A. The county sheriffs shall be reimbursed for the actual expense incurred for the care and feeding of prisoners in transit. Reimbursement shall not be made pursuant to this section without proof of actual expenses incurred by a sheriff or his delegate. The reimbursement for any prisoner shall not exceed the rate set by the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. B. Subject to appropriation by the legislature, a county shall be reimbursed by the state for the actual expenses incurred for the care and feeding of prisoners in transit. Notwithstanding the provisions of this subsection, a single county shall not receive more than fifty percent of the total amount of money allocated to all counties as reimbursement. History: 1953 Comp., § 15-43-14.2, enacted by Laws 1961, ch. 253, § 8; 1977, ch. 107, § 2; 1983, ch. 181, § 2; 2003, ch. 219, § 2. ANNOTATIONSCross references. — For allowance for feeding prisoners generally, see 4-44-19 NMSA 1978. The 2003 amendment, effective July 1, 2003, added the subsection designation A and added Subsection B.
New Mexico Legal Code