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.

 

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

 

 

 

SPONSOR:

Fidel

 

DATE TYPED:

3/12/03

 

HB

 

 

SHORT TITLE:

Out-of-State Prisoner Fees

 

SB

653/aSFl #1/aHTRC

 

 

ANALYST:

Reynolds-Forte

 

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

 

 

 

 

Indeterminate (see fiscal implications)

 

Recurring

County Funds

 

Indeterminate (see fiscal implications) 

 

Recurring

General Fund

(Parenthesis ( ) Indicate Revenue Decreases)

 

SOURCES OF INFORMATION

 

Responses Received From

LFC files

 

SUMMARY

     

     Synopsis of HTRC Amendment to SB653

 

The House Transportation and Revenue Committee Amendment to SB653 strikes the Senate Floor amendment #1 which returns the bill to the original form.

   

     Synopsis of SFl Amendment

 

The Senate Floor Amendment to SB653 changes the fee charged privately operated prisons for each out-of-state inmate from two dollars per day to three dollars per day, and changes the distribution of the fee so that two-thirds goes to the county where the prison is located, and one-third is distributed to the state general fund.

     

     Significant Issues

 

Bernalillo, Cibola, Lee, Luna, Otero, Guadalupe, McKinley, Torrance and Valencia counties all have privately-operated prisons.  Not all prisons house out-of-state inmates.  Many of the prisons house federal inmates, but some of the federal inmates are inmates arrested within New Mexico.

    

FISCAL IMPLICATIONS

 

The revenues collected will be dependent upon the average number of out-of-state inmates housed in the privately operated prisons.  The county will be paid two dollars per day and the state one-dollar per day for each out-of-state inmate house in the privately operated prison.  For every 100 inmates housed for the full year the private prison fee would be $109.5 of which the county in which the prison is located will receive $73.0 and the state $36.5. 

 

     Synopsis of Original Bill

 

SB653 raises the minimum fee privately operated prisons pay to the county for each out-of-state inmate from seventy- five cents per inmate per day to two dollars per day per inmate.  

   

     Significant Issues

 

Bernalillo, Cibola, Lee, Luna, Otero, Guadalupe, McKinley, Torrance and Valencia counties all have privately-operated prisons.  Not all prisons house out-of-state inmates.  Many of the prisons house federal inmates, but some of the federal inmates are inmates arrested within New Mexico.

          

FISCAL IMPLICATIONS

 

SB653 raises the minimum fee paid to counties for out-of-system inmates housed by privately operated prisons from seventy-five cents per day to two dollars per day per inmate.  The increased revenue to the counties with privately operated facilities is dependant upon the number of out-of-state inmates housed in each county; that number is indeterminate at this time.   For every 100 inmates housed for the full year the private prison fee would be $73.0. 

 

 

PRF/prr:yr