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
|
SPONSOR |
|
DATE TYPED |
|
HB |
|
||
|
SHORT
TITLE |
|
SB |
162 |
||||
|
|
ANALYST |
Reynolds-Forte |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY04 |
FY05 |
FY04 |
FY05 |
||
|
|
63,600.0 |
|
|
Recurring |
General
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
REVENUE
|
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
|
FY04 |
FY05 |
|
|
|
|
|
$63,600.0 |
|
Recurring |
New
Fund |
(Parenthesis ( ) Indicate Revenue Decreases)
Relates to HB 149 and SB 90
LFC Files
Responses Received From
Corrections Department
Office of Attorney General
SUMMARY
Synopsis
of Bill
Senate Bill 162 creates a new County Detention
Facility Reform Fund in the State Treasury, to be administered
by the Corrections Department. The bill
appropriates $63.6 million from the general fund to the new County Detention
Facility Reform Fund for expenditure in FY 2005 and subsequent years, and unexpended
balances do not revert at the end of the fiscal year.
Money in the Fund may not be
used by the Corrections Department for administration of the Fund. Money in the Fund is to be used for reimbursing
counties for the incarceration of a “state prisoner” (defined essentially as a person charged with or convicted of a
felony) who:
1)
has
violated his parole and is charged with a parole violation;
2)
while
on parole is charged with a violation of local, state, tribal or federal law;
3)
is
awaiting transportation and commitment to the Corrections Department following
pronouncement of a judgment, sentence or order of confinement;
4)
is
charged with a violation of his probation by the department or by a district
court;
5)
is
sentenced, ordered or removed by the district court to incarceration in a
county detention facility; or
6)
is incarcerated on the basis of an arrest and hold
order or a warrant used by the Corrections Department.
The bill sets the rate of reimbursement at eight
times the federal hourly minimum wage per day (currently $5.15 per hour so cost
would be $41.20 per day). In addition,
the counties would be reimbursed for the cost of medical, dental, mental
health, and vision care, including prescription drugs, as well as ambulatory
and transportation services.
The bill also repeals Section 33-3-3 NMSA 1978,
which provides that the county jail shall be used as
the place of detention for offenders charged with or convicted of crimes and
committed by lawful order.
Significant
Issues
The Corrections
Department is concerned that the definition of “state prisoner” is an extremely
broad and unusual definition of a state prisoner.
The Attorney
General’s Office also expressed concern regarding the definition of “state prisoner”
contained in Senate Bill 162. They
state: “Section 2E appears to be
the first attempt in
The AG’s
concern is state prisoners are going to look at this definition and attempt to craft an appeal “I’m not a state prisoner under your
definition, set me free.”
a)
The
definition should likely use the language “means only in this section.”
b)
The
definition should clarify which “state.”
Just
The definition should likely use the language
“only a misdemeanor” because some prisoners may have concurrently committed
both a misdemeanor and felony.”
Both
the Corrections Department and the Attorney General’s Office expressed concern
with repealing Section 33-3-3. The
Corrections Department believes that if Section
33-3-3 NMSA is repealed, there will be no statutory
provision in the law requiring county jails to house persons charged with
criminal offenses. The Attorney
General’s Office explains
that county jails hold or are available to hold county inmates. It has nothing to do with state
prisoners. Repeal of Section 33-3-3 NMSA
repeal would appear to delete the statutory requirement that county jails are
available to hold county inmates (i.e. with the repeal, a county could build a
jail and yet its inmates could be barred from it).
FISCAL IMPLICATIONS
Senate Bill 162
appropriates $63.6 million from the general fund to the newly created County
Detention Facility Reform Fund for expenditure in FY 2005 and subsequent fiscal
years. Any remaining balances at the end
of FY05 do not revert but remain in the Fund.
Continuing
Appropriations
This
bill creates a new fund and provides for continuing appropriations. The LFC objects to including continuing appropriation
language in the statutory provisions for newly created funds. Earmarking reduces the ability of the
legislature to establish spending priorities.
ADMINISTRATIVE IMPLICATIONS
The Corrections Department believes that in both the short term and the
long term, the bill will result in a substantial increase in the administrative
burden on Central Office Business Managers, accounts payable personnel and
other employees who will have to verify and pay hundreds of thousands of new
claims for “state prisoners.”
The Corrections Department believes that this additional burden could impact their ability to keep current contractors paid
timely.
RELATIONSHIP
SB
162 relates to HB 149 which appropriates $1 million to the
Corrections Department to reimburse counties for transporting inmates
and SB 90 which appropriates $2 million to the Corrections Department to
reimburse counties for housing and transporting inmates. The General Appropriations Act also contains
$1 million in the Corrections Department budget for reimbursing counties for
housing inmates.
POSSIBLE
QUESTIONS
PRF/lg:yr