New Mexico Statutes
N.M. Stat. § 33-1-10 (2026)
Correctional officers; employees; acting as peace officers.
✓ current as of May 2026
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A. Correctional officers of the corrections department, or any employee of the
corrections department who has at the particular time the principal duty to hold in
custody or supervise any person accused or convicted of a criminal offense or placed in
the legal custody or supervision of the corrections department, shall have the power of a
peace officer with respect to arrests and enforcement of laws when on the premises of a
New Mexico correctional facility or while transporting a person committed to or under
the supervision of the corrections department; when supervising any person committed
to or under the supervision of the corrections department anywhere within the state; or
when engaged in any effort to pursue or apprehend any such person. No correctional
officer or other employee of the corrections department shall be convicted or held liable
for any act performed pursuant to this section if a peace officer could lawfully have
performed the same act in the same circumstances.
B. Crimes against a correctional officer or an employee of the corrections
department while in the lawful discharge of duties which confer peace officer status
pursuant to this section shall be deemed the same crimes and shall bear the same
penalties as crimes against a peace officer.
C. As used in this section, "supervising" includes the performance of the following
official duties by probation and parole officers of the corrections department:
(1) field investigations;
(2) surveillance;
(3) searches and seizures conducted alone or in cooperation with a state or
local law enforcement agency; and
(4) security during the course of a probation or parole revocation hearing or
proceeding or any other hearing or appearance required by law.
D. The provisions of Section 31-1-10 NMSA 1978 [33-1-10 NMSA 1978] shall apply
to all pending applications and pending cases.
History: 1953 Comp., § 42-9-12, enacted by Laws 1973, ch. 119, § 1; 1977, ch. 257, §
103; 1984, ch. 18, § 1; 1986, ch. 35, § 1; 1987, ch. 210, § 1.
ANNOTATIONS
Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law. As there is no 31-1-10 NMSA 1978, the apparent intended reference is
33-1-10 NMSA 1978 (this section).
Cross references. — For when wounding or killing of penitentiary prisoner is justified,
see 33-2-30, 33-2-31 NMSA 1978.
For crimes against a peace officer, see Chapter 30, Article 22 NMSA 1978.
Legislative intent. — Section 31-20A-5A NMSA 1978 concerns a penalty for a crime
against a peace officer, and therefore, this section and 33-3-28 NMSA 1978 serve as
powerful indicators of the legislature’s intent in 31-20A-5A NMSA 1978. State v. Young,
2004-NMSC-015, 135 N.M. 458, 90 P.3d 477.
"Peace officer" in 31-20A-5A NMSA 1978 includes jailers and corrections officers
while they are engaged in the duties for which the legislature designated them to be
peace officers as in 33-3-28 NMSA 1978 and this section. State v. Young, 2004-NMSC-
015, 135 N.M. 458, 90 P.3d 477.
Legislature intended its reference to "enforcement of laws" in 33-3-28A NMSA
1978 and Subsection A of this section to apply to the duty of corrections officers to
maintain order in a correctional facility. State v. Young, 2004-NMSC-015, 135 N.M. 458,
90 P.3d 477.
Prison guards in the department of corrections are not law enforcement officers
for purposes of 41-4-3D NMSA 1978, because: (1) the principal duties of prison guards
are to hold in custody persons who have already been convicted rather than merely
accused of a criminal offense; (2) maintenance of public order relates to a public not a
penitentiary setting; and (3) although prison guards may have the supplemental power
to arrest pursuant to the guidelines of this section, their principal statutory duties are
those set forth in 33-2-15 NMSA 1978. Callaway v. N.M. Dep't of Corr., 1994-NMCA-
049, 117 N.M. 637, 875 P.2d 393, cert. denied, 118 N.M. 90, 879 P.2d 91.
Juvenile correctional officer is a peace officer for purposes of the battery on a peace
officer statute, despite the fact that JCOs are no longer under the control of the New
Mexico corrections department. State v. Gutierrez, 1993-NMCA-058, 115 N.M. 551, 854
P.2d 878, cert. denied, 115 N.M. 545, 854 P.2d 872.
33-1-11. Correctional officer qualifications.
Members of the corrections department correctional officer force, excluding
correctional specialists, shall:
A. at the time of their appointment, be citizens of the United States;
B. at the time of their appointment, have reached age of majority;
C. have at least a high school education or its equivalent;
D. be of good moral character and not have been convicted of a felony or any
infamous crime in the courts of this or any other state or in the federal courts; and
E. successfully pass any physical and aptitude examination the department may
require.
History: Laws 1981, ch. 132, § 2; 1986, ch. 40, § 1.Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1983–2023 · leading case: State v. Young, 2004 NMSC 15 (N.M. 2004).
State v. Young, 2004 NMSC 15 (N.M. 2004). “{18} Following our decision in Rhea, the Court of Appeals held that corrections officers were not “peace officers” within the meaning of Section 30-1-12(0) because, unlike jailers, the statute specifically governing corrections officers, NMSA 1978, § 33-1-10 (1984, prior to 1986…”
Callaway v. New Mexico Dep't of Corr., 875 P.2d 393 (N.M. Ct. App. 1994). “at 8; and (3) although prison guards may have the supplemental power to arrest pursuant to the guidelines of Section 33-1-10, their principal statutory duties are those set forth in Section 33-2-15, slip op.”
Vigil Ex Rel. Est. of Vigil v. Martinez, 832 P.2d 405 (N.M. Ct. App. 1992). “* * * [A]ny employee of the corrections department who has at the particular time the principal duty to hold in custody or supervise any person accused or convicted of a criminal offense or placed in the legal custody or supervision of the corrections department, shall have the…”
Rayos v. State Ex Rel. New Mexico Dep't of Corr., Adult Prob. & Parole Div., 2014 NMCA 103 (N.M. Ct. App. 2014). “Vigil specifically considered and rejected the contention that Section 33-1-10, which gives probation and parole officers certain powers of peace officers, establishes that a probation and parole officer is a “law enforcement officer.”
Pena v. Greffet, 922 F. Supp. 2d 1187 (D.N.M. 2013). “Section 33-1-17 of the New Mexico Statutes Annotated, which allows for corrections facilities to be owned and operated by private contractors, provides that a private contractor’s "employees performing the functions of correctional officers shall be deemed correctional officers…”
State v. Tabaha, 714 P.2d 1010 (N.M. Ct. App. 1986). “NMSA 1978, Section 33-1-10 (Cum.Supp.1985) gives correctional officers, whose duty it is to hold people in custody, the powers of peace officers to arrest and enforce laws on the premises of a correctional facility.”
Giron v. Corr. Corp. of Am., 14 F. Supp. 2d 1245 (D.N.M. 1998). “See N.M.Stat.Ann. §§ 33-1-10, 33-1-11, 33-1-17 (Michie 1990 & Supp.”
Anchondo v. Corr. Dep't, 666 P.2d 1255 (N.M. 1983). “1978, specifically grants uniformed guards of the corrections division “the power of peace officers, as regards arrests and enforcement of laws, when upon the premises of a correctional facility under the control of the corrections division.” Those persons working at the…”
State v. Tabaha, 714 P.2d 1010 (N.M. Ct. App. 1986). “NMSA 1978, Section 33-1-10 (Cum.Supp. 1985) gives correctional officers, whose duty it is to hold people in custody, the powers of peace officers to arrest and enforce laws on the premises of a correctional facility.”
Lymon v. Aramark Corp., 728 F. Supp. 2d 1222 (D.N.M. 2010). “), in which Judge Campos held that prison guards in the department of corrections are not law-enforcement officers for purposes of § 41-4-3D because: (i) the principal duties of prison guards are to hold in custody persons who have already been convicted rather than merely…”
State v. Gutierrez, 854 P.2d 878 (N.M. Ct. App. 1993). “Nothing in the act creating the Youth Authority grants any powers to or imposes any duties on JCOs—instead, the act is directed solely at the administrative reorganization of the various divisions consolidated under the Youth Authority.”
Callaway v. Nm Dept. of Corr., 875 P.2d 393 (N.M. Ct. App. 1994). “at 8; and (3) although prison guards may have the supplemental power to arrest pursuant to the guidelines of Section 33-1-10, their principal statutory duties are those set forth in Section 33-2-15, slip op.”
N.M. Stat. § 33-1-10(A): 4 cases
Callaway v. New Mexico Dep't of Corr., 875 P.2d 393 (N.M. Ct. App. 1994). “at 8; and (3) although prison guards may have the supplemental power to arrest pursuant to the guidelines of Section 33-1-10, their principal statutory duties are those set forth in Section 33-2-15, slip op.”
Rayos v. State Ex Rel. New Mexico Dep't of Corr., Adult Prob. & Parole Div., 2014 NMCA 103 (N.M. Ct. App. 2014). “Vigil specifically considered and rejected the contention that Section 33-1-10, which gives probation and parole officers certain powers of peace officers, establishes that a probation and parole officer is a “law enforcement officer.”
Callaway v. Nm Dept. of Corr., 875 P.2d 393 (N.M. Ct. App. 1994). “at 8; and (3) although prison guards may have the supplemental power to arrest pursuant to the guidelines of Section 33-1-10, their principal statutory duties are those set forth in Section 33-2-15, slip op.”
Bradshaw v. Mgmt. & Training Corp. (D.N.M. 2023).
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