The corrections division [corrections department] shall decide what improvements shall be made in the penitentiary and on property owned by the penitentiary, whether the same shall be enlarged, or the erection of the extension of the prison or prison walls, the erection of workshops or other buildings or improvements shall be made; provided that the corrections division [corrections department] shall not make any improvements that will require an expenditure of money in excess of the appropriations made by the legislature for that purpose, which improvements shall be made under the direction of the warden on plans furnished by the division [department] and he shall employ such number of convicts in making such improvements as the division [department] may deem advisable, and shall employ the remainder of the convicts as may be most advantageous to the state or the penitentiary.
All amounts received by the penitentiary of New Mexico from the sale or mortgaging of any real property is [are] hereby appropriated to be used for the purchase of equipment for prison industries, or for the construction of buildings or structures for prison industries, or used to pay interest on, or to retire any bonds issued by the penitentiary commissioners or the corrections division [corrections department].
History: Laws 1889, ch. 76, § 29; C.L. 1897, § 3518; Code 1915, § 5041; C.S. 1929, § 130-124; 1941 Comp., § 45-111; Laws 1951, ch. 61, § 3; 1953 Comp., § 42-1-11; Laws 1955, ch. 238, § 1; 1963, ch. 168, § 1; 1977, ch. 257, § 64.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
See compiler's notes to 33-2-1 NMSA 1978.
Compiler's notes. — The 1915 Code compilers, in conformity to N.M. Const., art. XX, § 18, deleted from the end of the present first paragraph the following: "provided, however, that he shall classify the convicts, and if it shall be more in the interest of the penitentiary or the territory to hire out the labor of the convicts to be worked under the control of the superintendent, he may hire out such labor with the consent of the board of penitentiary commissioners."
Two methods for handling funds for improvements to penitentiary. — If the penitentiary has legal title to the land upon which the buildings or improvements are to be placed, then additional appropriation is not necessary and either of two methods may be utilized for handling the funds: (1) payment into the state treasury and disbursement therefrom under state treasury procedure, or (2) 6-10-54 NMSA 1978 provides that penal institutions of the state may be exempt from the provisions of 6-10-3 NMSA 1978, which requires that the moneys be paid into the state treasury. Section 6-10-54 NMSA 1978 provides that the funds of such institutions may be deposited in a qualified depository to the account of the board of such institution. By implication, disbursement thereof under this section shall be made by the treasurer upon authority of the board. In this connection it may be stated that the treasurer of the state of New Mexico is the ex-officio treasurer of the board of directors of the state penitentiary, and therefore no new bond would be required of the treasurer since he is already bonded. 1955 Op. Att'y Gen. No. 55-6079.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 162 to 173.