33-1-10. Correctional officers; employees; acting as peace officers.
331 words·~2 min read·
/nm/chapter-33-correctional-institutions/article-1-corrections-department/33-1-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.