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	King		DATE TYPED	2-2-04		HB	318
SHORT TITLE		Corrections Intensive Supervision Fund Uses				SB
					ANALYST		Reynolds-Forte

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY04	FY05	FY04	FY05
			See Narrative

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Corrections Department

Juvenile Parole Board

Administrative Office of the Courts

Attorney General’s Office

Administrative Office of the District Attorneys

SUMMARY

Synopsis of Bill

House Bill 318 changes the name of the Corrections Department “intensive supervision fund” to the “community supervision fund” and expands the purpose for which it may be spent. Currently, the fund may be used for intensive supervision related costs. House Bill 318 will allow the Department to spend this fund to cover cost related to all probation and parole programs.

FISCAL IMPLICATIONS

House Bill 318 will not impact the amount of money collected to deposit into the fund; the bill expands the use of the fund only. The Legislature takes credit for revenues in this fund in the Corrections budget.

Probation and Parole fees are deposited into the fund. In FY03, approximately $900.0 was collected and deposited and $923.0 was spent on intensive supervision programs. The Executive Budget Recommendation notes that approximately half of offenders are paying the fee and a recommendation is made for the Department to make greater efforts to collect this fee on a regular basis. Additional fees are anticipated from this effort.

Currently the fund may only be used for intensive supervision purposes which is a limited program. If revenues are collected above those which are budgeted, the Department may request a budget increase. Under current law, the Department could only request the increase for intensive supervision related costs. With the changed use of the fund, the Department would be able to request increases for any probation and parole cost. These revenues would be limited by the General Appropriation Act limitation on increasing other state fund revenues which is currently a 5% increase limit.

ADMINISTRATIVE IMPLICATIONS

The Corrections Department believes this bill could result in a slight decrease in the administrative burden on staff that is required to administer probation and parole programs by allowing more flexibility in the use of these funds.

RELATIONSHIP

House Bill 318 relates to the General Appropriations Act which appropriates the monies from this fund to the Corrections Department.

OTHER SUBSTANTIVE ISSUES

The Corrections Department believes that the bill could encourage the probation and parole officers who supervise probationers and parolees who are under regular supervision to intensify their efforts to collect the fees knowing it may benefit them, i.e., more equipment, programming, furniture, etc., rather than just ISP.

The Administrative Office of the District Attorneys estimate there is no fiscal impact related to this bill, but is concerned this change could adversely affect the intensive supervision program which they believe is very important. They bring up the issues that if the fund is allowed to be used to fund the rest of the Corrections Department probation and parole programs, sufficient funds may not be available to continue and expand the intensive supervision programs.

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