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

SPONSOR Cervantes

DATE TYPED 3/17/05

HB 492/aHCPAC/aHJC

SHORT TITLE Community Service for DWI Convictions

SB

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Conflicts with HB 282, HB 472, HB 493, HB 494, HB 502, HB 506, SB 154, SB 581, SB 587

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

Attorney General (AGO)

Department of Health (DOH)

Department of Public Safety (DPS)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment limits the community service requirement for a

first-time DWI offense to not more than 48 hours.

Synopsis of HCPAC Amendment

The House Consumer and Public Affairs Committee amendment removes the emergency clause.

Synopsis of Original Bill

House Bill 492 mandates community service for DWI offenders. The bill is an emergency

measure to take effect immediately.

House Bill 492/aHCPAC/aHJC -- Page 2

Significant Issues

Current law allows first-time offenders to be sentenced to 48 hours of community service.

House Bill 492 would instead require that the offender be sentenced to at least 24 hours of com-

munity service.

Current law requires an offender, upon second conviction, to be sentenced to 48 hours of com-

munity service. This bill makes no change to that provision.

Finally, current law does not contain a community service requirement for offenders upon a third

conviction. House Bill 492 would mandate 96 hours of community service for third-time of-

fenders.

PERFORMANCE IMPLICATIONS

Both the Department of Transportation and the Department of Public Safety have performance

measures related to reducing accidents, injuries and fatalities resulting from DWI. To the extent

that mandatory community service sentences serve to reduce recidivism or act as a deterrent, this

bill could help the departments improve on these performance measures.

OTHER SUBSTANTIVE ISSUES

DOH writes, “According to the National Highway Transportation Safety Administration

(NHTSA), traditional sanctions for DWI consists of jail, fines, probation and/or community ser-

vice in addition to license suspension or revocation. Alternative sanctions include home deten-

tion, electronic monitoring, intensive supervision with probation, and vehicle sanctions such as

ignition interlock and vehicle forfeiture. NHTSA’s research says that many of the alternative

sanctions are more effective in reducing recidivism than traditional sanctions. Raising the num-

ber of hours for community service, with fines as the deterrent for not completing community

service, may not have the effect of reducing recidivism.”

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Numerous bills have been introduced to combat New Mexico’s DWI problem including several

that would amend the same sections as those amended by House Bill 492. Those bills are House

Bills 282, 472, 493, 494, 502, and 506 and Senate Bills 154, 581 and 587.

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