N.M. Stat. § 33-3B-3
Incarceration of felony offenders in county detention
facilities; rate of reimbursement.
A. The distribution amount for each eligible county each fiscal year shall be derived
by multiplying the total amount of money available in the fund for distribution pursuant to
this section by the felony offender incarceration percentage for that county. The felony
offender incarceration percentage shall be equal to a fraction:
(1)
the numerator of which is the rolling average of the number of felony
offenders incarcerated in an eligible county on June 30 of each of the three fiscal years
immediately preceding the fiscal year in which the distribution is to be made pursuant to
Section 4 [33-3B-4 NMSA 1978] of the County Detention Facility Reimbursement Act;
and
(2)
the denominator of which is the rolling average of the number of felony
offenders incarcerated in all eligible counties on June 30 of each of the three fiscal
years immediately preceding the fiscal year in which the distribution is to be made
pursuant to Section 4 of the County Detention Facility Reimbursement Act.
B. Annually, on or before December 1, the New Mexico sentencing commission
shall:
(1)
determine the felony offender incarceration percentage for each eligible
county;
(2)
calculate the distribution amount for each eligible county by applying the
formula in Subsection A of this section; and
(3)
certify to the division the felony incarceration percentage and the
distribution amount for each eligible county.