New Mexico Statutes

N.M. Stat. § 33-3-1 (2026)

Common jails; operation by sheriff, jail administrator or

✓ current as of May 2026

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independent contractor.
   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.

                                      ANNOTATIONS

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.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1980–2025 · leading case: State v. Young, 2004 NMSC 15 (N.M. 2004).

Sort: Relevance Newest Treatment

State v. Young, 2004 NMSC 15 (N.M. 2004). · cites it 6× “{26} In addition, although the definition of “jailer” includes designation by the sheriff, the Legislature has also provided that “[t]he common jails shall be under the control of the respective sheriffs, independent contractors or jail administrators hired by the board of…”

Moya v. Garcia, 895 F.3d 1229 (10th Cir. 2018). “See N.M. Stat. Ann. § 33-3-1 ("The common jails shall be under the control of the respective sheriffs.”

Methola v. Cnty. of Eddy, 622 P.2d 234 (N.M. 1980). · cites it 2× “See Section 33-3-1 to 33-3-23, N.M.S.A. 1978.”

Butt v. Bank of Am., N.A., 477 F.3d 1171 (10th Cir. 2007). “The Uniform Trustees Accounting Act and the Uniform Trusts Act define "trustee” as including "successor .”

Abalos v. Bernalillo Cnty. Dist. Attorney's Off., 734 P.2d 794 (N.M. Ct. App. 1987). “NMSA 1978, Sections 33-3-1 to -25 (Repl.Pamp.1983 & Cum.”

Anchondo v. Corr. Dep't, 666 P.2d 1255 (N.M. 1983). “See §§ 33-3-1 through 33-3-23, N.M.S.A. 1978 (Orig.”

State v. Pitts, 700 P.2d 650 (N.M. Ct. App. 1985). · cites it 2× “NMSA 1978, § 33-3-1 (Repl.Pamp.1983). Defendant had been transferred from the children’s court.”

Moya v. Garcia, 887 F.3d 1161 (10th Cir. 2018). “See N.M. Stat. Ann. § 33-3-1 ("The common jails shall be under the control of the respective sheriffs.”

Antonio v. Bd. of Cnty. Commissioners for the Cnty. of Cibola (D.N.M. 2021). · cites it 2× “See NMSA 1978 § 33-3-1(A) (1998 Repl. Pamp.) (“The common jails shall be under the control of … jail administrators hired by the board or county commissioners….”

Amdor v. Grisham (N.M. 2025). · cites it 2× “” Petitioners suggest this 14 requirement encroaches on the Legislature’s exercise of the police power to regulate 15 jails in NMSA 1978, §§ 33-3-1 to -28 (1959, as amended through 2023), including 16 by “effectively mandat[ing] an agreement between MDC and other agencies .”

State v. Garcia, 651 P.2d 120 (N.M. Ct. App. 1982). · cites it 2× “These laws have continued in force, with but slight amendments, from 1866 until the present day, and they now are compiled as §§ 33-3-1 and 33-3-3, N.M.S.A. 1978. The New Mexico Reform School, now New Mexico Boys’ School, was created as a state [territorial] institution by Laws…”

Abalos v. Bernalillo Cnty. DA's Off., 734 P.2d 794 (N.M. Ct. App. 1987). “NMSA 1978, Sections 33-3-1 to -25 (Repl.Pamp. 1983 & Cum.”

— N.M. Stat. § 33-3-1(A) — 2 cases

State v. Young, 2004 NMSC 15 (N.M. 2004). “{26} In addition, although the definition of “jailer” includes designation by the sheriff, the Legislature has also provided that “[t]he common jails shall be under the control of the respective sheriffs, independent contractors or jail administrators hired by the board of…”

Antonio v. Bd. of Cnty. Commissioners for the Cnty. of Cibola (D.N.M. 2021). “See NMSA 1978 § 33-3-1(A) (1998 Repl. Pamp.) (“The common jails shall be under the control of … jail administrators hired by the board or county commissioners….”

— N.M. Stat. § 33-3-1(B) — 1 case

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