A. Whenever any person is committed to jail for nonpayment of any fine or costs or both, he shall be credited with eight times the federal 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 him from custody under commitment.

B. If the person in custody makes an affidavit that he has no property out of which he can pay the fine and costs, either or any part, the prisoner shall not be retained in custody longer than sixty days even though the fine and costs or either exceeds the amount credited toward repayment during those sixty 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.

Cross references. — For the nonpayment of fines or costs of those sentenced to the state penitentiary, see 33-2-40 NMSA 1978.

The 2001 amendment, effective July 1, 2001, in Subsection A, substituted "jail" for "prison", increased the credit amount from five dollars per day to eight times the federal hourly minimum wage per day, substituted "incarceration" for "imprisonment" and "incarcerated" for "imprisoned"; in Subsection B, changed the amount of time a prisoner may be retained in custody from three months to sixty days, and substituted "the amount credited toward repayment during those sixty days" for "four hundred fifty dollars ($450)".

Maximum of 30 days served in penitentiary to pay fines. — Inmates at the New Mexico State Penitentiary are not required to serve more than 30 days for fines or costs attached to sentences when the inmates are sentenced on two or more commitments. 1959 Op. Att'y Gen. No. 59-31.

Maximum of 30 days to satisfy fine or costs or both. — An inmate committed to serve one or more sentences in the New Mexico state penitentiary can satisfy a fine by serving not more than 30 days. Court costs should be satisfied by payment if the inmate or his relatives have the necessary funds available. If it is necessary for the inmate to serve time in order to satisfy either a fine or costs, or both, such time served should not exceed 30 days. 1959 Op. Att'y Gen. No. 59-31.

Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Indigency of offender as affecting validity of imprisonment as alternative to payment of fine, 31 A.L.R.3d 926.