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
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also be obtained from the LFC in
|
SPONSOR |
Altamirano |
DATE TYPED |
|
HB |
|
||
|
SHORT
TITLE |
Guadalupe |
SB |
234 |
||||
|
|
ANALYST |
Bransford |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY04 |
FY05 |
FY04 |
FY05 |
||
|
$695.0 |
$200.0 |
|
See
Narrative |
Non-Recurring |
General
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
Relates to SB 275, SB 233 and HB 255
Relates
to Appropriation in the General Appropriation Act
LFC Files
Responses
Received From
Public
Defender Department (PDD)
Attorney
General (AG)
Administrative
Office of the Courts (
4th
Judicial District Attorney (DA)
SUMMARY
Synopsis of Bill
Senate Bill 234
appropriates $695 thousand from the general fund to the public defender department
for the purpose of defending three capital felony cases that arose from the
riot at the Guadalupe county correction facility. The bill contains an emergency clause.
Significant Issues
Contract attorneys representing the three
defendants have a motion pending before recently retired District Judge Frank
Allen requesting dismissal from the case
because they are not being compensated enough to provide adequate
representation. Contract attorneys for
the PDD are paid on flat fee schedule.
However, both the New Mexico State Bar and the American Bar Association
recommend that attorneys representing capital defendants be compensated on an
hourly basis. The cases are expected to
proceed to trial within the year. To
date, a total of $4.2 million has been spent on the
prosecution and defense of these cases (See Attachment).
FISCAL IMPLICATIONS
The appropriations of $695
thousand and $200 thousand contained in this bill are non-recurring expenses to
the general fund. Any unexpended or unencumbered balance remaining at the end
of fiscal years 2004 and 2005 shall not revert to the general fund.
ADMINISTRATIVE IMPLICATIONS
The district attorney and attorney general’s
special prosecution division would also like consideration for additional
resources to support their efforts.
RELATIONSHIP
This bill relates to
SB 275 and HB 255 both of which would create a new fund, the Capital Felony
Representation Fund, in the public defender department. It also relates to SB 233 which requests an
appropriation of $578 thousand to the Fourth Judicial District Attorney and
$250 thousand to the Attorney General for prosecution of these cases.
VB/dm:yr
Attachment
|
|
|
General Fund |
Fund Balance |
Board of Finance |
Agency Total |
Description |
|
Attorney
General |
|
|
|
|
|
|
|
|
|
$115.0 |
|
|
|
Laws 2000 SS,
Chap. 5, Sec. 6, Item 5 |
|
|
|
$250.0 |
|
|
|
Laws 2001,
Chap. 64, Sec. 6, Item 9 |
|
|
|
$250.0 |
|
|
|
Laws 2002 ES,
Chap. 4, Sec. 5, Item 7 |
|
|
|
|
|
|
$615.0 |
AG Total |
|
District
Attorney |
|
|
|
|
|
|
|
|
|
|
|
$60.0 |
|
Loan granted |
|
|
|
$350.0 |
|
|
|
Laws 2000 SS,
Chap. 5, Sec. 6, Item 4 |
|
|
|
$572.9 |
|
|
|
Laws 2001,
Chap. 64, Sec 6, Item 5, and extended by Laws 2002 ES, Chap. 4, Sec. 5, Item
6 |
|
|
|
$450.0 |
|
|
|
Laws 2002 ES,
Chap 4, Sec. 5, Item 6, and extended by Laws 2003, Chap. 76, Sec. 5, Item 4 |
|
|
|
$375.0 |
|
|
|
Laws 2003,
Chap 83, Sec. 2 Item F |
|
|
|
|
|
|
$1,807.9 |
DA Total |
|
Public
Defender |
|
|
|
|
|
|
|
|
|
$380.0 |
|
|
|
Laws 2000 SS,
Chap. 5, Sec. 6, Item 20 |
|
|
|
$100.0 |
|
|
|
Laws 2000 SS,
Chap. 5, Sec. 7, Item 12 |
|
|
|
$964.6 |
|
|
|
Laws 2001,
Chap. 64, Sec. 6, Item 29 and extended by Laws 2002, Chap. 4, Sec. 5, Item
20, and Laws 2003, Chap. 76, Sec. 5, Item 10 |
|
|
|
|
$375.0 |
|
|
Laws 2003,
Chap. 83, Sec. 4, Item C |
|
|
|
|
|
|
$1,819.6 |
PDD Total |
|
|
|
|
|
|
|
|
|
Totals |
|
$3,807.5 |
$375.0 |
$60.0 |
$4,242.5 |
Grand
Total |
Santa Rosa Prison Riot Death Penalty Cases
Summary of Special/Supplemental Appropriations