44th legislature - STATE OF NEW MEXICO - second session, 2000

REQUESTING THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE TO STUDY ISSUES SURROUNDING DETENTION COSTS THAT RESULT WHEN PERSONS COMMIT CRIMES THAT COULD BE CHARGED UNDER EITHER MUNICIPAL ORDINANCE OR STATE LAW.

WHEREAS, an increasing number of law enforcement officers are charging violators under state statutes rather than municipal ordinances when crimes are committed within municipal boundaries; and

WHEREAS, by filing in magistrate court under state statutes rather than filing in municipal court under municipal ordinances, the counties must pay the costs of housing the inmates; and

WHEREAS, there are different practices around the state concerning when more serious offenders enter the state judicial system and become the financial responsibility of the county, and, too often, counties must bear a disproportionate share of detention costs generated by law enforcement activities within the jurisdictional boundaries of the municipalities;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the courts, corrections and criminal justice committee be requested to study the issues surrounding detention costs and responsibilities that result when persons commit crimes that could be charged under either municipal ordinance or state law; and

BE IT FURTHER RESOLVED that the committee be requested to develop a recommendation to the first session of the forty-fifth legislature for an equitable statewide system that standardizes and defines when a prisoner is a county or municipal responsibility; and

BE IT FURTHER RESOLVED that the committee seek the participation and assistance of the New Mexico association of counties and New Mexico municipal league in the study and recommendations; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico legislative council, the New Mexico association of counties and the New Mexico municipal league.