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AN ACT

RELATING TO CRIMINAL PROCEDURE; ADDING DOMESTIC VIOLENCE

PROGRAMS TO THE LIST OF OPTION CONTRIBUTIONS AS A CONDITION OF

A DEFERRED OR SUSPENDED SENTENCE.

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

Section 1. Section 31-20-6 NMSA 1978 (being Laws 1963,

Chapter 303, Section 29-18, as amended) is amended to read:

"31-20-6. CONDITIONS OF ORDER DEFERRING OR SUSPENDING

SENTENCE.--The magistrate, metropolitan or district court

shall attach to its order deferring or suspending sentence

reasonable conditions as it may deem necessary to ensure that

the defendant will observe the laws of the United States and

the various states and the ordinances of any municipality.

The defendant upon conviction shall be required to reimburse a

law enforcement agency or local crime stopper program for the

amount of any reward paid by the agency or program for

information leading to the defendant's arrest, prosecution or

conviction, but in no event shall reimbursement to the crime

stopper program preempt restitution to victims pursuant to the

provisions of Section 31-17-1 NMSA l978. The defendant upon

conviction shall be required to pay the actual costs of the

defendant's supervised probation service to the adult

probation and parole division of the corrections department or

appropriate responsible agency for deposit to the corrections

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department intensive supervision fund not exceeding one

thousand eight hundred dollars ($1,800) annually to be paid in

monthly installments of not less than twenty-five dollars

($25.00) and not more than one hundred fifty dollars ($150),

as set by the appropriate district supervisor of the adult

probation and parole division, based upon the financial

circumstances of the defendant. The defendant's payment of

the supervised probation costs shall not be waived unless the

court holds an evidentiary hearing and finds that the

defendant is unable to pay the costs. If the court waives the

defendant's payment of the supervised probation costs and the

defendant's financial circumstances subsequently change so

that the defendant is able to pay the costs, the appropriate

district supervisor of the adult probation and parole division

shall advise the court and the court shall hold an evidentiary

hearing to determine whether the waiver should be rescinded.

The court may also require the defendant to:

A. provide for the support of persons for whose

support the defendant is legally responsible;

B. undergo available medical or psychiatric

treatment and enter and remain in a specified institution when

required for that purpose;

C. be placed on probation under the supervision,

guidance or direction of the adult probation and parole

division for a term not to exceed five years;

D. serve a period of time in volunteer labor to be

known as "community service". The type of labor and period of

service shall be at the sole discretion of the court; provided

that a person receiving community service shall be immune from

any civil liability other than gross negligence arising out of

the community service, and a person who performs community

service pursuant to court order or a criminal diversion

program shall not be entitled to wages, shall not be

considered an employee and shall not be entitled to workers'

compensation, unemployment benefits or any other benefits

otherwise provided by law. As used in this subsection,

"community service" means labor that benefits the public at

large or a public, charitable or educational entity or

institution;

E. make a contribution of not less than ten

dollars ($10.00) and not more than one hundred dollars ($100),

to be paid in monthly installments of not less than five

dollars ($5.00), to a local crime stopper program, a local

domestic violence prevention or treatment program or a local

drug abuse resistance education program that operates in the

territorial jurisdiction of the court; and

F. satisfy any other conditions reasonably related

to the defendant's rehabilitation."

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