N.M. Stat. § 33-3-1
Common jails; operation by sheriff, jail administrator or
independent contractor.
A. The common jails shall be under the control of the respective sheriffs,
independent contractors or jail administrators hired by the board of county
commissioners or other local public body or combination thereof, and the same shall be
used as prisons in the respective counties.
B. Contracts between local public bodies and private independent contractors for
the operation, or provision and operation, of a jail are specifically authorized by this
section; provided that prior to July 1, 1987, no more than two pilot projects involving
private independent contractors are authorized in New Mexico, pursuant to Section 33-
3-26 NMSA 1978.