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F I S C A L I M P A C T R E P O R T

SPONSOR Chasey

ORIGINAL DATE

LAST UPDATED

3/6/07

HB HM 72

SHORT TITLE Study Independent Corrections Oversight

SB

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates House Joint Memorial 37 – Correctional Facility Independent Oversight.

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Corrections Department (NMCD)

New Mexico Sentencing Commission (NMSC)

No Response Received From

Attorney General’s Office (AGO)

SUMMARY

Synopsis of Bill

House Memorial 72 requests the attorney general to appoint and chair a task force to study the

feasibility and effectiveness of forming an independent entity that would oversee the status and

conditions of New Mexico’s correctional facilities, and if the task force finds that it would be

feasible and effective to form an independent entity that it specify the composition and nature of

the entity regarding expertise, and the areas and methods of oversight. The taskforce is to report

its findings to the appropriate interim committee no later than November 2008.

SIGNIFICANT ISSUES

NMCD state the memorial “appears to make a number of erroneous, unsupported or misleading

findings or assumptions about New Mexico prisons." NMCD reports the department has nothing

to hide and will cooperate fully with any independent oversight entity created as a result of the

proposed memorial.

House Memorial 72 – Page

2

NMCD states the department is already reviewed by a variety of entities and laws. NMCD

makes regular presentations to the interim Courts, Corrections and Justice Committee. Also,

NMCD regularly provides information to the Legislative Finance Committee, Correction

Population Control Commission and other committees on its operations and performance.

NMCD reports the department is subject to the Inspection of Public Records Act and regularly

provides requested information to the press and members of the public.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

House Memorial 72 is a duplication of House Joint Memorial 37 titled “Correctional Facility

Independent Oversight."

OTHER SUBSTANTIVE ISSUES

NMCD states if the proposed memorial is enacted, the department requests its representatives be

able to provide information, ideas and recommendations to the attorney general’s task force.

NMCD states the department’s viewpoints should be considered and evaluated by any task force,

just as the task force should consider and evaluate the viewpoints of other groups and

individuals.

RPG/nt