Any member of the national guard who fails to either report for or remain present for unit training assembly, drill, or annual training when so ordered shall be subject to confinement for the duration of that training assembly or annual training to include nights between days of training. The sheriff or any other peace officer of the county in which the unit is training or where the absent national guard member resides or is found shall, upon request of the unit commander, arrest the absent member and confine him in a suitable facility at county expense until the conclusion of the training period or until the member agrees to present himself for duty. Neglect or unjustified refusal of a requested sheriff or other peace officer to so act shall render the sheriff or peace officer guilty of a misdemeanor in accordance with Section 20-11-7 NMSA 1978.
History: 1978 Comp., § 20-12-12, enacted by Laws 1987, ch. 318, § 97.
Structure New Mexico Statutes
Article 12 - Code of Military Justice
Section 20-12-1 - Short title.
Section 20-12-3 - Persons subject to the code; applicability of the code.
Section 20-12-4 - Convening authorities; nonjudicial punishment authorities.
Section 20-12-5 - Judge advocates.
Section 20-12-6 - Limitation on punishments.
Section 20-12-7 - Advice; reviews and appeals; extraordinary writs.
Section 20-12-8 - Confinement.
Section 20-12-9 - Reductions in grade.
Section 20-12-10 - Forfeitures or fines.
Section 20-12-11 - Nonjudicial punishment.
Section 20-12-12 - Absence without leave; confinement during period of duty.
Section 20-12-13 - Accessory after the fact.
Section 20-12-14 - Conviction of lesser included offense.
Section 20-12-16 - Conspiracy.
Section 20-12-17 - Solicitation.
Section 20-12-18 - Fraudulent enlistment, appointment or separation.
Section 20-12-19 - Unlawful enlistment, appointment or separation.
Section 20-12-21 - Absence without leave.
Section 20-12-22 - Missing movement.
Section 20-12-23 - Contempt toward officials.
Section 20-12-24 - Disrespect toward superior commissioned officer.
Section 20-12-25 - Assaulting or willfully disobeying superior commissioned officer.
Section 20-12-27 - Failure to obey order or regulation.
Section 20-12-28 - Cruelty and maltreatment.
Section 20-12-29 - Mutiny or sedition.
Section 20-12-30 - Resistance, breach of arrest and escape.
Section 20-12-31 - Releasing prisoner without proper authority.
Section 20-12-32 - Unlawful detention.
Section 20-12-33 - Noncompliance with procedural rules.
Section 20-12-34 - Misbehavior before the enemy.
Section 20-12-35 - Subordinate compelling surrender.
Section 20-12-36 - Improper use of countersign.
Section 20-12-37 - Forcing a safeguard.
Section 20-12-38 - Captured or abandoned property.
Section 20-12-39 - Aiding the enemy.
Section 20-12-40 - Misconduct as prisoner.
Section 20-12-43 - False official statements.
Section 20-12-46 - Improper hazarding of vessel.
Section 20-12-47 - Drunken or reckless driving.
Section 20-12-48 - Drunk on duty.
Section 20-12-50 - Manslaughter.
Section 20-12-51 - Rape and other sex crimes.
Section 20-12-52 - Larceny and wrongful appropriation.
Section 20-12-55 - Making, drawing or uttering check, draft or order without sufficient funds.
Section 20-12-62 - Housebreaking.
Section 20-12-64 - Frauds against the United States.
Section 20-12-65 - Conduct unbecoming an officer and a gentleman.
Section 20-12-66 - Wrongful use and possession of controlled substances.
Section 20-12-67 - Misbehavior of sentinel.
Section 20-12-69 - Malingering.
Section 20-12-70 - Riot or breach of peace.
Section 20-12-71 - Provoking speeches or gestures.
Section 20-12-72 - Principals.
Section 20-12-73 - General article.
Section 20-12-75 - Wearing unauthorized insignia, decoration, badge, ribbon, device or lapel button.