HOUSE BILL 471

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Antonio "Moe" Maestas

AN ACT

RELATING TO CRIMINAL PROCEDURE; CLARIFYING CONFINEMENT DETENTION TIME ELIGIBLE FOR CREDIT AGAINST SENTENCE.

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

     SECTION 1. Section 31-20-12 NMSA 1978 (being Laws 1967, Chapter 221, Section 2) is amended to read:

     "31-20-12. CREDIT FOR TIME PRIOR TO CONVICTION.--

          A. A person held in official confinement on suspicion or charges of the commission of a felony, misdemeanor or petty misdemeanor shall, upon conviction of that or a lesser included offense, be given credit for the period spent in [presentence] confinement [against any sentence finally imposed for that offense] against any sentence finally imposed for all offenses pending during confinement.

          B. A person may also be given credit for any period spent:

                (1) in a specialty or treatment court;

                (2) in home detention;

                (3) in an inpatient substance abuse or mental health treatment facility; or

                (4) restricted in movement by electronic monitoring at all times, such as by a global positioning system ankle bracelet, whether by a government employee or by a private person or company with an obligation to report violations to the court.

          C. As used in this section, "official confinement" means confinement, pursuant to arrest or court order:

                (1) in the actual or constructive custody of state or local law enforcement or correctional officers; or

                (2) in a judicially approved community custody program; provided that the community custody program need not be formally adopted or otherwise be a pre-existing uniform system of release."

- 2 -