NOTE: As provided in LFC policy, this report is
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legislature. The Legislative Finance Committee does not assume
responsibility for the accuracy of the information in this report when used for
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SPONSOR: |
Swisstack |
DATE TYPED: |
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HB |
510/aHJC/aHAFC |
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SHORT TITLE: |
Establish NM Sentencing Commission |
SB |
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ANALYST: |
Chavez |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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See Narrative |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Conflicts with SB 326
House
Bill 510 relates to the General Appropriation Act of 2003, which gives $275.0
for contractual services for the CJJCC in addition to the $500.0 appropriated
in this bill.
Crime
Victims Reparation Commission (CVRC)
Criminal/Juvenile
Justice Coordinating Counsel (CJJCC)
Administrative
Office of the Courts (AOC)
LFC
Files
SUMMARY
Synopsis of HAFC Amendment
Synopsis
of HJC Amendment
The House Judiciary Amendment addresses a concern of the
Crime Victims Reparation Commission (CVRC) which indicated that membership of
the commission should be reflective of constituents and that the New Mexico
Victim Assistance Organization does not represent the victim community. The CVRC suggested the language be changed to
allow the Governor to appoint a victim representative to the commission. The amendment implements the suggestion of
the CVRC and allows for the Governor to appoint one public member who is
representative of a
The amendment also requires the impact on enacted sentencing standards to be annually assessed, monitored and reported to the legislature.
Additionally, the amendment requires that the
commission annually assess, monitor and report to the legislature on the impact
of any enacted sentencing standards and guidelines on state and local
correctional resources and programs and the need for further sentencing reform.
Further, the amendment includes in the
commissions’ duties the review of past studies or reports regarding proposed
changes to the Children’s Code.
Synopsis
of Bill
House Bill 510 creates
the New Mexico Sentencing Commission, which replaces the Criminal and Juvenile
Justice Coordinating Counsel and extends the duties of the commission.
Significant
Issues
House Bill 510 amends Section
The Criminal/Juvenile Justice Coordinating
Council (CJJCC) indicated that this was one of two bills the CJJCC requested of
the Corrections Oversight and Justice Interim Committee during the 2002
interim. Members of the CJJCC agree that
the developing policy in the adult and juvenile areas is equally important and
that both efforts should be adequately funded.
The effective date of
the provisions of the act is
§
All personnel, appropriations, money,
records, furniture, equipment and other personal and real property of the
Criminal Juvenile Justice Coordinating Council shall be transferred to the New
Mexico Sentencing Commission.
§
All contracts and other obligations
binding on the Criminal and Juvenile Justice Coordinating Council shall be
transferred to the New Mexico Sentencing Commission.
§
All references in the law to the Criminal
and Juvenile Justice Coordinating Council shall be deemed to be references to
the New Mexico Sentencing Commission.
FISCAL IMPLICATIONS
Funding may be needed for additional FTE and
direct costs. Some direct costs include
ISD services and printing; travel costs for commission members and staff to
attend commission meetings and out-of-state seminars/conferences; equipment purchases;
office supplies; building rental; meeting room and equipment rental;
subscriptions; education and training; and advertising. Funding for contractual services may be necessary
to develop sentencing reform and develop data models to enable impact assessment
analysis.
The CJJCC notes that
HB 510 will significantly increase costs to the agency. It will be impossible to complete the
increased tasks outlined in the bill without a sufficient appropriation.
Additionally, there
will be a minimal administrative cost for statewide update, distribution, and
documentation of statutory changes.
ADMINISTRATIVE IMPLICATIONS
There will be increased workload, overhead and staff to carry out the additional statutory duties proposed in this bill.
CONFLICT AND RELATIONSHIP
Senate Bill 326 amends sections of the NMSA 1978 including Section 31-18-15 NMSA 1978. House Bill 510 amends Section 31-18-15 NMSA 1978. However, the amendments simply change the name of the CJJCC to the New Mexico Sentencing Commission.
POSSIBLE QUESTIONS
1. Under the Act the
commission is required to review all proposed legislation that:
and make
recommendations to the legislature as to whether proposed changes would improve
the criminal and juvenile justice system.
Further, the commission is to provide impact estimates, incorporating
prison population projections, on all proposed legislation that has the
potential to affect correctional resources.
Does this mean that the commission must review all impacted legislation
prior to its introduction during a legislative session? In the alternative, does it mean that once
legislation is introduced, its passage through the committee system is halted
until the commission can review the legislation?
FC/sb:yr:njw