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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
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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. § 31-15-12(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. § 31-20-5.1(B) Probation Fee
As a condition of probation, the district or magistrate court may require the defendant to pay a fee of not less than fifteen dollars ($15.00) nor more than fifty dollars
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($50.00) per month to the county for a public probation program for the term of the defendant's probation. Money collected by the county pursuant to this subsection shall be used only to operate the misdemeanor compliance program..
$15 - $50 All No Court N/A
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New Mexico N.M. Stat. Ann. § 31-20-6 Deferred Sentence - Probation Fee
The defendant upon conviction shall be required to pay the actual costs of the defendant's supervised probation service to the adult probation and parole division of the corrections department or
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appropriate responsible agency for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant.
$0 - $1800

Actual Costs
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New Mexico N.M. Stat. Ann. § 31-20-6(E) Deferred Sentence - Domestic Violence Contribution
The court may also require the defendant to: make a contribution of not less than ten dollars ($10.00) and not more than one hundred dollars ($100), to be paid in
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monthly installments of not less than five dollars ($5.00), to a local crime stopper program, a local domestic violence prevention or treatment program or a local drug abuse resistance education program that operates in the territorial jurisdiction of the court;
$10 - $100 All No Court N/A
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New Mexico N.M. Stat. Ann. § 31-21-10(G) Parole Costs
Pursuant to the provisions of Section 31-18-15 NMSA 1978, the board shall require the inmate as a condition of parole: to pay the actual costs of parole services to the
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adult probation and parole division of the corrections department for deposit to the corrections department intensive supervision fund not exceeding one thousand eight hundred dollars ($1,800) annually to be paid in monthly installments of not less than twenty-five dollars ($25.00) and not more than one hundred fifty dollars ($150), as set by the appropriate district supervisor of the adult probation and parole division, based upon the financial circumstances of the defendant. The defendant's payment of the supervised parole costs shall not be waived unless the board holds an evidentiary hearing and finds that the defendant is unable to pay the costs. If the board waives the defendant's payment of the supervised parole costs and the defendant's financial circumstances subsequently change so that the defendant is able to pay the costs, the appropriate district supervisor of the adult probation and parole division shall advise the board and the board shall hold an evidentiary hearing to determine whether the waiver should be rescinded; and (2) to reimburse a law enforcement agency or local crime stopper program for the amount of any reward paid by the agency or program for information leading to the inmate's arrest, prosecution or conviction.
$0 - $1800 All No Court N/A
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New Mexico N.M. Stat. Ann. § 31-22-20(A) False Claim to Crime Victims Reparation Act
Any person who knowingly makes a false claim or a false statement in connection with a claim filed pursuant to the Crime Victims Reparation Act shall be guilty of a
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fourth degree felony and for conviction thereof shall: A. be punished by imprisonment in the state penitentiary for a determinate term of not less than one year nor more than five years; or by the payment of a fine not to exceed five thousand dollars ($5,000) or both such imprisonment and fine in the discretion of the court;
$0 - $5000 All No Court N/A
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New Mexico N.M. Stat. Ann. § 31-18-15.4(A) Offenses by a public official
When a separate finding of fact by the trier of fact shows beyond a reasonable doubt that an offender is a public official and that the felony conviction relates to,
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arises out of or is in connection with the offender's holding of an elected office, the basic sentence may be increased by an additional fine not to exceed the value of the salary and fringe benefits paid to the offender, by virtue of holding an elected public office, after the commission of the first act that was a basis for the felony conviction.
Salary of official
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New Mexico N.M. Stat. Ann. § 30-36-5(A) Fraudulent Check - Up to $25
when the amount of the check, draft or order, or the total amount of the checks, drafts or orders, are for more than one dollar ($1.00) but less than twenty-five
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dollars ($25.00), imprisonment in the county jail for a term of not more than thirty days or a fine of not more than one hundred dollars ($100), or both such imprisonment and fine;
$0 - $100 All No Court N/A
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New Mexico N.M. Stat. Ann. § 30-36-5(B) Fraudulent Check -More than $25
when the amount of the check, draft or order, or the total amount of the checks, drafts or orders, are for twenty-five dollars ($25.00) or more, imprisonment in the penitentiary
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for a term of not less than one year nor more than three years or the payment of a fine of not more than one thousand dollars ($1,000) or both such imprisonment and fine.
$0 - $1000 All No Court N/A
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New Mexico N.M. Stat. Ann. § 30-49-12(B) Presenting False Age
Any minor who violates any provision of Subsection B of Section 30-49-3 NMSA 1978 or Section 30-49-6 NMSA 1978 shall be punished by a fine not to exceed one hundred
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dollars ($100) or forty-eight hours of community service.
$0 - $100 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-13-3(E) Operating motor vehicle under influence
Every person under first conviction pursuant to this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than ninety days or by
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a fine of not more than five hundred dollars ($500), or both
$0 - $500 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-13-3(E) Aggravated Boating while under influence
In addition to those penalties, when an offender commits aggravated boating while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-eight
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consecutive hours in jail and may be fined not more than seven hundred fifty dollars ($750)
$0 - $750 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-5-39.1(A) Driving while license revoked
A person who drives a motor vehicle on a public highway of this state at a time when the person's privilege to do so is revoked and who knows or
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should have known that the person's license was revoked is guilty of a misdemeanor and shall be charged with a violation of this section. Upon conviction, the person shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not less than four days or more than three hundred sixty-four days or by participation for an equivalent period of time in a certified alternative sentencing program, and there may be imposed in addition a fine of not more than one thousand dollars ($1,000).
$0 - $1000 All No Court N/A
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New Mexico N.M. Stat. Ann. § 66-5-39.1(B) Driving while license revoked because of alcohol
Notwithstanding any other provision of law for suspension or deferment of execution of a sentence, if the person's privilege to drive was revoked for driving under the influence of intoxicating
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liquor or drugs or a violation of the Implied Consent Act, upon conviction pursuant to this section, the person shall be punished by imprisonment for not less than seven consecutive days and shall be fined not less than three hundred dollars ($300) and not more than one thousand dollars ($1,000) and the fine and imprisonment shall not be suspended, deferred or taken under advisement
$300 - $1000 All No Court N/A