2019 New Mexico Statutes
Chapter 33 - Correctional Institutions
Article 8 - Corrections Industries
Section 33-8-4 - Prisoners to labor.
All persons convicted of crime and confined in a facility under the laws of the state except such as are precluded by the terms of the judgment and sentence under which they may be imprisoned shall perform labor under such rules and regulations as have been or may hereafter be prescribed by the department.
History: Laws 1981, ch. 127, § 4.
ANNOTATIONSArticle not in conflict with inmate release program. — The statutory schemes of the Corrections Industries Act and the inmate-release program do not conflict, and prisoners may legally enter into voluntary contracts of hire under the inmate-release program. Benavidez v. Sierra Blanca Motors, 1996-NMSC-045, 122 N.M. 209, 922 P.2d 1205.
Work release injured prisoner entitled to workers' compensation. — Although a prisoner may have been compelled generally to labor under this section, he was not compelled to work for a private business under a work-release program and, when the prisoner voluntarily participated in a work-release program and was injured while under the direction of a private business, he was an "employee" of that business and thus entitled to workers' compensation benefits. Benavidez v. Sierra Blanca Motors, 1995-NMCA-140, 120 N.M. 837, 907 P.2d 1018, rev'd in part on other grounds, 1996-NMSC-045, 122 N.M. 209, 922 P.2d 1205.
A person's status as an inmate does not preclude the existence of an employer-employee relationship for the purpose of receiving worker's compensation benefits. Benavidez v. Sierra Blanca Motors, 1996-NMSC-045, 122 N.M. 209, 922 P.2d 1205.
Inmates not "employees" for health and safety complaint purposes. — Notwithstanding the fact that prison industries must comply with occupational health and safety standards, inmates engaged in prison operated industries or enterprises are not "employees" of the penitentiary for purposes of filing an occupational health and safety complaint with the environmental improvement division. 1981 Op. Att'y Gen. No. 81-23.
