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





SPONSOR: Miera DATE TYPED: 02/11/00 HB 358
SHORT TITLE: Reimburse Juvenile Offender Housing Costs SB
ANALYST: Segura


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY00 FY01 FY00 FY01
$ 2,260.1 Rec GF



(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates/Conflicts with/Companion to/Relates to



SOURCES OF INFORMATION



Children, Youth and Families Department (CYFD)

LFC Files



SUMMARY



Synopsis of Bill



House Bill 358 appropriates $2,260.1 from the general fund to reimburse counties for housing juvenile offenders.



Significant Issues



Section 4-36-9 NMSA 1978 relates to the reimbursement for expenses attendant to temporary detention of a child; reimbursement for ancillary services; civil action.



The section states that when a child is detained in a facility for the temporary detention of children that is administered or financed by a county, and the child subsequently is found to be delinquent or enters into a consent decree, the board of county commissioners may seek reimbursement from the child's parent, guardian or legal custodian for the amount of money expended by the county for the care and support of the child during his period of detention. This would include any ancillary services.



The section also includes a civil action, in that the board of county commissioners may initiate a civil action against the parent , guardian or legal custodian to recover the amount of money owed to the county.



FISCAL IMPLICATIONS



House Bill 358 appropriates $2,260.1 from the general fund and is recurring.



ADMINISTRATIVE IMPLICATIONS



The CYFD indicates it would need to develop a billing and reimbursement process.



OTHER SUBSTANTIVE ISSUES



Is the requested appropriation in HB-358 incurred costs that have not been paid or a projected amount for FY01?



Does the amount requested apply to multi-counties or one county?



According to CYFD, "There is no reimbursement process in effect, and if mandated to do so, the department would need additional funding.



It may be appropriate to amend current legislation to address the responsibility of detention costs of adjudicated and non-adjudicated youth.



RS/njw