The sheriff of any county or the jail administrator of any jail with the approval of the board of county commissioners and the governing body of the municipality, as applicable, may establish a prisoner-release program in accordance with the provisions of Sections 33-2-43 and 33-2-44 NMSA 1978. The labor and industrial commission shall exercise the same supervision over conditions of employment for prisoners working under a prisoner-release program as it does over conditions of employment for free persons. A prisoner working under a prisoner-release program is not entitled to any benefits under the Unemployment Compensation Law [Chapter 51 NMSA 1978] during the term of his sentence. No prisoner involved in a prisoner-release program is an agent, employee or involuntary servant of a county jail while attending school, working in private business or going to or from such assignment.

History: Laws 1981, ch. 4, § 1.

ANNOTATIONS

No 30-day limit on local prisoner release programs. — Local program providing for electronic monitoring of prisoners is not limited to 30 days or less because Section 33-2-45 NMSA 1978 was not included in the authorizing statute, Section 33-3-24 NMSA 1978; therefore, a repeat driving while impaired offender was permitted to serve four months on electronic monitoring because it constituted official confinement. State v. Frost, 2003-NMCA-002, 133 N.M. 45, 60 P.3d 492, cert. denied, 133 N.M. 126, 61 P.3d 835.

33-3-25. Local government corrections fund created; administration; distribution.

A. There is created in the state treasury the "local government corrections fund" to be administered by the local government division of the department of finance and administration. The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978].

B. All balances in the local government corrections fund are appropriated to the local government division of the department of finance and administration for payment to counties for county jailer or juvenile detention officer training; for the construction planning, construction, maintenance and operation of the county detention facility, jail or juvenile detention facility; for paying the cost of housing county prisoners or juveniles in any detention facility in the state; for alternatives to incarceration; or for complying with match or contribution requirements for the receipt of federal funds relating to detention facilities, jails or juvenile detention facilities.

C. Payments from the local government corrections fund shall be made upon vouchers issued and signed by the local government division of the department of finance and administration upon warrants drawn by the secretary of finance and administration.

D. All money received by a county pursuant to this section shall be deposited in a special fund in the county treasury and shall be used solely for:

(1) county jailer or juvenile detention officer training;

(2) the construction planning, construction, maintenance and operation of the county detention facility, jail or juvenile detention facility;

(3) paying the cost of housing county prisoners or juveniles in any detention facility in the state;

(4) alternatives to incarceration; or

(5) complying with match or contribution requirements for the receipt of federal funds relating to detention facilities, jails or juvenile detention facilities.

History: Laws 1983, ch. 134, § 1; 1985, ch. 27, § 1; 1987, ch. 251, § 1; 1989, ch. 133, § 2; 2003, ch. 424, § 1; 2011, ch. 173, § 1; 2023, ch. 184, § 7.

Cross references. — For police ordinances and county jails, see 3-18-20 NMSA 1978.

For joint agreements for the construction, management and operation of correctional and detention facilities and jails, see 33-3-2 NMSA 1978.

For the duties of the director of the administrative office of the courts, see 34-9-3 NMSA 1978.

The 2023 amendment, effective July 1, 2024, moved the administration of the local government corrections fund from the administrative office of the courts to the local government division of the department of finance and administration, and revised certain provisions related to the administration of the fund; in Subsection A, after "administered by the", deleted "administrative office of the courts" and added "local government division of the department of finance and administration. The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act"; in Subsection B, after "appropriated to the", deleted "administrative office of the courts" and added "local government division of the department of finance and administration", and deleted "Payments shall be made quarterly upon certification by the magistrate court or metropolitan court and the motor vehicle division of the taxation and revenue department of eligible amounts as provided in Subsection C of this section"; deleted former Subsection C and redesignated former Subsections D and E as Subsections C and D, respectively; and in Subsection C, after "signed by the", deleted "director of the administrative office of the courts" and added "local government division of the department of finance and administration".

The 2011 amendment, effective July 1, 2011, eliminated payments of the local government corrections fund to municipalities.

The 2003 amendment, effective July 1, 2003, rewrote the section.

The 1989 amendment, effective June 16, 1989, in Subsection B deleted "solely" following "those municipalities" in the first sentence, inserted "or juvenile detention officer", "or juvenile detention facility", "or juveniles", and "a juvenile detention facility" in the first sentence, and substituted "taxation and revenue department" for "transportation department" in the second sentence; and in Subsection E inserted "or juvenile detention training, for", "or juvenile detention facility", and "or juveniles", and substituted "or for contribution" for "or contribution".