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

RELATING TO JAILS; REQUIRING THE CORRECTIONS DEPARTMENT TO REIMBURSE COUNTIES FOR THE EXPENSE OF INCARCERATING CERTAIN STATE PRISONERS IN COUNTY JAILS; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 33-3-3 NMSA 1978 (being Laws 1865-1866, Chapter 19, Section 2, as amended) is amended to read:

"33-3-3. CONFINEMENT OF PRISONERS IN COUNTY WHERE OFFENSE COMMITTED--REIMBURSEMENT TO COUNTIES FOR INCARCERATING STATE PRISONERS.--[SEC. 2.]

A. The jail in each county shall be used for the [retention] incarceration of every person [or persons] who, within the same county, [shall be] is charged with any crime or properly committed for trial or for the [imprisonment] incarceration of every person [or person] who in conformity with sentence, upon conviction of an offense, may have been sentenced, and for the safekeeping of every person who shall be committed by competent authority according to law.

B. When a person is incarcerated in a county jail for a parole violation or while awaiting transport to a state correctional facility following the entry of a judgment and sentence or an order of confinement, the corrections department shall reimburse the county for the expense of incarcerating that person. The amount of the reimbursement shall be established by the county sheriff, the county jail administrator or the independent contractor who is in charge of the county jail's operations."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.