N.M. Stat. § 4-44-18
Sheriffs, deputy sheriffs and guards; expenses incurred in
serving process and certain other official business; per diem.
A. Sheriffs, their deputies and guards shall be paid per diem expenses at the rate
authorized in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] by the
counties on behalf of which expenses are incurred in:
(1)
service of criminal process issued out of the supreme court or district
court;
(2)
service of criminal process issued out of a magistrate court when the
issuance is approved in writing by the district attorney or his assistants;
(3)
service of civil process issued by the district court; and
(4)
attempting to discover or arrest a person charged with a felony if written
authorization is obtained from the district judge.
B. Expenses authorized pursuant to this section shall be paid on the rendition of
sworn accounts filed in the county clerk's office and approved by the board of county
commissioners and the district judge.
C. Sheriffs, their deputies and guards shall be paid per diem and mileage expenses
at the rate authorized in the Per Diem and Mileage Act for extraditing prisoners from
without the state and for transporting persons committed by a court to a state institution
or required to be returned by order of the court from a state institution to the county of
commitment. Subject to appropriation by the legislature, the county shall be reimbursed
by the state for the per diem, costs for mileage and other necessary travel expenses
incurred pursuant to this subsection by submitting claims for reimbursement to the
department of finance and administration in accordance with the department's
regulations. 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.