New Mexico Statutes
Chapter 33 - Correctional Institutions

Section 33-1-10 - Correctional officers; employees; acting as peace officers. - A. Correctional officers of the corrections department, or any employee...

Section 33-1-11 - Correctional officer qualifications. - Members of the corrections department correctional officer force, excluding correctional...

Section 33-1-12 - Corrections department; group life insurance. - Notwithstanding the provisions of Section 10-7-4 NMSA 1978 and in...

Section 33-1-13 to 33-1-16 - Terminated. - Terminations. — Laws 1981, ch. 339, §§ 1 to 4...

Section 33-1-17 - Private contract. - A. The corrections department may contract for the operation of...

Section 33-1-18 - Funds created. - There are created in the state treasury special funds to...

Section 33-1-19 - Use of funds. - A. The funds created in or pursuant to Section 33-1-18...

Section 33-1-20 - Transfers authorized. - Division transfers are specifically authorized for the administrative services division...

Section 33-1-21 - Corrections department required to accept and redispense unused prescriptions; conditions of acceptance and redispensing. - A. A pharmacy operated by the corrections department or under...

Section 33-1-22 - Correctional facilities; care coordination. - A. A correctional facility shall ensure that each inmate of...

Section 33-1-23 - Correctional facilities; breastfeeding and lactation policies. - A. By January 1, 2020, every correctional facility that houses...

Article 1A - Correctional Facilities Housing

Section 33-1A-1 - Lease of real property for correctional facility housing. - The facilities management division of the general services department is...

Section 33-1A-2 - Long-term lease of correctional facility housing by facilities management division; sublease to correctional officers and others. - In connection with and as part of the real property...

Section 33-1A-3 - Long-term correctional facility housing lease suspense fund established. - The facilities management division of the general services department shall...

Section 33-1A-4 - Lease terms. - A. Upon expiration of the long-term housing lease, the low-rent...

Section 33-1A-5 - Board of finance approval. - No lease of low-rent housing units constructed pursuant to Chapter...

Article 2 - State Correctional Facilities

Section 33-2-1 - Adoption of rules. - The corrections division [corrections department] shall adopt such rules concerning...

Section 33-2-2 - [Present penitentiary identified as one referred to in constitution as a beneficiary; rights and titles.] - The penitentiary of New Mexico as herein established as a...

Section 33-2-3 - [Previous matters unimpaired.] - That nothing in this act contained is intended to alter...

Section 33-2-4 - [Transfer of title to new corporation.] - That the governor of the state of New Mexico is...

Section 33-2-5 - Disposition of unneeded property. - A. If the penitentiary of New Mexico, as a body...

Section 33-2-6 - Improvements in penitentiary; labor by convicts. - The corrections division [corrections department] shall decide what improvements shall...

Section 33-2-7 - Penitentiary; conflict of interest[; penalties]. - Should any member or employee of the corrections division [corrections...

Section 33-2-8 - [Accepting compensation from contractor; aiding escape of prisoner; penalties.] - No officer or other person employed in or about the...

Section 33-2-9 - Corrections department; contracts; gifts; penalties. - No officer or employee of the corrections department shall enter...

Section 33-2-10 - Penitentiary; rules and regulations. - The corrections division [corrections department] shall make such rules and...

Section 33-2-11 - Corrections department powers; complaints. - A. The corrections department has the power and the duty...

Section 33-2-12 - Visitors. - The following persons are authorized to visit the penitentiary at...

Section 33-2-12.1 - Corrections; family visits. - The secretary of corrections may promulgate rules and regulations providing...

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...

Section 33-2-14 - Penitentiary; fire. - The corrections division [corrections department] shall take precaution to protect...

Section 33-2-15 - Penitentiary; duties. - The employees of the penitentiary shall perform such duties in...

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...

Section 33-2-17 - Id.; accounts; paying over funds. - The superintendent [warden] shall keep, or cause to be kept,...

Section 33-2-18 - Id.; collection and disbursement of funds. - The superintendent [warden] shall collect all moneys due to the...

Section 33-2-19 - What convicts to be confined. - Convicts sentenced to the corrections department for life or any...

Section 33-2-20 to 33-2-25 - Repealed. - Repeals. — Laws 1981, ch. 127, § 20, repealed 33-2-20...

Section 33-2-26 - Payment of prisoners for services. - The corrections and criminal rehabilitation department [corrections department] may, by...

Section 33-2-28 - Repealed. - Repeals. — Laws 1981, ch. 127, § 20, repealed 33-2-27...

Section 33-2-29 - Penitentiary; disease. - In case of any pestilence or contagious sickness breaking out...

Section 33-2-30 - [Enforcing commands to prisoners; when wounding or killing justified.] - If a convict sentenced to the penitentiary resist the authority...

Section 33-2-31 - [Suppressing disorder; escape and arrest; when wounding or killing justified.] - It shall be the duty of all the officers and...

Section 33-2-32 - Penitentiary; record of misconduct. - It shall be the duty of the warden to keep...

Section 33-2-33 - Repealed. - Repeals. — Laws 1977, ch. 216, § 17, repealed 42-1-54,...

Section 33-2-34 - Eligibility for earned meritorious deductions. - A. To earn meritorious deductions, a prisoner confined in a...

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...

Section 33-2-36 - Forfeiture of earned meritorious deductions. - A. Meritorious deductions earned by a prisoner may be forfeited...

Section 33-2-37 - Restoration of forfeited meritorious deductions. - A. Meritorious deductions forfeited pursuant to Section 33-2-36 NMSA 1978...

Section 33-2-38 - Computation of term. - A prisoner shall not be discharged from the penitentiary of...

Section 33-2-39 - [Separate sentences construed as cumulative.] - Whenever any convict shall have been committed under several convictions...

Section 33-2-40 - [Imprisonment for nonpayment of fine or costs attached to prison sentence; maximum.] - All convicts sentenced to the state penitentiary who have a...

Section 33-2-42 - Repealed. - Repeals. — Laws 1981, ch. 127, § 20, repealed 33-2-41...

Section 33-2-43 - Penitentiary inmate-release program; establishment. - The superintendent [warden] of the penitentiary of New Mexico may...

Section 33-2-44 - Inmate-release program; standards for participation. - The superintendent [warden] may, under the inmate-release program and at...

Section 33-2-45 - Inmate-release program; visitation privileges. - The superintendent [warden] may authorize any prisoner volunteering for the...

Section 33-2-46 - Inmate-release program; escape. - Any prisoner whose limits of confinement have been extended, or...

Section 33-2-47 - Inmate-release program; conditions of employment. - The state labor commissioner shall exercise the same supervision over...

Section 33-2-48 - Repealed. - Repeals. — Laws 1989, ch. 210, § 4 repealed 33-2-48...

Section 33-2-49 - Applicability [of Laws 1988, Chapter 78]. - The provisions of this act apply only to persons convicted...

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...

Section 33-2-51 - Discharge; opioid use disorder; opioid overdose education; naloxone. - A. As corrections department funding and department supplies of naloxone...

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...

Section 33-2A-2 - Purpose. - The purpose of the Corrections Population Control Act is to...

Section 33-2A-3 - Definitions. - As used in the Corrections Population Control Act: A. "commission"...

Section 33-2A-4 - Repealed. - History: Laws 2002, ch. 8, § 4; repealed by Laws...

Section 33-2A-5 - Repealed. - History: Laws 2002, ch. 8, § 5; repealed by Laws...

Section 33-2A-6 - Overcrowding; population control mechanism; procedures. - When the inmate population of female correctional facilities or male...

Section 33-2A-7 - Additional population control mechanisms. - A. The governor may order the commission to convene at...

Section 33-2A-8 - Termination of agency life; transfer of functions. - The corrections population control commission is terminated on June 30,...

Article 3 - Jails

Section 33-3-1 - Common jails; operation by sheriff, jail administrator or independent contractor. - A. The common jails shall be under the control of...

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...

Section 33-3-3 - Confinement of prisoners in county where offense committed. - The jail or jails in each county shall be used...

Section 33-3-4 - Inspection of jails and detention centers; report. - Each governing body of a county or municipality shall conduct...

Section 33-3-5 - Cleanliness and feeding prisoners. - It shall be the duty of the sheriff, jail administrator...

Section 33-3-6 - Food for prisoners. - The sheriffs, jail administrators or independent contractors of each county...

Section 33-3-7 - Record of prisoners; escapes. - It shall be the duty of the sheriffs, jail administrators...

Section 33-3-8 - Rules for punishment. - The sheriffs, jail administrators or independent contractors in charge of...

Section 33-3-9 - County jails; deduction of time for good behavior. - A. The sheriff or jail administrator of any county, with...

Section 33-3-10 - Repealed. - Repeals. — Laws 1983, ch. 181, § 19, repealed 33-3-10...

Section 33-3-11 - Jail for nonpayment of fine. - A. Whenever any person is committed to jail for nonpayment...

Section 33-3-12 - Commitments to be furnished; orders of release; penalty. - A. Every public officer who has power to order the...

Section 33-3-13 - Prisoners waiting [awaiting] trial; confinement in county jail. - All persons charged with crime committed in the state, while...

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...

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...

Section 33-3-16 - United States prisoners. - It shall be the duty of the sheriff of each...

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...

Section 33-3-18 - Counties without jails; arrangements with other counties. - In case any county in this state lacks a jail...

Section 33-3-19 - Prisoners in jails; work. - It is the duty of the sheriffs, jail administrators as...

Section 33-3-20 - Repealed. - Repeals. — Laws 1983, ch. 181, § 19, repealed 33-3-20...

Section 33-3-21 - Commitments by magistrates; confinement in town jail. - Whenever in any incorporated town or village situated more than...

Section 33-3-22 - Town or village jails. - The boards of county commissioners in the several counties of...

Section 33-3-23 - Confinement of prisoners committed by Indian government; cost. - A. Subject to the payment by the Indian tribe, band...

Section 33-3-24 - Prisoner-release program. - The sheriff of any county or the jail administrator of...

Section 33-3-25 - Local government corrections fund created; administration; distribution. - A. There is created in the state treasury the "local...

Section 33-3-26 - Agreements for jails or for jail services; pilot programs. - A. Any county or municipality may enter into an agreement,...

Section 33-3-27 - Jail agreements; approval; liability; termination; venue. - A. Agreements with a private independent contractor for the operation...

Section 33-3-28 - Jailers; peace officer powers. - A. Jailers and any employee of a local jail who...

Article 3A - DWI Alternative Facility

Section 33-3A-1 - Alternative sentencing facility; purpose; establishment; provisions. - A. The legislature recognizes that among individuals who drive under...

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...

Section 33-3B-2 - Definitions. - As used in the County Detention Facility Reimbursement Act: A....

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...

Section 33-3B-4 - County detention facility reimbursement fund created; distribution. - A. The "county detention facility reimbursement fund" is created in...

Article 4 - New Mexico Boys' School (Repealed.)

Section 33-4-1 to 33-4-6 - Repealed. - Repeals. — Laws 1988, ch. 101, § 51 repealed 33-4-1...

Article 5 - Girls' Welfare Home (Repealed.)

Section 33-5-2 - Repealed. - Repeals. — Laws 1988, ch. 101, § 51 repealed 33-5-1...

Article 6 - Juvenile Detention Homes

Section 33-6-1 - Juvenile detention homes in counties; establishment; equipment; enlargement; bond issues. - A. The board [boards] of county commissioners of counties in...

Section 33-6-2 - [Laws governing bond issues.] - The proceedings for calling, holding and canvassing the results of...

Section 33-6-3 - [Obtaining federal aid; donations for home.] - The respective boards of county commissioners are authorized and empowered...

Section 33-6-4 - [Contracts; general power of commissioners.] - The boards of county commissioners of the several counties are...

Section 33-6-5 - Maintenance and supervision of homes; rules. - When erected, such juvenile detention homes shall be maintained at...

Section 33-6-6 - Budget for maintenance of homes in counties; fund; disbursements. - For the purpose of maintaining juvenile detention homes in counties...

Section 33-6-7 - Home in one county keeping juveniles transferred from other counties; maintenance of juvenile. - In those counties without juvenile detention homes, if the district...

Section 33-6-8 - Budget for payment of charges; fund; disbursements. - When it is deemed advisable by the judge of the...

Section 33-6-9 - [Limitations on levies under 33-6-6, 33-6-8.] - The levy herein provided shall be within the limitations provided...

Section 33-6-10 - Board of county commissioners; power to appoint personnel. - The board [boards] of county commissioners of those counties which...

Article 7 - Prison Industries (Repealed.)

Section 33-7-1 to 33-7-12 - Repealed. - Repeals. — Laws 1981, ch. 127, § 20, repealed 33-7-1...

Article 8 - Corrections Industries

Section 33-8-1 - Short title. - Sections 1 through 15 [33-8-1 to 33-8-15 NMSA 1978] of...

Section 33-8-2 - Definitions. - As used in the Corrections Industries Act: A. "commission" means...

Section 33-8-3 - Purpose. - The purpose of the Corrections Industries Act is to enhance...

Section 33-8-4 - Prisoners to labor. - All persons convicted of crime and confined in a facility...

Section 33-8-5 - Repealed. - Repeals. — Laws 1987, ch. 75, § 4 repealed 33-8-5...

Section 33-8-5.1 - Corrections industries commission. - The "corrections industries commission" is created. The commission consists of...

Section 33-8-6 - Commission; powers and duties. - The commission has the following powers and duties to: A....

Section 33-8-6.1 - Repealed. - Repeals. — Laws 1985 (1st S.S.), ch. 7, § 6...

Section 33-8-7 - Corrections industries revolving fund created. - There is created in the state treasury a fund which...

Section 33-8-8 - Inmate compensation. - A. The commission shall establish and periodically review a plan...

Section 33-8-9 - Enterprises; working day. - The working hours of all enterprises shall be established in...

Section 33-8-10 - Repealed. - Repeals. — Laws 1984, ch. 65, § 175, repealed 33-8-10...

Section 33-8-11 - Repealed. - Repeals. — Laws 1985 (1st S.S.), ch. 7, § 5...

Section 33-8-12 - Products; sale; labeling requirement; penalty; exceptions. - A. Except as otherwise provided in this section, no product...

Section 33-8-12.1 - Repealed. - Repeals. — Laws 1987, ch. 5, § 4 repealed 33-8-12.1...

Section 33-8-12.2 - Corrections industries sales representatives. - A. The secretary of corrections may employ individuals necessary to...

Section 33-8-13 - Private industry on facility grounds. - A. The department secretary, upon recommendation of the commission, may...

Section 33-8-14 - Repealed. - Repeals. — Laws 1999, ch. 238, § 7 repealed 33-8-14...

Section 33-8-15 - Public works. - A. The department shall provide for the utilization of available...

Section 33-8-16 - Corrections; handiwork products. - The secretary of corrections and criminal rehabilitation [secretary of corrections]...

Article 9 - Adult Community Corrections

Section 33-9-1 - Short title. - Chapter 33, Article 9 NMSA 1978 may be cited as...

Section 33-9-2 - Definitions. - As used in the Adult Community Corrections Act: A. "department"...

Section 33-9-3 - Community corrections grant fund; established; co-payments. - A. There is created in the state treasury a special...

Section 33-9-4 - Fund; administration. - The department shall administer the fund and make grants to...

Section 33-9-5 - Criteria for applications. - A. Counties, municipalities or private organizations, individually or jointly, may...

Section 33-9-6 - Application review panel. - The department shall establish a panel to review all applications...

Section 33-9-7 - Repealed. - History: Laws 1983, ch. 202, § 7; 1988, ch. 101,...

Section 33-9-8 - Repealed. - History: Laws 1983, ch. 202, § 8; 1988, ch. 101,...

Section 33-9-9 - Sentencing; placement of offender. - A. In every case where the commitment of a person...

Section 33-9-9.1 - Community corrections; return of certain participants. - At any time during the period an inmate not on...

Section 33-9-10 - Annual report. - The department shall submit an annual report to the governor...

Article 9A - Juvenile Community Corrections

Section 33-9A-1 - Short title. - Chapter 33, Article 9A NMSA 1978 may be cited as...

Section 33-9A-2 - Definitions. - As used in the Juvenile Community Corrections Act: A. "delinquent"...

Section 33-9A-3 - Juvenile community corrections grant fund created; purpose; administration; report. - A. There is created in the state treasury the "juvenile...

Section 33-9A-4 - Applications; criteria. - A. Counties, municipalities or private organizations, individually or jointly, may...

Section 33-9A-5 - Selection panels. - A. The department shall establish a state panel whose duties...

Section 33-9A-6 - Sentencing. - A. In every case where the commitment to the authority...

Article 10 - Native American Counseling

Section 33-10-1 - Short title. - This act [33-10-1 to 33-10-4 NMSA 1978] may be cited...

Section 33-10-2 - Purpose [of Native American Counseling Act]. - It is the purpose of the Native American Counseling Act...

Section 33-10-3 - Definitions. - As used in the Native American Counseling Act: A. "native...

Section 33-10-4 - Freedom of worship. - A. Native American religions shall be afforded by the corrections...

Article 11 - Inmate Literacy

Section 33-11-1 - Short title. - Sections 1 through 3 [33-11-1 to 33-11-3 NMSA 1978] of...

Section 33-11-2 - Purpose of act. - The purpose of the Inmate Literacy Act is to require...

Section 33-11-3 - Regulations. - A. The corrections department, by July 1, 1988, shall adopt...

Article 12 - Regional Juvenile Services (Repealed.)

Section 33-12-1 - Repealed. - History: Laws 1994, ch. 16, § 1; repealed by Laws...

Section 33-12-2 - Repealed. - History: Laws 1994, ch. 16, § 2; repealed by Laws...

Section 33-12-3 - Repealed. - History: Laws 1994, ch. 16, § 3; repealed by Laws...

Section 33-12-4 - Repealed. - History: Laws 1994, ch. 16, § 4; repealed by Laws...

Section 33-12-5 - Repealed. - History: Laws 1994, ch. 16, § 5; repealed by Laws...

Section 33-12-6 - Repealed. - History: Laws 1994, ch. 16, § 6; repealed by Laws...

Section 33-12-7 - Repealed. - History: Laws 1994, ch. 16, § 7; repealed by Laws...

Article 13 - Inmate Forestry Work Camp

Section 33-13-1 - Short title. - This act [33-13-1 to 33-13-8 NMSA 1978] may be cited...

Section 33-13-2 - Definitions. - As used in the Inmate Forestry Work Camp Act: A....

Section 33-13-3 - Inmate forestry work camp program; purpose; limitation. - A. The department and the forestry division shall jointly establish...

Section 33-13-4 - Inmate eligibility. - The department shall screen and classify applicants for the program....

Section 33-13-5 - Work camps. - The department may establish work camps as needed for the...

Section 33-13-6 - Inmates not employees. - An inmate participating in the program shall not be considered...

Section 33-13-7 - Forestry division; interagency cooperation; program participation. - The forestry division shall cooperate with the department in the...

Section 33-13-8 - Inmate forestry work camp fund. - The "inmate forestry work camp fund" is created in the...

Article 14 - Telecommunications Services

Section 33-14-1 - Contract to provide inmates with access to telecommunications services in a correctional facility or jail; conditions. - A. A contract to provide inmates with access to telecommunications...

Article 15 - Privately Operated Correctional Facilities Oversight

Section 33-15-1 - Short title. - This act [33-15-1 to 33-15-4 NMSA 1978] may be cited...

Section 33-15-2 - Definitions. - As used in the Privately Operated Correctional Facilities Oversight Act:...

Section 33-15-3 - Incarceration of out-of-state inmates in privately operated correctional facilities; minimum standards; secretary's authority to adopt rules. - A. A privately operated correctional facility shall have statutory authority,...

Section 33-15-4 - Classification review of out-of-state inmates in privately operated correctional facilities; assessing a fee. - A. An out-of-state inmate shall not be incarcerated in a...

Article 16 - Restricted Housing

Section 33-16-1 - Short title. - This act [33-16-1 to 33-16-7 NMSA 1978] may be cited...

Section 33-16-2 - Definitions. - As used in the Restricted Housing Act: A. "correctional facility"...

Section 33-16-3 - Restrictions on the use of restricted housing. - A. An inmate who is younger than eighteen years of...

Section 33-16-4 - Restrictions on the use of restricted housing; inmate with serious mental disability. - A. An inmate with a serious mental disability shall not...

Section 33-16-5 - Correctional facilities; transparency and reporting. - A. Every three months, every correctional facility shall: (1) produce...

Section 33-16-6 - Private correctional facilities; anticorruption and reporting. - Every three months, every private correctional facility shall submit to...

Section 33-16-7 - Reports filed with legislative library. - On the date that a report is submitted to a...

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New Mexico Statutes Chapter 33 - Correctional Institutions

New Mexico Statutes
Chapter 33 - Correctional Institutions