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
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whereas HTML versions may not.
Previously issued FIRs and attachments may also be obtained from the LFC
in
SPONSOR |
Beam |
DATE TYPED |
|
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
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