0001| AN ACT | 0002| RELATING TO CRIMINAL PROCEDURE; ADDING CONTRIBUTIONS TO A DRUG ABUSE | 0003| RESISTANCE EDUCATION PROGRAM AS ONE OF THE CONDITIONS THAT MAY BE | 0004| IMPOSED FOR DEFERRING OR SUSPENDING A CRIMINAL SENTENCE. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 31-20-6 NMSA 1978 (being Laws 1963, Chapter | 0008| 303, Section 29-18, as amended) is amended to read: | 0009| "31-20-6. CONDITIONS OF ORDER DEFERRING OR SUSPENDING SENTENCE.- | 0010| -The magistrate, metropolitan or district court shall attach to its | 0011| order deferring or suspending sentence such reasonable conditions as | 0012| it may deem necessary to ensure that the defendant will observe the | 0013| laws of the United States and the various states and the ordinances of | 0014| any municipality. The defendant upon conviction shall be required to | 0015| reimburse a law enforcement agency or local crime stopper program for | 0016| the amount of any reward paid by the agency or program for information | 0017| leading to his arrest, prosecution or conviction, but in no event | 0018| shall reimbursement to the crime stopper program preempt restitution | 0019| to victims pursuant to the provisions of Section 31-17-1 NMSA l978. | 0020| The defendant upon conviction shall be required to pay the actual | 0021| costs of his supervised probation service to the adult probation and | 0022| parole division of the corrections department or appropriate | 0023| responsible agency for deposit to the corrections department intensive | 0024| supervision fund not exceeding one thousand twenty dollars ($1,020) | 0025| annually to be paid in monthly installments of not less than fifteen | 0001| dollars ($15.00) and not more than eighty-five dollars ($85.00), | 0002| subject to modification, upon court approval, by the appropriate | 0003| district supervisor of the adult probation and parole division or the | 0004| local supervisor of the responsible agency on the basis of changed | 0005| financial circumstances, and may be required: | 0006| A. to provide for the support of any persons for whose | 0007| support he is legally responsible; | 0008| B. to undergo available medical or psychiatric treatment | 0009| and to enter and remain in a specified institution, when required for | 0010| that purpose; | 0011| C. to be placed on probation under the supervision, | 0012| guidance or direction of the adult probation and parole division of | 0013| the corrections department for a term not to exceed five years; | 0014| D. to serve a period of time in volunteer labor to be known | 0015| as "community service". The type of labor and period of service shall | 0016| be at the sole discretion of the court; provided that any person | 0017| receiving community service shall be immune from any civil liability | 0018| other than gross negligence arising out of the community service, and | 0019| any person who performs community service pursuant to court order or | 0020| any criminal diversion program shall not be entitled to any wages, | 0021| shall not be considered an employee for any purpose and shall not be | 0022| entitled to workers' compensation, unemployment benefits or any other | 0023| benefits otherwise provided by law. As used in this subsection, | 0024| "community service" means any labor that benefits the public at large | 0025| or any public, charitable or educational entity or institution; | 0001| E. to make a contribution of not less than ten dollars | 0002| ($10.00) and not more than one hundred dollars ($100), to be paid in | 0003| monthly installments of not less than five dollars ($5.00), to a local | 0004| crime stopper program or a local drug abuse resistance education | 0005| program that operates in the territorial jurisdiction of the court. | 0006| If there is no program in that area, the contribution shall be made to | 0007| the crime stoppers commission; and | 0008| F. to satisfy any other conditions reasonably related | 0009| to his rehabilitation." |