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.

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 Suite 101 of the State Capitol Building North.

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to HB2, SB98 and HB263

SOURCES OF INFORMATION

LFC Files

Criminal Juvenile Justice Coordinating Council (CJJCC)

SUMMARY

Synopsis of SB104

SB104 appropriates $375,000 in fiscal year 2002 to the Criminal and Juvenile Justice Coordinating Council (CJJCC) to pay for staff salaries and operating costs.

Significant Issues

CJJCC reports the agency was originally funded at $500,000, and its first year of actual operation was funded at $350,000. The funding has been reduced each year since, to the point that the Council is unable to fulfill its statutory mandate and serve as an effective resource to the Legislature and Governor.

The CJJCC's FY02 budget request was for $375,000, and the LFC recommendation was $165,000. The Executive has recommended funding at $100,000. Council members have agreed that without adequate funding, the agency will cease operations at the end of FY01. The $165,000 allocation is not sufficient, and this bill appropriates an amount that better enables the CJJCC to effectively fulfill its statutory mandate.

LFC staff questions whether the CJJCC can arbitrarily cease operations at the end of FY01 without legislative action.

PERFORMANCE IMPLICATIONS

CJJCC reports, with the enactment of SB104, the CJJCC would be in a better position to serve as an effective criminal and juvenile justice policy resource to state government by holding more regular meetings (thereby increasing its responsiveness), collecting additional and more up-to-date data from state agencies, identifying problems, suggesting solutions and generally communicating better information to statewide criminal and juvenile justice policy decision-makers.

FISCAL IMPLICATIONS

This bill appropriates $375.0 in general fund for expenditure in fiscal year 2002.

CJJCC reports the appropriation would enable the Council to do the following:

• Hold more regular meetings in order to respond to issues more quickly,
• Hire additional staff in order to attend more legislative functions, collect data and information needed by decision-makers from a number of sources.
• Conduct additional research projects and outline policy solutions.
• Communicate more information to policy decision-makers and the public.

By doing all the above more effectively, the Council will be in a better position to fulfill its statutory mandate. Passage of this bill would have a significant positive fiscal impact on the Criminal and Juvenile Justice Coordinating Council.

ADMINISTRATIVE IMPLICATIONS

LFC staff reports the Council has no permanent staff and contracts with the University of New Mexico's Institute of Social Research (ISR) to provide scholarly-professional, administrative, graduate and undergraduate assistants as staff to work on the Council's issues. Since the creation of the Council, the contractual agreement for the Council's required services consistently has been appointed to ISR.

In response to legislative concerns, the Council indicated to staff it plans to continue working with ISR to ensure compliance with statutory duties and efficient and effective management and performance.

LFC staff notes the appropriation to CJJCC is a lump sum appropriation in which most of the appropriation goes to contractual services to ISR.

CJJCC reports this bill allow the expansion of administrative functions to better serve the Council members and, in turn, statewide criminal and juvenile justice policy decision-makers.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

Relates to HB2 and SB98.

Duplicates HB263

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL?

CJJCC reports the Council is currently operating on a shoestring, with part-time staff attempting to do full-time work. Council members unable to meet frequently enough to respond to pressing issues, and some Council members are foregoing travel reimbursement. If the CJJCC is not funded at an adequate amount, the Council members have agreed to cease operation at the end of the current fiscal year. It is impossible to fulfill the statutory mission to advise the executive, legislature and judiciary and serve as a criminal and juvenile justice resource to the state with increasingly aging data and information, an inability to meet in a timely fashion and an inability to communicate valuable information to policy decision-makers and the state.

The CJJCC not only provides data and information, it also brings together the multiple perspectives of the people who know the New Mexico criminal and juvenile justice systems best. Although it is possible that individual agencies or researchers might be able to provide information, there is no other source for the balanced, reasoned opinions and recommendations provided by the Council. In short, the Council combines the best quality research with the balanced perspective of the Council. This combination is not available from any other agency, and to lose it would be detrimental to the state.

POSSIBLE QUESTIONS

1. Who benefits from this appropriation? Is it the CJJCC or UNM Institute of Social Research?
2. How will this appropriation affect the Accountability in Government Act to ensure they meet the requirements outlined under performance-based budgeting?

LAT/njw