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(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

State Department of Education

Corrections Department

Children Youth and Families Department

No Response

Department of Health

SUMMARY

Synopsis of Bill

HB 175 appropriates $125,000 from the general fund to the department of health for expenditure in fiscal year 2002 for the purpose of contracting for a pilot project in Otero county to provide counseling programs, education programs and transportation services to children whose mothers are incarcerated.

Significant Issues

Children whose mothers are incarcerated are often placed in a foster care setting and have difficulty accessing needed counseling and educational programs beyond what is available in the traditional public school settings.

The bill will probably have only a minor impact upon the Corrections Department since relatively few women from Otero County are housed in the women's prison in Grants, New Mexico.

PERFORMANCE IMPLICATIONS

The Corrections Department reports that the bill could result in an indirect positive impact upon the Grants facility since the Otero County women inmates incarcerated in the Grants private facility could be reassured that their children are being cared for and participating in meaningful programs. The Corrections Department further indicates that this could have a positive emotional and motivational impact upon the women inmates to work harder within their own programs inside the prison, such as substance rehabilitation, further schooling, etc, since they would worry less about their children. There may also be a concomitant effect of decreasing disruptions or disciplinary problems with women inmates.

FISCAL IMPLICATIONS

The bill contains a recurring appropriation of $125.0. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 reverts to the general fund.

ADMINISTRATIVE IMPLICATIONS

DOH did not provide a response to this bill and therefore no administrative impact for DOH is recorded.

In the short term, the bill could possibly result in a minor decrease in the administrative burden upon the Grants facility since incarcerated women from Otero County may engage in less misconduct and perhaps could secure early releases for the reasons cited above.

TECHNICAL ISSUES

The bill does not define "incarcerated". Is the intent of the bill to provide services to children whose mothers are incarcerated in prisons or local jails or both? The provisions of the bill could apply to adult mothers and juvenile mothers incarcerated in city or county jails, state-run correctional facilities, or juvenile detention centers or juvenile correctional facilities.

Also, length of incarceration is not discussed. Are services going to be available for children whose mother are incarcerated for one day?

AMENDMENTS

The bill could be amended to include that an evaluation of the project is required and that the findings be reported to the Health and Human Services Subcommittee.

RAE/njw:ar