reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-51 - Discharge; opioid use disorder; opioid overdose education; naloxone.

A. As corrections department funding and department supplies of naloxone permit, upon discharge of an inmate who has been diagnosed with an opioid use disorder from a corrections facility, regardless of whether that inmate has received treatment for that disorder, the corrections department shall:
(1) ensure that the inmate is provided with opioid overdose education that:
(a) conforms to department of health or federal substance abuse and mental health services administration guidelines for opioid overdose education;
(b) explains the causes of an opioid overdose;
(c) instructs when and how to administer in accordance with medical best practices: 1) life-saving rescue techniques; and 2) an opioid antagonist; and
(d) explains how to contact appropriate emergency medical services; and
(2) provide the inmate, as the inmate leaves the correctional facility, with:
(a) two doses of naloxone in either a generic form or in a form approved by the federal food and drug administration; and
(b) a prescription for naloxone.
B. As used in this section:
(1) "corrections facility" means a prison or other detention facility, whether operated by a government or private contractor, that is used for confinement of adult or juvenile persons who are charged with or convicted of a violation of a law or an ordinance; and
(2) "naloxone" means naloxone hydrochloride, which is an opioid antagonist for the treatment of an opioid overdose.
History:
Laws 2017, ch. 59, § 3.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 59 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2A - Corrections Population Control › Section 33-2A-1 - Short title.

This act [33-2A-1 to 33-2A-8 NMSA 1978] may be cited as the "Corrections Population Control Act".
History:
Laws 2002, ch. 8, § 1.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2A - Corrections Population Control › Section 33-2A-2 - Purpose.

The purpose of the Corrections Population Control Act is to establish a corrections population control commission that shall operate as an autonomous, nonpartisan body. The commission shall develop and implement mechanisms to prevent the inmate population from exceeding the rated capacity of correctional facilities and shall take appropriate action when necessary to effect the reduction of the inmate population.
History:
Laws 2002, ch. 8, § 2.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2A - Corrections Population Control › Section 33-2A-3 - Definitions.

As used in the Corrections Population Control Act:
A. "commission" means the corrections population control commission;
B. "female correctional facilities" means:
(1) the women's correctional facility, located in Grants; and
(2) any other female correctional facility so designated by the corrections department;
C. "male correctional facilities" means:
(1) the penitentiary of New Mexico, located in Santa Fe;
(2) the central New Mexico correctional facility, located in Los Lunas;
(3) the southern New Mexico correctional facility, located in Las Cruces;
(4) the western New Mexico correctional facility, located in Grants;
(5) the Roswell correctional facility, located in Hagerman;
(6) the Guadalupe county correctional facility, located in Santa Rosa;
(7) the Lea county correctional facility, located in Hobbs; and
(8) any other male correctional facility so designated by the corrections department;
D. "nonviolent offender" means:
(1) a person convicted only of possession of a controlled substance, pursuant to the provisions of Section 30-31-23 NMSA 1978;
(2) a person incarcerated for violating the conditions of his parole plan due to use or possession of a controlled substance whose original conviction was for commission of a nonviolent offense; or
(3) an inmate designated by the commission as a nonviolent offender; provided that the offender was convicted for the commission of a nonviolent offense, as that term is defined in Subsection L of Section 33-2-34 NMSA 1978; and
E. "rated capacity" means the actual general population bed space, including only individual cells and areas designed for the long-term housing of inmates, available in female correctional facilities or male correctional facilities as certified by the secretary of corrections and subject to applicable state and federal law.
History:
Laws 2002, ch. 8, § 3.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2A - Corrections Population Control › Section 33-2A-4 - Repealed.

History:
Laws 2002, ch. 8, § 4; repealed by Laws 2002, ch. 8, § 8.
ANNOTATIONS
Repeals.
— Laws 2002, ch. 8, § 8 terminated the corrections population control commission, effective June 30, 2007. The duties and responsibilities of the commission were assumed by the secretary of corrections on July 1, 2007. For provisions of former section relating to the creation and membership of the corrections population control commission,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2A - Corrections Population Control › Section 33-2A-5 - Repealed.

History:
Laws 2002, ch. 8, § 5; repealed by Laws 2002, ch. 8, § 8.
ANNOTATIONS
Repeals.
— Laws 2002, ch. 8, § 8 terminated the corrections population control commission, effective June 30, 2007. The duties and responsibilities of the commission were assumed by the secretary of corrections on July 1, 2007. For provisions of former section relating to the duties of the corrections population control commission,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2A - Corrections Population Control › Section 33-2A-6 - Overcrowding; population control mechanism; procedures.

When the inmate population of female correctional facilities or male correctional facilities exceeds one hundred percent of rated capacity for a period of thirty consecutive days, the following measures shall be taken to reduce capacity:
A. the corrections department shall engage in all lawful and professionally appropriate efforts to reduce the inmate population to one hundred percent of rated capacity;
B. if inmate population is still in excess of one hundred percent of rated capacity after sixty consecutive days, the secretary of corrections shall notify the commission. Included in the notification shall be a list of nonviolent offenders who are within one hundred eighty days of their projected release date;
C. the commission shall convene within ten days to consider the release of nonviolent offenders on the list provided by the secretary of corrections. The commission shall also discuss with the corrections department the impact on the inmate population of possible changes in the classification system and expanding incarceration alternatives;
D. for nonviolent offenders approved by the commission for release, the commission shall grant emergency release credits in ten-day increments that will be applied to the sentences being served by the nonviolent offenders. The commission shall order release of the appropriate number of nonviolent offenders to reduce the inmate population; and
E. notwithstanding any other provisions of this section, a nonviolent offender shall not be released:
(1) unless the nonviolent offender has a parole plan pursuant to applicable parole board regulations;
(2) if the information concerning the nonviolent offender is discovered to be materially inaccurate;
(3) if the nonviolent offender committed a crime while incarcerated;
(4) if the nonviolent offender fails a drug screening test within ten days of his scheduled release; or
(5) if the effect of releasing nonviolent offenders will result in the loss of federal funds to any agency of the state.
History:
Laws 2002, ch. 8, § 6.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2A - Corrections Population Control › Section 33-2A-7 - Additional population control mechanisms.

A. The governor may order the commission to convene at any time to consider the release of nonviolent offenders who are within one hundred eighty days of their projected release date. When the governor orders the commission to convene, the commission shall comply with the provisions of Subsections C through E of Section 6 [33-2A-6 NMSA 1978] of the Corrections Population Control Act.
B. The commission may order itself to convene at any time to consider the release of nonviolent offenders who are within one hundred eighty days of their projected release date, upon a two-thirds' vote by members who are appointed. When the commission orders itself to convene, the commission shall comply with the provisions of Subsection C through E of Section 6 of the Corrections Population Control Act.
History:
Laws 2002, ch. 8, § 7.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2A - Corrections Population Control › Section 33-2A-8 - Termination of agency life; transfer of functions.

The corrections population control commission is terminated on June 30, 2007. On July 1, 2007, the secretary of corrections shall assume the duties and responsibilities of the commission.
History:
Laws 2002, ch. 8, § 8.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-2 - Joint agreements for the construction, management and operation of correctional and detention facilities and jails.

A. Notwithstanding the provisions of Subsection A of Section 33-3-1 NMSA 1978, the board of county commissioners of a county may enter into an agreement with other counties and municipalities to provide for the construction, maintenance or operation of one or more jails or correctional or detention facilities for confinement of persons charged with crimes, violations of municipal or county ordinances or committed to jail.
B. The agreement authorized in Subsection A of this section may provide for the control of the indicated facilities by the sheriff of the county in which the facility is located or by a jail administrator as defined in Section 4-44-19 NMSA 1978 or by an independent contractor, and the agreement shall state the manner in which the person in control shall be selected if it is other than the sheriff.
C. In a class A county utilizing a joint city and county jail, municipalities shall pay a fee to the board of county commissioners for each prisoner housed in the county jail charged with municipal offenses or arrested by municipal officers. The fee shall be a reasonable fee established by the board of county commissioners and approved by the local government division of the department of finance and administration.
D. No agreement or an amendment to an agreement authorized by this section is effective until it is approved by the local government division of the department of finance and administration.
History:
1953 Comp., § 42-2-1.1, enacted by Laws 1972, ch. 69, § 1; 1983, ch. 181, § 4; 1984, ch. 22, § 5; 1989, ch. 277, § 1.
ANNOTATIONS
Cross references.
— For use of county jail by municipality,
see
3-18-20 NMSA 1978.
The 1989 amendment,
effective June 16, 1989, inserted "as defined in Section 4-44-19 NMSA 1978" and "by an" in Subsection B, added present Subsection C, and redesignated former Subsection C as present Subsection D.
Board of commissioners may impose fee for each municipal prisoner incarcerated in county jail.
1979 Op. Att'y Gen. 79-41.
"Other qualified individuals" formerly referred to in Subsection B must be public officers
or employees, not private persons acting as independent contractors. 1983 Op. Att'y Gen. No. 83-05 (rendered prior to 1984 amendment).
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-4 - Inspection of jails and detention centers; report.

Each governing body of a county or municipality shall conduct an annual site visit to the jail or detention center under its jurisdiction to inspect the overall conditions at the facility. Following a site visit, an inspection report shall be presented at a regular meeting of the governing body.
History:
Laws 1865-1866, ch. 19, § 3; C.L. 1884, § 470; C.L. 1897, § 823; Code 1915, § 3035; C.S. 1929, § 75-103; 1941 Comp., § 45-203; 1953 Comp., § 42-2-3; Laws 1983, ch. 181, § 5; 1984, ch. 22, § 6; repealed and reenacted by Laws 2011, ch. 142, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 2011, ch. 142, § 1 repealed former 33-3-4 NMSA 1978 and enacted a new section, effective June 17, 2011.
Cross references.
— For the definition of jail administrator,
see
4-44-19 NMSA 1978.
County liability.
— Where a county has contracted with a private, independent contractor to operate a county jail, but pursuant to this section, the county retains oversight responsibilities over the operation of its detention center and has, therefore, not delegated complete authority to the contractor for the operation of the jail, the county retains liability under 42 U.S.C.S. § 1983 for any unconstitutional policies or customs the contractor may have adopted or created.
Herrera v. County of Santa Fe
, 213 F. Supp. 2d 1288 (D.N.M. 2002).
Irrespective of duty to inspect, sheriffs have control of jail.
— While the county commissioners have the duty to inspect jails at least twice (now once) a year, the jails are under the control of the sheriffs of the respective counties. 1969 Op. Att'y Gen. No. 69-50.
Commissioners to report violations to district court only.
— In the event the county commissioners discover some violations of law during an inspection of the jails, this section limits the action they may take reporting any violations they find to the district court. 1969 Op. Att'y Gen. No. 69-50 (rendered under prior law).
Commissioners to decide whether prisoner freedom policy improper.
— The county commissioners should make the determination of whether or not a sheriff's policy regarding prisoner freedom during the term of confinement amounts to an application of improper discipline, and if the board determines that such is the case it should report the same to the district court. 1963 Op. Att'y Gen. No. 63-142 (rendered under prior law).
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. —
72 C.J.S. Prisons and Rights of Prisoners §§ 7 to 19.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-5 - Cleanliness and feeding prisoners.

It shall be the duty of the sheriff, jail administrator or independent contractor of each jail of the several counties of this state to keep the jails of their respective counties clean and healthy, and they shall observe special care as to the personal cleanliness of all prisoners under their charge.
History:
Laws 1865-1866, ch. 19, § 7; C.L. 1884, § 474; C.L. 1897, § 827; Code 1915, § 3040; C.S. 1929, § 75-108; 1941 Comp., § 45-204; 1953 Comp., § 42-2-4; Laws 1983, ch. 181, § 6; 1984, ch. 22, § 7.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers deleted from the end of this section a provision which read: "and when said sheriff is required by law to feed prisoners, he shall see that the diet furnished them is healthy, furnished at proper hours and in sufficient quantities, which shall be given them three times a day," possibly as superseded by 33-3-6 NMSA 1978.
Cross references.
— For the definition of jail administrator,
see
4-44-19 NMSA 1978.
Sheriff to make available medical care to indigents and nonindigents.
— Sheriffs and persons charged with custody of county prisoners should make available medical care, where necessary, for prisoners out of funds available in the indigent fund of the county, if in fact such persons are indigent within the provisions of the laws, and if such prisoners are not indigent persons but have such means to provide for their own expenses, the county is not liable for such expense. 1954 Op. Att'y Gen. No. 54-5928.
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. —
60 Am. Jur. 2d Penal and Correctional Institutions §§ 22 to 24.
72 C.J.S. Prisons and Rights of Prisoners §§ 63 to 79.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-6 - Food for prisoners.

The sheriffs, jail administrators or independent contractors of each county in the state shall supply with food the prisoners in their jails, and at all times all food so furnished shall be of a good and wholesome quality and sufficient in quantity for the proper maintenance of life.
History:
Laws 1891, ch. 57, § 1; C.L. 1897, § 828; Code 1915, § 3041; C.S. 1929, § 75-109; 1941 Comp., § 45-205; 1953 Comp., § 42-2-5; Laws 1983, ch. 181, § 7; 1984, ch. 22, § 8.
ANNOTATIONS
Cross references.
— For the definition of jail administrator,
see
4-44-19 NMSA 1978.
For allowances for feeding prisoners and guards,
see
4-44-19, 4-44-20 NMSA 1978.
Law reviews.
— For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-7 - Record of prisoners; escapes.

It shall be the duty of the sheriffs, jail administrators or independent contractors of the various jails to keep a faithful and true statement of all the prisoners detained and under their charge. The statement shall set forth the name of each person committed to jail, stating his place of residence, the date of his imprisonment, the cause of confinement and the authority committing him; provided that if the person who shall have been committed to jail shall afterwards obtain his liberty, the same shall be so stated in said book, setting forth the authority by which he was set at liberty; and in like manner, should any prisoner make his escape, the time thereof shall be stated, and the manner in which the escape was made.
History:
Laws 1865-1866, ch. 19, § 8; C.L. 1884, § 475; C.L. 1897, § 829; Code 1915, § 3042; C.S. 1929, § 75-110; 1941 Comp., § 45-206; 1953 Comp., § 42-2-6; Laws 1983, ch. 181, § 8; 1984, ch. 22, § 9.
ANNOTATIONS
Cross references.
— For the definition of jail administrator,
see
4-44-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-8 - Rules for punishment.

The sheriffs, jail administrators or independent contractors in charge of the respective jails shall submit proposed rules and regulations which shall be effective upon being adopted by the local governing body or bodies responsible for the jail for the punishment of persons violating the rules of the jail.
History:
Laws 1865-1866, ch. 19, § 10; C.L. 1884, § 477; C.L. 1897, § 830; Code 1915, § 3043; C.S. 1929, § 75-111; 1941 Comp., § 45-207; 1953 Comp., § 42-2-7; Laws 1983, ch. 181, § 9; 1984, ch. 22, § 10.
ANNOTATIONS
Cross references.
— For the definition of jail administrator,
see
4-44-19 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Penal and Correctional Institutions §§ 138, 141, 143.
72 C.J.S. Prisons and Rights of Prisoners § 8.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 181, § 19, repealed 33-3-10 NMSA 1978, as enacted by Laws 1865-1866, ch. 19, § 11, relating to supplies for jails, effective March 19, 1983.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-12 - Commitments to be furnished; orders of release; penalty.

A. Every public officer who has power to order the imprisonment of any person for violation of law shall, on making such order, transmit to the sheriff, jail administrator or independent contractor of his respective county a true copy of the order so that the person imprisoned may be considered under his custody until expiration of the commitment or until further steps, as provided by law, are taken to obtain the prisoner's liberty, of which he shall, in due time, notify the sheriff, jail administrator or independent contractor in writing.
B. Any jailer who deliberately and knowingly releases a prisoner without an order of release as provided in this section, except upon expiration of the prisoner's term of commitment, is guilty of a misdemeanor and shall be removed from office.
History:
Laws 1863-1864, p. 96; C.L. 1865, ch. 92, § 22; C.L. 1884, § 484; C.L. 1897, § 835; Code 1915, § 3048; C.S. 1929, § 75-116; 1941 Comp., § 45-210; 1953 Comp., § 42-2-10; Laws 1968, ch. 62, § 155; 1983, ch. 181, § 12; 1984, ch. 18, § 2; 1984, ch. 22, § 12.
ANNOTATIONS
Cross references.
— For the definition of jail administrator,
see
4-44-19 NMSA 1978.
Responsibility for expenses and upkeep of prisoners.
— A county becomes responsible for paying the expenses and upkeep of prisoners arrested by municipal police on state charges at such times as the prisoners are delivered to the actual custody of the county jail, along with any necessary paperwork; a county becomes responsible for medical costs of indigent prisoners at the same time and in the same circumstances. 1985 Op. Att'y Gen. No. 85-03.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 C.J.S. Prisons and Rights of Prisoners § 155.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-13 - Prisoners waiting [awaiting] trial; confinement in county jail.

All persons charged with crime committed in the state, while awaiting indictment or trial on such charge, shall be incarcerated in the county jail of the county wherein such crime is alleged to have been committed or any facility operated by agreement between such counties or municipalities, except that such persons may be temporarily imprisoned in other places of confinement while being conveyed or awaiting conveyance to the jail of the proper county; provided that the sheriff or jail administrator of any county, having the custody of anyone charged with the commission of crime, shall be authorized to remove such person to another county jail or any other place of safety when in the opinion of the sheriff or jail administrator the life of such person or others is in imminent danger; provided further that this section shall not prevent a person being confined in a jail other than the one belonging to the county in which the crime charged is alleged to have been committed, when such person is confined in such other jail in consequence of having taken a change of venue to such other county.
History:
Laws 1889, ch. 8, § 1; C.L. 1897, § 837; Code 1915, § 3049; C.S. 1929, § 75-117; 1941 Comp., § 45-211; 1953 Comp., § 42-2-11; Laws 1983, ch. 181, § 13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the definition of jail administrator,
see
4-44-19 NMSA 1978.
Responsibility for expenses and upkeep of prisoners.
— A county becomes responsible for paying the expenses and upkeep of prisoners arrested by municipal police on state charges at such times as the prisoners are delivered to the actual custody of the county jail, along with any necessary paperwork; a county becomes responsible for medical costs of indigent prisoners at the same time and in the same circumstances. 1985 Op. Att'y Gen. No. 85-03.
Law reviews.
— For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-14 - [Confinement in county other than in which crime committed; expense borne by county; exception.]

Whenever any person shall be imprisoned in any county other than the county in which the crime is alleged to have been committed, in violation of this chapter, the expense of such imprisonment shall be borne by the county in which such person is so imprisoned; provided, that whenever any prisoner shall be removed to another county under the provisions of the preceding section [33-3-13 NMSA 1978] then, and in such case, the expense of removal and keeping such prisoner shall be paid by the county from which such prisoner was so removed.
History:
Laws 1889, ch. 8, § 2; C.L. 1897, § 838; Code 1915, § 3050; C.S. 1929, § 75-119; 1941 Comp., § 45-212; 1953 Comp., § 42-2-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1915 Code compilers substituted "this chapter" for "this act". "This act" refers to Laws 1889, ch. 8, compiled herein as 33-3-13, 33-3-14, 33-3-18 NMSA 1978. "This chapter" refers to 1915 Code, ch. 62, §§ 3033 to 3069, compiled herein as 29-1-3 to 29-1-6, 33-3-1, 33-3-3 to 33-3-8, 33-3-11 to 33-3-14, 33-3-16 to 33-3-19, 33-3-21, 33-3-22 NMSA 1978.
The 1915 Code compilers also substituted "the preceding section" for "section one of this act".
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-15 - Transfer of prisoner to another county or the penitentiary for safekeeping; expense.

Whenever the public welfare or the safe custody of a prisoner shall require, any district judge in the state of New Mexico in his discretion may order any person charged with the commission of a crime, or any person in the custody of the sheriff of any county in the district of the said judge, to be removed to another county jail, or to the state penitentiary, or to any other place of safety, when, in the opinion of the said district judge, it is advisable that such person or persons shall be removed for any purpose whatsoever.
Where a person, on the order of any district judge has been placed in the state penitentiary or a county jail for safekeeping, the expense incurred by said penitentiary or the sheriff of any county for the maintenance of said prisoner, shall be borne by the county from which said prisoner has been ordered, and said bill of expense shall be made a preferential bill of expense and shall be paid in full before any bill, fees or salaries of such county are paid; provided, however, that the said state penitentiary or sheriff shall only charge for the maintenance of said prisoner the legal rate now allowed by law. This section shall not authorize a charge against a county for expenses relating to any prisoner committed to the penitentiary as a result of a criminal conviction.
History:
Laws 1919, ch. 92, § 1; C.S. 1929, § 75-118; 1941 Comp., § 45-213; 1953 Comp., § 42-2-13; Laws 1955, ch. 105, § 1.
ANNOTATIONS
Person in penitentiary deemed county prisoner until sentencing.
— Person received at state penitentiary for safekeeping, under an order of the district judge made pursuant to this section, was a county prisoner from the time he was admitted to the time he was sentenced to the penitentiary, the sentence having been made retroactive to the date he was originally received at the penitentiary.
State v. Board of Cnty. Comm'rs
, 1935-NMSC-048, 39 N.M. 310, 46 P.2d 669.
County liable for maintenance pending appeal even where inadvertently committed.
— County was liable for maintenance of one confined in penitentiary pending appeal from felony conviction, although district court inadvertently committed him to the penitentiary instead of ordering his confinement therein for safekeeping, and although he was required to labor as a convict.
State v. Board of Cnty. Comm'rs
, 1928-NMSC-026, 33 N.M. 340, 267 P. 72.
Cost of keeping in penitentiary pending appeal chargeable to county.
— The cost of keeping a prisoner in the state penitentiary while his appeal is pending in the supreme court is chargeable to the county when the district court has not entered order transferring the prisoner to the penitentiary for safekeeping. 1947 Op. Att'y Gen. No. 47-5094.
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. —
60 Am. Jur. 2d Penal and Correctional Institutions § 218.
72 C.J.S. Prisons and Rights of Prisoners §§ 21, 130.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-17 - [Reports of federal prisoners presented to federal court; account of expenses; approval by court.]

The sheriffs of the different counties of this state, whenever they shall have under their charge any prisoner as set forth in the foregoing section [33-3-16 NMSA 1978], shall at each regular term of the district court for the United States, submit to said court a list of all the prisoners under their charge by authority of the United States, for the information of said court, setting forth the date of their imprisonment, by whom delivered into their custody and for what offense, accompanied with a just and correct account of all the expenses of their maintenance and detention, for the consideration of said district court of the United States, and for the approval and order of said court for the payment of the sum.
History:
Laws 1865-1866, ch. 19, § 16; C.L. 1884, § 483; C.L. 1897, § 834; Code 1915, § 3047; C.S. 1929, § 75-115; 1941 Comp., § 45-215; 1953 Comp., § 42-2-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-18 - Counties without jails; arrangements with other counties.

In case any county in this state lacks a jail or proper place of confinement for its prisoners, the board of county commissioners of that county shall make contractual arrangements with other counties, municipalities or independent contractors for the incarceration and care of its prisoners, and that jail so designated by any board of county commissioners of any county not having a jail or other proper place of confinement shall be the legal place of confinement of the prisoners of said county.
History:
Laws 1889, ch. 8, § 4; C.L. 1897, § 840; Code 1915, § 3051; C.S. 1929, § 75-120; 1941 Comp., § 45-216; 1953 Comp., § 42-2-16; Laws 1983, ch. 181, § 14; 1984, ch. 22, § 14.
ANNOTATIONS
Cross references.
— For joint agreements for construction, management and operation of correctional and detention facilities and jails,
see
33-3-2 NMSA 1978.
Law reviews.
— For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-19 - Prisoners in jails; work.

It is the duty of the sheriffs, jail administrators as defined in Section 4-44-19 NMSA 1978 or independent contractors in charge of the jails of the state to compel the prisoners who are sentenced to imprisonment in the jails to work on public projects without pay or remuneration whatsoever. A prisoner may be compelled to work a maximum of eight hours in a twenty-four-hour period; provided that a work period is followed by a rest period of a minimum of eight hours. No prisoner shall be compelled to work on Sundays and legal holidays. This work may be considered for good time reduction as provided in Section 33-3-9 NMSA 1978.
History:
Laws 1909, ch. 89, § 1; Code 1915, § 3052; C.S. 1929, § 75-121; 1941 Comp., § 45-217; 1953 Comp., § 42-2-17; Laws 1983, ch. 181, § 15; 1984, ch. 22, § 15; 1985, ch. 24, § 1.
ANNOTATIONS
Cross references.
— For the constitutional prohibition of leasing of convict labor by the state,
see
N.M. Const., art. XX, § 18.
Constitutionality of good time credit scheme.
— New Mexico's good time credit statutory scheme does not offend the constitutional guarantee of equal protection of the law; it is reasonable not to award good time credits for presentence confinement to detainees who are presumed innocent and therefore are not yet subject to rehabilitation efforts or to compulsory labor requirements, especially when they are held without systematic evaluation in county jails lacking rehabilitation programs.
State v. Aqui
, 1986-NMSC-048, 104 N.M. 345, 721 P.2d 771, cert. denied, 479 U.S. 917, 107 S. Ct. 321, 93 L. Ed. 2d 294 (1986).
Constitutionality of disallowing presentence good time credit.
— Failure to allow good time credit for presentence confinement does not subject a prisoner to double jeopardy.
Enright v. State
, 1986-NMSC-070, 104 N.M. 672, 726 P.2d 349.
New Mexico's statutory scheme, which does not allow good time credit for presentence confinement, does not offend the equal protection and due process guarantees of the New Mexico and United States constitutions.
Enright v. State
, 1986-NMSC-070, 104 N.M. 672, 726 P.2d 349.
Escape from work detail.
— Where defendant was assigned to a work detail at a county fairgrounds while serving a lawful sentence at a county jail, and it was while so assigned that the defendant escaped, the defendant is guilty of escape from jail.
State v. Gilman
, 1981-NMCA-123, 97 N.M. 67, 636 P.2d 886, cert. denied, 97 N.M. 483, 641 P.2d 514.
When county and board members not liable for injuries to prisoners.
— In the absence of a statute whereby liability and permission to sue a creature of the state is provided, neither the county nor individual members of a board of county commissioners are liable for injuries sustained by prisoners engaged in maintenance work of courthouse grounds. 1957 Op. Att'y Gen. No. 57-220.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Penal and Correctional Institutions §§ 162 to 173.
18 C.J.S. Convicts §§ 13 to 15; 72 C.J.S. Prisons and Rights of Prisoners §§ 124 to 129.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 181, § 19, repealed 33-3-20 NMSA 1978, as enacted by Laws 1909, ch. 89, § 2, relating to duty of sheriffs to enforce provisions for labor, effective March 19, 1983.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-21 - Commitments by magistrates; confinement in town jail.

Whenever in any incorporated town or village situated more than fifty miles from the county seat of the county in which such town or village is situated any person shall be tried before any magistrate whose precinct or any part thereof is embraced within such town or village for any offense against the laws of the state amounting to a misdemeanor and who shall be convicted thereof and be sentenced to be confined in the county jail, either as a part of the punishment inflicted for such offense or for the nonpayment of the fine and costs that may be assessed against the person, it shall be lawful for the sheriff receiving the order of commitment to confine the defendant in the jail belonging to such town or village for the period or term directed in the judgment or order of commitment. For the purposes of this [section] and Section 33-3-22 NMSA 1978, the jail of such town or village is hereby declared to be a county jail.
History:
Laws 1893, ch. 35, § 1; C.L. 1897, § 3233; Code 1915, § 3054; C.S. 1929, § 75-123; 1941 Comp., § 45-219; 1953 Comp., § 42-2-19; Laws 1983, ch. 181, § 16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Section exception to 33-3-3 NMSA 1978.
— Those convicted of state laws are to be committed to the county jail except in cases where such persons are convicted of such an offense by a justice of the peace (now magistrate) whose precinct is within a town or village more than 50 miles from the county seat. However, the county is still liable for upkeep of the prisoner. 1968 Op. Att'y Gen. No. 68-21.
Law reviews.
— For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-22 - Town or village jails.

The boards of county commissioners in the several counties of the state are authorized and empowered to care for the feeding and guarding of the prisoners confined in the jail of any such town or village and to pay out of the county treasury to the trustees of such town or village for the feeding and guarding of such prisoners.
History:
Laws 1893, ch. 35, § 2; C.L. 1897, § 3234; Code 1915, § 3055; C.S. 1929, § 75-124; 1941 Comp., § 45-220; 1953 Comp., § 42-2-20; Laws 1983, ch. 181, § 17.
ANNOTATIONS
Cross references.
— For allowance for feeding jail prisoners,
see
4-44-19, 4-44-20 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-23 - Confinement of prisoners committed by Indian government; cost.

A. Subject to the payment by the Indian tribe, band or pueblo or the United States of the fees established for the jail, the sheriff of each county, his deputy, jailer, jail administrator or independent contractor is required to receive any person committed to his custody in conformity with a regular process issued by or under the authority of any Indian tribe, band or pueblo in New Mexico and is further required to retain custody until such person is placed at liberty according to the laws of the United States or of the Indian tribe, band or pueblo.
B. No sheriff, jail administrator or independent contractor shall be required to receive any such committed person if to do so would exceed the capacity of the facility. The sheriff, jail administrator or independent contractor may also return any prisoner received by him under this section to the committing authority if the capacity of the facility is exceeded.
History:
1953 Comp., § 42-2-21, enacted by Laws 1959, ch. 104, § 1; 1983, ch. 181, § 18; 1984, ch. 22, § 16.
ANNOTATIONS
Cross references.
— For the definition of jail administrator,
see
4-44-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-24 - Prisoner-release program.

The sheriff of any county or the jail administrator of any jail with the approval of the board of county commissioners and the governing body of the municipality, as applicable, may establish a prisoner-release program in accordance with the provisions of Sections 33-2-43 and 33-2-44 NMSA 1978. The labor and industrial commission shall exercise the same supervision over conditions of employment for prisoners working under a prisoner-release program as it does over conditions of employment for free persons. A prisoner working under a prisoner-release program is not entitled to any benefits under the Unemployment Compensation Law [Chapter 51 NMSA 1978] during the term of his sentence. No prisoner involved in a prisoner-release program is an agent, employee or involuntary servant of a county jail while attending school, working in private business or going to or from such assignment.
History:
Laws 1981, ch. 4, § 1.
ANNOTATIONS
No 30-day limit on local prisoner release programs.
— Local program providing for electronic monitoring of prisoners is not limited to 30 days or less because Section 33-2-45 NMSA 1978 was not included in the authorizing statute, Section 33-3-24 NMSA 1978; therefore, a repeat driving while impaired offender was permitted to serve four months on electronic monitoring because it constituted official confinement.
State v. Frost
, 2003-NMCA-002, 133 N.M. 45, 60 P.3d 492, cert. denied, 133 N.M. 126, 61 P.3d 835.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3 - Jails › Section 33-3-26 - Agreements for jails or for jail services; pilot programs.

A. Any county or municipality may enter into an agreement, including an agreement with an independent contractor, to operate, or to provide and operate, jail facilities for the care and housing of prisoners; provided that, prior to July 1, 1987, no more than two pilot projects for operation, or provision and operation, of a jail by private independent contractors are hereby authorized in New Mexico; and further provided that the attorney general shall select, authorize and approve such pilot projects.
B. The attorney general shall monitor any pilot project and shall report to the first and second sessions of the thirty-seventh legislature and to the first session of the thirty-eighth legislature with analyses of the pilot projects, their success or failure, recommendations for modification or repeal of the law and suggestions for change in any future projects.
History:
1978 Comp., § 33-3-26, enacted by Laws 1984, ch. 22, § 17.
ANNOTATIONS
Guadalupe County correctional facility's contract
with the board of commissioners of Guadalupe County, a contract which is specifically authorized by law, vested the facility's employees with the authority to act as jailers.
State v. Young
, 2004-NMSC-015, 135 N.M. 458, 90 P.3d 477.
Exemptions from Procurement Code.
— A construction agreement that is entered into as part of an overall agreement for operation and provision of a jail pursuant to this section and Section 33-3-27 NMSA 1978 is exempt from the Procurement Code's requirements. The "financing and design" of a jail facility are also exempt from the Procurement Code, as long as the local public body does not have a direct contractual relationship with the parties responsible for designing and financing the facility. 1987 Op. Att'y Gen. No. 87-47.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Penal and Correctional Institutions §§ 8, 9, 11, 14.
72 C.J.S. Prisons and Rights of Prisoners § 3.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3B - County Detention Facility Reimbursement Act › Section 33-3B-1 - Short title.

This act [33-3B-1 to 33-3B-4 NMSA 1978] may be cited as the "County Detention Facility Reimbursement Act".
History:
Laws 2007, ch. 333, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 333, § 5 made the County Detention Facility Reimbursement Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3B - County Detention Facility Reimbursement Act › Section 33-3B-2 - Definitions.

As used in the County Detention Facility Reimbursement Act:
A. "county detention facility" means a facility that is owned, operated or under contract of operation by a board of county commissioners and that is used for the incarceration of prisoners charged with or convicted of a violation of local, state, tribal, federal or international law;
B. "division" means the local government division of the department of finance and administration;
C. "dual supervision offender" means an individual who is serving a probation term and a parole term;
D. "eligible county" means a county that provides information to the New Mexico sentencing commission regarding costs incurred by the county for the incarceration of felony offenders;
E. "felony offender" means an individual who is convicted of a felony and sentenced to confinement in a correctional facility designated by the corrections department and who:
(1) has been released from confinement and is a dual supervision offender and:
(a) has violated parole or is charged with a parole violation;
(b) has violated probation or is charged with a probation violation; or
(c) while on probation or parole, is charged with a violation of local, state, tribal, federal or international law;
(2) has been released from confinement and is serving a parole term and:
(a) has violated parole or is charged with a parole violation; or
(b) while on parole, is charged with a violation of local, state, tribal, federal or international law; or
(3) is awaiting transportation and commitment to the corrections department following the revocation of parole or a sentencing hearing for a felony conviction; and
F. "fund" means the county detention facility reimbursement fund.
History:
Laws 2007, ch. 333, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 333, § 5 made the County Detention Facility Reimbursement Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 3B - County Detention Facility Reimbursement Act › Section 33-3B-3 - Incarceration of felony offenders in county detention facilities; rate of reimbursement.

A. The distribution amount for each eligible county each fiscal year shall be derived by multiplying the total amount of money available in the fund for distribution pursuant to this section by the felony offender incarceration percentage for that county. The felony offender incarceration percentage shall be equal to a fraction:
(1) the numerator of which is the rolling average of the number of felony offenders incarcerated in an eligible county on June 30 of each of the three fiscal years immediately preceding the fiscal year in which the distribution is to be made pursuant to Section 4 [33-3B-4 NMSA 1978] of the County Detention Facility Reimbursement Act; and
(2) the denominator of which is the rolling average of the number of felony offenders incarcerated in all eligible counties on June 30 of each of the three fiscal years immediately preceding the fiscal year in which the distribution is to be made pursuant to Section 4 of the County Detention Facility Reimbursement Act.
B. Annually, on or before December 1, the New Mexico sentencing commission shall:
(1) determine the felony offender incarceration percentage for each eligible county;
(2) calculate the distribution amount for each eligible county by applying the formula in Subsection A of this section; and
(3) certify to the division the felony incarceration percentage and the distribution amount for each eligible county.
History:
Laws 2007, ch. 333, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 333, § 5 made the County Detention Facility Reimbursement Act effective July 1, 2007.