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State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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New Mexico N.M. Stat. Ann. § 31-12-6 Costs of Conviction In every case wherein there is a conviction, the costs may be adjudged against the defendant.
Costs of Conviction
All No Court N/A
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New Mexico N.M. Stat. Ann. § 31-12-7(A) Influence of Intoxicating Liquor - Testing Fee
Notwithstanding the provisions of Section 66-8-102 NMSA 1978 or any municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs, a person convicted of a violation
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of Section 66-8-102 NMSA 1978 or a violation of a municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs shall be assessed by the court, in addition to any other fee or fine: a fee of eighty-five dollars ($85.00) to defray the costs of chemical and other tests used to determine the influence of liquor or drugs;
$85 All No Court N/A
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New Mexico N.M. Stat. Ann. § 31-12-7(B) Influence of Intoxicating Liquor - Comprehensive Community Programs
Notwithstanding the provisions of Section 66-8-102 NMSA 1978 or any municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs, a person convicted of a violation
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of Section 66-8-102 NMSA 1978 or a violation of a municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs shall be assessed by the court, in addition to any other fee or fine: a fee of seventy-five dollars ($75.00) to fund comprehensive community programs for the prevention of driving while under the influence of intoxicating liquor or drugs and for other traffic safety purposes.
$75 All No Court N/A
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New Mexico N.M. Stat. Ann. § 31-12-8(A) Controlled Substances - Testing Fee
A person convicted of a violation of the provisions of the Controlled Substances Act1 or a person convicted of distribution or possession of a controlled substance pursuant to municipal ordinance
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shall be assessed, in addition to any other fee or fine, a fee of seventy-five dollars ($75.00) to defray the costs of chemical and other analyses of controlled substances.
$75 All No Court N/A
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New Mexico N.M. Stat. Ann. § 31-12-11(A) Domestic Violence Offender Treatment Fee
In addition to any other fees collected in the district court, metropolitan court and magistrate court, those courts shall assess and collect from a person convicted of a penalty assessment
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misdemeanor, traffic violation, petty misdemeanor, misdemeanor or felony offense a “domestic violence offender treatment fee” of five dollars ($5.00)
$5 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 31-12-13(A)(1) Crime Victims Reparation Fee - Felony
In addition to any other fees or penalties collected in a district court, metropolitan court and magistrate court, those courts shall assess and collect from a person convicted of a
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misdemeanor or felony offense a mandatory crime victims reparation fee. The fee shall be levied at the time of sentencing in addition to any sentence required or permitted by law, in accordance with the following schedule: (1) a person convicted of a felony shall pay a crime victims reparation fee of seventy-five dollars ($75.00)
$75 Felony No Court N/A
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New Mexico N.M. Stat. Ann. § 31-12-13(A)(2) Crime Victims Reparation Fee - Misdemeanor
In addition to any other fees or penalties collected in a district court, metropolitan court and magistrate court, those courts shall assess and collect from a person convicted of a
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misdemeanor or felony offense a mandatory crime victims reparation fee. The fee shall be levied at the time of sentencing in addition to any sentence required or permitted by law, in accordance with the following schedule: (2) a person convicted of a misdemeanor shall pay a crime victims reparation fee of fifty dollars ($50.00).
$50 Misdemeanor No Court N/A
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New Mexico N.M. Stat. Ann. § 31-15-12(C) Indigency Representation Application
A person shall pay a non-refundable application fee of ten dollars ($10.00) at the time the person applies with the public defender for representation. The fee shall be deposited in
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the public defender automation fund. The public defender shall determine if the person is indigent and unable to pay the fee, subject to review by the court. When the person remains in custody and is unable to pay the fee, the court may waive payment of the fee.
$10 All No Court N/A
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New Mexico N.M. Stat. Ann. § 31-16A-7(A) Preprosecution Diversion Program
A defendant may be diverted to a preprosecution diversion program for no less than six months and no longer than two years. A district attorney may extend the diversion period
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for a defendant as a disciplinary measure or to allow adequate time for restitution, provided that the extension coupled with the original period does not exceed two years. A district attorney may require as a program requirement that a defendant agree to such reasonable conditions as the district attorney deems necessary to ensure that the defendant will observe the laws of the United States and the various states and the ordinances of any municipality and shall require the defendant to pay to his office the costs related to his participation in the program not exceeding one thousand twenty dollars ($1,020) annually to be paid in monthly installments of not less than fifteen dollars ($15.00) and not more than eighty-five dollars ($85.00), subject to modification by the district attorney on the basis of changed financial circumstances. All costs collected by a district attorney pursuant to this subsection shall be transmitted to the administrative office of the district attorneys for credit to the district attorney fund.
$0 - $1020 All No Court N/A
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New Mexico N.M. Stat. Ann. § 31-17-1(B) Restitution
If the trial court exercises either of the sentencing options under Section 31-20-6 NMSA 1978, the court shall require as a condition of probation or parole that the defendant, in
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cooperation with the probation or parole officer assigned to the defendant, promptly prepare a plan of restitution, including a specific amount of restitution to each victim and a schedule of restitution payments. If the defendant is currently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his probation or parole period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution. If the defendant believes that he will not be able to make any restitution, he shall so state and shall specify the reasons. If the defendant believes that no person suffered actual damages as a result of the defendant's criminal activities, he shall so state.
Full Restitution
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New Mexico N.M. Stat. Ann. § 31-18-15(E)(1) First Degree Felony Resulting in death of child
The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed: (1) for a first degree felony resulting in the death
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of a child, seventeen thousand five hundred dollars ($17,500);
$0 - $17500 Felony No Court N/A
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New Mexico N.M. Stat. Ann. § 31-18-15(E)(2) First Degree Felony for aggravated criminal sexual penetration
The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed: for a first degree felony for aggravated criminal sexual penetration,
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seventeen thousand five hundred dollars ($17,500)
$0 - $17500 Felony No Court N/A
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New Mexico N.M. Stat. Ann. § 31-18-15(E)(3) First Degree Felony The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed: for a first degree felony, fifteen thousand dollars ($15,000); $0 - $15000 Felony No Court N/A
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New Mexico N.M. Stat. Ann. § 31-18-15(E)(4) Second Degree felony resulting in the death of a human being
The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed: for a second degree felony resulting in the death of
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a human being, twelve thousand five hundred dollars ($12,500);
$0 - $12500 Felony No Court N/A
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New Mexico N.M. Stat. Ann. § 31-18-15(E)(5) Second Degree felony for a sexual offense against a child
The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed: for a second degree felony for a sexual offense against
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a child, twelve thousand five hundred dollars ($12,500);
$0 - $12500 Felony No Court N/A
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New Mexico N.M. Stat. Ann. § 31-18-15(E)(6) Second Degree felony for sexual exploitation of children
The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed: for a second degree felony for sexual exploitation of children,
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five thousand dollars ($5,000);
$0 - $5000 Felony No Court N/A
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New Mexico N.M. Stat. Ann. § 31-18-15(E)(7) Second Degree felony The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed: for a second degree felony, ten thousand dollars ($10,000); $0 - $10000 Felony No Court N/A
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New Mexico N.M. Stat. Ann. § 31-18-15(E)(8) Third Degree Felony Resulting in Death of a Human
The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed: for a third degree felony resulting in the death of
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a human being, five thousand dollars ($5,000);
$0 - $5000 Felony No Court N/A
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New Mexico N.M. Stat. Ann. § 31-18-15(E)(9) Third Degree Felony for a Sexual Offense Against a child
The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed: for a third degree felony for a sexual offense against
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a child, five thousand dollars ($5,000);
$0 - $5000 Felony No Court N/A
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New Mexico N.M. Stat. Ann. § 31-18-15(E)(10) Third Degree Felony for Sexual Exploitation of Children
The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed: for a third degree felony for sexual exploitation of
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children, five thousand dollars ($5,000);
$0 - $5000 Felony No Court N/A