A. The common jails shall be under the control of the respective sheriffs, independent contractors or jail administrators hired by the board of county commissioners or other local public body or combination thereof, and the same shall be used as prisons in the respective counties.

B. Contracts between local public bodies and private independent contractors for the operation, or provision and operation, of a jail are specifically authorized by this section; provided that prior to July 1, 1987, no more than two pilot projects involving private independent contractors are authorized in New Mexico, pursuant to Section 33-3-26 NMSA 1978.

History: Laws 1865-1866, ch. 19, § 1; C.L. 1884, § 468; C.L. 1897, § 821; Code 1915, § 3033; C.S. 1929, § 75-101; 1941 Comp., § 45-201; 1953 Comp., § 42-2-1; Laws 1983, ch. 181, § 3; 1984, ch. 22, § 4.

Compiler's notes. — The 1915 Code compilers, in Subsection A, deleted "now standing or that may hereafter be built in the different counties of the territory" after "common jails" and deleted "for the purposes in this act provided" from the end of the section.

Cross references. — For the definition of jail administrator, see 4-44-19 NMSA 1978.

For bond issues for jails, see 4-49-1 to 4-49-21 NMSA 1978.

Guadalupe County correctional facility's contract with the board of commissioners of Guadalupe County, a contract which is specifically authorized by law, vested the facility's employees with the authority to act as jailers. State v. Young, 2004-NMSC-015, 135 N.M. 458, 90 P.3d 477.

Transportation of prisoners housed at a county jail or other detention facility is not the exclusive responsibility of the local sheriff's department; jail administrators and independent contractors may also transport inmates at their facilities. 2000 Op. Att'y Gen. No. 00-02.

Municipal jail not "common jail" even if only one. — When a municipal jail is the only jail in a county, this does not cause it to become a "common jail" within the meaning of this section. Therefore, it is not subject to the control of the county sheriff. 1976 Op. Att'y Gen. No. 76-18.

No authority to refuse prisoners. — County jail administrators have no authority to refuse to accept persons who have been properly committed to their custody by state or federal authorities. 1994 Op. Att'y Gen. No. 94-08.

County commissioners may not arbitrarily decide how sheriff's space used. — While Sections 4-38-13 and 4-38-18 NMSA 1978 grant the board of county commissioners the authority to control and manage county property, this does not mean the board may arbitrarily decide how space assigned to the county sheriff may be used. 1969 Op. Att'y Gen. No. 69-50.

Jails are under sheriff's control, irrespective of duty to inspect. — While the county commissioners have the duty to inspect jails at least twice a year, the jails are under the control of the sheriffs of the respective counties. 1969 Op. Att'y Gen. No. 69-50.

Sheriff may provide quarters for jailer and his family in space assigned to the sheriff, for that purpose, convenient to the jail. 1969 Op. Att'y Gen. No. 69-50.

No authority to contract with independent contractors for jail services. — This section, which is the basic authorization for county jails, does not authorize counties to contract with private independent contractors for jail services, as it does not authorize anyone other than a sheriff or hired jail administrator to control a county jail. 1983 Op. Att'y Gen. No. 83-5 (rendered prior to 1984 amendment).

Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 22 to 24.

Sheriff's liability for negligence causing injury to prisoner, 60 A.L.R.2d 873.

Validity and construction of prison regulation of inmates' possession of personal property, 66 A.L.R.4th 800.

Constitutional right of prisoners to abortion services and facilities - federal cases, 90 A.L.R. Fed. 683.

72 C.J.S. Prisons and Rights of Prisoners §§ 20 to 26.