§ 24-12-12-1.3. Mandatory fees upon conviction. (Amended July, 2009)

A.

There is imposed upon any person convicted of violating any municipal ordinance the penalty for which carries a potential jail term or any ordinance relating to the operation of a motor vehicle the following mandatory fees:

(1)

A corrections fee of twenty dollars ($20.00);

(2)

A judicial education fee of three dollars ($3.00); and

(3)

A court automation fee of six dollars ($6.00).

B.

As used in this ordinance, "convicted" means the defendant has been found guilty of a criminal charge by the municipal judge, either after trial, a plea of guilty or a plea of nolo contendere, or has elected to pay a penalty assessment in lieu of trial.

C.

All corrections fees collected shall be deposited in a special corrections fund in the municipal treasury and shall be used only for:

(1)

municipal jailer training;

(2)

construction planning, construction, operation and maintenance of the municipal jail;

(3)

paying the costs of housing the municipality's prisoners in a county jail or detention facility or housing juveniles in a detention facility;

(4)

complying with federal match or contribution requirements relating to jails or juvenile detention facilities;

(5)

providing in-patient treatment or other substance abuse programs in conjunction with or as an alternative to jail sentencing;

(6)

defraying the cost of transporting prisoners to jails or juvenile detention facilities; or

(7)

providing electronic monitoring systems.

D.

A municipality may credit the interest collected from fees deposited in the special corrections fund to the municipality's general fund.

E.

All judicial education fees collected shall be remitted monthly to the state treasurer for credit to the judicial education fund and shall be used for the education and training, including production of benchbooks and other written materials, of municipal judges and other municipal court personnel.

F.

All court automation fees collected shall be remitted monthly to the state treasurer for credit to the municipal court automation fund and shall be used for the purchase and maintenance of court automation systems in the municipal courts. The court automation system shall have the capability of providing, on a timely basis, electronic records in a format specified by the judicial information system council.

(Ord. No. 1567 , 5-29-18)

State law reference

35-14-11 NMSA 1978.