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

RELATING TO LOCAL GOVERNMENT; INCREASING THE AMOUNT OF THE LOCAL GOVERNMENT CORRECTIONS FEE ADDED TO PENALTY ASSESSMENT MISDEMEANORS; AMENDING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

Section 1. Section 33-3-25 NMSA 1978 (being Laws 1983, Chapter 134, Section 1, as amended) is amended to read:

"33-3-25. LOCAL GOVERNMENT CORRECTIONS FUND CREATED--ADMINISTRATION--DISTRIBUTION.--

A. There is created in the state treasury a "local government corrections fund" to be administered by the administrative office of the courts.

B. All balances in the local government corrections fund are appropriated to the administrative office of the courts for payment to counties and municipalities in counties with a metropolitan court for use by counties and those municipalities for county or municipal jailer or juvenile detention officer training, for the construction planning, construction, maintenance and operation of the county or municipal jail or juvenile detention facility, [to pay] for paying the cost of housing county or municipal prisoners or juveniles in any detention facility in the state, for alternatives to incarceration or for complying with match or contribution requirements for the receipt of federal funds relating to jails [a] or juvenile detention [facility] facilities. Payments shall be made quarterly upon certification by the magistrate court or metropolitan court and the motor vehicle division of the taxation and revenue department of eligible amounts as provided in Subsection C of this section.

C. Each county shall be eligible for a payment in an amount equal to the costs and fees collected by a magistrate court or a metropolitan court and the motor vehicle division pursuant to offenses committed within the county and deposited in the local government corrections fund; provided, in a county with a metropolitan court, the county shall be eligible for a payment in an amount equal to costs and fees collected pursuant to offenses committed within the boundaries of the unincorporated areas of the county, and a municipality in that county shall be eligible for a payment in an amount equal to the costs collected pursuant to offenses committed within the boundaries of the municipality.

D. Payments from the local government corrections fund shall be made upon vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the secretary of finance and administration.

E. All money received by a county or a municipality pursuant to this section shall be deposited in a special fund in the county or municipal treasury and shall be used solely for county or municipal jailer or juvenile detention officer training, for the construction planning, construction, maintenance and operation of the county or municipal jail or juvenile detention facility, [to pay] for paying the cost of housing county or municipal prisoners or juveniles in any detention facility in the state, for alternatives to incarceration or for complying with match or [for] contribution requirements for the receipt of federal funds relating to jails or juvenile detention facilities."

Section 2. Section 66-8-116.3 NMSA 1978 (being Laws 1989, Chapter 320, Section 5, as amended) is amended to read:

"66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL FEES.--In addition to the penalty assessment established for each penalty assessment misdemeanor, there shall be assessed:

A. in a county without a metropolitan court, [ten dollars ($10.00)] twenty dollars ($20.00) to help defray the costs of local government corrections;

B. a court automation fee of ten dollars ($10.00);

C. a traffic safety fee of three dollars ($3.00), which shall be credited to the traffic safety education and enforcement fund;

D. a judicial education fee of one dollar ($1.00), which shall be credited to the judicial education fund;

E. a brain injury services fee of five dollars ($5.00), which shall be credited to the brain injury services fund; and

F. a court facilities fee as follows:

in a county with a metropolitan court 24.00;

in any other county 10.00."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.