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.
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.
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