44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO JAILS; REQUIRING THE STATE TO REIMBURSE COUNTIES WHEN A PERSON AWAITING TRIAL FOR AN ALLEGED FELONY OFFENSE IS INCARCERATED FOR MORE THAN SIXTY DAYS IN A COUNTY JAIL; AMENDING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 33-3-13 NMSA 1978 (being Laws 1889, Chapter 8, Section 1, as amended) is amended to read:

"33-3-13. PRISONERS WAITING TRIAL--CONFINEMENT IN COUNTY JAIL--REIMBURSEMENT TO COUNTIES.--[All persons]

A. A person charged with a crime committed in the state, while awaiting indictment or trial on such charge, shall be incarcerated in the county jail of the county [wherein such] in which the crime is alleged to have been committed or any facility operated by agreement between such counties or municipalities, except that such [persons] person may be temporarily imprisoned in other places of confinement while being conveyed or awaiting conveyance to the jail of the proper county; provided that the sheriff or jail administrator of [any] a county having the custody of anyone charged with the commission of crime, shall be authorized to remove such person to another county jail or any other place of safety when in the opinion of the sheriff or jail administrator the life of such person or others is in imminent danger; provided further that this section shall not prevent a person being confined in a jail other than the one belonging to the county in which the crime charged is alleged to have been committed when such person is confined in such other jail in consequence of having taken a change of venue to such other county.

B. When a person awaiting trial for an alleged felony offense is incarcerated for more than sixty days in a county jail, the state shall reimburse the county for the cost of housing him after that sixty-day period."

Section 2. Section 33-3-14 NMSA 1978 (being Laws 1889, Chapter 8, Section 2, as amended) is amended to read:

"33-3-14. WHICH COUNTY TO PAY EXPENSE.--[SEC. 18. Whenever any] When a person [shall be] is imprisoned in any county other than the county in which the crime is alleged to have been committed in violation of [this] Chapter 33, Article 3 NMSA 1978, the expense of such imprisonment shall be borne by the county in which [such] the person is [so] imprisoned. [Provided, that whenever any prisoner shall be] When a prisoner is removed to another county under the provisions of [the preceding] Section 33-3-13 NMSA 1978, then [and in such case] the expense of [removal] removing and keeping [such] the prisoner shall be paid by the county from which [such] the prisoner was [so] removed or by the state, as provided in Subsection B of that section."

Section 3. Section 33-3-15 NMSA 1978 (being Laws 1919, Chapter 92, Section 1, as amended) is amended to read:

"33-3-15. TRANSFER OF PRISONER TO ANOTHER COUNTY OR THE PENITENTIARY FOR SAFEKEEPING--EXPENSE.--

A. Whenever the public welfare or the safe custody of a prisoner [shall require, any] requires, a district judge in the state [of New Mexico] in his discretion may order any person charged with the commission of a crime, or any person in the custody of the sheriff of any county in the district of the [said] judge, to be removed to another county jail or to the state penitentiary or to any other place of safety, when, in the opinion of the [said] district judge, it is advisable that [such] the person [or persons] shall be removed for any purpose whatsoever.

B. Where a person, on the order of any district judge, has been placed in the state penitentiary or a county jail for safekeeping, the expense incurred by [said] the penitentiary or the sheriff of any county for the maintenance of [said] the prisoner shall be borne by the county from which [said] the prisoner has been ordered or the state, as provided in Subsection B of Section 33-3-13 NMSA 1978. [and said] The bill of expense shall be made a preferential bill of expense and shall be paid in full before any bill, fees or salaries of [such] the county are paid; provided, however, that the [said] state penitentiary or sheriff shall only charge for the maintenance of [said] the prisoner the legal rate [now] allowed by law. This section shall not authorize a charge against a county for expenses relating to any prisoner committed to the penitentiary as a result of a criminal conviction."

Section 4. TEMPORARY PROVISION--RULES--LOCAL GOVERNMENT DIVISION OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION.--The local government division of the department of finance and administration shall adopt rules to establish procedures for reimbursing counties for the cost of incarcerating persons awaiting trail on felony charges, as provided in Subsection B of Section 33-3-13 NMSA 1978.

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.