0001| SENATE BILL 297 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| SUE F. WILSON | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CRIMINAL JUSTICE; REQUIRING THE STATE TO PAY FOR | 0012| INCARCERATION OF PERSONS AWAITING TRIAL ON FELONY CHARGES | 0013| AFTER SIXTY DAYS; MAKING AN APPROPRIATION. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 33-3-13 NMSA 1978 (being Laws 1889, | 0017| Chapter 8, Section 1, as amended) is amended to read: | 0018| "33-3-13. PRISONERS ~[WAITING]~ |AWAITING| TRIAL-- | 0019| CONFINEMENT IN COUNTY JAIL.-- | 0020| ~[All persons]~ |A. A person| charged with |a| | 0021| crime committed in the state, while awaiting indictment or | 0022| trial on such charge, shall be incarcerated in the county jail | 0023| of the county ~[wherein such]~ |in which the| crime is alleged | 0024| to have been committed or any facility operated by agreement | 0025| between such counties or municipalities, except that such | - 1 - 0001| ~[persons]~ |person| may be temporarily imprisoned in other | 0002| places of confinement while being conveyed or awaiting | 0003| conveyance to the jail of the proper county; provided that the | 0004| sheriff or jail administrator ||of ~[any]~ |a| county having | 0005| the custody of anyone charged with the commission of |a| crime | 0006| shall be authorized to remove such person to another county | 0007| jail or any other place of safety when in the opinion of the | 0008| sheriff or jail administrator the life of such person or | 0009| others is in imminent danger; provided further that this | 0010| section shall not prevent a person being confined in a jail | 0011| other than the one belonging to the county in which the crime | 0012| charged is alleged to have been committed when such person is | 0013| confined in such other jail in consequence of having taken a | 0014| change of venue to such other county. | 0015| |B. When a person awaiting trial on a felony crime | 0016| is incarcerated for more than sixty days, the state shall | 0017| reimburse the county for the cost of housing him.|" | 0018| Section 2. Section 33-3-14 NMSA 1978 (being Laws 1889, | 0019| Chapter 8, Section 2, as amended) is amended to read: | 0020| "33-3-14. |WHAT COUNTY TO PAY EXPENSE|.--~[SEC. 18.]~ | 0021| Whenever any person ~[shall be]~ |is| imprisoned in any county | 0022| other than the county in which the crime is alleged to have | 0023| been committed in violation of ~[this]~ Chapter |33, Article 3 | 0024| NMSA 1978|, the expense of such imprisonment shall be borne by | 0025| the county in which ~[such]~ |the| person is ~[so]~ imprisoned | - 2 - 0001| ~[Provided, that]~. Whenever any prisoner ~[shall be]~ |is| | 0002| removed to another county ~[under]~ |pursuant to| the | 0003| provisions of ~[the preceding]~ Section |33-3-13 NMSA 1978| | 0004| then, and in such case, the expense of removal and keeping | 0005| ~[such]~ |the| prisoner shall be paid by the county from which | 0006| ~[such]~ |the| prisoner was ~[so]~ removed |or the state as | 0007| provided in that section|." | 0008| Section 3. Section 33-3-15 NMSA 1978 (being Laws 1919, | 0009| Chapter 92, Section 1, as amended) is amended to read: | 0010| "33-3-15. TRANSFER OF PRISONER TO ANOTHER COUNTY OR THE | 0011| PENITENTIARY FOR SAFEKEEPING--EXPENSE.--| | 0012| A.| Whenever the public welfare or the safe | 0013| custody of a prisoner ~[shall require, any]~ |requires, a| | 0014| district judge in the state ~[of New Mexico]~ in his | 0015| discretion may order any person charged with the commission of | 0016| a crime, or any person in the custody of the sheriff of any | 0017| county in the district of the ~[said]~ judge, to be removed to | 0018| another county jail or to the state penitentiary or to any | 0019| other place of safety when, in the opinion of the ~[said]~ | 0020| district judge, it is advisable that ~[such]~ |the| person | 0021| ~[or persons]~ shall be removed for any purpose whatsoever. | 0022| | B.| Where a person, on the order of any district | 0023| judge, has been placed in the state penitentiary or a county | 0024| jail for safekeeping, the expense incurred by ~[said]~ |the| | 0025| penitentiary or the sheriff of any county for the maintenance | - 3 - 0001| of ~[said]~ |the| prisoner shall be borne by the county from | 0002| which ~[said]~ |the| prisoner has been ordered ~[and said]~ | 0003| |or the state as provided in Section 33-3-13 NMSA 1978. The| | 0004| bill of expense shall be made a preferential bill of expense | 0005| and shall be paid in full before any bill, fees or salaries of | 0006| ~[such]~ |the| county are paid; provided, however, that the | 0007| ~[said]~ state penitentiary or sheriff shall only charge for | 0008| the maintenance of ~[said]~ |the| prisoner |at| the legal rate | 0009| ~[now]~ allowed by law. This section shall not authorize a | 0010| charge against a county for expenses relating to any prisoner | 0011| committed to the penitentiary as a result of a criminal | 0012| conviction." | 0013| Section 4. TEMPORARY PROVISION--LOCAL GOVERNMENT | 0014| DIVISION RULES.--The local government division of the | 0015| department of finance and administration shall by rule | 0016| establish procedures for receiving, verifying and reimbursing | 0017| counties for the cost of incarcerating persons awaiting trial | 0018| on felony charges as provided in Section 33-3-13 NMSA 1978. | 0019| Section 5. APPROPRIATION.--One million dollars | 0020| ($1,000,000) is appropriated from the general fund to the | 0021| local government division of the department of finance and | 0022| administration for expenditure in fiscal year 1999 to pay the | 0023| counties' costs of incarcerating persons awaiting trial on | 0024| felony charges. Any unexpended or unencumbered balance | 0025| remaining at the end of fiscal year 1999 shall revert to the | - 4 - 0001| general fund. | 0002| Section 6. EFFECTIVE DATE.--The effective date of the | 0003| provisions of this act is July 1, 1998. | 0004|  |