New Mexico House Bill HB138

New Mexico 2023 Regular Session

• Introduced: 1/23/23
• Report Pass: 2/15/23

Caption

Flexibility In Fine And Fee Payments

Impact

The implementation of HB138 is expected to influence various state laws concerning the assessment and collection of fines and fees in criminal proceedings. By allowing installment payments and community service as alternatives to monetary payments, the bill seeks to reduce the punitive actions associated with nonpayment of fines. This is particularly significant for lower-income individuals who may struggle with the financial burden imposed by court costs, potentially alleviating their involvement with the justice system over financial incapacity to pay penalties.

Summary

HB138, introduced by Micaela Lara Cadena, aims to provide flexibility in the payment of court-imposed fines, fees, and costs associated with criminal convictions. This bill modifies existing laws to require courts to assess a defendant's ability to pay at sentencing and allows for installment payments of fines based on the defendant's income. Furthermore, it introduces community service options as alternatives to paying fines for those who are unable to do so due to financial constraints. Community service is designed to be meaningful and must benefit the public or community organizations.

Contention

While the bill has gained support for its compassionate approach towards indigent defendants, there are concerns that it may lead to a lack of accountability for criminal behaviors, as it provides several means to defer or avoid paying fines. Critics argue that allowing community service as a substitute might not adequately deter future offenses and could complicate the justice process. Additionally, there are concerns about the consistency of how courts assess a defendant's ability to pay, which could lead to disparities in the application of the law across different judicial districts.