SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 835

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

AN ACT

RELATING TO CRIMINAL SENTENCING; INCLUDING FELONY OFFENDERS IN THE COUNTY COMPLIANCE PROGRAMS THAT MONITOR DEFENDANTS' COMPLIANCE WITH CONDITIONS OF PROBATION IMPOSED BY A DISTRICT OR MAGISTRATE COURT.

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

     Section 1. Section 31-20-5.1 NMSA 1978 (being Laws 2000, Chapter 49, Section 1) is amended to read:

     "31-20-5.1. MISDEMEANOR AND FELONY COMPLIANCE PROGRAMS--COUNTIES MAY ESTABLISH--FEES.--

          A. A county may create a "misdemeanor and felony compliance program" to monitor defendants' compliance with the conditions of probation imposed by a district or magistrate court. The program shall be limited to participation by persons who have been convicted of a felony offense or a misdemeanor criminal offense specified in the Criminal Code, convicted of driving while under the influence of intoxicating liquor or drugs or convicted of driving while the person's driver's license is suspended or revoked pursuant to the Motor Vehicle Code. A county's program shall comply with guidelines established by the administrative office of the courts.

          B. As a condition of probation, the district or magistrate court may require the defendant to pay a fee of not less than fifteen dollars ($15.00) nor more than [thirty dollars ($30.00)] eighty dollars ($80.00) per month to the county for the term of [his] the defendant's probation. The county may also require the defendant to pay a fee that shall not exceed the amount necessary to cover the cost of implementing the monitoring of the defendant who is participating in the misdemeanor and felony compliance program. The county may in its discretion waive the fee when the defendant is unable to pay. Money collected by the county pursuant to this subsection shall be used only to operate the misdemeanor and felony compliance program.

          C. The county may in its discretion exclude from the program defendants charged with violent felonies. As used in this subsection, "violent felony" means a felony in which the defendant uses or threatens the use of force."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.