HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
HOUSE BILL 139
56th legislature - STATE OF NEW MEXICO - first session, 2023
AN ACT
RELATING TO COURTS; ELIMINATING COURT FEES; PROVIDING ADDITIONAL WAYS OF SERVING COMMUNITY SERVICE TO PAY FINES, FEES OR COSTS; REDUCING IMPRISONMENT FOR NONPAYMENT OF FINES OR COSTS; AMENDING JAIL FOR NONPAYMENT OF FINES OR COSTS; REPEALING SECTIONS 31-12-6 THROUGH 31-12-8, 31-12-11, 31-12-13, 35-14-11 AND 66-8-116.3 NMSA 1978 (BEING LAWS 1858-1859, P. 30; LAWS 1981, CHAPTER 367, SECTIONS 1 AND 2; LAWS 2003, CHAPTER 387, SECTION 1; LAWS 2015, CHAPTER 10, SECTION 3; LAWS 1983, CHAPTER 134, SECTION 6; AND LAWS 1989, CHAPTER 318, SECTION 35, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 31-12-3 NMSA 1978 (being Laws 1971, Chapter 236, Section 1, as amended) is amended to read:
"31-12-3. PAYING FINES, FEES OR COSTS IN INSTALLMENTS--
COMMUNITY SERVICE OPTION.--
A. Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against [him] the person, either in addition to or without a term of imprisonment, [may in the discretion of the court] shall be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix.
B. The defendant may also be required to serve a period of time in labor to be known as "community service" in lieu of all or part of the fine, [If unable to pay the fees or costs, he may be granted permission to perform community service in lieu of them as well] fees or costs. The labor shall be meaningful, shall not be suspended or deferred and shall be of a type that benefits the public at large or any public, charitable or educational entity or institution, including job training, school attendance or participation in social service or rehabilitation programs, and is consistent with Article 9, Section 14 of the constitution of New Mexico. Any person performing community service pursuant to court order shall be immune from civil liability arising out of the community service other than for gross negligence, shall not be entitled to wages or considered an employee for any purpose and shall not be entitled to workers' compensation, unemployment or any other benefits otherwise provided by law. Instead, a person who performs community service shall receive credit toward the fine, fees or costs at twice the rate of the prevailing [federal] state hourly minimum wage. Unless otherwise provided, however, the total fine, fees and costs shall be payable forthwith.
[B.] C. The court may at any time revise, modify, reduce or enlarge the amount of the installment or the time and conditions fixed for payment of it.
[C.] D. When a defendant sentenced to pay a fine in installments or ordered to pay fees or costs defaults in payment, the court, upon motion of the prosecutor or upon its own motion, may require the defendant to show cause why [his] the defendant's default should not be treated as contumacious and may issue a summons or a warrant of arrest for [his] the defendant's appearance. It shall be a defense that the defendant did not willfully refuse to obey the order of the court or that [he] the defendant made a good faith effort to obtain the funds required for the payment. If the defendant's default was contumacious, the court may order [him] the defendant committed until the fine or a specified part of it or the fees or costs are paid. A defendant who is ordered to a period of confinement under this subsection shall receive credit toward the fine, fees or costs at twenty-four times the rate of the state minimum wage for each day or portion of a day of incarceration. A defendant shall receive credit at the same rate for all pre-sentence confinement served. The maximum term of imprisonment for such contumacious nonpayment shall be specified in the order of commitment.
[D.] E. If it appears that a defendant's default in the payment of a fine, fees or costs is not contumacious, the court may allow the defendant additional time for payment, reduce the amount of the fine or of each installment, revoke the fine or the unpaid portion in whole or in part or require the defendant to perform community service in lieu of the fine, fees or costs."
SECTION 2. Section 31-12-9 NMSA 1978 (being Laws 1981, Chapter 367, Section 3, as amended) is amended to read:
"31-12-9. CRIME LABORATORY FUND CREATED--APPROPRIATION.--There is created in the state treasury the "crime laboratory fund". [All fees collected pursuant to the provisions of Sections 31-12-7 and 31-12-8 NMSA 1978 shall be transmitted monthly to the administrative office of the courts for credit to the crime laboratory fund. All balances in the crime laboratory fund of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978 are appropriated to the administrative office of the courts for payment upon invoice to the scientific laboratory division of the health and environment department, the New Mexico state police crime laboratory division and the Albuquerque police crime laboratory for costs related to chemical and other tests and analyses described in those sections and incurred by these laboratories and local law enforcement agencies. Payments out of the crime laboratory fund of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978 shall be made on vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the department of finance and administration.] The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act. All balances in the crime laboratory fund [of fees collected pursuant to the provisions of Subsection B of Section 31-12-7 NMSA 1978] are appropriated to the traffic safety bureau of the [transportation program division of the state highway and transportation] department of transportation to provide funds to approved comprehensive community programs for the prevention of driving while under the influence of alcohol or drugs and for other traffic safety purposes. Payment out of the crime laboratory fund [of fees collected pursuant to the provisions of Subsection B of Section 31-12-7 NMSA 1978] shall be made on vouchers issued and signed by the chief of the traffic safety bureau upon warrants drawn by the department of finance and administration."
SECTION 3. Section 31-12-12 NMSA 1978 (being Laws 2003, Chapter 387, Section 2, as amended) is amended to read:
"31-12-12. DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION FUND CREATED--APPROPRIATION--PROGRAM REQUIREMENTS.--
A. The "domestic violence offender treatment or intervention fund" is created in the state treasury. [All fees collected pursuant to the provisions of Section 31-12-11 NMSA 1978 shall be transmitted monthly to the department of finance and administration for credit to the domestic violence offender treatment or intervention fund.] The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
B. Balances in the domestic violence offender treatment or intervention fund are appropriated to the children, youth and families department to provide funds to domestic violence offender treatment or intervention programs to defray the cost of providing treatment or intervention to domestic violence offenders. Unexpended or unencumbered balances remaining in the fund at the end of any fiscal year shall not revert to the general fund.
C. Payment out of the domestic violence offender treatment or intervention fund shall be made on vouchers issued and signed by the secretary of children, youth and families upon warrants drawn by the department of finance and administration.
D. In order to be eligible for money from the domestic violence offender treatment or intervention fund, a domestic violence offender treatment or intervention program shall include the following components in its program:
(1) an initial assessment to determine if a domestic violence offender will benefit from participation in the program;
(2) a written contract, which must be signed by the domestic violence offender, that sets forth:
(a) attendance and participation requirements;
(b) consequences for failure to attend or participate in the program; and
(c) a confidentiality clause that prohibits disclosure of information revealed during treatment or intervention sessions;
(3) strategies to hold domestic violence offenders accountable for their violent behavior;
(4) a requirement that group discussions are limited to members of the same gender;
(5) an education component that:
(a) defines physical, emotional, sexual, economic and verbal abuse and techniques for stopping those forms of abuse; and
(b) examines gender roles, socialization, the nature of violence, the dynamics of power and control and the effects of domestic violence on children;
(6) a requirement that a domestic violence offender not be under the influence of alcohol or drugs during a treatment or intervention session;
(7) a requirement, except with respect to a domestic violence offender who is a voluntary participant in the program, that the program provide monthly written reports to the presiding judge or the domestic violence offender's probation or parole officer regarding:
(a) proof of the domestic violence offender's enrollment in the program;
(b) progress reports that address the domestic violence offender's attendance, fee payments and compliance with other program requirements; and
(c) evaluations of progress made by the domestic violence offender and recommendations as to whether or not to require the offender's further participation in the program; and
(8) a requirement that the term of the program be at least fifty-two weeks.
E. Counseling for couples shall not be a component of a domestic violence offender treatment or intervention program.
F. As used in this section, "domestic violence offender" means a person:
(1) convicted for an offense pursuant to the provisions of the Crimes Against Household Members Act;
(2) convicted for violating an order of protection granted by a court pursuant to the provisions of the Family Violence Protection Act;
(3) referred to a domestic violence offender treatment or intervention program by a judge, a domestic violence special commissioner or the parole board; or
(4) who voluntarily participates in a domestic violence offender treatment or intervention program."
SECTION 4. A new section of Chapter 31, Article 12 NMSA 1978 is enacted to read:
"[NEW MATERIAL] RELIEF OF COURT DEBT FOR FEES OR COSTS.-- The court, by its own motion or by defendant petition, may waive fees or costs assessed prior to July 1, 2024."
SECTION 5. Section 33-2-40 NMSA 1978 (being Laws 1913, Chapter 50, Section 2, as amended) is amended to read:
"33-2-40. FINES AND COSTS--SERVICE FOR.--[Sec. 68.] All convicts sentenced to the [state] penitentiary of New Mexico who have a fine or costs or both attached to [such] the sentence shall not be required to serve more than [thirty] fifteen days for [such] the fine or costs."
SECTION 6. Section 33-3-11 NMSA 1978 (being Laws 1889, Chapter 9, Section 1, as amended) is amended to read:
"33-3-11. JAIL FOR NONPAYMENT OF FINE OR COSTS.--
A. Whenever any person is committed to jail for nonpayment of any fine or costs or both, [he] the person shall be credited with [eight] twenty-four times the [federal] state hourly minimum wage a day in reduction thereof for each day or portion of a day of incarceration. When the person has remained incarcerated a sufficient length of time to extinguish the fine or cost or both, computed at this rate, or has paid to the sentencing court the amount of the fine or costs or both, remaining after deducting credit allowed by this section and obtaining from the court an order of release from commitment, the officer having the prisoner in custody shall discharge [him] the prisoner from custody under commitment.
B. If the person in custody makes an affidavit that [he] the person has no property out of which [he] the person can pay the fine and costs, either or any part, the prisoner shall not be retained in custody longer than [sixty] fifteen days even though the fine and costs or either exceeds the amount credited toward repayment during those [sixty] fifteen days. The affidavit shall be delivered to the sheriff or jail administrator as defined in Section 4-44-19 NMSA 1978 having custody of the prisoner."
SECTION 7. Section 33-3-25 NMSA 1978 (being Laws 1983, Chapter 134, Section 1, as amended) is amended to read:
"33-3-25. LOCAL GOVERNMENT CORRECTIONS FUND CREATED--ADMINISTRATION--DISTRIBUTION.--
A. There is create