SENATE MEMORIAL 89

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Stuart Ingle

A MEMORIAL

REQUESTING THE ADMINISTRATIVE OFFICE OF THE COURTS, THE NEW MEXICO ASSOCIATION OF COUNTIES AND THE CURRY COUNTY COURT COMPLIANCE DEPARTMENT TO STUDY THE TRANSFER OF COUNTY EMPLOYEES TO THE MAGISTRATE COURTS TO OPERATE COMPLIANCE PROGRAMS.

     WHEREAS, under current New Mexico law, certain offenders are sentenced to terms of probation with specific probation conditions; and

     WHEREAS, county governments have employed individuals to work with the magistrate courts in the capacity of court compliance officers; and

     WHEREAS, the duties and responsibilities of court compliance officers include monitoring certain offenders convicted of misdemeanors, including pre- and post-sentencing reports, residential and employment visits and collection of program costs; and

     WHEREAS, the county compliance employees are not hired, trained or supervised by the courts; and

     WHEREAS, counties have independent hours of operation and different rules, procedures and requirements than the courts; and

     WHEREAS, county rules for employees, including compliance officers, may be inconsistent with the requirements necessary to monitor the conditions of probation; and

     WHEREAS, the fees collected by the county compliance employees are used to fund operations of the county compliance operations;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the administrative office of the courts, the New Mexico association of counties and the Curry county court compliance department be requested to study the ramifications of the transfer of county employees to the magistrate courts to operate compliance programs and possible fiscal systems in which program costs collected by compliance officers are deposited into a nonreverting fund created in the state treasury to be administered by the administrative office of the courts to fund compliance operations and propose legislation to the legislative finance committee and any other appropriate interim legislative committee not later than October 1, 2015; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council, the administrative office of the courts, the New Mexico association of counties and the Curry county court compliance department.

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