New Mexico Statutes
Article 2 - State Correctional Facilities
Section 33-2-40 - [Imprisonment for nonpayment of fine or costs attached to prison sentence; maximum.]

All convicts sentenced to the state penitentiary who have a fine or costs or both attached to such sentence shall not be required to serve more than thirty days for such fine or costs.
History: Laws 1913, ch. 50, § 2; Code 1915, § 5085; C.S. 1929, § 130-173; 1941 Comp., § 45-160; 1953 Comp., § 42-1-60.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For the nonpayment of fines or costs of those committed to jail, see 33-3-11 NMSA 1978.
Defendant may not be imprisoned beyond maximum statutory sentence because of his inability to pay the costs assessed against him as to do such would deprive defendant of equal protection of the law. State v. Chavez, 1974-NMCA-021, 86 N.M. 199, 521 P.2d 1040, cert. denied, 86 N.M. 189, 521 P.2d 1030.
Maximum of 30 days served even if two or more commitments. — Inmates at the New Mexico state penitentiary are not required to serve more than 30 days for fines or costs attached to sentences when the inmates are sentenced on two or more commitments. 1959 Op. Att'y Gen. No. 59-31.
Maximum of 30 days to satisfy fine or costs or both. — An inmate committed to serve one or more sentences in the New Mexico state penitentiary can satisfy a fine by serving not more than 30 days. Court costs should be satisfied by payment if the inmate or his relatives have the necessary funds available. If it is necessary for the inmate to serve time in order to satisfy either a fine or costs, or both, such time served should not exceed 30 days. 1959 Op. Att'y Gen. No. 59-31.
Payment of costs condition precedent to parole. — The term necessary for the payment of costs is largely within the discretion of the prison board (now corrections department); also it makes such payment a condition precedent to a parole. 1923 Op. Att'y Gen. No. 23-3678.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Indigency of offender as affecting validity of imprisonment as alternative to payment of fine, 31 A.L.R.3d 926.

Structure New Mexico Statutes