An individual may be given the opportunity to perform community service in lieu of paying fines based on financial indigence and at the discretion of the Municipal Judge.
Anyone performing community service should be aware of Section 31-20-6(D), New Mexico Statutes Annotated (1978), which provides:
The type of labor and period of service shall be at the sole discretion of the Court
Provided that any person receiving community service shall be immune from any civil liability other than gross negligence arising out of community service
Any person who performs community service pursuant to court order or any criminal diversion program shall not be entitled to any wages
Shall not be considered an employee for any purpose and shall not be entitled to workman's compensation
Unemployment benefits or any other benefits otherwise provided by the law
The defendant must report on time to the designated location.He/she will be required to sign in to receive credit for the day.Failure to attend will result in automatically being found in non-compliance - fines will be due the following business day.Everyone must bring in or fax proof of at least eight (8) hours worked per week, no later than 4:45 PM every Monday.The fax number is (505) 892-1727.
No alcohol or drugs are to be taken while participating in this program.If a defendant is found to be under the influence, he/she will be required to submit to chemical testing or face immediate dismissal.If results of testing are positive, no credit for participation will be given.
Based on an eight (8) hour work day - one 30 minute lunch break and two 15 minute rest breaks will be allowed.For a six (6) hour day - one 30 minute lunch break and one 15 minute rest break.For a four (4) day - one 15 minute rest break.You are encouraged to bring a sack lunch.
Behavior and Attitude:
Both are very important in order to get anything positive from the program.Please begin with a positive outlook; your success in the program is a success for us as well.