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.
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).
Structure New Mexico Statutes
Chapter 33 - Correctional Institutions
Section 33-3-1 - Common jails; operation by sheriff, jail administrator or independent contractor.
Section 33-3-3 - Confinement of prisoners in county where offense committed.
Section 33-3-4 - Inspection of jails and detention centers; report.
Section 33-3-5 - Cleanliness and feeding prisoners.
Section 33-3-6 - Food for prisoners.
Section 33-3-7 - Record of prisoners; escapes.
Section 33-3-8 - Rules for punishment.
Section 33-3-9 - County jails; deduction of time for good behavior.
Section 33-3-11 - Jail for nonpayment of fine.
Section 33-3-12 - Commitments to be furnished; orders of release; penalty.
Section 33-3-13 - Prisoners waiting [awaiting] trial; confinement in county jail.
Section 33-3-16 - United States prisoners.
Section 33-3-18 - Counties without jails; arrangements with other counties.
Section 33-3-19 - Prisoners in jails; work.
Section 33-3-21 - Commitments by magistrates; confinement in town jail.
Section 33-3-22 - Town or village jails.
Section 33-3-23 - Confinement of prisoners committed by Indian government; cost.
Section 33-3-24 - Prisoner-release program.
Section 33-3-25 - Local government corrections fund created; administration; distribution.
Section 33-3-26 - Agreements for jails or for jail services; pilot programs.
Section 33-3-27 - Jail agreements; approval; liability; termination; venue.