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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.

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. "division" means the local government division

of the department of finance and administration;

C. "dual supervision offender" means an individual

who is serving a probation term and a parole term;

D. "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

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offenders;

E. "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;

(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

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F. "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 for distribution

pursuant to this section 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

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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 division 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 division shall administer the fund, and money in

the fund is appropriated to the division to make distributions

to counties in accordance with Subsection B of this section.

Disbursements from the fund shall be by warrant of the

secretary of finance and administration pursuant to vouchers

signed by the director of the division. No money in the fund

shall be expended by the division 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) an amount equal to seventy percent of

the fund less thirty thousand dollars ($30,000) to eligible

counties in the amounts certified to the division in

accordance with Section 3 of the County Detention Facility

Reimbursement Act;

(2) 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

(3) the remainder of the fund to counties

other than class A counties that are designated by the

division as needing additional resources due to inadequate

base revenues.

Section 5. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.

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