Each governing body of a county or municipality shall conduct an annual site visit to the jail or detention center under its jurisdiction to inspect the overall conditions at the facility. Following a site visit, an inspection report shall be presented at a regular meeting of the governing body.
History: Laws 1865-1866, ch. 19, § 3; C.L. 1884, § 470; C.L. 1897, § 823; Code 1915, § 3035; C.S. 1929, § 75-103; 1941 Comp., § 45-203; 1953 Comp., § 42-2-3; Laws 1983, ch. 181, § 5; 1984, ch. 22, § 6; repealed and reenacted by Laws 2011, ch. 142, § 1.
Repeals and reenactments. — Laws 2011, ch. 142, § 1 repealed former 33-3-4 NMSA 1978 and enacted a new section, effective June 17, 2011.
Cross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978.
County liability. — Where a county has contracted with a private, independent contractor to operate a county jail, but pursuant to this section, the county retains oversight responsibilities over the operation of its detention center and has, therefore, not delegated complete authority to the contractor for the operation of the jail, the county retains liability under 42 U.S.C.S. § 1983 for any unconstitutional policies or customs the contractor may have adopted or created. Herrera v. County of Santa Fe, 213 F. Supp. 2d 1288 (D.N.M. 2002).
Irrespective of duty to inspect, sheriffs have control of jail. — While the county commissioners have the duty to inspect jails at least twice (now once) a year, the jails are under the control of the sheriffs of the respective counties. 1969 Op. Att'y Gen. No. 69-50.
Commissioners to report violations to district court only. — In the event the county commissioners discover some violations of law during an inspection of the jails, this section limits the action they may take reporting any violations they find to the district court. 1969 Op. Att'y Gen. No. 69-50 (rendered under prior law).
Commissioners to decide whether prisoner freedom policy improper. — The county commissioners should make the determination of whether or not a sheriff's policy regarding prisoner freedom during the term of confinement amounts to an application of improper discipline, and if the board determines that such is the case it should report the same to the district court. 1963 Op. Att'y Gen. No. 63-142 (rendered under prior law).
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. — 72 C.J.S. Prisons and Rights of Prisoners §§ 7 to 19.
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.