45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO JAILS; REQUIRING THE LOCAL GOVERNMENT DIVISION OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO REIMBURSE COUNTIES FOR THE EXPENSE OF INCARCERATING CERTAIN OFFENDERS IN COUNTY JAILS; AMENDING A SECTION OF THE NMSA 1978; MAKING AN APPROPRIATION.

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.--

A. The jail or jails in each county shall be used or be available for the [detention] incarceration of every person who, within the same county, is charged with any crime or properly committed for trial or for the [imprisonment] incarceration of every 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 under parole supervision by the corrections department is incarcerated in a county jail for a parole violation solely on the basis of an arrest and hold order or a warrant issued by the corrections department, or when a person is incarcerated in a county jail while awaiting transportation to the custody of the corrections department following the entry and filing of the written judgment and sentence and commitment to the corrections department, the local government division of the department of finance and administration shall reimburse the county for the expense of incarcerating that person as follows:

(1) a county shall receive reimbursement in an amount not to exceed thirty dollars ($30.00) for each day that the person is incarcerated in a county jail;

(2) in each fiscal year, a county 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 as reimbursement from the local government division of the department of finance and administration; and

(3) for each fiscal year, the total amount of the reimbursement by the state to the counties pursuant to the provisions of this subsection shall not exceed the amount appropriated to the local government division of the department of finance and administration for the purpose of reimbursing the counties pursuant to the provisions of this subsection."

Section 2. 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 for the purpose of reimbursing counties for the expense of incarcerating certain parole violators or persons awaiting transportation to the custody of the corrections department following the entry and filing of the written judgment and sentence and commitment to the corrections department. Any unexpended or unencumbered balance remaining at the end of fiscal year 2003 shall revert to the general fund.