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.
|
SPONSOR: |
Park |
DATE TYPED: |
3/06/03 |
HB |
839 |
||
|
SHORT TITLE: |
Earned Meritorious Deduction Formula |
SB |
|
||||
|
|
ANALYST: |
Reynolds-Forte |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
|
(Substantial) |
Recurring |
General
Fund |
|
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
New
Mexico Corrections Department
SUMMARY
Synopsis
of Bill
HB 839 has two different purposes, both related
to earned meritorious deductions, or “good time.”
First, the bill
would increase the amount of “good time” that certain inmates would be eligible
to earn. This group of inmates are
those who are sentenced to prison for committing a “non-violent offense”
(defined as any offense that is not a “serious violent offense”), are released
on parole and then returned to prison as a parole violator. The bill would increase the amount of “good
time” eligibility to thirty (30) days per month for the period of time they are
serving as a parole violator. Under
current law (since 1999) inmates who are sentenced to prison for a “non-violent
offense,” are released on parole and then returned to prison as a parole
violator are only eligible to receive either 4 or 8 days per month of “good
time” for that period of time served in prison as a parole violator. Under current law, the inmate is eligible
for a maximum of 4 days per month if their parole is violated for the alleged
commission of a new crime or absconding from parole, or a maximum of 8 days per
month if violated for any other reason (a so-called “technical” violation, such
as failure to attend mandated counseling, etc.).
Second, this bill would amend the definition of
“serious violent offender” to include certain additional offenses. It would include first degree murder, which
was originally excluded from the list because adults sentenced to prison for
first degree murder do not earn good time in that they are either sentenced to
death or life imprisonment, which requires actually serving 30 years (with no
“good time” deductions) before being eligible for parole. However, juveniles who commit first
degree murder and who are sentenced as adults may receive a sentence other than
a death sentence or life sentence, e.g., for 25 years, which currently makes
them eligible for “good time.” The
amendment would mean the juvenile would serve the 25 years as a serious violent
offender with reduced good time.
The bill also
adds the offense of Aggravated Battery Against A Household Member, because this
is essentially the same offense of Aggravated Battery which is currently on the
list. Similarly, it adds the offense of
Aggravated Assault Upon A Household Member to the judicial discretionary list,
because this is essentially the same offense as an Aggravated Assault, which is
currently on the judicial discretionary list.
Finally, the
bill adds to the judicial discretionary list, the crime of Attempt to Commit A
Felony when the crime attempted is an offense on the existing list of serious
violent offenses. For example, if the
judge determines that an attempt to commit murder or an attempt to commit criminal
sexual penetration involves serious violence, the judge could designate the
crime committed as a serious violent offense. This would make sense under the
existing statutory scheme. Many judges
already attempt to do so on their Judgment and Sentences, but it is not allowed
under current law.
Significant
Issues
The
Corrections Department believes that the most significant issue of SB 839
is that increasing the maximum amount
of “good time” eligibility for non-violent inmates who are returned to prison
as parole violators would somewhat reduce the pressure on the ever-increasing
growth in prison population. As the
legislature continues to increase the length of prison sentences and the number
of criminal offenses, the prison population continues to grow, but no new
prisons are being built. Also, there
are no additional appropriations for contract prison beds.
Another
significant issue to the Department is that the bill would increase the length
of prison sentences for that specific group of offenders who are convicted of
the offenses that would be added to the list of serious violent offenses. Of course, this would also increase costs
somewhat. The Department notes that
given the limited prison bed space and financial resources of the Department,
it would be better to utilize these resources to house serious violent
offenders for longer periods of time rather than non-violent offenders.
FISCAL
IMPLICATIONS
The Corrections Department projects that the
bill would probably reduce costs to the Department. The shortening of prison sentences that would result from
increasing “good time” eligibility for non-violent offenders returned to the
prison as parole violators have greater effect than the lengthening of prison
sentences for those offenders whose crimes would be added to the list of
serious violent offenders.
ADMINISTRATIVE IMPLICATIONS
The bill would slightly reduce the
administrative burden upon Department attorneys, who are currently sometimes
required to seek an amended Judgment and Sentence when the sentencing judge
deems a defendant to be a serious violent offender when that is not allowed
under current law.