New Mexico Statutes
Article 3 - Jails
Section 33-3-16 - United States prisoners.

It shall be the duty of the sheriff of each county, his deputy, jailer, jail administrator or independent contractor, to whom any person shall be remitted in conformity with a legal process issued by or under the authority of the United States, and he is hereby required, to receive such person or persons into his custody and keep them safely until they shall be placed at liberty according to the laws of the United States; provided that the United States shall be responsible for the payment of the fee which shall be established from time to time by the sheriff, jail administrator or independent contractor in charge of the operation of a jail.
History: Laws 1865-1866, ch. 19, § 15; C.L. 1884, § 482; C.L. 1897, § 833; Code 1915, § 3046; C.S. 1929, § 75-114; 1941 Comp., § 45-214; 1953 Comp., § 42-2-14; Laws 1984, ch. 22, § 13.
Cross references. — For definition of jail administrator, see 4-44-19 NMSA 1978.
Compensation for keeping federal prisoners to be fixed by agreement. — The keeping of prisoners for the federal government should be fixed by agreement between the county commissioners and the government to fairly compensate the county for such services. 1938 Op. Att'y Gen. No. 38-2034.
Board of county commissioners proper party for negotiating contract. — The proper party for the purpose of negotiating a contract with the federal government for keeping the federal prisoners in the Bernalillo county jail is the board of county commissioners. 1957 Op. Att'y Gen. No. 57-234.
No authority to refuse prisoners. — County jail administrators have no authority to refuse to accept persons who have been properly committed to their custody by state or federal authorities. 1994 Op. Att'y Gen. No. 94-08.
County may contract to maintain federal prisoners from other counties. — If the condition of the jail and the population of the jail is such that, in the opinion of the sheriff, it will not impair discipline, cleanliness and health, a contract may be negotiated for maintaining federal prisoners from other counties. The decision of the sheriff, of course, cannot be arbitrary. It must be based upon reasonable standards of cleanliness, health and discipline. 1957 Op. Att'y Gen. No. 57-234.
County contract cannot work to exclude county's own prisoners. — The board of county commissioners can lodge federal prisoners from surrounding counties if adequate facilities for their care and custody are not available in that particular county; however, the sheriff of the county wherein the jail is situated has, even in the case of a contract between two counties within the state of New Mexico, the right to maintain the standards of cleanliness, health and discipline, and such a contract cannot work to the exclusion of the prisoners of the county wherein the jail is situated. 1957 Op. Att'y Gen. No. 57-234.
Sheriff not obligated to accept federal prisoners. — The statute obviously does not mean that the sheriff must accept federal prisoners, even from his own county, in the event such acceptance of those prisoners would so overcrowd the jail as to exclude county prisoners. This statute is an accommodation to the federal authority and their interest is secondary to the interest of the county involved. 1957 Op. Att'y Gen. No. 57-234.
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 §§ 10, 15 to 17.
72 C.J.S. Prisons and Rights of Prisoners § 4.

Structure New Mexico Statutes