NOTE: As provided in LFC policy, this report is
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SPONSOR: |
Vaughn |
DATE TYPED: |
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HB |
561 |
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SHORT TITLE: |
Counseling for Domestic Violence Offenders |
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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NFI |
NFI |
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See Narrative |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Administrative Office of the Courts (AOC)
New Mexico Corrections Department (NMCD)
LFC Files
SUMMARY
Synopsis of Bill
House Bill 561 amends the Crimes Against Household Members Act, §
Significant
Issues
· House Bill 561 increases penalties for a second or subsequent conviction for 1) assault, 2) aggravated assault, 3) assault with intent to commit a felony, 4) battery, and 5) aggravated battery against a household member.
· Further, the bill provides that in addition to any punishment provided, the court is required to order a person convicted of 1) assault, 2) aggravated assault, 3) assault with intent to commit a felony, 4) battery, and 5) aggravated battery against a household member to participate in and complete a program of professional counseling at his own expense.
1)
for a first degree felony, eighteen years
imprisonment;
2)
for a second degree felony resulting in
the death of a human being, fifteen years imprisonment;
3)
for a second degree felony, nine years
imprisonment;
4)
for a third degree felony resulting in
the death of a human being, six years imprisonment;
5)
for a third degree felony, three years
imprisonment; or
6)
for
a fourth degree felony, eighteen months imprisonment.
The offender’s sentence for imprisonment is
subject to meritorious deductions.
FISCAL IMPLICATIONS
The bill does not
contain an appropriation. However, there
will be a minimal administrative cost for statewide update, distribution, and
documentation of statutory changes.
The CD indicates that
there would be a likelihood of increased expenses for the probation and parole
officers which would be somewhat offset by increased fees paid to the CD and
increased fines paid to the court. There
is a standard probation and parole fee charged to an offender. Policy allows for a charge of up to $75 to be
charged. However, because a majority of
offenders are unemployed a fee of roughly $20 is charged per month per
offender. Furthermore, courts have their
own fees that they assess when offenders are sentenced.
ADMINISTRATIVE IMPLICATIONS
The CD indicates that
the present administration could absorb any additional load created by greater
numbers of offenders in correctional institutions or on probation.
RELATIONSHIP
There are other pieces
of legislation that increase penalties for domestic violence (SB 521), provide
for fees for domestic violence offenders, (SB 327, HB 414) and HB 156 provides
for domestic violence arrests.
POSSIBLE QUESTIONS
FC/ls:yr