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.

The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment increases the board membership from four to five, inserts a new section to read: "31-21-23. PURPOSE.--The purpose of the Parole Board Act is to create a professional parole board."

Synopsis of Bill

HB 315 eliminates the salaries for the chairman and the other three members of the parole board and provides for board members to receive per diem and mileage as provided for non-salaried public officers in the Per Diem and Mileage Act.

Significant Issues

With the ever decreasing number of inmates on indeterminate sentences, there is presumably less work for parole board members. Parole Board members currently spend a majority of time reviewing and hearing cases which fall under determinate sentencing. There are approximately 300 individuals who are fall under indeterminate sentencing.

FISCAL IMPLICATIONS

LFC staff projects a savings of approximately $220.0

ADMINISTRATIVE IMPLICATIONS

HB 315 provides for the Parole Board to become a voluntary board which allows the executive director to take on more responsibilities within the agency. The shift in administrative responsibilities provides for efficiencies within the agency and allows board members to focus on hearings at the institutions.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

HB 315 relates to proposed Legislative Finance Committee sponsored legislation.

TECHNICAL ISSUES

The bill proposes modifications to Section 31-21-24 NMSA 1978. However, it does not propose to modify Section 31-21-23 ("Purpose" that currently states:" The purpose of the Parole Board Act [31-21-22 to 31-21-26 NMSA 1978] is to create a full-time professional salaried board." If the bill proposes to eliminate salaries for parole board members, then it should modify Section 31-21-23, "The purpose of the Parole Board Act...is to create a [full-time], professional [salaried] parole board.").

OTHER SUBSTANTIVE ISSUES

The original purpose of the Parole Board Act was to create a full-time, professional, salaried parole board. The parole board had a much larger role to play in prison release decisions when offenders were sentenced under indeterminate sentencing (i.e., prior to 1978). With the passing of time, the number of prisoners still serving indeterminate sentences is even smaller. Release of offenders sentenced after 1978 requires far less study and reflection. Thus, although parole board members must decide on the release of prisoners on indeterminate sentences, and must still be present at hearings regarding all parole violators, it is likely that the position of the parole board members has ceased to be full-time.

The bill would emulate the structure of the Juvenile Parole Board in which members are paid mileage and per diem for volunteer services.

LAT/gm