AN ACT
RELATING TO COURT-LEVIED FEES;
INCREASING THE AMOUNT OF JUDICIAL EDUCATION, MUNICIPAL CORRECTIONS AND LOCAL
GOVERNMENT CORRECTIONS FEES; EXPANDING THE USE OF CERTAIN FEES; 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 detention facility,
municipal jail or juvenile detention facility; 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
detention facilities, jails or juvenile detention 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:
(1) county or municipal jailer or juvenile
detention officer training;
(2) the construction planning, construction,
maintenance and operation of the county detention facility, municipal jail or
juvenile detention facility;
(3) paying the cost of housing county or
municipal prisoners or juveniles in any detention facility in the state;
(4) alternatives to incarceration; or
(5) complying with match or contribution
requirements for the receipt of federal funds relating to detention facilities,
jails or juvenile detention facilities."
Section 2. Section 35-6-1 NMSA 1978 (being Laws 1968,
Chapter 62, Section 92, as amended by Laws 2001, Chapter 277, Section 2 and
also by Laws 2001, Chapter 279, Section 2) is amended to read:
"35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF
"CONVICTED".--
A. Magistrate judges, including metropolitan
court judges, shall assess and collect and shall not waive, defer or suspend
the following costs:
docket fee, criminal actions under
Section 29-5-1 NMSA .......................................... 1978 $ 1.00;
docket fee, to be collected
prior to docketing any other
criminal action, except as
provided in Subsection B
of
Section 35-6-3 NMSA 1978..................................................... 20.00.
Proceeds from this docket fee
shall be transferred to the administrative office of the courts for deposit in
the court facilities fund;
docket fee, ten dollars
($10.00) of which shall be
deposited in the court automation fund
and fifteen ........................................ dollars
($15.00) of which shall be deposited in the................................................................................. civil
legal services fund, to be collected prior to ....................................................................................... docketing
any civil action, except as provided in Subsection A of Section 35-6-3 NMSA
1978 62.00;
jury fee, to be collected from the
party demanding trial by jury in any civil action at the time the demand is
filed or made......................................................................................... 25.00;
copying fee, for making and certifying
copies of any records in the court, for each page copied by photographic
process............................................................................................
.50.
Proceeds from this copying fee
shall be transferred to the administrative office of the courts for deposit in
the court facilities fund; and
copying fee, for
computer-generated or electronically
transferred
copies, per page..........................................................
1.00.
Proceeds from this copying fee
shall be transferred
to the administrative office of
the courts for
deposit in the court automation
fund.
Except as otherwise
specifically provided by law, docket fees shall be paid into the court
facilities fund.
B. Except as otherwise provided by law, no other
costs or fees shall be charged or collected in the magistrate or metropolitan
court.
C. The magistrate or metropolitan court may
grant free process to any party in any civil proceeding or special statutory
proceeding upon a proper showing of indigency.
The magistrate or metropolitan court may deny free process if it finds
that the complaint on its face does not state a cause of action.
D. As used in this subsection,
"convicted" means the defendant has been found guilty of a criminal
charge by the magistrate or metropolitan judge, either after trial, a plea of
guilty or a plea of nolo contendere.
Magistrate judges, including metropolitan court judges, shall assess and
collect and shall not waive, defer or suspend the following costs:
(1) corrections fee, to be collected upon
conviction from persons convicted of violating any provision of the Motor
Vehicle Code involving the operation of a motor vehicle, convicted of a crime
constituting a misdemeanor or a petty misdemeanor or convicted of violating any
ordinance that may be enforced by the imposition of a term of imprisonment as
follows:
in a county with a metropolitan
court . . . . . .$10.00;
in a county without a metropolitan court . . .
. . . . 20.00;
(2) court automation fee, to be collected upon
conviction from persons convicted of violating any provision of the Motor
Vehicle Code involving the operation of a motor vehicle, convicted of a crime
constituting a misdemeanor or a petty misdemeanor or convicted of violating any
ordinance that may be enforced by the imposition of a term of imprisonment...................................................................................... 10.00;
(3) traffic safety fee, to be collected upon
conviction
from persons convicted of violating any provision of the Motor Vehicle Code
involving the operation of a motor vehicle........................................................................................................... 3.00;
(4) judicial education fee, to be collected upon
conviction from persons convicted of operating a motor vehicle in violation of
the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a
petty misdemeanor or convicted of violating any ordinance punishable by a term
of
imprisonment . . . . . . . . . . . . .
. . . . . . . . . 2.00;
(5) brain injury services fee, to be collected
upon conviction from persons convicted of violating any provision of the Motor
Vehicle Code involving the operation of a motor vehicle 5.00;
and
(6) court facilities fee, to be collected upon
conviction from persons convicted of violating any provision of the Motor
Vehicle Code involving the operation of a motor vehicle, convicted of a crime
constituting a misdemeanor or a petty misdemeanor or convicted of violating any
ordinance that may be enforced by the imposition of a term of imprisonment as
follows:
in
a county with a metropolitan court........................................................
24.00;
in
any other county.................................................................................... 10.00.
E. Metropolitan court judges shall assess and
collect and shall not waive, defer or suspend as costs a mediation fee not to
exceed five dollars ($5.00) for the docketing of small claims and criminal
actions specified by metropolitan court rule.
Proceeds of the mediation fee shall be deposited into the metropolitan
court mediation fund."
Section
3. Section 35-14-11 NMSA 1978 (being
Laws 1983, Chapter 134, Section 6, as amended) is amended to read:
"35-14-11. MUNICIPAL ORDINANCE--COURT COSTS--
COLLECTION--PURPOSE.--
A. Every municipality shall enact an ordinance
requiring assessment of corrections fees, judicial education fees and court
automation fees to be collected as court costs and used as provided in this
section.
B. A municipal judge shall collect the following
costs:
(1) a corrections fee of twenty dollars ($20.00);
(2) a judicial education fee of two dollars
($2.00); and
(3) a court automation fee of six dollars
($6.00).
C. The fees are to be collected upon conviction
from persons convicted of violating any ordinance relating to the operation of
a motor vehicle or any ordinance that may be enforced by the imposition of a
term of imprisonment.
D. All money collected pursuant to Paragraph (1)
of Subsection B of this section shall be deposited in a special fund in the
municipal treasury and shall be used for:
(1) municipal jailer or juvenile detention
officer training;
(2) the construction planning, construction,
operation and maintenance of a municipal jail or juvenile detention facility;
(3) paying the cost of housing municipal
prisoners in a county jail or detention facility or housing juveniles in a
detention facility;
(4) complying with match or contribution
requirements for the receipt of federal funds relating to jails or juvenile
detention facilities;
(5) providing inpatient treatment or other
substance abuse programs in conjunction with or as an alternative to jail
sentencing;
(6) defraying the cost of transporting prisoners
to jails or juveniles to juvenile detention facilities; or
(7) providing electronic monitoring systems. E. A municipality may credit the interest
collected from fees deposited in the special fund pursuant to Subsection D of
this section to the municipality's general fund.
F. All money collected pursuant to Paragraph (2)
of Subsection B of this section shall be remitted monthly to the state
treasurer for credit to the judicial education fund and shall be used for the
education and training, including production of bench books and other written
materials, of municipal judges and other municipal court employees.
G. All money collected pursuant to Paragraph (3)
of Subsection B of this section shall be remitted monthly to the state
treasurer for credit to the municipal court automation fund and shall be used
for the purchase and maintenance of court automation systems in the municipal
courts. The court automation systems
shall have the capability of providing, on a timely basis, electronic records
in a format specified by the judicial information systems council.
H. As used in this section,
"convicted" means the defendant has been found guilty of a criminal
charge by a municipal judge, either after trial, a plea of guilty or a plea of
nolo contendere."
Section
4. 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,
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 two dollars
($2.00), 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
5. EFFECTIVE DATE.--The effective date
of the provisions of this act is July 1, 2003.
HAFC/HB 258,
228 & 334
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