45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO COURTS; CREATING AN ADDITIONAL JUDGESHIP IN THE BERNALILLO COUNTY METROPOLITAN COURT; ESTABLISHING AND EXPANDING DRUG COURT PROGRAMS IN THE SECOND, THIRD, FOURTH, FIFTH, SIXTH, EIGHTH, NINTH, ELEVENTH, TWELFTH AND THIRTEENTH JUDICIAL DISTRICTS AND IN THE BERNALILLO COUNTY METROPOLITAN COURT; PROVIDING ADDITIONAL RESOURCES FOR DISTRICT ATTORNEYS AND PUBLIC DEFENDERS; AMENDING A SECTION OF THE NMSA 1978; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 34-8A-4.1 NMSA 1978 (being Laws 1981, Chapter 318, Section 2, as amended) is amended to read:

"34-8A-4.1. METROPOLITAN COURT JUDGES--TERMS OF OFFICE--ELECTION.--

A. The elected term of office for each judge of the metropolitan court is four years.

B. Any person appointed to fill a vacancy on the metropolitan court after January 1, 1989 shall serve until the next general election. That person's successor shall be chosen at that general election and shall hold the office until the general election four years later.

C. Judges of the Bernalillo county metropolitan court for divisions thirteen, fourteen and fifteen shall be appointed and shall serve until the 1992 general election. Their successors shall be chosen at that general election and shall hold office until the general election four years later. Additional judges shall be appointed and elected pursuant to Article 6 of the constitution of New Mexico.

D. A judge of the Bernalillo county metropolitan court for division sixteen shall be appointed and shall serve until the 2000 general election. His successor shall be chosen at that general election and shall hold office until the general election four years later.

E. A judge of the Bernalillo county metropolitan court for division seventeen shall be appointed and shall serve until the 2002 general election. His successor shall be chosen at that general election and shall hold office until the general election four years later."

Section 2. TEMPORARY PROVISION--BERNALILLO COUNTY METROPOLITAN COURT--DRUG COURT.--The additional Bernalillo county metropolitan court judgeship provided for in Section 1 of this act shall preside over the operation of a drug court.

Section 3. TEMPORARY PROVISION--APPOINTMENT.--The additional Bernalillo county metropolitan court judgeship provided for in Section 1 of this act shall be filled by the governor pursuant to the provisions of Article 6 of the constitution of New Mexico for a term beginning July 1, 2001.

Section 4. APPROPRIATIONS.--

A. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2002 for the purpose of expanding an adult drug court program in the second judicial district:

(1) four hundred fourteen thousand eight hundred dollars ($414,800) to the second judicial district court for contractual services, supplies and equipment and to provide a salary and benefits for a clerk;

(2) thirty-five thousand dollars ($35,000) to the second judicial district attorney to provide a salary and benefits for a paralegal; and

(3) thirty-five thousand dollars ($35,000) to the public defender department to provide a salary and benefits, supplies, furniture and office equipment for a social worker due to increased workload in the second judicial district court.

B. One hundred one thousand dollars ($101,000) is appropriated from the general fund to the second judicial district court for expenditure in fiscal year 2002 for contractual services, supplies and equipment for the purpose of establishing a dependency drug court program and to provide a salary and benefits for an administrative assistant. C. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2002 for the purpose of expanding an adult drug court program in the third judicial district: (1) one hundred twenty-one thousand six hundred dollars ($121,600) to the third judicial district court for contractual services, supplies and equipment and to provide salaries and benefits for a program director and a secretary; and

(2) forty thousand one hundred dollars ($40,100) to the public defender department to provide a salary and benefits, supplies, furniture and office equipment for a paralegal due to increased workload in the third judicial district court.

D. One hundred thirty-eight thousand four hundred dollars ($138,400) is appropriated from the general fund to the third judicial district court for expenditure in fiscal year 2002 for contractual services, supplies and equipment for the purpose of establishing a dependency drug court program and to provide salaries and benefits for a secretary and a surveillance officer.

E. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2002 for the purpose of establishing a juvenile drug court program in the fourth judicial district:

(1) one hundred two thousand three hundred dollars ($102,300) to the fourth judicial district court for contractual services, supplies and equipment and to provide salaries and benefits for a part-time program director and a part-time administrative assistant;

(2) twenty-five thousand dollars ($25,000) to the children, youth and families department to provide a salary and benefits for a half-time juvenile probation officer; and

(3) twenty thousand dollars ($20,000) to the public defender department to pay for contract counsel costs associated with increased workload in the fourth judicial district court.

F. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2002 for the purpose of establishing a juvenile drug court program in the fifth judicial district:

(1) ninety-seven thousand six hundred dollars ($97,600) to the fifth judicial district court for contractual services, supplies and equipment and to provide salaries and benefits for a part-time program director and a part-time administrative assistant;

(2) twenty-five thousand one hundred dollars ($25,100) to the children, youth and families department to provide a salary and benefits for a half-time juvenile probation officer; and

(3) twenty-five thousand dollars ($25,000) to the public defender department to provide a salary and benefits for a public defender attorney due to increased workload in the fifth judicial district court.

G. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2002 for the purpose of establishing a dependency drug court program in the fifth judicial district:

(1) ninety-seven thousand two hundred dollars ($97,200) to the fifth judicial district court for contractual services, supplies and equipment and to provide salaries and benefits for a part-time program director and an administrative assistant; and

(2) ten thousand dollars ($10,000) to the institute for social research at the university of New Mexico for an evaluation of the dependency drug court program.

H. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2002 for the purpose of establishing an adult drug court program in the sixth judicial district:

(1) one hundred fifty-three thousand three hundred dollars ($153,300) to the sixth judicial district court for contractual services, supplies and equipment and to provide a salary and benefits for a program director; and

(2) thirty-five thousand five hundred dollars ($35,500) to the public defender department to pay for contract counsel costs due to increased workload in the sixth judicial district court.

I. Fifty-one thousand dollars ($51,000) is appropriated from the general fund to the sixth judicial district court for expenditure in fiscal year 2002 for contractual services, supplies and equipment for the purpose of expanding the juvenile drug court program and to provide a salary and benefits for an additional surveillance officer.

J. Two hundred ninety-seven thousand two hundred dollars ($297,200) is appropriated from the general fund to the eighth judicial district court for expenditure in fiscal year 2002 for contractual services, supplies and equipment for the purpose of expanding the adult drug court program and to provide salaries and benefits for a half-time coordinator and a one-tenth time special master.

K. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2002 for the purpose of establishing a juvenile drug court program in the ninth judicial district:

(1) one hundred ten thousand seven hundred dollars ($110,700) to the ninth judicial district court for contractual services, supplies and equipment and to provide a salary and benefits for a program director; and

(2) forty thousand dollars ($40,000) to the public defender department to provide a salary and benefits, supplies, furniture and office equipment for a paralegal due to increased workload in the ninth judicial district court.

L. One hundred thousand dollars ($100,000) is appropriated from the general fund to the eleventh judicial district court for expenditure in fiscal year 2002 for contractual services, supplies and equipment for the purpose of expanding the adult drug court program.

M. One hundred forty-three thousand seven hundred dollars ($143,700) is appropriated from the general fund to the eleventh judicial district court for expenditure in fiscal year 2002 for contractual services, supplies and equipment for the purpose of establishing a juvenile drug court program and to provide salaries and benefits for a probation officer and a secretary.

N. One hundred seventy-five thousand two hundred dollars ($175,200) is appropriated from the general fund to the twelfth judicial district court for expenditure in fiscal year 2002 for contractual services, supplies and equipment for the purpose of establishing an adult drug court program and to provide salaries and benefits for a program director and a secretary.

O. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2002 for the purpose of expanding the juvenile drug court program in the thirteenth judicial district:

(1) two hundred ninety thousand dollars ($290,000) to the thirteenth judicial district court for contractual services, supplies and equipment and to provide salaries and benefits for a coordinator, an administrative assistant and a surveillance officer; and

(2) thirty thousand dollars ($30,000) to the public defender department to pay for contract counsel costs associated with increased workload in the thirteenth judicial district court.

P. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2002 for the purpose of expanding the DWI adult drug court program in the Bernalillo county metropolitan court:

(1) one million eight hundred fifty-eight thousand two hundred dollars ($1,858,200) to the Bernalillo county metropolitan court for contractual services, supplies and equipment and to provide salaries and benefits for an additional judge, twelve probation officer 2 positions; two probation officer 3 positions, five judicial specialist 2 positions and a trial court administrative assistant; and

(2) forty thousand dollars ($40,000) to the institute for social research at the university of New Mexico for a two-year evaluation of the drug court program.

Q. Forty thousand dollars ($40,000) is appropriated from the general fund to the public defender department for expenditure in fiscal year 2002 to provide a salary and benefits, supplies, furniture and office equipment for a social worker to support the caseload in the Bernalillo county metropolitan court.

R. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2002 for the purpose of supporting drug courts throughout the state:

(1) eighty-five thousand seven hundred dollars ($85,700) to the administrative office of the courts for supplies and equipment and to provide a salary and benefits for a statewide drug court coordinator position; and

(2) one hundred seventy-one thousand seven hundred dollars ($171,700) to the institute for social research at the university of New Mexico for a statewide evaluation of drug court programs.

S. Any unexpended or unencumbered balance remaining from any of the appropriations in this section at the end of fiscal year 2002 shall revert to the general fund.

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.