A. Subject to the payment by the Indian tribe, band or pueblo or the United States of the fees established for the jail, the sheriff of each county, his deputy, jailer, jail administrator or independent contractor is required to receive any person committed to his custody in conformity with a regular process issued by or under the authority of any Indian tribe, band or pueblo in New Mexico and is further required to retain custody until such person is placed at liberty according to the laws of the United States or of the Indian tribe, band or pueblo.
B. No sheriff, jail administrator or independent contractor shall be required to receive any such committed person if to do so would exceed the capacity of the facility. The sheriff, jail administrator or independent contractor may also return any prisoner received by him under this section to the committing authority if the capacity of the facility is exceeded.
History: 1953 Comp., § 42-2-21, enacted by Laws 1959, ch. 104, § 1; 1983, ch. 181, § 18; 1984, ch. 22, § 16.
Cross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978.
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.