SENATE BILL 744
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Linda M. Lopez
AN ACT
RELATING TO COUNTY CORRECTIONS; ADDRESSING THE PLACEMENT OF MUNICIPAL INMATES IN COUNTY DETENTION FACILITIES; PROVIDING FOR REDISTRIBUTION OF THE LOCAL GOVERNMENT CORRECTIONS FUND UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR A FEE FOR PLACEMENT OF MUNICIPAL INMATES IN COUNTY DETENTION FACILITIES UNDER CERTAIN CIRCUMSTANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 33-3-23 NMSA 1978 (being Laws 1959, Chapter 104, Section 1, as amended) is amended to read:
"33-3-23. CONFINEMENT OF PRISONERS COMMITTED BY AN INDIAN GOVERNMENT OR BY A MUNICIPALITY--COST.--
A. Subject to the payment by [the] an Indian tribe, [band] nation or pueblo in New Mexico or the United States of [the fees established for the jail] a fee to a county pursuant to an agreement with the county, or subject to the payment of a fee by a municipality to a county pursuant to Section 3 of this 2007 act or to an agreement with the county, the sheriff of each county [his] or the sheriff's deputy, the jailer, the jail administrator as defined in Section 4-44-19 NMSA 1978 or an independent contractor operating the jail is required to receive [any] a person committed to [his] custody in conformity with a regular process issued by or under the authority of [any] the Indian tribe, [band] nation or pueblo [in New Mexico], the municipality or the United States and is further required to retain custody until [such] the person is placed at liberty according to the laws of the United States, New Mexico or [of] the Indian tribe, [band] nation or pueblo.
B. No sheriff, jail administrator or independent contractor operating a jail shall be required to receive [any such committed person] a person committed pursuant to Subsection A of this section if to do so would exceed the capacity of the [facility] jail or if the Indian tribe, nation or pueblo, the United States or the municipality refuses to pay the applicable fee. The sheriff, jail administrator or independent contractor may also return any prisoner received by [him] the sheriff, jail administrator or independent contractor under this section to the committing authority if the capacity of the [facility] jail is exceeded."
Section 2. 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] the "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 that, 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, provided that it contributes funds in an amount equal to a minimum of one-half of the operating costs of the county detention facility, shall be eligible for a payment in an amount equal to the costs collected pursuant to offenses committed within the boundaries of the municipality. If the municipality in that county does not contribute funds in an amount equal to a minimum of one-half of the operating costs of the county detention facility, the county shall receive the funds otherwise available to the municipality, unless the municipality operates or contracts for the operation of a municipal jail or can demonstrate that it is planning the construction of or is constructing a municipal jail.
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 3. A new section of Chapter 33, Article 3 NMSA 1978 is enacted to read:
"[NEW MATERIAL] COUNTY DETENTION FACILITY FEES--HOUSING OF MUNICIPAL INMATES.--
A. If a municipality within a class A county with a population of five hundred thousand or more persons does not operate or contract for the operation of a municipal jail and does not contribute funds to the county in an amount that is equal to a minimum of one-half of the operating costs of the county detention facility, the municipality shall pay a fee to the board of county commissioners for each inmate housed in the county detention facility who is charged with a municipal offense or was arrested by a municipal police officer. The fee shall be established by the board of county commissioners and approved by the local government division of the department of finance and administration.
B. In addition to the fee prescribed in Subsection A of this section, a municipality shall be responsible for the costs of municipal inmate services, including:
(1) medical services, treatment or care;
(2) prescription drug services;
(3) dental services;
(4) mental health services, treatment or care;
(5) vision treatment or care;
(6) ambulatory services; and
(7) transportation services.
C. A municipality shall be responsible for the fee and costs described in Subsections A and B of this section from the date a municipal inmate is booked into the county detention facility through the date the inmate is released from that facility.
D. Upon the receipt of a bill from the county for the fee and costs imposed pursuant to this section, the municipality shall process the bill as a preferential bill of expense and pay it in full before the municipality pays any other bill, fee or salary it may owe."
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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