HOUSE BILL 164

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

David C. Chavez

AN ACT

RELATING TO CRIMINAL SENTENCING; AMENDING A SECTION OF THE CRIMINAL CODE TO DEFINE "COMMUNITY SERVICE" AS LABOR DEVOTED TO REMOVING DEBRIS, RUBBISH AND TRASH TO BEAUTIFY NEW MEXICO.

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

     SECTION 1. Section 31-20-6 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-18, as amended) is amended to read:

     "31-20-6. CONDITIONS OF ORDER DEFERRING OR SUSPENDING SENTENCE.--The magistrate, metropolitan or district court shall attach to its order deferring or suspending sentence reasonable conditions as it may deem necessary to ensure that the defendant will observe the laws of the United States and the various states and the ordinances of any municipality. The defendant upon conviction shall be required to reimburse a law enforcement agency or local crime stopper program for the amount of any reward paid by the agency or program for information leading to the defendant's arrest, prosecution or conviction, but in no event shall reimbursement to the crime stopper program preempt restitution to victims pursuant to the provisions of Section 31-17-1 NMSA l978. The defendant upon conviction shall be required to pay the actual costs of the defendant's supervised probation service to the adult probation and parole division of the corrections department or appropriate responsible agency for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised probation costs shall not be waived unless the court holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the court waives the defendant's payment of the supervised probation costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the court and the court shall hold an evidentiary hearing to determine whether the waiver should be rescinded. The court may also require the defendant to:

          A. provide for the support of persons for whose support the defendant is legally responsible;

          B. undergo available medical or psychiatric treatment and enter and remain in a specified institution when required for that purpose;

          C. be placed on probation under the supervision, guidance or direction of the adult probation and parole division for a term not to exceed five years;

          D. serve a period of time in volunteer labor to be known as "community service" [The type of labor and period of service shall be at the sole discretion of the court]; provided that a person receiving community service shall be immune from any civil liability other than gross negligence arising out of the community service, and a person who performs community service pursuant to court order or a criminal diversion program shall not be entitled to wages, shall not be considered an employee and shall not be entitled to workers' compensation, unemployment benefits or any other benefits otherwise provided by law. As used in this subsection, "community service" means labor [that benefits the public at large or a public, charitable or educational entity or institution] in cleanup projects to remove debris, rubbish or trash to beautify New Mexico that may:

                (1) be pursuant to joint powers agreements between the courts and municipal governments, county governments or the tourism department pursuant to the Litter Control and Beautification Act; or

                (2) benefit private property if implemented pursuant to proposals submitted by private entities, with New Mexico businesses receiving preference;

          E. make a contribution of not less than ten dollars ($10.00) and not more than one hundred dollars ($100), to be paid in monthly installments of not less than five dollars ($5.00), to a local crime stopper program, a local domestic violence prevention or treatment program or a local drug abuse resistance education program that operates in the territorial jurisdiction of the court; and

          F. satisfy any other conditions reasonably related to the defendant's rehabilitation."

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