reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-4 - [Transfer of title to new corporation.]

That the governor of the state of New Mexico is hereby authorized and empowered upon the application of the penitentiary of New Mexico, as a body corporate, to execute in the name of the state of New Mexico any necessary deed or deeds, or other conveyances or assurances of title to vest in the penitentiary of New Mexico, as a corporation, complete legal title to any and all real, personal or mixed property heretofore held, used and possessed by the state of New Mexico for the board of penitentiary commissioners [corrections department], and by the board of penitentiary commissioners [department] and their predecessors in office, and the secretary of state is authorized and directed to attest the signature of the governor to any such document and to affix the great seal of the state of New Mexico thereto.
History:
Laws 1939, ch. 55, § 4; 1941 Comp., § 45-104; 1953 Comp., § 42-1-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
compiler's notes to 33-2-1 NMSA 1978.
If property transferred to penitentiary, then right to repurchase lost.
— Sections 33-2-2 and 33-2-4 NMSA 1978 are applicable to penitentiary property; and if the property was, by the provisions of these sections, transferred to the penitentiary, then the right of repurchase created by Laws 1939, ch. 203 (since repealed) either never came into existence or was lost long prior to the quitclaim deed from grantor to grantee.
State v. Thomson
, 1969-NMSC-006, 79 N.M. 748, 449 P.2d 656.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-5 - Disposition of unneeded property.

A. If the penitentiary of New Mexico, as a body corporate, possesses any real, personal or mixed property of any kind that, in the judgment of the secretary of corrections is no longer required for the use of the penitentiary, then the penitentiary of New Mexico has the right to sell, trade, mortgage or otherwise alienate any real, personal or mixed property for such price and upon such terms as seems just and proper to the secretary of corrections, and the proceeds to be derived from any such transaction shall become the property of the penitentiary of New Mexico; provided, however, that in all cases of the sale, trade, mortgage or other alienation of real property belonging to the penitentiary of New Mexico, the same shall not take effect until approved by the department of finance and administration.
B. K-9 dogs are exempt from the provisions of Subsection A of this section. If the secretary of corrections finds that the K-9 dog presents no threat to public safety, the K-9 dog shall be released from public ownership as provided in this subsection. The K-9 dog shall first be offered to its trainer or handler free of charge. If the trainer or handler does not want to take ownership of the K-9 dog, then the K-9 dog shall be offered to an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 free of charge. If both of the above fail, the K-9 dog shall only be sold to a qualified individual found capable of providing a good home to the animal.
History:
Laws 1939, ch. 55, § 5; 1941 Comp., § 45-105; Laws 1951, ch. 61, § 2; 1953 Comp., § 42-1-5; Laws 1977, ch. 257, § 63; 2013, ch. 9, § 2.
ANNOTATIONS
Cross references.
— For Section 501(c)(3) of the Internal Revenue Code of 1986,
see
26 U.S.C.S. § 501(c)(3).
The 2013 amendment,
effective June 14, 2013, provided for the disposition of state-owned K-9 dogs and added Subsection B.
When state has fee simple title, use of property irrelevant.
— When state has fee simple title, the fact that the property is no longer used for the purposes to which it was put for almost 60 years (penitentiary purposes) makes no difference, and the provisions of this section become operative and authorize the disposition of the same as unneeded property.
State v. Thomson
, 1969-NMSC-006, 79 N.M. 748, 449 P.2d 656.
Department of finance and administration approves disposition of moneys received.
— Moneys received from the sale of penitentiary lands and deposited with the state treasurer may not be spent without prior approval of the state board of finance (now department of finance and administration). 1955 Op. Att'y Gen. No. 55-6141.
Expenses of prior sales reimbursable to building fund from subsequent sales.
— Expenses incurred for abstracts, legal fees and quiet title suits on lands previously sold by the penitentiary and paid from the severance tax building and improvement fund of 1953 are reimbursable to the building fund from the proceeds from the sale of other property. 1955 Op. Att'y Gen. No. 55-6141.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-7 - Penitentiary; conflict of interest[; penalties].

Should any member or employee of the corrections division [corrections department], officer or other employee of the penitentiary, become interested in any manner in any contract for providing provisions, clothing or other necessaries for the use of said penitentiary, or become in any way interested in any contract for buildings or the construction of any buildings of any kind connected with said penitentiary or for furnishing materials for any such building, such member, officer or employee so interested, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be removed from office, or employment and shall forfeit any interest he may have in such contract, and shall be fined not more than two thousand dollars ($2,000) nor less than five hundred dollars ($500).
History:
Laws 1889, ch. 76, § 20; C.L. 1897, § 3509; Code 1915, § 5035; C.S. 1929, § 130-118; 1941 Comp., § 45-116; 1953 Comp., § 42-1-16; Laws 1977, ch. 257, § 65.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
compiler's notes to 33-2-1 NMSA 1978.
Employees being interested in contracts or furnishing supplies prohibited.
— Members of boards of state institutions, their employees and officials, or employees of the state or of any institution or agency thereof are prohibited from becoming interested in any contract for expenditure of public money or for furnishing supplies to institutions of which they are board members or employees, and are liable to penalty imposed by appropriation acts. 1932 Op. Att'y Gen. No. 32-373.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-8 - [Accepting compensation from contractor; aiding escape of prisoner; penalties.]

No officer or other person employed in or about the penitentiary shall be permitted to receive any compensation or reward from any contractor, under penalty of dismissal from office, and forfeiture of all pay due, and if any officer procure the escape of any convict, or connive at, aid or assist in the escape of any convict from the penitentiary, whether such convict escape or not, he shall be guilty of felony and shall, upon conviction thereof, be sentenced to hard labor in the penitentiary for any term not less than one year, nor more than three years.
History:
Laws 1889, ch. 76, § 25; C.L. 1897, § 3514; Code 1915, § 5039; C.S. 1929, § 130-122; 1941 Comp., § 45-117; 1953 Comp., § 42-1-17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For penalty for officer or jailer permitting or allowing escape,
see
30-22-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-9 - Corrections department; contracts; gifts; penalties.

No officer or employee of the corrections department shall enter into any business venture or contract with or, under any pretense whatever, receive from any inmate or parolee any sum of money, emolument or reward or any article of value under the penalty of being discharged from service or from office and forfeiting all money, of whatever kind, due him, from the department or state, and being disqualified from ever holding that position in the future.
History:
Laws 1889, ch. 76, § 28; C.L. 1897, § 3517; Code 1915, § 5040; C.S. 1929, § 130-123; 1941 Comp., § 45-118; 1953 Comp., § 42-1-18; Laws 1977, ch. 257, § 66; 1982, ch. 43, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 C.J.S. Prisons and Rights of Prisoners §§ 20 to 22, 25, 26, 28, 29, 31, 35, 41, 42, 45 to 49, 63, 99, 105, 130.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-10 - Penitentiary; rules and regulations.

The corrections division [corrections department] shall make such rules and regulations for the government, discipline and police of the penitentiary, and for the punishment of the prisoners confined therein, not inconsistent with the law, as it may deem expedient, and until such regulations are made, the regulations now in force shall continue in force. The division [department] shall exercise a general superintendence and control over the government and disipline [discipline] of the penitentiary, cause such rules and regulations as it may prescribe for the government and discipline of the penitentiary to be printed and placed in some conspicuous place therein, and shall visit the said penitentiary once in each month, and inspect the same.
History:
Laws 1889, ch. 76, § 8; C.L. 1897, § 3498; Code 1915, § 5031; C.S. 1929, § 130-114; 1941 Comp., § 45-119; 1953 Comp., § 42-1-19; Laws 1977, ch. 257, § 67.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
compiler's notes to 33-2-1 NMSA 1978.
Cross references.
— For duty of warden to keep record of infractions,
see
33-2-32 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability for death of or injury to prisoner, 46 A.L.R. 94, 50 A.L.R. 268, 61 A.L.R. 569.
Constitutionality of statutes in relation to treatment or discipline of convicts, 50 A.L.R. 104.
Sterilization of criminals or defectives, 53 A.L.R.3d 960.
Propriety of telephone testimony or hearings in prison proceedings, 9 A.L.R.5th 451.
Validity under federal law of prison regulations relating to inmates' hair length and style, 62 A.L.R. Fed. 479.
72 C.J.S. Prisons and Rights of Prisoner § 75.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-12 - Visitors.

The following persons are authorized to visit the penitentiary at pleasure: the governor, judges of the supreme court and the secretary of the criminal justice department [corrections department] or his duly authorized representative; and no other persons shall be permitted to go within the walls of the penitentiary where the convicts are confined except by permission of the warden.
History:
Laws 1889, ch. 76, § 18; C.L. 1897, § 3507; Code 1915, § 5033; C.S. 1929, § 130-116; Laws 1939, ch. 55, § 11; 1941 Comp., § 45-121; 1953 Comp., § 42-1-21; Laws 1977, ch. 257, § 69.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
compiler's notes to 33-2-1 NMSA 1978.
Strip searches of prison visitors can be justified on basis of reasonable suspicion,
but only if such searches are conducted as part of a prison procedure that informs visitors before being searched that they have the right to refuse to be searched, in which case they will be escorted off the prison grounds.
State v. Garcia
, 1993-NMCA-105, 116 N.M. 87, 860 P.2d 217.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Penal and Correctional Institutions §§ 78, 80, 84.
Right of jailed or imprisoned parent to visit from minor child, 15 A.L.R.4th 1234.
72 C.J.S. Prisons and Rights of Prisoners § 105.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-12.1 - Corrections; family visits.

The secretary of corrections may promulgate rules and regulations providing for family visits between minimum or medium security inmates confined at state correctional facilities and their families. As used in this section:
A. "family" means the inmate's legal spouse, natural parents, adoptive parents, if the adoption occurred and a family relationship existed prior to the inmate's incarceration, stepparents or foster parents, grandparents, brothers and sisters, natural and adoptive children, stepchildren and grandchildren. The term does not include the inmate's aunts, uncles and cousins unless a bona fide foster relationship exists, nor does it include persons with only a common law relationship to the inmate; and
B. "family visit" means extended and overnight visitation between eligible inmates and their families with all necessary accommodations provided by the corrections department for this purpose at a reasonable charge to the inmate or his family to defray the costs of the accommodations. Families shall be required to provide food for the visit or, if security requires, to purchase all food for the visit from the department.
History:
Laws 1983, ch. 97, § 1.
ANNOTATIONS
Withdrawal of visitation privileges.
— Where the inmate's visitation privileges were withdrawn; the inmate was not given notice of any kind or an opportunity to be heard or present evidence; the inmate was not given a written statement prepared by an impartial fact finder regarding the evidence and reasons for the deprivation; and because there was no hearing, the inmate was not able to confront the inmate's accusors or cross-examine witnesses, the inmate's due process rights were violated.
Cordova v. LeMaster
, 2004-NMSC-026, 136 N.M. 217, 96 P.3d 778.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
State regulation of conjugal or overnight familial visits in penal or correctional institutions, 29 A.L.R.4th 1216.
Federal and state constitutions as protecting prison visitor against unreasonable searches and seizures, 85 A.L.R.5th 261.
Admissibility in sex offense case, under Rule 412 of federal Rules of Evidence, of evidence of victim's past sexual behavior, 166 A.L.R. Fed. 639.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-13 - Physician, physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice; rules; prisoner's disability; records.

A physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice, when visiting the penitentiary of New Mexico, shall conform to its rules and regulations. The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice shall express no opinion as to the disability of any prisoner except in records kept in the penitentiary.
History:
Laws 1889, ch. 76, § 44; C.L. 1897, § 3533; Code 1915, § 5025; C.S. 1929, § 130-108; 1941 Comp., § 45-122; 1953 Comp., § 42-1-22; 2015, ch. 116, § 13.
ANNOTATIONS
Cross references.
— For physical examination of entering prisoners,
see
33-2-16 NMSA 1978.
For notifying relatives of deceased persons,
see
24-12-1 NMSA 1978.
For when it is unlawful to furnish drugs or liquor to prisoner,
see
30-22-13 NMSA 1978.
The 2015 amendment,
effective June 19, 2015, included other health care professionals with each reference to "physician" as it relates to complying with rules and regulations in correctional facilities and keeping records of prisoners' disabilities; added the catchline; in the first sentence, deleted "The" and added "A", after "physician", added "or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice", after "penitentiary", added "of New Mexico", after "conform to", deleted "the" and added "its", after "rules and regulations.", deleted "thereof. He" and added "The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice", and after "any prisoner except in", deleted "his record which he shall keep" and added "records kept".
Temporary provisions.
— Laws 2015, ch. 116, § 16 provided that by January 1, 2016, every cabinet secretary, agency head and head of a political subdivision of the state shall update rules requiring an examination by, a certificate from or a statement of a licensed physician to also accept such examination, certificate or statement from an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Penal and Correctional Institutions § 91.
Medical or surgical services to prisoners, liability for, 44 A.L.R. 1285.
72 C.J.S. Prisons and Rights of Prisoners §§ 80 to 90.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-14 - Penitentiary; fire.

The corrections division [corrections department] shall take precaution to protect the penitentiary and all property connected therewith against fire, as far as possible, and shall procure such conveniences and the standards and inspection bureau shall prescribe such rules as will enable the convicts to be evacuated in the shortest possible time and secure their safety and custody in case of fire.
History:
Laws 1889, ch. 76, § 46; C.L. 1897, § 3535; Code 1915, § 5047; C.S. 1929, § 130-130; 1941 Comp., § 45-123; 1953 Comp., § 42-1-23; Laws 1977, ch. 257, § 70.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
compiler's notes to 33-2-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-15 - Penitentiary; duties.

The employees of the penitentiary shall perform such duties in the charge and oversight of the penitentiary, care of the property belonging thereto, and in the custody, government, employment and discipline of the convicts as shall be required of them by the corrections division [corrections department] or the warden, in conformity with law and rules and regulations prescribed for the government of the penitentiary.
History:
1953 Comp., § 42-1-25.1, enacted by Laws 1955, ch. 151, § 2; 1977, ch. 257, § 71.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
compiler's notes to 33-2-1 NMSA 1978.
Prison guards in the department of corrections are not law enforcement officers
for purposes of 41-4-3D NMSA 1978, because: (1) the principal duties of prison guards are to hold in custody persons who have already been convicted rather than merely accused of a criminal offense; (2) maintenance of public order relates to a public not a penitentiary setting; and (3) although prison guards may have the supplemental power to arrest pursuant to the guidelines of 33-1-10 NMSA 1978, their principal statutory duties are those set forth in this section.
Callaway v. N.M. Dep't of Corr.
, 1994-NMCA-049, 117 N.M. 637, 875 P.2d 393, cert. denied, 118 N.M. 90, 879 P.2d 91.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-16 - [Record on admission of prisoner; physical data; improvement or deterioration record.]

When any prisoner shall be received into said penitentiary, the superintendent [warden] shall cause to be entered into a register the date of such admission, the name, age, nativity, nationality, with such other facts as can be ascertained of parentage, education, occupation, and early social influences as seem to indicate the constitutional and acquired defects and tendencies of the prisoner. Based upon these, an estimate shall be made of the present condition of the prisoner, and the best probable plan of treatment.
The physician of said penitentiary shall carefully examine each prisoner when received and shall enter in a register to be kept by him, the name, nationality or race, the weight, stature and family history of each prisoner, also a statement of the condition of the heart, lungs, and other leading organs, the rate of the pulse and respiration, the measurement of the chest and abdomen, and any existing disease or deformity, or other disability, acquired or inherited.
Upon the superintendent's [warden's] register shall be entered from time to time minutes of observed improvement or deterioration of character, and notes as to the method and treatment employed; also all alterations affecting the standing or situation of such prisoner, and any subsequent facts or personal history which may be brought officially to his knowledge bearing upon the question of the parole or final release of the prisoner.
History:
1953 Comp., § 42-1-31.2, enacted by Laws 1955, ch. 149, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The references to "warden" in the first and third paragraphs were inserted by the compiler, as the 1977 amendments to a number of sections of this article, found in Laws 1977, ch. 257, §§ 64, 66, 69, 71, 76, 77 to 79, compiled as 33-2-6, 33-2-9, 33-2-12, 33-2-15, 33-2-32, 33-2-36, 33-2-37 NMSA 1978, substituted "warden" for "superintendent" so that retention of reference to "superintendent" in this section may have been a legislative oversight. But see, however, 33-1-2 NMSA 1978 defining "superintendent."
Cross references.
— For physician's opinion on inmate's disability,
see
33-2-13 NMSA 1978.
Section does not require entry of prisoner's release date on any record.
Rather it requires the keeping of records regarding matters which bear upon the question of final release.
Apodaca v. Rodriguez
, 1972-NMSC-067, 84 N.M. 338, 503 P.2d 318.
Records of state penitentiary are public records
and should be made available for public inspection in accordance with the provisions of Laws 1947, ch. 130. 1951 Op. Att'y Gen. No. 51-5342.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-17 - Id.; accounts; paying over funds.

The superintendent [warden] shall keep, or cause to be kept, in suitable books, regular and complete accounts of all income, business and concerns of the penitentiary, a true account of all money received for labor, or from other sources, and shall turn over said moneys to the state treasurer to be placed to the credit of the penitentiary convicts' earning fund.
History:
Laws 1889, ch. 76, § 37; C.L. 1897, § 3526; Code 1915, § 5060; C.S. 1929, § 130-143; Laws 1939, ch. 55, § 15; 1941 Comp., § 45-134; 1953 Comp., § 42-1-34.
ANNOTATIONS
Compiler's notes.
— The word "Id." in the catchline refers to the catchline "Superintendent; powers and duties" in the section which preceded this section in the 1915 Code.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
notes to 33-2-16 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 C.J.S. Prisons and Rights of Prisoners § 6.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-18 - Id.; collection and disbursement of funds.

The superintendent [warden] shall collect all moneys due to the penitentiary, except appropriations from the state, and shall pay the same over to the state treasury, to be placed to the credit of the penitentiary convicts' earning fund, taking a receipt for the same.
History:
Laws 1889, ch. 76, § 40; C.L. 1897, § 3529; Code 1915, § 5061; C.S. 1929, § 130-144; Laws 1939, ch. 55, § 16; 1941 Comp., § 45-135; 1953 Comp., § 42-1-35.
ANNOTATIONS
Compiler's notes.
— The word "Id." in the catchline refers to the catchline "Superintendent; powers and duties" in the section which preceded this section in the 1915 Code.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
notes to 33-2-16 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-20 to 33-2-25 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 127, § 20, repealed 33-2-20 through 33-2-25 NMSA 1978, relating to the performance of labor by prison inmates, effective June 19, 1981.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-26 - Payment of prisoners for services.

The corrections and criminal rehabilitation department [corrections department] may, by appropriate rules and regulations, establish and administer a plan for the payment of prisoners who perform useful services as prison labor. The payment shall be at a rate depending on the skill and efficiency of the prisoner.
History:
1953 Comp., § 42-1-49.1, enacted by Laws 1955, ch. 145, § 1; 1973, ch. 262, § 1; 1975, ch. 203, § 1; 1977, ch. 257, § 73; 1981, ch. 122, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
compiler's notes to 33-2-1 NMSA 1978.
Cross references.
— For inmate pay under the Corrections Industries Act,
see
33-8-8 NMSA 1978.
For payment of convict's net earnings to his family,
see
N.M. Const., art. XX, § 15.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Penal and Correctional Institutions §§ 168, 169.
18 C.J.S. Convicts §§ 13 to 15.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-28 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 127, § 20, repealed 33-2-27 and 33-2-28 NMSA 1978, relating to payment of prisoners' earnings, effective June 19, 1981.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-29 - Penitentiary; disease.

In case of any pestilence or contagious sickness breaking out among the convicts, the corrections division [corrections department] may cause the convicts confined therein or any of them to be removed to some suitable place of security where such of them as may be sick shall receive necessary medical attention and such convicts must be returned as soon as may be to the penitentiary to be confined according to their respective sentences, if the same be unexpired.
History:
Laws 1889, ch. 76, § 16; C.L. 1897, § 3505; Code 1915, § 5066; C.S. 1929, § 130-149; 1941 Comp., § 45-150; 1953 Comp., § 42-1-50; Laws 1977, ch. 257, § 75.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
compiler's notes to 33-2-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 C.J.S. Prisons and Rights of Prisoners § 85.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-30 - [Enforcing commands to prisoners; when wounding or killing justified.]

If a convict sentenced to the penitentiary resist the authority of any officer, or refuse to obey his lawful commands, it shall be the duty of such officer immediately to enforce obedience by the use of such weapons or other aid as may be effectual, and if in so doing, any convict thus resisting be wounded or killed by any such officer or his assistant, or any guard or other employe [employee], they shall be justified and shall be held guiltless; but such officer, assistant, guard or other employe [employee] shall not be excusable for using greater force than the emergency of the case demands.
History:
Laws 1889, ch. 76, § 14; C.L. 1897, § 3503; Code 1915, § 5064; C.S. 1929, § 130-147; 1941 Comp., § 45-151; 1953 Comp., § 42-1-51.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For peace officer powers of guards,
see
33-1-10 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Penal and Correctional Institutions §§ 174, 175, 177 to 179, 181 to 188, 190, 191, 195 to 207, 209, 210.
72 C.J.S. Prisons and Rights of Prisoners § 128.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-31 - [Suppressing disorder; escape and arrest; when wounding or killing justified.]

It shall be the duty of all the officers and other citizens of the state, by every means in their power, to suppress any insurrection, mutiny or disorder among convicts sentenced to the penitentiary and to prevent the escape or rescue of any such convicts therefrom, or from any other legal confinement, or from any person in whose legal custody they may be, and if in so doing or arresting any convict who may have escaped, such officer or other person should wound or kill such convict or other person aiding or assisting such convict, they shall be justified and held guiltless, but they shall not be excusable for using greater force than the emergency of the case demands.
History:
Laws 1889, ch. 76, § 15; C.L. 1897, § 3504; Code 1915, § 5065; C.S. 1929, § 130-148; 1941 Comp., § 45-152; 1953 Comp., § 42-1-52.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For escape from penitentiary,
see
30-22-9 NMSA 1978.
For assisting escape of prisoner,
see
30-22-11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40 Am. Jur. 2d Homicide § 24; 60 Am. Jur. 2d Penal and Correctional Institutions § 138.
Prosecutions of inmates of state or local penal institutions for crime of riot, 39 A.L.R.4th 1170.
6A C.J.S. Assault and Battery §§ 96-98; 40 C.J.S. Homicide §§ 104 to 106.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-32 - Penitentiary; record of misconduct.

It shall be the duty of the warden to keep a record book of all infractions of prison rules and regulations prescribed by the corrections division [corrections department].
History:
Laws 1889, ch. 76, § 51; C.L. 1897, § 3540; Code 1915, § 5068; C.S. 1929, § 130-151; 1941 Comp., § 45-153; 1953 Comp., § 42-1-53; Laws 1977, ch. 257, § 76.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
compiler's notes to 33-2-1 NMSA 1978.
Records need not be made open for public inspection.
1945 Op. Att'y Gen. No. 45-4823.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-33 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1977, ch. 216, § 17, repealed 42-1-54, 1953 Comp. (33-2-33 NMSA 1978), relating to deduction from sentence for good behavior, effective July 1, 1979. For provisions of the present Criminal Sentencing Act,
see
31-18-12 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-35 - [Application of law to convicts in penitentiary; relation back; escapers and revolters excepted.]

The provisions of this article shall apply to convicts in the penitentiary, excepting such convicts as have escaped from the penitentiary, or been concerned in any revolt whereby any convict has escaped, and shall operate back to the commencement of any such sentence of such convict.
History:
Laws 1889, ch. 76, § 50; C.L. 1897, § 3539; Code 1915, § 5074; C.S. 1929, § 130-162; 1941 Comp., § 45-156; 1953 Comp., § 42-1-56.
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 deleted "now" after "shall apply to convicts" and substituted "this article" for "this act." The words "this article" refer to Code 1915, ch. CI, art. 1, being §§ 5018 to 5087.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-37 - Restoration of forfeited meritorious deductions.

A. Meritorious deductions forfeited pursuant to Section 33-2-36 NMSA 1978 may be restored in whole or in part to a prisoner who is exemplary in conduct and work performance for a period of not less than six months following the date of forfeiture. Meritorious deductions may be restored upon recommendation of the classification supervisor, approval by the warden or the warden's designee and final approval by the director of the adult institutions division of the corrections department or the director's designee.
B. The provisions of this section also apply to the restoration of earned meritorious deductions for a prisoner confined in a:
(1) federal or out-of-state correctional facility; or
(2) correctional facility in New Mexico operated by a private company pursuant to a contract with the corrections department.
History:
1978 Comp., § 33-2-37, enacted by Laws 1988, ch. 78, § 7; 1999, ch. 238, § 3; 2006, ch. 82, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1988, ch. 78, § 7 repealed 33-2-37 NMSA 1978, as amended by Laws 1977, ch. 257, § 79, relating to the restoration of forfeited meritorious deductions by prison inmates, and enacted a new section, effective July 1, 1990.
Cross references.
— For applicability of Laws 1988, ch. 78,
see
33-2-49 NMSA 1978.
The 2006 amendment,
effective July 1, 2006, changed "committee" to "supervisor"; changed "warden" to "warden or the warden's designee"; and changed "secretary of corrections" to "director of the adult institutions division of the corrections department or the director's designee" in Subsection A.
The 1999 amendment,
effective July 1, 1999, designated the formerly undesignated paragraph as Subsection A, and, in that subsection, added "Meritorious" at the beginning of the first sentence and added the second sentence; and added Subsection B.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-40 - Fines and costs; service for.

All convicts sentenced to the penitentiary of New Mexico who have a fine or costs or both attached to the sentence shall not be required to serve more than fifteen days for the fine or costs.
History:
Laws 1913, ch. 50, § 2; Code 1915, § 5085; C.S. 1929, § 130-173; 1941 Comp., § 45-160; 1953 Comp., § 42-1-60; 1978 Comp., § 33-2-40; 2023, ch. 184, § 5.
ANNOTATIONS
Cross references.
— For the nonpayment of fines or costs of those committed to jail,
see
33-3-11 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, reduced the maximum period of incarceration served for nonpayment of fines or costs; added the section heading; and after "serve more than", deleted "thirty" and added "fifteen".
Defendant may not be imprisoned beyond maximum statutory sentence
because of his inability to pay the costs assessed against him as to do such would deprive defendant of equal protection of the law.
State v. Chavez
, 1974-NMCA-021, 86 N.M. 199, 521 P.2d 1040, cert. denied, 86 N.M. 189, 521 P.2d 1030.
Maximum of 30 days served even if two or more commitments.
— Inmates at the New Mexico state penitentiary are not required to serve more than 30 days for fines or costs attached to sentences when the inmates are sentenced on two or more commitments. 1959 Op. Att'y Gen. No. 59-31.
Maximum of 30 days to satisfy fine or costs or both.
— An inmate committed to serve one or more sentences in the New Mexico state penitentiary can satisfy a fine by serving not more than 30 days. Court costs should be satisfied by payment if the inmate or his relatives have the necessary funds available. If it is necessary for the inmate to serve time in order to satisfy either a fine or costs, or both, such time served should not exceed 30 days. 1959 Op. Att'y Gen. No. 59-31.
Payment of costs condition precedent to parole.
— The term necessary for the payment of costs is largely within the discretion of the prison board (now corrections department); also it makes such payment a condition precedent to a parole. 1923 Op. Att'y Gen. No. 23-3678.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Indigency of offender as affecting validity of imprisonment as alternative to payment of fine, 31 A.L.R.3d 926.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-42 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 127, § 20, repealed 33-2-41 and 33-2-42 NMSA 1978, relating to the use of inmates for conservation and development work and the jurisdiction of the warden over discipline and control of prisoners, effective June 19, 1981.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-43 - Penitentiary inmate-release program; establishment.

The superintendent [warden] of the penitentiary of New Mexico may institute an inmate-release program and allow penitentiary inmates to attend school or to be employed in private business while under sentence of confinement in the penitentiary if:
A. employment of a prisoner does not result in the displacement of employed workers or impair existing contracts for services and is not in a skill, craft or trade in which a surplus of available gainful labor exists in the locality;
B. rates of pay and other conditions of employment are not less than those paid or provided for work of a similar nature in the locality in which the work is performed;
C. prisoners authorized to work at paid employment under the inmate-release program are required to pay appropriate and reasonable costs incident to the program and to their confinement as prescribed by the superintendent; and
D. prisoners participating in the inmate-release program are volunteers who meet standards prescribed by law.
History:
1953 Comp., § 42-1-78, enacted by Laws 1969, ch. 166, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
notes to 33-2-16 NMSA 1978.
Cross references.
— For the constitutional authorization of labor by penitentiary inmates,
see
N.M. Const., art. XX, § 15.
Injured prisoner entitled to workers' compensation.
— A prisoner who voluntarily participated in a work-release program and was injured while under the direction of a private business was an "employee" of that business and thus entitled to workers' compensation benefits.
Benavidez v. Sierra Blanca Motors
, 1995-NMCA-140, 120 N.M. 837, 907 P.2d 1018,
rev'd in part on other grounds
, 1996-NMSC-045, 122 N.M. 209, 922 P.2d 1205.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Denial of state prisoner's application for, or revocation of, participation in work or study release program or furlough program as actionable under Civil Rights Act of 1871 (42 USCS § 1983), 55 A.L.R. Fed. 208.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-44 - Inmate-release program; standards for participation.

The superintendent [warden] may, under the inmate-release program and at the request of a prisoner, extend the limits of confinement beyond the penitentiary by authorizing the prisoner to work at paid employment in private business or in public employment, or to attend a school while continuing as a prisoner, if the prisoner:
A. is a trusty or a minimum-custody inmate;
B. has physical and mental ability to fully perform the proposed assignment consistent with his capacities and free from any outpatient care that would interfere with full performance;
C. is not afflicted with any serious emotional or personality defect;
D. has not been convicted of a crime involving assaultive sexual conduct nor violence to a child, nor has been linked with organized criminal activity; and
E. would not, in the opinion of the superintendent, be likely to evoke an adverse public reaction by his presence in the community.
History:
1953 Comp., § 42-1-79, enacted by Laws 1969, ch. 166, § 2; 1971, ch. 281, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
notes to 33-2-16 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Denial of state prisoner's application for, or revocation of, participation in work or study release program or furlough program as actionable under Civil Rights Act of 1871 (42 USCS § 1983), 55 A.L.R. Fed. 208.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-45 - Inmate-release program; visitation privileges.

The superintendent [warden] may authorize any prisoner volunteering for the inmate-release program to visit specifically designated places for a period not exceeding thirty days and to return to the penitentiary. This extension of the limits of confinement may be granted only for the purpose of contacting prospective employers, attendance at job or school interviews or any other reason consistent with pre-parole analysis and parole prediction, the inmate-release program and the public interest.
History:
1953 Comp., § 42-1-80, enacted by Laws 1969, ch. 166, § 3; 1971, ch. 281, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
See
notes to 33-2-16 NMSA 1978.
Prisoner release programs.
— Prisoner release programs, developed by local jails, are not subject to the 30-day limitation of this section.
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 2 - State Correctional Facilities › Section 33-2-46 - Inmate-release program; escape.

Any prisoner whose limits of confinement have been extended, or who has been granted a visitation privilege under the inmate-release program, who willfully fails to return to the designated place of confinement within the time prescribed, with the intent not to return, is guilty of an escape.
Whoever is convicted of an escape under the provisions of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
1953 Comp., § 42-1-81, enacted by Laws 1969, ch. 166, § 4; 1975, ch. 210, § 1; 1980, ch. 22, § 1.
ANNOTATIONS
Willfulness.
— Willfulness is an essential element of the crime of escape from the inmate-release program, and the term means a conscious, purposeful failure to return within the time fixed as distinguished from an involuntary failure to return.
State v. Rosaire
, 1996-NMCA-115, 123 N.M. 250, 939 P.2d 597,
aff'd
, 1997-NMSC-034, 123 N.M. 701, 945 P.2d 66.
Burden of proof.
— A defendant may be guilty under this section if he or she intends not to return at the time fixed, but the state must prove beyond a reasonable doubt that the failure to return at the time fixed is not only purposeful but also without justification or excuse.
State v. Rosaire
, 1997-NMSC-034, 123 N.M. 701, 945 P.2d 66.
Crime of specific intent.
— The crime described by this section, escape from an inmate-release program, is a specific intent crime.
State v. Tarango
, 1987-NMCA-027, 105 N.M. 592, 734 P.2d 1275, cert. denied 105 N.M. 521, 734 P.2d 761,
overruled on other grounds by
Zurla v. State
, 1990-NMSC-011, 109 N.M. 640, 789 P.2d 588.
Jury instructions.
— Jury instruction based on UJI 14-2228 was defective because it did not contain the element of "willfulness" as required by this section.
State v. Rosaire
, 1997-NMSC-034, 123 N.M. 701, 945 P.2d 66 (decided under prior law).
Habitual offender enhancement of an escape conviction
does not constitute double jeopardy.
State v. Najar
, 1994-NMCA-098, 118 N.M. 230, 880 P.2d 327, cert. denied, 118 N.M. 90, 879 P.2d 91.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-47 - Inmate-release program; conditions of employment.

The state labor commissioner shall exercise the same supervision over conditions of employment for prisoners working under the inmate-release program as he does over conditions of employment for free persons. A prisoner working under the inmate-release program is not entitled to any benefits under the Employment Security Act [Unemployment Compensation Law] during the term of his sentence. No prisoner under the provisions of the inmate-release program is an agent, employee or involuntary servant of the penitentiary of New Mexico while attending school, working in private business or going to or from such assignment.
History:
1953 Comp., § 42-1-82, enacted by Laws 1969, ch. 166, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The reference to the "Employment Security Act" apparently means the Unemployment Compensation Law.
See
Chapter 51 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-48 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 210, § 4 repealed 33-2-48 NMSA 1978, as amended by Laws 1985, ch. 63, § 1, relating to notification upon escape of an inmate, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-49 - Applicability [of Laws 1988, Chapter 78].

The provisions of this act apply only to persons convicted of crimes committed on or after the effective date of this act. A person convicted of a crime committed prior to the effective date of this act shall be subject to the law in effect at the time the crime was committed.
History:
Laws 1988, ch. 78, § 9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The phrase "this act" means Laws 1988, ch. 78, which appears as 33-11-1 to 33-11-3, 33-2-34, 33-2-36, 33-2-37 NMSA 1978.
The phrase "effective date of this act" means May 18, 1988, the effective date of Laws 1988, ch. 78.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 2 - State Correctional Facilities › Section 33-2-50 - Pilot minimum security inmate work crew program created; purpose; administration of program.

There is created a "pilot minimum security inmate work crew program" in the park and recreation division of the energy, minerals and natural resources department. The pilot program shall be implemented in state parks within close proximity to state minimum security correctional facilities. The purpose of the pilot program is to utilize minimum security inmate work crews for assistance with litter and trash pick-up, masonry, construction, painting, grounds maintenance and overall beautification efforts in state parks. The park and recreation division of the energy, minerals and natural resources department shall develop policies and procedures for administration of the pilot minimum security inmate work crew program.
History:
Laws 1991, ch. 88, § 1.