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

SPONSOR Stewart

DATE TYPED 02/18/05 HB 231/HJCS

SHORT TITLE Battery Against a Household Member

SB

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

See Narrative

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Corrections Department (CD)

Public Defender Department (PDD)

SUMMARY

Synopsis of Bill

The House Judiciary Committee Substitute for HB 231 adds a new section to the statute mandat-

ing the penalty for each conviction for battery against a household member or aggravated battery

against a household member after the first conviction. All convictions after the first one will re-

quire mandatory jail time. See table.

First Conviction

Existing law applies, guilty of a misdemeanor

Second Conviction 48 hour jail term (mandatory)

Third Conviction

30 day consecutive day jail term (mandatory)

Fourth Conviction 6 month jail term (mandatory)

If an offender's sentence is suspended or deferred in whole or in part, the period of probation

may extend beyond 364 days but may not exceed 455 days.

Also, as part of any sentence, the person convicted of battery of a household member will be re-

House Bill 231/HJCS Page 2

quired to participate in and complete a domestic violence offender treatment program. Neither

the mandatory jail term nor the offender treatment program shall be suspended, deferred, or

taken under advisement by the court.

Significant Issues

Domestic violence is a serious problem in New Mexico. Requiring treatment is an important

component of stopping domestic violence.

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution, and documenta-

tion of statutory changes. Any additional fiscal impact on the judiciary would be proportional to

the enforcement of this law and commenced prosecutions. New laws, amendments to existing

laws, and new hearings have the potential to increase caseloads in the courts, thus requiring addi-

tional resources to handle the increase

The most significant issue to the CD will be a large increase in prison population as it creates a

fourth degree felony for what was previously a misdemeanor. It also sets mandatory prison terms

of six months, which increases the likelihood of District Judges sending offenders to the CD to

lessen the cost of local incarceration. This offense frequently has repeat offenders.

The treatment component will mean that offenders must be supervised to insure compliance after

release from custody. This bill will increase the caseload burden on Probation and Parole, but

CD states that these costs can be absorbed.

ADMINISTRATIVE IMPLICATIONS

There will be increased court and staff time as a result of mandatory penalties and the additional

court time it would take to prove prior convictions.

In both the short term and the long term, the longer sentences will result in an increase in the

administrative burden upon prison personnel, probation and parole personnel and support staff.

DW/rs:lg