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

RELATING TO THE PUBLIC DEFENDER DEPARTMENT; ESTABLISHING A MINIMUM FUNDING LEVEL FOR THE PUBLIC DEFENDER DEPARTMENT; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 31-15-5 NMSA 1978 (being Laws 1978, Chapter 14, Section 1) is amended to read:

"31-15-5. PUBLIC DEFENDER DEPARTMENT--CREATION--ADMINISTRATION--FINANCE.--

A. There is created the "public defender department". The headquarters of the department shall be maintained at Santa Fe. The chief shall be the administrative head of the department. The department is administratively attached to the [criminal justice] corrections department.

B. All salaries and other expenses of the department shall be paid by warrants of the secretary of finance and administration, supported by vouchers signed by the chief or his authorized representative and in accordance with budgets approved by the state budget division of the department of finance and administration.

C. Beginning with fiscal year 2000, the general fund appropriation to the public defender department shall not be less that seventy-five percent of the sum of:

(1) general fund appropriations to district attorneys' offices in the state and the criminal appeals division of the office of the attorney general; and

(2) state or federal grants awarded during the previous fiscal year to district attorneys' offices in the state and the criminal appeals division of the office of the attorney general."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.