N.M. Stat. » N.M. Stat. / Chapter 33 / Article 3
New Mexico Statutes

N.M. Stat. § 33-3-12 (2026)

Commitments to be furnished; orders of release; penalty.

✓ current as of May 2026
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A. Every public officer who has power to order the imprisonment of any person for
violation of law shall, on making such order, transmit to the sheriff, jail administrator or
independent contractor of his respective county a true copy of the order so that the
person imprisoned may be considered under his custody until expiration of the
commitment or until further steps, as provided by law, are taken to obtain the prisoner's
liberty, of which he shall, in due time, notify the sheriff, jail administrator or independent
contractor in writing.

    B. Any jailer who deliberately and knowingly releases a prisoner without an order of
release as provided in this section, except upon expiration of the prisoner's term of
commitment, is guilty of a misdemeanor and shall be removed from office.

History: Laws 1863-1864, p. 96; C.L. 1865, ch. 92, § 22; C.L. 1884, § 484; C.L. 1897, §
835; Code 1915, § 3048; C.S. 1929, § 75-116; 1941 Comp., § 45-210; 1953 Comp., §
42-2-10; Laws 1968, ch. 62, § 155; 1983, ch. 181, § 12; 1984, ch. 18, § 2; 1984, ch. 22,
§ 12.

                                      ANNOTATIONS

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

Responsibility for expenses and upkeep of prisoners. — A county becomes
responsible for paying the expenses and upkeep of prisoners arrested by municipal
police on state charges at such times as the prisoners are delivered to the actual
custody of the county jail, along with any necessary paperwork; a county becomes
responsible for medical costs of indigent prisoners at the same time and in the same
circumstances. 1985 Op. Att'y Gen. No. 85-03.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 C.J.S. Prisons and Rights of
Prisoners § 155.
Notes of Decisions
Cited in 5 cases, 2000–2018 · leading case: Chavez v. Cnty. of Bernalillo, 3 F. Supp. 3d 936 (D.N.M. 2014).
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Chavez v. Cnty. of Bernalillo, 3 F. Supp. 3d 936 (D.N.M. 2014). · cites it 20× “The Defendants direct the Court to N.M. Stat. Ann. § 33-3-12 (B): “Any jailer who deliberately and knowingly releases a prisoner without an order of release as provided in this section, except upon expiration of the prisoner’s term of commitment, is guilty of a misdemeanor and…”
Wilson v. Montano, 715 F.3d 847 (10th Cir. 2013). · cites it 2× “N.M. Stat. Ann. § 33-3-12 (B) Finally, appellants argue it would have been impossible to provide Wilson with the relief he sought due to operation of N.”
Moya v. Garcia, 895 F.3d 1229 (10th Cir. 2018). “N.M. Stat. Ann. § 33-3-12 . Thus, a jailer would be forced to choose between committing a crime and facing civil liability under § 1983.”
Reed v. State of New Mexico, 236 F.3d 588 (10th Cir. 2000). “N.M. Stat. § 33-3-12(A). As Mr. Reed points out, Judge Nelson’s order did grant him a writ of habeas corpus, thereby freeing him from imprisonment; however, the order only instructed that Mr.”
Moya v. Garcia, 887 F.3d 1161 (10th Cir. 2018). “N.M. Stat. Ann. § 33-3-12 . Thus, a jailer would be forced to choose between committing a crime and facing civil liability under § 1983.”
— N.M. Stat. § 33-3-12(A) — 1 case
Reed v. State of New Mexico, 236 F.3d 588 (10th Cir. 2000). “N.M. Stat. § 33-3-12(A). As Mr. Reed points out, Judge Nelson’s order did grant him a writ of habeas corpus, thereby freeing him from imprisonment; however, the order only instructed that Mr.”
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