It shall be the duty of the sheriff, jail administrator or independent contractor of each jail of the several counties of this state to keep the jails of their respective counties clean and healthy, and they shall observe special care as to the personal cleanliness of all prisoners under their charge.
History: Laws 1865-1866, ch. 19, § 7; C.L. 1884, § 474; C.L. 1897, § 827; Code 1915, § 3040; C.S. 1929, § 75-108; 1941 Comp., § 45-204; 1953 Comp., § 42-2-4; Laws 1983, ch. 181, § 6; 1984, ch. 22, § 7.
Compiler's notes. — The 1915 Code compilers deleted from the end of this section a provision which read: "and when said sheriff is required by law to feed prisoners, he shall see that the diet furnished them is healthy, furnished at proper hours and in sufficient quantities, which shall be given them three times a day," possibly as superseded by 33-3-6 NMSA 1978.
Cross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978.
Sheriff to make available medical care to indigents and nonindigents. — Sheriffs and persons charged with custody of county prisoners should make available medical care, where necessary, for prisoners out of funds available in the indigent fund of the county, if in fact such persons are indigent within the provisions of the laws, and if such prisoners are not indigent persons but have such means to provide for their own expenses, the county is not liable for such expense. 1954 Op. Att'y Gen. No. 54-5928.
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 §§ 22 to 24.
72 C.J.S. Prisons and Rights of Prisoners §§ 63 to 79.
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.