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."
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