45th legislature - STATE OF NEW MEXICO - second session, 2002
RELATING TO COUNTIES; ESTABLISHING A RATE OF REIMBURSEMENT TO COUNTIES FOR EXPENSES INCURRED WHEN COUNTIES EXTRADITE, TRANSPORT AND FEED STATE PRISONERS; AMENDING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 4-44-18 NMSA 1978 (being Laws 1961, Chapter 253, Section 4, as amended) is amended to read:
"4-44-18. SHERIFFS, DEPUTY SHERIFFS AND GUARDS--EXPENSES INCURRED IN SERVING PROCESS AND CERTAIN OTHER OFFICIAL BUSINESS--PER DIEM--REIMBURSEMENT TO COUNTIES FOR EXPENSES INCURRED WHEN EXTRADITING AND TRANSPORTING STATE PRISONERS.--
A. Sheriffs, their deputies and guards shall be paid per diem expenses at the rate authorized in the Per Diem and Mileage Act by the counties on behalf of which expenses are incurred in:
(1) service of criminal process issued out of the supreme court or district court;
(2) service of criminal process issued out of a magistrate court when the issuance is approved in writing by the district attorney or his assistants;
(3) service of civil process issued by the district court; and
(4) attempting to discover or arrest a person charged with a felony if written authorization is obtained from the district judge.
B. Expenses authorized [under] pursuant to this
section shall be paid on the rendition of sworn accounts filed
in the county clerk's office and approved by the board of
county commissioners and the district judge.
C. Sheriffs, their deputies and guards shall be
paid per diem and mileage expenses at the rate authorized in
the Per Diem and Mileage Act for extraditing prisoners from
without the state and for transporting persons committed by a
court to any state institution or required to be returned by
order of the court from any state institution to the county of
commitment. The county [may] shall be reimbursed by the
state for [the] not more than fifty percent of the costs for
per diem, [and] mileage and other necessary travel expenses
incurred [under] pursuant to this subsection by submitting
claims for reimbursement to the local government division of
the department of finance and administration in accordance
with the department's regulations. Notwithstanding the
provisions of this subsection, counties with one hundred
thousand persons or more, as determined by the 2000 United
States census, shall not cumulatively receive more than fifty
percent of the total amount of money allocated to all counties
in each fiscal year as reimbursement."
Section 2. Section 4-44-20 NMSA 1978 (being Laws 1961, Chapter 253, Section 8, as amended) is amended to read:
"4-44-20. PRISONERS--FEEDING IN TRANSIT--REIMBURSEMENT TO COUNTIES FOR EXPENSES INCURRED IN FEEDING STATE PRISONERS.--
A. The county sheriffs shall be reimbursed for the
actual expense incurred for the care and feeding of state
prisoners in transit. [No] A reimbursement shall not be made
[under] pursuant to this section without proof of actual
expenses incurred by a sheriff or his delegate. In no event
shall the reimbursement for any prisoner exceed the rate set
by the Per Diem and Mileage Act.
B. A county shall be reimbursed by the state for not more than fifty percent of the actual expenses incurred for the care and feeding of state prisoners in transit by submitting claims for reimbursement to the local government division of the department of finance and administration. Notwithstanding the provisions of this subsection, counties with one hundred thousand persons or more, as determined by the 2000 United States census, shall not cumulatively receive more than fifty percent of the total amount of money allocated to all counties in each fiscal year as reimbursement."
Section 3. A new Section 4-44-20.1 NMSA 1978 is enacted to read:
"4-44-20.1. [NEW MATERIAL] CAP ON THE AMOUNT OF STATE REIMBURSEMENT TO COUNTIES FOR THE EXPENSE OF EXTRADITING, TRANSPORTING AND FEEDING STATE PRISONERS.--For each fiscal year, the total amount of the reimbursement by the state to the counties for the cost of extraditing, transporting and feeding state prisoners, as provided in Sections 4-44-18 and 4-44-20 NMSA 1978, shall not exceed the amount appropriated to the local government division of the department of finance and administration for that purpose."
Section 4. APPROPRIATION.--One million dollars ($1,000,000) is appropriated from the general fund to the local government division of the department of finance and administration for expenditure in fiscal year 2003 to reimburse counties for the cost of extraditing, transporting and feeding state prisoners. Any unencumbered or unexpended balance remaining at the end of fiscal year 2003 shall revert to the general fund.
Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2002.