HOUSE BILL 185

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Greg Nibert and Eliseo Lee Alcon

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SAFETY; PROVIDING FOR COUNTIES TO ESTABLISH PRETRIAL RELEASE COMPLIANCE PROGRAMS AND CHARGE FEES; ALLOWING FOR FEES TO BE WAIVED.

 

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

     SECTION 1. [NEW MATERIAL] PRETRIAL RELEASE COMPLIANCE PROGRAMS--COUNTIES MAY ESTABLISH--FEES.--

          A. A county may create a "pretrial release compliance program" to monitor defendants' compliance with the conditions of pretrial release imposed by a district or magistrate court.

          B. A county's pretrial release compliance program shall comply with guidelines established by the administrative office of the courts.

          C. The court may require the defendant to pay a fee not to exceed fifty dollars ($50.00) per month to the county according to a sliding fee scale established by the administrative office of the courts.

          D. The court may waive fees if the court determines that the defendant is found to be indigent and is unable to pay the fees.

          E. Fees paid to the county shall be used only to operate the pretrial release compliance program. Counties may also obtain other funding or dedicate other county funds to mitigate or eliminate the need for defendants to pay fees.

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