SENATE BILL 465
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Linda M. Lopez
AN ACT
RELATING TO LOCAL GOVERNMENT CORRECTIONS; PROVIDING THAT THE LOCAL GOVERNMENT CORRECTIONS FUND BE DISTRIBUTED ONLY TO COUNTIES; INCREASING THE LOCAL GOVERNMENT CORRECTIONS FEE IN COUNTIES WITH A METROPOLITAN COURT; PROVIDING THAT THE PENALTY ASSESSMENT FEE FOR LOCAL GOVERNMENT CORRECTIONS APPLIES TO ALL COUNTIES; 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 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62, Section 92, as amended) is amended to read:
"35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF
"CONVICTED".--
A. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
docket fee, criminal actions under Section 29-5-1 NMSA 1978. . . . . . . . . . . . . . . . . . . . $ 1.00;
docket fee, to be collected prior to docketing any other
criminal action, except as provided in Subsection B
of Section 35-6-3 NMSA 1978. . . . . . . . . 20.00.
Proceeds from this docket fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund;
docket fee, twenty dollars ($20.00) of which shall be deposited in the court automation fund and fifteen dollars ($15.00) of which shall be deposited in the civil legal services fund, to be collected prior to docketing any civil action, except as provided in Subsection A of Section 35-6-3 NMSA 1978. . .72.00;
jury fee, to be collected from the party demanding trial by jury in any civil action at the time the demand is filed or made. . . . . . . . . . . . . . .25.00;
copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process. . . . . . . . . . . [50] 0.50.
Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund; and
copying fee, for computer-generated or electronically
transferred copies, per page. . . . . . . . . .1.00.
Proceeds from this copying fee shall be transferred
to the administrative office of the courts for
deposit in the court automation fund.
Except as otherwise specifically provided by law, docket fees shall be paid into the court facilities fund.
B. Except as otherwise provided by law, no other costs or fees shall be charged or collected in the magistrate or metropolitan court.
C. The magistrate or metropolitan court may grant free process to any party in any civil proceeding or special statutory proceeding upon a proper showing of indigency. The magistrate or metropolitan court may deny free process if it finds that the complaint on its face does not state a cause of action.
D. As used in this subsection, "convicted" means the defendant has been found guilty of a criminal charge by the magistrate or metropolitan judge, either after trial, a plea of guilty or a plea of nolo contendere. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
(1) corrections fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:
in a county with a metropolitan court . .[$10.00] $20.00;
in a county without a metropolitan court. . . . . . 20.00;
(2) court automation fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of
imprisonment. . . . . . . . . . . . . . . . . . . . . . 10.00;
(3) traffic safety fee, to be collected upon
conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle. . . . . . . . . . . . . . . . . . . . . . . . . 3.00;
(4) judicial education fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of
imprisonment. . . . . . . . . . . . . . . . . . . . . . .3.00;
(5) jury and witness fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00;
(6) brain injury services fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle. . . . . . . . . . . . . . . . . . . . . 5.00;
and
(7) court facilities fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:
in a county with a metropolitan court. . . . . . . .24.00;
in any other county. . . . . . . . . . . . . . . . .10.00.
E. Metropolitan court judges shall assess and collect and shall not waive, defer or suspend as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of small claims and criminal actions specified by metropolitan court rule. Proceeds of the mediation fee shall be deposited into the metropolitan court mediation fund."
SECTION 3. 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) 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. a court automation fee of ten dollars ($10.00);
C. a traffic safety fee of three dollars ($3.00), which shall be credited to the traffic safety education and enforcement fund;
D. a judicial education fee of three dollars ($3.00), which shall be credited to the judicial education fund;
E. a jury and witness fee of five dollars ($5.00), which shall be credited to the jury and witness fee fund;
F. a juvenile adjudication fee of one dollar ($1.00), which shall be credited to the juvenile adjudication fund;
G. a brain injury services fee of five dollars ($5.00), which shall be credited to the brain injury services fund;
H. a court facilities fee as follows:
in a county with a metropolitan court. . . . . . . . . .$24.00;
in any other county. . . . . . . . . . . . . . . . . . . 10.00;
and
I. until May 31, 2014, a magistrate courts operations fee of four dollars ($4.00), which shall be credited to the magistrate courts operations fund."
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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