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

SPONSOR Campos

DATE TYPED 1/24/05

HB

SHORT TITLE San Miguel County Inmate Transfer Costs

SB 2

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$95.0

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Corrections Department (NMCD)

No Response

Association of Counties

SUMMARY

Synopsis of Bill

Senate Bill 2 appropriates $95.0 from the general fund to New Mexico Corrections Department

for the purpose of covering the cost of transporting and feeding state inmates in San Miguel

County.

FISCAL IMPLICATIONS

The appropriation of $95.0 contained in this bill is a recurring expense to the general fund. Any

unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert to the

general fund.

Senate Bill 2 -- Page 2

ADMINISTRATIVE IMPLICATIONS

The Department would be required to track and account for the proposed appropriated funding to

San Miguel County.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATONSHIP

Laws 2004, Chapter 114, Section 4 appropriated $1,000.0 to help NMCD pay all counties that

house Department parole violators. The law does not include probation violators or probation-

ers, and does not obligate the Department to pay associated parole violator costs once or if the

$1,000.0 is exhausted.

TECHNICAL ISSUES

NMCD states the bill is unclear pertaining to whether “state inmates” includes parole violators

and/or probation violators. Also, the bill does not state whether the Department would be obli-

gated for costs exceeding the appropriated amount.

OTHER SUBSTANTIVE ISSUES

NMCD reports the appropriation is sufficient to cover the cost of temporarily housing Correc-

tions Department parole violators in the San Miguel County jail pending return to prison or being

placed back on parole. However, it is unclear whether the funding is sufficient to cover the costs

involved in housing Correction Department probation violators in the county jail. Probation vio-

lators are held at the request of the sentencing judge and not the Corrections Department.

RLP/lg:yr