2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 4 - Extradition
Section 31-4-16 - Bail; in what cases; conditions of bond.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.

History: Laws 1937, ch. 65, § 16; 1941 Comp., § 42-1916; 1953 Comp., § 41-19-16.

Prisoner is not entitled to bail after governor's extradition warrant has been served. State ex rel. Schiff v. Brennan, 1983-NMSC-042, 99 N.M. 641, 662 P.2d 642.

No bail for parole violators under interstate compact. — The extradition statutes, this section and Section 31-4-15 NMSA 1978, provide for bail in certain instances. These provisions for bail, however, would not apply in the case where the parole board is investigating a parolee being held in jail for parole violation under the terms of the interstate compact. 1957 Op. Att'y Gen. No. 57-33.

But otherwise for parolees not under compact. — It may be that an out-of-state parolee not under the parole board's supervision under the terms of the interstate compact may be entitled to bail under the extradition provisions. 1957 Op. Att'y Gen. No. 57-33.

When right to bail governed by laws of sister state. — New Mexico Const., art. II, § 13, affords the right to bail to all persons charged with or convicted of crime under the laws of the state of New Mexico. A fugitive from justice is charged with or convicted of crime under the laws of a sister state; therefore, it is the constitution and laws of that state which should dictate whether the right to bail exists and in what form. 1974 Op. Att'y Gen. No. 74-38.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 63, 66, 121.

Bond to indemnify public against expense of extradition or other criminal proceedings in event they are unsuccessful as contrary to public policy, 94 A.L.R. 355.

Right of extraditee to bail after issuance of governor's warrant and pending final disposition of habeas corpus claim, 13 A.L.R.5th 118.

35 C.J.S. Extradition § 18.