0001|               HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0002|                            HOUSE BILL 880
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0003|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|                                   
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0006|     
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0007|                                   
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0008|     
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0009|                                   
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0010|     
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0011|                                AN ACT
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0012|     RELATING TO PUBLIC SAFETY; PROVIDING FOR THE CONFINEMENT OF
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0013|     PRISONERS IN COUNTY AND MUNICIPAL JAILS.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 33-3-13 NMSA 1978 (being Laws 1889,
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0017|     Chapter 8, Section 1, as amended) is amended to read:
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0018|          "33-3-13.  PRISONERS [WAITING] AWAITING TRIAL--CONFINEMENT
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0019|     IN COUNTY JAIL.--All persons charged with crime committed in
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0020|     the state, while awaiting indictment or trial on such charge,
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0021|     shall be incarcerated in the county jail of the county wherein
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0022|     [such] the crime is alleged to have been committed or any
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0023|     facility operated by [agreement between such counties or
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0024|     municipalities] any county or municipality, except that such
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0025|     persons may be temporarily imprisoned in such other places of
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0001|     confinement while being conveyed or awaiting conveyance [to the
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0002|     jail of the proper county] by the sheriff of the county where
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0003|     the crime is alleged to have been committed; provided that the
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0004|     sheriff or jail administrator of any county, having the custody
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0005|     of anyone charged with the commission of crime, shall be
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0006|     authorized to remove such person to another county jail or any
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0007|     other place of safety when in the opinion of the sheriff or
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0008|     jail administrator the life of such person or others is in
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0009|     imminent danger; provided further that this section shall not
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0010|     prevent a person being confined in a jail other than the one
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0011|     belonging to the county in which the crime charged is alleged
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0012|     to have been committed when such person is confined in such
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0013|     other jail in consequence of having taken a change of venue to
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0014|     such other county."
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0015|          Section 2.  Section 33-3-14 NMSA 1978 (being Laws 1889,
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0016|     Chapter 8, Section 2, as amended) is amended to read:
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0017|          "33-3-14.  WHICH COUNTY TO PAY EXPENSE.--[SEC. 18.]
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0018|     Whenever any person [shall be] is imprisoned in any [county]
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0019|     facility operated by any county or municipality other than the
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0020|     county in which the crime is alleged to have been committed [in
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0021|     violation of this chapter], the expense of such imprisonment
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0022|     shall be borne by the county [in which such person is so
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0023|     imprisoned] where the crime is alleged to have been committed. 
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0024|     Provided, that whenever any prisoner [shall be] is removed to
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0025|     another county under the provisions of [the preceding] Section
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0001|     33-3-13 NMSA 1978 then, and in such case, the expense of
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0002|     removal and keeping [such] the prisoner shall be paid by the
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0003|     county from which [such] the prisoner was [so] removed."
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0004|          Section 3.  EFFECTIVE DATE.--The effective date of the
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0005|     provisions of this act is July 1, 1997.
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0006|                               
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