NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to SB10

SOURCES OF INFORMATION

LFC files

Corrections Department

Department of Public Safety

Administrative Office of the District Attorney's

Association of Counties

Administrative Office of the Courts

Public Defender Department

Attorney General

Agencies who did not respond include:

Bernalillo Metro Court

Department of Finance and Administration

Municipal League

SUMMARY

Synopsis of Bill

HB101 appropriates $200.0 from the general fund to the Corrections Department (CD) for expenditure in fiscal year 2001 for the purpose of contracting for relapse prevention services for female inmates who are released on parole. Any unexpended or unencumbered balance remaining at the end of fiscal year 2001 shall revert to the general fund.

Significant Issues

CD reports each year there is a moderate number of female parolees who violate their parole by engaging in criminal activity similar to that which resulted in their initial prison sentence. The services provided through this appropriation could result in a decrease in the recidivism rate for female offenders. This could in turn slightly reduce the rate of increase of the female inmate population. LFC staff questions how CD could discuss the reduction of recidivism rates when the agency is not able to provide information as it relates to recidivism rates.

FISCAL IMPLICATIONS

CD reports HB101 could result in a minor cost savings to the department by reducing the department's payments to the contractor responsible for housing the department's female inmates.

CD currently pays $23.1 per year to the Corrections Corporation of America for the purpose of housing the department's female population. Therefore, this program could be considered cost effective if the program were directly responsible for preventing approximately seven (7) to ten (10) female parolees each year from being returned to prison as a parole violator.

According to CD, in the short term the department will probably be able to absorb the additional administrative burden, and the program established by these funds would be easier to administer if it were not restricted to those on parole. Those on probation that are at risk could benefit from this type of program which might also prevent their incarceration.

OTHER SUBSTANTIVE ISSUES

The Public Defender reports, from experience, historically there have been less treatment opportunities for women than for men. Funding in this area is critical and needed.

The Association of Counties reports, such a program may, it would prevent someone from re-entering the criminal justice system, and counties and the community would benefit.

LAT/njw