decision of district court
in habeas corpus proceedings.
In re Forest
, 1941-NMSC-019, 45 N.M. 204, 113 P.2d 582.
Inability to pay support money negates sentence on habeas corpus.
— Present ability to pay arrears of monthly sums allowed for support of children is essential to the validity of a contempt sentence to continue until payment, and where record shows that such sentence was imposed in absence of ability to pay, the sentence must be held for naught on habeas corpus.
Ex parte Sedillo
, 1929-NMSC-038, 34 N.M. 98, 278 P. 202.
Law reviews.
— For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus § 156.
Right of state or public officer to appeal from an order in habeas corpus releasing one from custody, 10 A.L.R. 385, 30 A.L.R. 1322.
Arresting one who has been discharged on habeas corpus, 62 A.L.R. 462.
Right to appeal from conviction as affected by discharge on habeas corpus, 74 A.L.R. 641.
Discharge on habeas corpus after conviction as affecting claim or plea of former jeopardy, 97 A.L.R. 160.
39A C.J.S. Habeas Corpus § 228.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-16 - [When petitioner will be remanded to custody.]

The officer shall forthwith remand such party, if it appears that he is detained in custody, either:
A. by virtue of process issued by any court or judge of the United States in a case where such court or judge has exclusive jurisdiction; or
B. by virtue of the final judgment or decree of any competent court, or of any execution issued upon such judgment or decree; or
C. for any contempt, specially and plainly charged in the commitment by some court, officer or body having authority to commit for the contempt so charged; and
D. that the time during which such party may be legally detained has not expired.
History:
Laws 1884, ch. 1, § 16; C.L. 1884, § 2027; C.L. 1897, § 2796; Code 1915, § 2604; C.S. 1929, § 63-116; 1941 Comp., § 25-1116; 1953 Comp., § 22-11-16.
ANNOTATIONS
Decision not by "competent" court when constitutional guarantees denied.
— For a court to be competent, jurisdiction must be present, and that jurisdiction clearly may be lost. When certain constitutional guarantees are denied, overlooked or omitted, the conviction or sentence is not by a "competent" court.
Orosco v. Cox
, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668.
Petitioner remanded if facts constituting contempt appear on petition's face.
— If the facts required in the third subdivision (Subsection C) appear on the face of the petition, the motion to dismiss and remand should be allowed.
In re Sloan
, 1891-NMSC-011, 5 N.M. 590, 25 P. 930.
Law reviews.
— For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus § 157.
39A C.J.S. Habeas Corpus § 221.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-17 - [Causes for discharge of petitioner in custody under civil process.]

If it appears on the return that the prisoner is in custody by virtue of civil process of any court legally constituted, or issued by an officer in the course of judicial proceedings before him, authorized by law, such prisoner can only be discharged in one of the following cases:
A. when the jurisdiction of such court or officer has been exceeded either as to matter, place, sum or person;
B. where, though the original imprisonment was lawful, yet by some act, omission or event which has taken place afterward, the party is entitled to be discharged;
C. where the process is defective in some matter of substance required by law rendering such process void;
D. where the process, though in proper form, has been issued in a case not allowed by law;
E. where the person having the custody of the prisoner under such process is not the person empowered by law to detain him; or
F. where the process is not authorized by any judgment, order or decree of any court, nor by any provision of law.
History:
Laws 1884, ch. 1, § 17; C.L. 1884, § 2028; C.L. 1897, § 2797; Code 1915, § 2605; C.S. 1929, § 63-117; 1941 Comp., § 25-1117; 1953 Comp., § 22-11-17.
ANNOTATIONS
No constitutional right invaded if trial's total result was fair.
— In determining whether the deprivation of constitutional rights amounts to a denial of due process the inquiry on habeas corpus is directed to a review of the entire proceedings, and if the total result was the granting to accused of a fair and deliberate trial, then no constitutional right has been invaded, and the proceedings will not be disturbed.
Orosco v. Cox
, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668.
In habeas corpus proceeding supreme court may receive evidence outside record
to establish the absence or loss of jurisdiction through denial of any of the rights guaranteed to a prisoner at the bar by either the United States or New Mexico constitutions.
Orosco v. Cox
, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus § 90.
Habeas corpus to test constitutionality of ordinance under which petitioner is held, 32 A.L.R. 1054.
Habeas corpus in case of sentence which is excessive because imposing both fine and imprisonment, 49 A.L.R. 494.
Power to grant writ of habeas corpus pending appeal from conviction, 52 A.L.R. 876.
Habeas corpus as remedy for delay in bringing accused to trial or to retrial after reversal, 58 A.L.R. 1510.
Illegal or erroneous sentence as ground for habeas corpus, 76 A.L.R. 468.
Habeas corpus as remedy where one is convicted, upon plea of guilty or after trial, of offense other than one charged in indictment or information, 154 A.L.R. 1135.
Mistreatment of prisoner lawfully in custody as ground for habeas corpus, 155 A.L.R. 145.
39 C.J.S. Habeas Corpus § 110.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-18 - [Legality or justice of judgment or execution.]

But no officer on the return of any habeas corpus can inquire into the legality or justice of any judgment, decree or execution specified in Section 44-1-16 NMSA 1978.
History:
Laws 1884, ch. 1, § 18; C.L. 1884, § 2029; C.L. 1897, § 2798; Code 1915, § 2606; C.S. 1929, § 63-118; 1941 Comp., § 25-1118; 1953 Comp., § 22-11-18.
ANNOTATIONS
Legality of imprisonment does not rest upon mittimus, but upon judgment,
and a prisoner who has been legally and properly sentenced to prison cannot obtain his discharge simply because there is an imperfection, or error, in the mittimus.
Shankle v. Woodruff
, 1958-NMSC-054, 64 N.M. 88, 324 P.2d 1017.
Valid judgment is not nullified by flaws in the commitment.
Shankle v. Woodruff
, 1958-NMSC-054, 64 N.M. 88, 324 P.2d 1017.
Objections to information not grounds for release.
— Petitioner's objections to an information, if valid and the error reserved, might make the basis of a timely appeal but are not grounds for release on habeas corpus.
Shankle v. Woodruff
, 1958-NMSC-054, 64 N.M. 88, 324 P.2d 1017.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus § 64.
39 C.J.S. Habeas Corpus § 81.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-19 - [Petitioner legally committed or guilty of offense; release on bail.]

If it appears that the party has been legally committed for any criminal offense, or if he appears, by the testimony offered with the return upon the hearing thereof, to be guilty of such an offense, although the commitment is irregular, the officer before whom such party is brought shall proceed to let such party to bail, if the case be bailable and good bail is offered, or if not, shall forthwith remand such party.
History:
Laws 1884, ch. 1, § 19; C.L. 1884, § 2030; C.L. 1897, § 2799; Code 1915, § 2607; C.S. 1929, § 63-119; 1941 Comp., § 25-1119; 1953 Comp., § 22-11-19.
ANNOTATIONS
Cross references.
— For habeas corpus proceedings to obtain release on bail,
see
44-1-23, 44-1-24 NMSA 1978.
Petitioner remanded for new sentence where illegality is void sentence.
— Where illegality of restraint complained of in habeas corpus is imposition of void sentence on legal conviction, petitioner should be remanded or detained for new sentence.
Jordan v. Swope
, 1932-NMSC-015, 36 N.M. 84, 8 P.2d 788.
This section does not require granting of bail in every case.
1974 Op. Att'y Gen. No. 74-38.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus § 64.
39 C.J.S. Habeas Corpus § 36.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-20 - [Decision in other cases.]

In other cases the party shall be placed in custody of the person legally entitled thereto, or if no one is so entitled, he shall be discharged.
History:
Laws 1884, ch. 1, § 20; C.L. 1884, § 2031; C.L. 1897, § 2800; Code 1915, § 2608; C.S. 1929, § 63-120; 1941 Comp., § 25-1120; 1953 Comp., § 22-11-20.
ANNOTATIONS
Petitioner remanded for new sentence where illegality is void sentence.
— Where illegality of restraint complained of in habeas corpus is imposition of void sentence on legal conviction, petitioner should be remanded or detained for new sentence.
Jordan v. Swope
, 1932-NMSC-015, 36 N.M. 84, 8 P.2d 788.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 1 - Habeas Corpus › Section 44-1-21 - [Custody of petitioner pending decision.]

Until judgment is given upon the action, the officer before whom such party is brought may either commit such party to the custody of the sheriff of the county in which such officer is, or place him in such care or under such custody as his age and other circumstances require.
History:
Laws 1884, ch. 1, § 21; C.L. 1884, § 2032; C.L. 1897, § 2801; Code 1915, § 2609; C.S. 1929, § 63-121; 1941 Comp., § 25-1121; 1953 Comp., § 22-11-21.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Habeas Corpus § 145.
39A C.J.S. Habeas Corpus § 185.