2018 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 4 - Extradition
Section 31-4-5 - Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.

When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.

The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in Section 23 [31-4-25 NMSA 1978] of this act with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.

History: Laws 1937, ch. 65, § 5; 1941 Comp., § 42-1905; 1953 Comp., § 41-19-5.

Cross references. — For surrendering to another state a person detained in this state under prosecution or conviction in this state, see 31-4-19 NMSA 1978.

Asylum state has no discretion. — Where New Mexico courts held that respondent was not a fugitive from justice, but a refugee from injustice because respondent fled Ohio because of fear that respondent's parole would be revoked without due process and that respondent would be returned to prison where respondent faced the threat of bodily injury, the New Mexico courts went beyond the permissible inquiry in an extradition case and permitted litigation of issues not open in the asylum state. The extradition clause of the United States constitution is mandatory and affords no discretion to the executive officers of the courts of the asylum state. N.M. ex rel. Ortiz v. Reed, 118 S.Ct. 1860, 524 U.S. 151, 141 L. Ed. 2d 131 (1998), rev'g Reed v. State ex. rel. Ortiz, 1997-NMSC-055, 124 N.M. 129, 947 P.2d 86.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 152.

Extradition of fugitive in custody under charge in asylum state, 42 A.L.R. 585.

Extradition, as a fugitive from justice, of one who left the demanding state by official permission, 67 A.L.R. 1480.

Determination whether crime is charged, 40 A.L.R.2d 1151.

35 C.J.S. Extradition § 15.

Law Reviews. — For Article, "Developing a State Constitutional Law Strategy in New Mexico Criminal Prosecutions," see 39 N.M.L. Rev. 407 (2009).