SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 482

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO CRIMINAL PROCEDURE; AMENDING A SECTION OF CHAPTER 31 NMSA 1978 TO RAISE COSTS TO DEFENDANTS FOR THEIR PROBATION.

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 COMPLIANCE PROGRAMS--COUNTIES MAY ESTABLISH--FEES.--

          A. A county may create a "misdemeanor 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 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)] fifty dollars ($50.00) per month to the county for the term of [his] the defendant's probation. Money collected by the county pursuant to this subsection shall be used only to operate the misdemeanor compliance program."

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