Attorney General Opinions and Advisory Letters

Opinion No. 63-73

June 24, 1963

BY: OPINION of EARL E. HARTLEY, Attorney General

TO: Honorable W. T. Scoggin District Judge Third Judicial District Las Cruces, New Mexico

QUESTION

QUESTION

Are the probation costs provided for in the Criminal Code, Laws 1963, Chapter 303, Section 29-18 to be credited to the State Court Fund?

CONCLUSION

Yes.

OPINION

{*152} ANALYSIS

Costs in criminal prosecutions are unknown at common law; their recovery in any criminal case depends wholly upon the statutory provisions therefor. 14 Am. Jur., Costs, Section 107.

Turning to the relevant statutory provisions, we find that Section 29-18 of the new Criminal Code, Laws 1963, Chapter 303, provides that the district court may, as a condition of probation, require the defendant to "pay the actual costs of his probation service not exceeding two-hundred dollars."

Senate Bill 37 (Laws 1963, Chapter 214, Section 2) provides that "all costs collected in criminal {*153} cases" shall be remitted to the state treasurer for credit to the state court fund.

These costs which a Defendant may be required to pay for probation service are "a cost in a criminal case" and the disposition thereof is thus governed by Senate Bill 37. For a discussion of a similar probation cost statute, see People v. Robinson, 253 Mich. 507, 235 N.W. 236.

By: Oliver E. Payne

Assistant Attorney General