0001| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 880 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO PUBLIC SAFETY; PROVIDING FOR THE CONFINEMENT OF | 0013| PRISONERS IN COUNTY AND MUNICIPAL JAILS. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 33-3-13 NMSA 1978 (being Laws 1889, | 0017| Chapter 8, Section 1, as amended) is amended to read: | 0018| "33-3-13. PRISONERS [WAITING] AWAITING TRIAL--CONFINEMENT | 0019| IN COUNTY JAIL.--All persons charged with crime committed in | 0020| the state, while awaiting indictment or trial on such charge, | 0021| shall be incarcerated in the county jail of the county wherein | 0022| [such] the crime is alleged to have been committed or any | 0023| facility operated by [agreement between such counties or | 0024| municipalities] any county or municipality, except that such | 0025| persons may be temporarily imprisoned in such other places of | 0001| confinement while being conveyed or awaiting conveyance [to the | 0002| jail of the proper county] by the sheriff of the county where | 0003| the crime is alleged to have been committed; provided that the | 0004| sheriff or jail administrator of any county, having the custody | 0005| of anyone charged with the commission of crime, shall be | 0006| authorized to remove such person to another county jail or any | 0007| other place of safety when in the opinion of the sheriff or | 0008| jail administrator the life of such person or others is in | 0009| imminent danger; provided further that this section shall not | 0010| prevent a person being confined in a jail other than the one | 0011| belonging to the county in which the crime charged is alleged | 0012| to have been committed when such person is confined in such | 0013| other jail in consequence of having taken a change of venue to | 0014| such other county." | 0015| Section 2. Section 33-3-14 NMSA 1978 (being Laws 1889, | 0016| Chapter 8, Section 2, as amended) is amended to read: | 0017| "33-3-14. WHICH COUNTY TO PAY EXPENSE.--[SEC. 18.] | 0018| Whenever any person [shall be] is imprisoned in any [county] | 0019| facility operated by any county or municipality other than the | 0020| county in which the crime is alleged to have been committed [in | 0021| violation of this chapter], the expense of such imprisonment | 0022| shall be borne by the county [in which such person is so | 0023| imprisoned] where the crime is alleged to have been committed. | 0024| Provided, that whenever any prisoner [shall be] is removed to | 0025| another county under the provisions of [the preceding] Section | 0001| 33-3-13 NMSA 1978 then, and in such case, the expense of | 0002| removal and keeping [such] the prisoner shall be paid by the | 0003| county from which [such] the prisoner was [so] removed." | 0004| Section 3. EFFECTIVE DATE.--The effective date of the | 0005| provisions of this act is July 1, 1997. | 0006|  |