Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also 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

Beam

DATE TYPED

02-04-04

HB

256

 

SHORT TITLE

 

Drug Treatment as Parole Condition

SB

 

 

 

ANALYST

Reynolds-Forte

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

NFI

 

 

NFI

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates SB 311

 

SOURCES OF INFORMATION

 

LFC Files

 

Responses Received From

Corrections Department

Administrative Office of the Courts

Attorney General’s Office

 

SUMMARY

 

Synopsis of Bill

 

House Bill 256 proposes to provide the parole board with express authority to refer certain parole violators to alcohol or drug treatment programs as a new condition of parole.  If the parole board determines that the parole violator violated a condition of his release by using alcohol or drugs, the board may refer the parole violator to an alcohol or drug treatment program as a new condition of his release.

 

Significant Issues:

 

The current law states that if it is determined that the prisoner violated a condition of his parole, the parole board may revoke the parole or “enter any other order as it sees fit.”  Current law would already allow what the proposed language sets forth. 

 

FISCAL IMPLICATIONS

 

Senate Bill 311 should have little if any fiscal impact.  The practice of referring parole violators to drug treatment programs as a part of a parole plan is already being done.

 

DUPLICATION

 

House Bill 256 duplicates House Bill 256.

 

TECHNICAL ISSUES

 

The Administrative Office of the Courts points out that page 1, line 22 of the bill deletes the words “any of” so that new language would read the “director may issue a warrant for the arrest of the released prisoner for violation of conditions of release versus current language which says the “director may issue a warrant for “violation of any of the conditions.   This language change could be read as requiring multiple conditions to be violated before issuing an arrest warrant. 

 

POSSIBLE QUESTIONS

 

What was the purpose of the technical change that was made on page 1, line 22?

 

RLG/lg