N.M. Stat. » N.M. Stat. / Chapter 31 / Article 4
New Mexico Statutes

N.M. Stat. § 31-4-15 (2026)

Commitment to await requisition; bail.

✓ current as of May 2026
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If from the examination before the judge or magistrate it appears that the person
held is the person charged with having committed the crime alleged and, except in
cases arising under Section 6 [31-4-6 NMSA 1978], that he has fled from justice, the
judge or magistrate must, by a warrant reciting the accusation, commit him to the county
jail for such a time not exceeding thirty days and specified in the warrant, as will enable
the arrest of the accused to be made under a warrant of the governor on a requisition of
the executive authority of the state having jurisdiction of the offense, unless the accused
give bail as provided in the next section [31-4-16 NMSA 1978], or until he shall be
legally discharged.

History: Laws 1937, ch. 65, § 15; 1941 Comp., § 42-1915; 1953 Comp., § 41-19-15.

                                    ANNOTATIONS
Constitutional basis for extradition not contingent upon right to speedy trial. —
United States Const., art. IV, § 2, the basis for extradition, by its terms, is not made
contingent upon a sixth amendment right to a speedy trial. State v. Sandoval, 1980-
NMSC-139, 95 N.M. 254, 620 P.2d 1279.

Concepts of res judicata, double jeopardy and estoppel do not apply to extradition
proceedings and are not within the purview of inquiry in an extradition proceeding. State
v. Sandoval, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279.

No bail for parole violators under interstate compact. — The extradition statutes,
this section and Section 31-4-16 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.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 58 to 62.

35 C.J.S. Extradition § 67.
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1980–2024 · leading case: State v. Lopez, 734 P.2d 778 (N.M. Ct. App. 1987).
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State v. Lopez, 734 P.2d 778 (N.M. Ct. App. 1987). · cites it 4× “We are persuaded that the common law authority of the bondsman to transport a principal out-of-state, without the principal's consent, has been modified by enactment of the Uniform Criminal Extradition Act.”
State v. Sandoval, 620 P.2d 1279 (N.M. 1980). “He was released in February, 1977 because California failed to perfect extradition within ninety days as required by Sections 31-4-15 and 31-4-17, N.M.S.A.1978.”
Skinner v. Prummell (D.N.M. 2024). · cites it 8× “) See also N.M. Stat. Ann. § 31-4-15 (providing that the individual may be committed to county jail for up to 30 days to “enable the arrest of the accused to be made under a warrant of the governor”); N.”
Skinner v. Prummell (D.N.M. 2023). · cites it 2× “NMSA 1978, § 31-4-15. These provisions allow for a fugitive to be arrested in the asylum state based on probable cause determinations made in another state for a reasonable time to properly effect a requisition.”
Skinner v. Prummell (D.N.M. 2024). · cites it 2× “) See also N.M. Stat. Ann. § 31-4-15 (providing that the individual may be committed to county jail for up to 30 days to “enable the arrest of the accused to be made under a warrant of the governor”); N.”
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