2019 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 4 - Extradition
Section 31-4-2 - Fugitives from justice; duty of governor.

Subject to the provisions of this act [31-4-1 to 31-4-30 NMSA 1978], the provisions of the constitution of the United States controlling and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this state.

History: Laws 1937, ch. 65, § 2; 1941 Comp., § 42-1902; 1953 Comp., § 41-19-2.

Expenses incurred for jailing fugitive. — County had no right to sue a state to recover expenses for detaining and extraditing a fugitive. It was the governor of the state of New Mexico who empowered Colfax county through the aegis of his extradition warrant. Without that warrant, the county and its officers were powerless to assert jurisdiction over the fugitive and make the fugitive answerable to the New Hampshire charges. In actuality, Colfax county acted as an agent of the governor of New Mexico, and any powers the county exercised flowed directly from the New Mexico executive. Colfax Cnty. Bd. of Cnty. Comm'rs v. State of N.H., 16 F.3d 1107 (10th Cir. 1994)

Purpose of extradition clause of federal constitution, U.S. Const., art. IV, § 2, is to preclude any state from becoming a sanctuary for fugitives from the justice of another state and thus "balkanize" the administration of criminal justice among the several states. Bazaldua v. Hanrahan, 1979-NMSC-025, 92 N.M. 596, 592 P.2d 512.

The intent of the extradition clause to the United States constitution is to enable each state to bring offenders to trial as swiftly as possible in the state where the alleged offense occurred. The purpose of the clause is to prevent any state from becoming a sanctuary for fugitives from justice of another state. State ex rel. Schiff v. Brennan, 1983-NMSC-042, 99 N.M. 641, 662 P.2d 642.

Governor's grant of extradition prima facie evidence that constitutional and statutory requirements have been met. Thereafter, the burden shifts to the accused to prove beyond a reasonable doubt in the asylum state that he is not a fugitive from the demanding state. Bazaldua v. Hanrahan, 1979-NMSC-025, 92 N.M. 596, 592 P.2d 512.

Courts of asylum state bound by demanding state's judicial determination. — Under U.S. Const., art. IV, § 2, the courts of the asylum state are bound to accept the demanding state's judicial determination of probable cause for arrest since the proceedings of the demanding state are clothed with the traditional presumption of regularity. Bazaldua v. Hanrahan, 1979-NMSC-025, 92 N.M. 596, 592 P.2d 512.

Court may not discharge accused arrested under governor's warrant where there is merely contradictory evidence on the subject of his presence in or absence from the demanding state at the time of the alleged crime, as habeas corpus is not the proper proceeding to try the question of alibi or any question as to the guilt or innocence of the accused. Bazaldua v. Hanrahan, 1979-NMSC-025, 92 N.M. 596, 592 P.2d 512.

However, no further judicial inquiries, once governor acts on extradition. — Once the governor of an asylum state has acted on a requisition for extradition based on the demanding state's judicial determination that probable cause existed, no further judicial inquiry may be had on that issue in the asylum state. Bazaldua v. Hanrahan, 1979-NMSC-025, 92 N.M. 596, 592 P.2d 512.

Review of requisition for extradition. — Once a governor has granted extradition, a court in the asylum state considering release on habeas corpus can do no more than decide: (1) whether the extradition documents on their face are in order; (2) whether the petitioner has been charged with a crime in the demanding state; (3) whether the petitioner is the person named in the request for extradition; and (4) whether the petitioner is a fugitive. Bazaldua v. Hanrahan, 1979-NMSC-025, 92 N.M. 596, 592 P.2d 512.

Extradition of juveniles. 1973 Op. Att'y Gen. No. 73-14 (rendered under prior law, now see Section 32A-10-1 NMSA 1978).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition §§ 22 to 26, 30, 95.

One charged with desertion or failure to support wife or child as fugitive from justice, subject to extradition, 32 A.L.R. 1167, 54 A.L.R. 281.

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

One who left demanding state by official permission as a fugitive from justice for purposes of extradition, 67 A.L.R. 1480.

Extradition of escaped or paroled convict, or one at liberty on bail, 78 A.L.R. 419.

Once removed from demanding state or country as a fugitive from justice within contemplation of extradition laws, 85 A.L.R. 118.

One not in demanding state at time of offense, but who afterward entered and left state, as fugitive from justice within extradition law, 91 A.L.R. 1262.

35 C.J.S. Extradition § 7 et seq.