0001| SENATE BILL 297
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| SUE F. WILSON
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0005|
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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| AN ACT
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0011| RELATING TO CRIMINAL JUSTICE; REQUIRING THE STATE TO PAY FOR
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0012| INCARCERATION OF PERSONS AWAITING TRIAL ON FELONY CHARGES
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0013| AFTER SIXTY DAYS; MAKING AN APPROPRIATION.
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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--
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0019| CONFINEMENT IN COUNTY JAIL.--
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0020| ~[All persons]~ |A. A person| charged with |a|
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0021| crime committed in the state, while awaiting indictment or
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0022| trial on such charge, shall be incarcerated in the county jail
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0023| of the county ~[wherein such]~ |in which the| crime is alleged
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0024| to have been committed or any facility operated by agreement
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0025| between such counties or municipalities, except that such
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0001| ~[persons]~ |person| may be temporarily imprisoned in other
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0002| places of confinement while being conveyed or awaiting
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0003| conveyance to the jail of the proper county; provided that the
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0004| sheriff or jail administrator ||of ~[any]~ |a| county having
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0005| the custody of anyone charged with the commission of |a| crime
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0006| shall be authorized to remove such person to another county
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0007| jail or any other place of safety when in the opinion of the
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0008| sheriff or jail administrator the life of such person or
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0009| others is in imminent danger; provided further that this
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0010| section shall not prevent a person being confined in a jail
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0011| other than the one belonging to the county in which the crime
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0012| charged is alleged to have been committed when such person is
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0013| confined in such other jail in consequence of having taken a
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0014| change of venue to such other county.
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0015| |B. When a person awaiting trial on a felony crime
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0016| is incarcerated for more than sixty days, the state shall
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0017| reimburse the county for the cost of housing him.|"
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0018| Section 2. Section 33-3-14 NMSA 1978 (being Laws 1889,
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0019| Chapter 8, Section 2, as amended) is amended to read:
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0020| "33-3-14. |WHAT COUNTY TO PAY EXPENSE|.--~[SEC. 18.]~
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0021| Whenever any person ~[shall be]~ |is| imprisoned in any county
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0022| other than the county in which the crime is alleged to have
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0023| been committed in violation of ~[this]~ Chapter |33, Article 3
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0024| NMSA 1978|, the expense of such imprisonment shall be borne by
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0025| the county in which ~[such]~ |the| person is ~[so]~ imprisoned
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0001| ~[Provided, that]~. Whenever any prisoner ~[shall be]~ |is|
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0002| removed to another county ~[under]~ |pursuant to| the
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0003| provisions of ~[the preceding]~ Section |33-3-13 NMSA 1978|
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0004| then, and in such case, the expense of removal and keeping
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0005| ~[such]~ |the| prisoner shall be paid by the county from which
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0006| ~[such]~ |the| prisoner was ~[so]~ removed |or the state as
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0007| provided in that section|."
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0008| Section 3. Section 33-3-15 NMSA 1978 (being Laws 1919,
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0009| Chapter 92, Section 1, as amended) is amended to read:
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0010| "33-3-15. TRANSFER OF PRISONER TO ANOTHER COUNTY OR THE
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0011| PENITENTIARY FOR SAFEKEEPING--EXPENSE.--|
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0012| A.| Whenever the public welfare or the safe
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0013| custody of a prisoner ~[shall require, any]~ |requires, a|
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0014| district judge in the state ~[of New Mexico]~ in his
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0015| discretion may order any person charged with the commission of
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0016| a crime, or any person in the custody of the sheriff of any
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0017| county in the district of the ~[said]~ judge, to be removed to
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0018| another county jail or to the state penitentiary or to any
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0019| other place of safety when, in the opinion of the ~[said]~
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0020| district judge, it is advisable that ~[such]~ |the| person
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0021| ~[or persons]~ shall be removed for any purpose whatsoever.
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0022| | B.| Where a person, on the order of any district
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0023| judge, has been placed in the state penitentiary or a county
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0024| jail for safekeeping, the expense incurred by ~[said]~ |the|
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0025| penitentiary or the sheriff of any county for the maintenance
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0001| of ~[said]~ |the| prisoner shall be borne by the county from
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0002| which ~[said]~ |the| prisoner has been ordered ~[and said]~
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0003| |or the state as provided in Section 33-3-13 NMSA 1978. The|
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0004| bill of expense shall be made a preferential bill of expense
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0005| and shall be paid in full before any bill, fees or salaries of
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0006| ~[such]~ |the| county are paid; provided, however, that the
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0007| ~[said]~ state penitentiary or sheriff shall only charge for
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0008| the maintenance of ~[said]~ |the| prisoner |at| the legal rate
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0009| ~[now]~ allowed by law. This section shall not authorize a
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0010| charge against a county for expenses relating to any prisoner
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0011| committed to the penitentiary as a result of a criminal
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0012| conviction."
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0013| Section 4. TEMPORARY PROVISION--LOCAL GOVERNMENT
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0014| DIVISION RULES.--The local government division of the
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0015| department of finance and administration shall by rule
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0016| establish procedures for receiving, verifying and reimbursing
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0017| counties for the cost of incarcerating persons awaiting trial
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0018| on felony charges as provided in Section 33-3-13 NMSA 1978.
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0019| Section 5. APPROPRIATION.--One million dollars
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0020| ($1,000,000) is appropriated from the general fund to the
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0021| local government division of the department of finance and
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0022| administration for expenditure in fiscal year 1999 to pay the
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0023| counties' costs of incarcerating persons awaiting trial on
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0024| felony charges. Any unexpended or unencumbered balance
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0025| remaining at the end of fiscal year 1999 shall revert to the
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0001| general fund.
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0002| Section 6. EFFECTIVE DATE.--The effective date of the
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0003| provisions of this act is July 1, 1998.
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0004|
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