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. History: Laws 2007, ch. 333, § 3.