33-3-11. Jail for nonpayment of fine or costs.
255 words·~1 min read·
/nm/chapter-33-correctional-institutions/article-3-jails/33-3-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Whenever any person is committed to jail for nonpayment of any fine or costs or both, the person shall be credited with twenty-four times the 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 the prisoner from custody under commitment.
B. If the person in custody makes an affidavit that the person has no property out of which the person can pay the fine and costs, either or any part, the prisoner shall not be retained in custody longer than fifteen days even though the fine and costs or either exceeds the amount credited toward repayment during those 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.
History: Laws 1889, ch. 9, § 1; C.L. 1897, § 832; Code 1915, § 3045; C.S. 1929, § 75- 113; 1941 Comp., § 45-209; 1953 Comp., § 42-2-9; Laws 1961, ch. 48, § 1; 1967, ch. 153, § 1; 1983, ch. 181, § 11; 2001, ch. 170, § 1; 2023, ch. 184, § 6.