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

SPONSOR Begaye

DATE TYPED 3/7/05

HB 583/aHJC

SHORT TITLE Native American Inmate Religious Practices

SB

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Defender Department (PDD)

New Mexico Corrections Department (NMCD)

Children, Youth and Family Department (CYFD)

Department of Indian Affairs (DIA)

No Responses

Office of the Attorney General (AG)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee’s amendment to House Bill 583 removes wording pertaining to

“protecting” and “protect”. This amendment clarifies the proposed legislation does not protect,

but respects Native American religious beliefs.

Synopsis of Original Bill

House Bill 583 requires Native American children placed in foster care, pre-adoptive placement,

adoptive placement, or a secure facility; and Native American inmates in correctional institutions

in the state be allowed to maintain cultural ties and religious practices and be permitted to par-

ticipate in activities that strengthen cultural awareness.

House Bill 583/aHJC -- Page 2

PERFORMANCE IMPLICATIONS

NMCD states currently Native American religious practices in state run institutions are protected

under the Native American Counseling Act. This bill might expand the number and types of

programs required in non-state run institutions. CYFD states the proposed legislation is directly

related to the existing agency mission statement focusing on the development of culturally com-

petent programs for clients. CYFD reports they are already engaged in meeting the intent of this

proposed bill and continue to explore opportunities to expand and develop programs and services

for Native American clients.

FISCAL IMPLICATIONS

NMCD states there is no direct or immediate fiscal impact on the Department. However, the fu-

ture requirement that all private institutions comply with the act may increase the cost of con-

tracting out and may increase the difficulty of finding private parties willing to contract with the

Department.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

PDD and DIA state the proposed legislation conflicts with the proposed revisions to the chil-

dren’s code in Senate Bill 233.

DIA states that Section 2 of House Bill 583 somewhat relates to Senate Bill 214 and House Bill

223 regarding placement of an Indian child (Cultural Awareness Section 32A-18-4).

TECHNICAL ISSUES

NMCD reports the definition of “Department” in the proposed legislation is expanded to include

the Secretary as well as the Corrections Department. NMCD states this could be read to hold the

Secretary personally responsible.

NMCD states the last paragraph of the bill is language requiring the Secretary to report finding

on privately run corrections facilities to the “appropriate” legislative committee. NMCD feels

because “appropriate” is not defined it could create confusion in the future.

NMCD reports the proposed legislation has no provision for the status of contracts already in

existence at the time the bill goes into effect.

OTHER SUBSTANTIVE ISSUES

NMCD reports the proposed legislation does not address the status of county facilities that house

state prisoners by agreement. NMCD states most non-state run facilities in the state fall into this

category.

DIA reports the placement of a delinquent Indian child into a culturally inappropriate environ-

ment that does not respect the child’s religious beliefs threatens the survival of tribal communi-

ties at their core. DIA states placement of a delinquent Indian child must consider his/her tradi-

tional religion, practices and the unique perspective and worldview that the child has learned

from his or her tribal community.

House Bill 583/aHJC -- Page 3

DIA states most Native American inmates encounter severe problems while incarcerated because

the correctional facilities lack the understanding and respect for the unique Indian religious tradi-

tions and practices. DIA reports not allowing Native American inmates to practice their religion

is detrimental to the spiritual, emotional and mental well-being of the inmates.

RLP/njw:yr