NOTE: As provided in LFC policy, this report is intended only 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 for other purposes.

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website. The Adobe PDF version includes all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR:	Garcia		DATE TYPED:	2/02/03		HB	176
SHORT TITLE:		Additional Controlled Substances				SB
					ANALYST:		Fox-Young

APPROPRIATION

Appropriation Contained	Estimated Additional Impact	Recurring or Non-Rec	Fund Affected
			$0.1 Significant	Recurring	General Fund

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

$0.1 Significant

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

Attorney General (AG)

Administrative Office of the District Attorneys (AODA)

Administrative Office of the Courts (AOC)

No Response

Public Defender Department (PDD)

SUMMARY

Synopsis of Bill

House Bill 176 amends the criminal offense of trafficking controlled substances, Section 30-31-20, to include a methamphetamine, its salts, isomers and salts of isomers.

Under current law, trafficking includes the manufacture of any Schedule I through V drug or a controlled substance analog and only distribution or possession with intent to distribute Schedule I or II narcotic drugs or analogs. This bill adds methamphetamine, its salts, isomers and salts of isomers to these serious narcotic drugs.

Penalties and basic sentences (current and proposed) for distribution or possession with intent to distribute are as follows:

Offense Current Penalty, Basic Sentence Proposed Penalty, Basic Sentence

1st 3rd degree felony, 3 years 2nd degree felony, 9 years

2nd & subsequent 2nd degree felony, 9 years 1st degree felony, 18 years

FISCAL IMPLICATIONS

The total number of methamphetamine cases flowing through the judicial process is not likely to increase significantly; however, the increased penalties provided for distribution or possession with intent are likely to spawn significantly more trials. As a result of the increase in the mandatory sentence, defendants accused of distribution will have a greater incentive to go to trial rather than accept a plea. Because trials necessitate more resources than a plea does, courts, district attorneys and public defenders will likely see a significant increase in costs. Additional FTE may be necessary in order to cover methamphetamine distribution cases without sacrificing in other areas.

This bill will likely prompt a substantial increase in the length of sentences to the department’s custody or supervision. The Corrections Department (CD) estimates an annual increase of five to 20 prison sentences, five to 10 additional probation sentences, 10 to 30 longer prison sentences and 10 to 30 longer probation sentences.

TECHNICAL ISSUES

The Attorney General (AG) notes that the word “of,” page two, line 12, should be deleted.

OTHER SUBSTANTIVE ISSUES

The AG asserts that policy concerns related to methamphetamine include the dangerous, explosive nature of methamphetamine labs, the prevalence of methamphetamine use in New Mexico, and the high cost of methamphetamine site cleanup. The Administrative Office of the District Attorneys (AODA) notes that methamphetamine distribution currently results in a lower penalty than does cocaine or heroin distribution.