SENATE BILL 482

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Steven P. Neville

AN ACT

RELATING TO CRIMINAL PROCEDURE; AMENDING A SECTION OF CHAPTER 31 NMSA 1978 TO PROVIDE FOR COUNTIES TO REQUIRE DEFENDANTS TO PAY THE ACTUAL COSTS OF THEIR PROBATION.

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

     Section 1. Section 31-20-5.1 NMSA 1978 (being Laws 2000, Chapter 49, Section 1) is amended to read:

     "31-20-5.1. MISDEMEANOR COMPLIANCE PROGRAMS--COUNTIES MAY ESTABLISH--FEES.--

          A. A county may create a "misdemeanor compliance program" to monitor defendants' compliance with the conditions of probation imposed by a district or magistrate court. The program shall be limited to participation by persons who have been convicted of a misdemeanor criminal offense specified in the Criminal Code, convicted of driving while under the influence of intoxicating liquor or drugs or convicted of driving while the person's driver's license is suspended or revoked pursuant to the Motor Vehicle Code. A county's program shall comply with guidelines established by the administrative office of the courts.

          B. As a condition of probation, [the district or magistrate court may require the defendant to pay a fee of not less than fifteen dollars ($15.00) nor more than thirty dollars ($30.00) per month to the county for the term of his probation] the defendant upon conviction shall be required to pay the actual costs of the defendant's supervised probation service to the local county misdemeanor compliance program not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), pursuant to policy set by the local county commission. Community service may be completed in lieu of monthly installments at the current federal minimum wage rate. The defendant's payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant's payment of the supervised probation costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate supervisor of the adult probation and parole division of the corrections department shall advise the court, and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded. Money collected by the county pursuant to this subsection shall be used only to operate the misdemeanor compliance program."

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