2018 New Mexico Statutes
Chapter 4 - Counties
Article 44 - Salaries and Provisions Applicable to More Than One Office
Section 4-44-19 - Prisoners; operating allowance; records and maintenance.]
A. Each county sheriff, jail administrator or independent contractor shall keep a written record showing the exact time of confinement and release of each prisoner incarcerated in the jail under his jurisdiction. As used in this act, "jail administrator" means the person hired by a county, municipality or a combination of these who supervises the entire operation of the jail and reports directly to the administrative head of the local governmental entity or local governing body.
B. The governing body of a jail shall, from appropriate funds, provide the necessary funding to maintain and operate the facility.
C. All fees remitted to the sheriff or jail administrator for federal or other prisoners in his custody shall be promptly deposited in their entirety by the sheriff or jail administrator with the appropriate depository entity. As used in this section, "depository entity" means the treasurer of the particular local governmental entity responsible for management of the jail.
History: 1953 Comp., § 15-43-14.1, enacted by Laws 1961, ch. 253, § 7; 1969, ch. 187, § 1; 1975, ch. 118, § 1; 1977, ch. 107, § 1; 1983, ch. 181, § 1; 1984, ch. 22, § 1.
Cross references. — For reimbursement of sheriff for feeding prisoners in transit, see 4-44-20 NMSA 1978.
For contracts for operation of jail by independent contractor not constituting creation of debt, see 6-6-12 NMSA 1978.
Compiler's notes. — The term "this act," referred to in the second sentence in Subsection A, means Laws 1983, Chapter 181, which appears as 4-44-19, 4-44-20, 33-3-1, 33-3-2, 33-3-4 to 33-3-9, 33-3-11 to 33-3-13, 33-3-18, 33-3-19 and 33-3-21 to 33-3-23 NMSA 1978.
The following opinions were rendered prior to the 1983 and 1984 amendments. This section no longer refers specifically to "feeding" or "care" of prisoners and contains no specific maximum amount for expenditures.
Itemized statement required. — Before sheriff is paid for feeding prisoners and guards, he must furnish itemized statement of actual costs so that account may be examined and its correctness tested. 1931-32 Op. Att'y Gen. No. 31-184.
Authority to contract with city for feeding of prisoners. — County commissioners can enter into a legal contract with a city, providing for the feeding of prisoners, and be reimbursed the actual cost of feeding city prisoners. 1959-60 Op. Att'y Gen. No. 59-56.
Care and feeding of federal prisoners. — The keeping of prisoners for the federal government should be fixed by agreement between the county commissioners and the government to fairly compensate the county for such services. 1937-38 Op. Att'y Gen. No. 38-2034.
Disposition of allowance paid for federal prisoners. — Although an allowance of $.75 per day was made by the United States for the care, guarding, housing and maintenance of federal prisoners, it was not for food alone, and should have been paid into the county treasury, and feeding of all prisoners should have been under this section. 1929-30 Op. Att'y Gen. No. 30-17.
Reimbursement process for maintenance of federal prisoners. — Money received by sheriff under contract with federal government for feeding and maintaining federal prisoners must be paid to county treasurer and the sheriff is entitled to collect reimbursement from the general county fund for the actual cost, not to exceed the maximum legal rate. 1947-48 Op. Att'y Gen. No. 47-5069.
Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
