HOUSE BILL 128
49th legislature - STATE OF NEW MEXICO - second session, 2010
INTRODUCED BY
Antonio "Moe" Maestas
AN ACT
RELATING TO LOCAL GOVERNMENT CORRECTIONS; EXPANDING MISDEMEANOR PENALTY ASSESSMENTS FOR THE COSTS OF LOCAL GOVERNMENT CORRECTIONS; PROVIDING FOR REDISTRIBUTION OF THE LOCAL GOVERNMENT CORRECTIONS FUND IN COUNTIES WITH A METROPOLITAN COURT; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2009; PROVIDING FOR PENALTIES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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, 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 shall be eligible for a payment in an amount equal to the costs collected pursuant to offenses committed within the boundaries of the municipality].
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 2. Section 66-8-116.3 NMSA 1978 (being Laws 1989, Chapter 318, Section 35, Laws 1989, Chapter 319, Section 14 and also Laws 1989, Chapter 320, Section 5, as amended by Laws 2009, Chapter 244, Section 1 and by Laws 2009, Chapter 245, Section 5) is amended to read:
"66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL FEES.--In addition to the penalty assessment established for each penalty assessment misdemeanor, there shall be assessed:
A. in a county without a metropolitan court, twenty dollars ($20.00) to help defray the costs of local government corrections;
B. in a county with a metropolitan court, ten dollars ($10.00) to help defray the costs of local government corrections;
[B.] C. a court automation fee of ten dollars ($10.00);
[C.] D. a traffic safety fee of three dollars ($3.00), which shall be credited to the traffic safety education and enforcement fund;
[D.] E. a judicial education fee of three dollars ($3.00), which shall be credited to the judicial education fund;
[E.] F. a jury and witness fee of five dollars ($5.00), which shall be credited to the jury and witness fee fund;
[E.] G. a juvenile adjudication fee of one dollar ($1.00), which shall be credited to the juvenile adjudication fund;
[F.] H. a brain injury services fee of five dollars ($5.00), which shall be credited to the brain injury services fund; and
[G.] I. a court facilities fee as follows:
in a county with a metropolitan court. . . . . . . . . .$24.00;
in any other county. . . . . . . . . . . . . . . . . . .10.00."
Section 3. Section 66-8-119 NMSA 1978 (being Laws 1968, Chapter 62, Section 159, as amended) is amended to read:
"66-8-119. PENALTY ASSESSMENT REVENUE--DISPOSITION.--
A. The division shall remit all penalty assessment receipts, except receipts collected pursuant to Subsections A through [G] I of Section 66-8-116.3 NMSA 1978, to the state treasurer for credit to the general fund.
B. The division shall remit all penalty assessment fee receipts collected pursuant to:
(1) Subsection A or B of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the local government corrections fund;
(2) Subsection [B] C of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court automation fund;
(3) Subsection [C] D of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the traffic safety education and enforcement fund;
(4) Subsection [D] E of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the judicial education fund;
(5) Subsection [E] F of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the jury and witness fee fund;
(6) Subsection G of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the juvenile adjudication fund;
[(6)] (7) Subsection [F] H of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the brain injury services fund; and
[(7)] (8) Subsection [G] I of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court facilities fund."
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.
- 6 -