SENATE BILL 192

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Richard C. Martinez

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO COUNTIES; ENACTING THE COUNTY DETENTION FACILITY REIMBURSEMENT ACT; PROVIDING REIMBURSEMENT TO COUNTIES FOR THE COSTS OF INCARCERATION OF CERTAIN PERSONS CONVICTED OF A FELONY; CREATING THE COUNTY DETENTION FACILITY REIMBURSEMENT FUND; MAKING AN APPROPRIATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "County Detention Facility Reimbursement Act".

     Section 2. DEFINITIONS.--As used in the County Detention Facility Reimbursement Act:

          A. "county detention facility" means a facility that is owned, operated or under contract of operation by a board of county commissioners and that is used for the incarceration of prisoners charged with or convicted of a violation of local, state, tribal, federal or international law;

          B. "dual supervision offender" means an individual who is serving a probation term and a parole term;

          C. "eligible county" means a county that provides information to the New Mexico sentencing commission regarding costs incurred by the county for the incarceration of felony offenders;

          D. "felony offender" means an individual who is convicted of a felony and sentenced to confinement in a correctional facility designated by the corrections department and who:

                (1) has been released from confinement and is a dual supervision offender and:

                     (a) has violated parole or is charged with a parole violation;

                     (b) has violated probation or is charged with a probation violation; or

                     (c) while on probation or parole, is charged with a violation of local, state, tribal, federal or international law; or

                (2) has been released from confinement and is serving a parole term and:

                     (a) has violated parole or is charged with a parole violation; or

                     (b) while on parole, is charged with a violation of local, state, tribal, federal or international law; or

                (3) is awaiting transportation and commitment to the corrections department following the revocation of parole or a sentencing hearing for a felony conviction; and

          E. "fund" means the county detention facility reimbursement fund.

     Section 3. INCARCERATION OF FELONY OFFENDERS IN COUNTY DETENTION FACILITIES--RATE OF REIMBURSEMENT.--

          A. The distribution amount for each eligible county each fiscal year shall be derived by multiplying the total amount of money available in the fund less thirty thousand dollars ($30,000) by the felony offender incarceration percentage for that county. The felony offender incarceration percentage shall be equal to a fraction:

                (1) the numerator of which is the rolling average of the number of felony offenders incarcerated in an eligible county on June 30 of each of the three fiscal years immediately preceding the fiscal year in which the distribution is to be made pursuant to Section 4 of the County Detention Facility Reimbursement Act; and

                (2) the denominator of which is the rolling average of the number of felony offenders incarcerated in all eligible counties on June 30 of each of the three fiscal years immediately preceding the fiscal year in which the distribution is to be made pursuant to Section 4 of the County Detention Facility Reimbursement Act.

          B. Annually, on or before December 1, the New Mexico sentencing commission shall:

                (1) determine the felony offender incarceration percentage for each eligible county;

                (2) calculate the distribution amount for each eligible county by applying the formula in Subsection A of this section; and

                (3) certify to the state treasurer the felony incarceration percentage and the distribution amount for each eligible county.

     Section 4. COUNTY DETENTION FACILITY REIMBURSEMENT FUND CREATED--DISTRIBUTION.--

          A. The "county detention facility reimbursement fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests made to the fund. Money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year, and income from investment of the fund shall be credited to the fund. The state treasurer shall administer the fund, and money in the fund is appropriated to the state treasurer to make distributions to counties in accordance with Subsection B of this section. No money in the fund shall be expended by the state treasurer for the purpose of administering the fund.

          B. Annually, on or before January 30 and to the extent money in the fund is available for such purposes, money in the fund shall be distributed by the state treasurer as follows:

                (1) thirty thousand dollars ($30,000) to the New Mexico sentencing commission to fund the annual calculation of the felony offender incarceration percentage and the distribution amount for each eligible county; and

                (2) the remainder of the fund to eligible counties in the amounts certified to the state treasurer in accordance with Section 3 of the County Detention Facility Reimbursement Act.

     Section 5. APPROPRIATION.--Five million dollars ($5,000,000) is appropriated from the general fund to the county detention facility reimbursement fund for expenditure in fiscal year 2008 and subsequent fiscal years to carry out the provisions of the County Detention Facility Reimbursement Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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