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F I S C A L I M P A C T R E P O R T

SPONSOR Park

DATE TYPED 01/25/05 HB 102

SHORT TITLE Escape From Corrections Programs

SB

ANALYST Woods

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

See Narrative

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to 31-21-13 NMSA 1978 and 33-9 NMSA 1978

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Corrections Department

Administrative Office of the Courts

Public Defender Department

Administrative Offices of the District Attorneys

SUMMARY

Synopsis of Bill

House Bill 102, Relating To Crimes; Creating The Crimes Of Escape From An Intensive Super-

vision Program And Escape From A Community Corrections Program, codifies the crimes of

Escape From Intensive Supervision and Escape From Community Corrections Programs. Indi-

viduals who abscond or escape from intensive supervision or community corrections programs

prior to completing a basic prison term can be charged with escape, a fourth degree felony.

There is no appropriation attached to this bill.

House Bill 102 -- Page 2

Significant Issues

The Corrections Department suggests that to deal with the issue of prison overcrowding, the de-

partment requires the ability to implement a controlled release program that would place inmates

convicted of non-violent offenses to community corrections or intensive supervision programs,

as allowed under current law. However, under present law, an inmate released into such a pro-

gram before completing his basic sentence and then absconds or escapes from program supervi-

sion would not be in violation of the criminal law. The bill distinguishes such misconduct as a

criminal offense in order to deter such behavior and seeks to instill public confidence in the pro-

gram.

The Administrative Office of the Courts (AOC) indicates this bill creates a new felony criminal

offense: escape from intensive supervision or community corrections. Creation of this criminal

offense may lead to more criminal case filings and could increase the caseload of the district

courts. However, the Administrative Office of the District Attorneys (AODA) suggests that it is

difficult to prove a person did not intend to return to the program, especially if they are appre-

hended shortly after escaping from the program.

PERFORMANCE IMPLICATIONS

The Corrections Department indicates the bill will indirectly improve the performance of the de-

partment’s controlled release program in that the public will have more confidence in the pro-

gram and due to the looming issue of criminal prosecution, program participants will be discour-

aged from absconding. The department further observes that without the penalty of a violation

of the criminal law, the participants will not be discouraged from absconding or escaping from

the program.

The AOC notes that the courts are participating in performance-based budgeting and it is un-

known if enactment of this bill would impact performance measures as they relate to judicial

budgeting.

FISCAL IMPLICATIONS

While there is no appropriation associated with this bill, the Corrections Department indicates

the bill could slightly increase costs if a program participant absconded from supervision and

then was convicted of escape. The department anticipates that the number of convictions for the

new offense would be small, perhaps no more than three incidents each year. However if the de-

partment were to ever utilize controlled release more liberally, there would probably be more

escapes and more convictions for escape. In that event, there could be a moderate fiscal impact

on the department. The department offers the following annualized “cost per client” for com-

parison:

•

Contract/private prisons: $20,720 per year for males, $26,313 per year for females

•

Standard supervision probation and parole: $1,452 per year

•

Intensive supervision programs: $2,852 per year

•

Department-operated community corrections programs: $4,371 per year

•

Privately-operated community corrections programs: $9,151 per year

•

Residential community corrections programs: $20,725

House Bill 102 -- Page 3

ADMINISTRATIVE IMPLICATIONS

The Corrections Department analysis is uncertain, suggesting that on one hand, the bill could

slightly reduce the administrative burden on Department staff if it deterred program participants

from absconding; however, it could also slightly increase the administrative burden on prison

personnel if there was a significant increase in prison sentences for the new offense. Both the

AOC and AODA note that the bill could result in more cases referred to district attorneys for

prosecution thus increasing current workloads.

ALTERNATIVES

The AODA suggests that, from a prosecutive perspective, substituting the language “and is ap-

prehended while away from the program” for “with the intent not to return” could have merit.

BFW/lg