A. Notwithstanding the provisions of Subsection A of Section 33-3-1 NMSA 1978, the board of county commissioners of a county may enter into an agreement with other counties and municipalities to provide for the construction, maintenance or operation of one or more jails or correctional or detention facilities for confinement of persons charged with crimes, violations of municipal or county ordinances or committed to jail.
B. The agreement authorized in Subsection A of this section may provide for the control of the indicated facilities by the sheriff of the county in which the facility is located or by a jail administrator as defined in Section 4-44-19 NMSA 1978 or by an independent contractor, and the agreement shall state the manner in which the person in control shall be selected if it is other than the sheriff.
C. In a class A county utilizing a joint city and county jail, municipalities shall pay a fee to the board of county commissioners for each prisoner housed in the county jail charged with municipal offenses or arrested by municipal officers. The fee shall be a reasonable fee established by the board of county commissioners and approved by the local government division of the department of finance and administration.
D. No agreement or an amendment to an agreement authorized by this section is effective until it is approved by the local government division of the department of finance and administration.
History: 1953 Comp., § 42-2-1.1, enacted by Laws 1972, ch. 69, § 1; 1983, ch. 181, § 4; 1984, ch. 22, § 5; 1989, ch. 277, § 1.
Cross references. — For use of county jail by municipality, see 3-18-20 NMSA 1978.
The 1989 amendment, effective June 16, 1989, inserted "as defined in Section 4-44-19 NMSA 1978" and "by an" in Subsection B, added present Subsection C, and redesignated former Subsection C as present Subsection D.
Board of commissioners may impose fee for each municipal prisoner incarcerated in county jail. 1979 Op. Att'y Gen. 79-41.
"Other qualified individuals" formerly referred to in Subsection B must be public officers or employees, not private persons acting as independent contractors. 1983 Op. Att'y Gen. No. 83-05 (rendered prior to 1984 amendment).
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.