AN ACT
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.
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.--
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 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 a state institution or required to
be returned by order of the court from a state institution to the county of
commitment. Subject to appropriation by
the legislature, the county shall be reimbursed by the state for the per diem,
costs for mileage and other necessary travel expenses incurred pursuant to this
subsection by submitting claims for reimbursement to the department of finance
and administration in accordance with the department's regulations.
Notwithstanding the provisions of this subsection, a single county shall not
receive more than fifty percent of the total amount of money allocated to all
counties 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.--
A. The county sheriffs shall be reimbursed for
the actual expense incurred for the care and feeding of prisoners in
transit. Reimbursement shall not be made
pursuant to this section without proof of actual expenses incurred by a sheriff
or his delegate. The reimbursement for
any prisoner shall not exceed the rate set by the Per Diem and Mileage Act.
B. Subject to appropriation by the legislature,
a county shall be reimbursed by the
state for the actual expenses incurred for the care and feeding of prisoners in
transit. Notwithstanding the provisions
of this subsection, a single county shall not receive more than fifty percent
of the total amount of money allocated to all counties as reimbursement."
Section 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.
HB 308
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