52nd legislature - STATE OF NEW MEXICO - second session, 2016

RELATING TO CORRECTIONS; CREATING THE TRANSPORT TO TREATMENT FUND; REQUIRING A PERSON CONVICTED OF CERTAIN OFFENSES TO PAY A TRANSPORT TO TREATMENT FEE; PROVIDING FOR PAYMENT TO A COUNTY SHERIFF THAT TRANSPORTS AN OFFENDER FROM A COUNTY JAIL OR A CORRECTIONS DEPARTMENT FACILITY TO A COURT-ORDERED TREATMENT PROGRAM; MAKING AN APPROPRIATION.

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

SECTION 1. [NEW MATERIAL] TRANSPORT TO TREATMENT FEE.--

A. In addition to any other fees or penalties assessed and collected in a district court, metropolitan court and magistrate court, those courts shall assess and collect from a person convicted of a penalty assessment misdemeanor, traffic violation, petty misdemeanor, misdemeanor or felony offense a mandatory transport to treatment fee of five dollars ($5.00).

B. Transport to treatment fees that are collected shall be deposited in the transport to treatment fund.

SECTION 2. [NEW MATERIAL] TRANSPORT TO TREATMENT FUND--CREATED.--

A. The "transport to treatment fund" is created in the state treasury. All fees collected pursuant to the provisions of Section 1 of this act shall be transmitted monthly to the department of finance and administration for credit to the transport to treatment fund.

B. Balances in the transport to treatment fund are appropriated to the local government division of the department of finance and administration for each county sheriff to defray the cost of providing transportation for offenders who are released from a county jail or a corrections department facility and are ordered by a court to report to a treatment facility. Unexpended or unencumbered balances remaining in the fund at the end of any fiscal year shall not revert to the general fund.

C. Payment out of the transport to treatment fund shall be made on vouchers issued and signed by the director of the local government division of the department of finance and administration upon warrants drawn by the department of finance and administration.

D. To be eligible for money from the transport to treatment fund, a county sheriff shall transport an offender from a county jail or a corrections department facility to a court-ordered treatment program.