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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 01/21/05 HB 108

SHORT TITLE Crime Victims Reparation Fund

SB

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$438.0

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates

SB 136

Relates to Appropriation in the General Appropriation Act

The LFC recommends general fund appropriation to the Crime Victim Reparation Commission

of $1,799, 700 for FY06, a 4.3 percent increase from FY05 for victims’ reparation.

SOURCES OF INFORMATION

LFC Files

Responses Received From

Crime Victims Reparation Commission (CVRC)

SUMMARY

Synopsis of Bill

House Bill 108 would appropriate $438 thousand from the general fund to the crime victims

reparation fund to provide support, advocacy, and services for surviving family and friends of

homicide victims. Any unexpended or unencumbered balance remaining at the end of FY 06

shall revert to the general fund.

Significant Issues

The CVRC was created as a mechanism for compensating crime victims or their dependents for

death or bodily injury resulting from violent crimes. CVRC also administers the federal Victims

of Crime Act grant and the S.T.O.P. Violence Against Women Act grant, which provide services

House Bill 108 -- Page 2

to victims of crimes.

House Bill 108 would appropriate $438 thousand from the general fund to provide support, ad-

vocacy and services for surviving family and friends of homicide victims.

According to the CVRC, there are two kinds of support provided to victims: direct reparations

and services. Funding for direct reparations comes from three sources: general fund, federal

grant funding, and restitution transferred from the Department of Corrections. Funding for ser-

vices comes from federal grant funding only. The CVRC administers the federal grant by pro-

viding funding and training to non-profit and public agencies that provide services to victims.

House Bill 108 would appear to provide both compensation and services to victims.

At the request of the CVRC, the LFC is recommending a supplemental appropriation for FY 05

of $721.3. These costs are for direct victim compensation.

In addition, the LFC is recommending an additional FTE for FY 06 for a restitution recovery of-

ficer position. By statute, the commission is entitled to receive 15 percent of inmate wages plus

court-ordered restitution. Collection of these funds has remained level over the past several

years. The restitution recovery officer would monitor and track collections, with the expectation

that the position would fund itself through increased collections. The CVRC is anticipating that

the FTE could generate an additional $200 thousand in FY 06.

According to the CVRC, funding for the federal Victims of Crime Act has not increased in sev-

eral years. Thus, CVRC is unable to adequately meet the needs of homicide victims’ survivors.

New Mexico has the 5

th

highest rate of homicide in the country and many victims are neglected

because of the lack of funding.

PERFORMANCE IMPLICATIONS

The CVRC has performance measures for both its victims compensation program, funded by

state funds, and its federal grant administration program.

The CVRC indicates that it will develop performance measures for the program funded by this

appropriation.

FISCAL IMPLICATIONS

The appropriation of $438.0 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of FY 06 shall revert to

the general fund.

ADMINISTRATIVE IMPLICATIONS

The CVRC indicates that it will require 5 percent administrative cost to administer the program.

Furthermore, it indicates that it will develop a request for proposals as well as performance

measures and standards for the program. It will be able to report to the legislature each year as to

the accomplishments of the program, providing statistics and results of performance measures.

House Bill 108 -- Page 3

According the CVRC, without receiving 5 percent administrative costs, it would not be able to

effectively allocate the funding or provide rigorous monitoring of grant recipients.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

This bill is a duplicate of Senate Bill 136.

TECHNICAL ISSUES

The bill appropriates general fund money for “support, advocacy and services for surviving fam-

ily and friends of homicide victims.” It is unclear if this bill is intended to provide direct repara-

tions, services or both.

The bill indicates that funding would provide support, advocacy and services for surviving fam-

ily and friends. Currently, eligibility for reparations under state and federal law is limited to the

victim, a deceased victim’s dependents, or any individual who voluntarily assumes funeral or

medical expenses of a deceased victim. Assistance to victims is provided under federal guide-

lines to a larger group of individuals, which may include family and friends. House Bill 108

does not specify whether “family and friends” would be eligible for both reparations and ser-

vices, or just services. If friends and family are eligible for reparations, this would result in in-

congruence between the eligibility in current programs and eligibility for this specific funding.

House Bill 108 limits the use of the appropriated funding to survivors of homicide victims. The

existing state and federal programs provide funding to victims of a much larger list of crimes.

POSSIBLE QUESTIONS

Will the funding be used for reparations, services, or both.

Should funding be limited to victims of homicides.

Would the CVRC have to develop a new program to administer this funding. If so, is this an

efficient use of state funding given the comparatively small size of the appropriation.

Should the CVRC be allowed 5 percent administrative costs.

EF/lg:yr