A. A county may create a "misdemeanor compliance program" to monitor defendants' compliance with the conditions of probation imposed by a district or magistrate court. The program shall be limited to participation by persons who have been convicted of a misdemeanor criminal offense specified in the Criminal Code [30-1-1 NMSA 1978], convicted of driving while under the influence of intoxicating liquor or drugs or convicted of driving while the person's driver's license is suspended or revoked pursuant to the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978]. A county's program shall comply with guidelines established by the administrative office of the courts.
B. As a condition of probation, the district or magistrate court may require the defendant to pay a fee of not less than fifteen dollars ($15.00) nor more than fifty dollars ($50.00) per month to the county for a public probation program for the term of the defendant's probation. Money collected by the county pursuant to this subsection shall be used only to operate the misdemeanor compliance program.
History: Laws 2000, ch. 49, § 1; 2013, ch. 104, § 1.
The 2013 amendment, effective June 14, 2013, increased the cost to defendants for probation; and in Subsection B, in the first sentence, after "nor more than", deleted "thirty dollars ($30.00)" and added "fifty dollars ($50.00)" and in the second sentence, after "collected by the county", added "for a public probation program".
Structure New Mexico Statutes
Chapter 31 - Criminal Procedure
Section 31-20-1 - Sentence of corporations.
Section 31-20-2 - Place of imprisonment; commitments.
Section 31-20-3 - Order deferring or suspending sentence; diagnostic commitment.
Section 31-20-4 - Application of order deferring or suspending sentence.
Section 31-20-5 - Placing defendant on probation.
Section 31-20-5.1 - Misdemeanor compliance programs; counties may establish; fees.
Section 31-20-5.2 - Sex offenders; period of probation; terms and conditions of probation.
Section 31-20-6 - Conditions of order deferring or suspending sentence.
Section 31-20-8 - Effect of termination of period of suspension without revocation of order.
Section 31-20-9 - Completion of total term of deferment.
Section 31-20-10 - Character of order.
Section 31-20-11 - Credit for time pending appellate review.