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

SPONSOR Carraro

DATE TYPED 1/22/05

HB

SHORT TITLE Sex Offender Registration Requirements

SB 55

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

Corrections Department (CD)

Attorney General’s Office (AGO)

Public Defender Department (PDD)

Administrative Office of District Attorneys (AODA)

SUMMARY

Synopsis of Bill

Senate Bill 55 amends the Sex Offender Registration and Notification Act as follows:

•

Expands the definition of sex offenders required to register pursuant to the act;

•

Requires the registration of out-of-state sex offenders who visit New Mexico for more

than twenty-four hours;

•

Eliminates the requirement that sex offenders be at least eighteen years of age so that ju-

venile offenders convicted of any of the enumerated sex offenses are required to register;

•

Adds the offenses of aggravated indecent exposure and enticement of a child to the enu-

merated sex offenses which trigger offender registration

Senate Bill 55 -- Page 2

•

Requires sex offenders to register with the county sheriff no longer than twenty-four four

hours after coming into the state or being released from a New Mexico correctional facil-

ity as opposed to 10 days as presently required.

•

Requires sex offenders to provide information concerning all residences owned by the of-

fender and specify which address is his primary residence;

•

Requires sex offenders to provide all motor vehicle registration information for all motor

vehicles owned by the sex offender;

•

Mandates sex offenders to provide a DNA sample at the time of registration;

•

Requires sex offenders registered under this act to notify the county sheriff prior to estab-

lishing a new residence. If a registered sex offender moves to a new county, he must reg-

ister with the sheriff in the new county within twenty-four hours. If a registered sex of-

fender moves from New Mexico to another state, he must notify the sheriff in the New

Mexico county from which he is moving of his new address; and

•

Requires registered offenders to renew their registration with the county sheriff once

every ninety days for either the entirety of the offenders’ natural lives or for twenty years,

depending on the underlying sex offense;

Significant Issues

The AGO questioned the ability of law enforcement to enforce the “visiting” sex offender provi-

sion and raised administrative issues arising from this type of monitoring; for example, verifying

with the resident state the exact crime and registration requirements. In addition, the definition

of a sex offender would have no age limitation and rely on the mere conviction. This lifting of

the age restriction may seek to include juvenile sex offenders but the use of the word “convicted”

generally applies only to adults. Juveniles are usually found “delinquent” according to the Chil-

dren’s Code.

The requirement for a sex offender to register requires a sex offender every ninety days, as op-

posed to annually, complies with federal law.

The AGO further notes Section 29-11A-4 (H) which requires a sex offender to register for the

entirety of his natural life, may be interpreted as severe and punitive by the New Mexico appel-

late courts on state constitutional grounds.

The registration of visitors to New Mexico may be problematic especially when balanced with

the strong push and advertisement for New Mexico tourism. Practically, it is difficult to detect

and know if an individual is a visitor and whether or not each location in New Mexico during the

travels requires a separate registration. For example, an individual may visit Santa Fe for a day

and one-half and then travel to Taos for a day and one-half. SB 55 will require the individual to

register both in Santa Fe County and in Taos County.

The PDD believes the requirement of this bill for prior notification of moving, notification

within 24 hours of release or establishing residence, renewal of registration every 90 days, and

Senate Bill 55 -- Page 3

lifetime registration are very difficult to comply with. Any slip subjects a person, no matter how

innocent the lapse, to a fourth degree felony. Because the persons who must register already

have a felony conviction by definition, they are subject to 2 years imprisonment under the legis-

lation.

The requirement that persons visiting the state must register will be difficult to enforce unless a

visitor comes into contact with law enforcement officials for minor traffic offenses or accidental

encounters.

FISCAL IMPLICATIONS

This bill will require registration every ninety days, as opposed to annually. The financial impli-

cations of this registration requirement on the county sheriffs departments throughout the State

as well as the Department of Public Safety need to be determined.

The PDD notes this legislation has the potential to increase caseloads for all participants in the

criminal justice system. The registration requirements are onerous and difficult to comply with.

While the exact number of cases that will result from this legislation is difficult to predict, its

provisions are so easy to violate that it is not unreasonable to assume that hundreds of such cases

will be charged yearly.

As of July 28, 2003, 1,490 persons were registered as sex offenders in New Mexico. Based on

the recurring responsibility to report information (4 times per year for information that does not

change and within 24 hours for changes), it is not unreasonable to predict that the PDD will han-

dle hundreds of new offenses and probation violations each year.

The CD believes this bill will increase costs to them due to the proposed lengthier and more

stringent registration requirements since sex offenders’ failure to comply with the requirements

will likely result in an increase in prosecutions for failure to comply and in probation violations

for failure to comply. It is anticipated that probation violations will result in more sex offenders

being returned to prison.

ADMINISTRATIVE IMPLICATIONS

This bill will result in an increase in the administrative burden on the district attorneys, the pub-

lic defenders and the whole court system as well as the correctional facilities records managers

and probation and parole officers.

TECHNICAL ISSUES

The AGO submitted the following:

Include a definition of “residence” in Section 29-11A-4(B)(4).

Ownership of motor vehicles—Section 29-11A-4(B)(5) should include partial ownership

of motor vehicles. For example, an individual may co-own a motor vehicle with another

household or family member.

Senate Bill 55 -- Page 4

OTHER SUBSTANTIVE ISSUES

It may not be possible for offenders to register with the county sheriff within 24 hours following

release from incarceration if the county sheriff’s administrative offices (where offenders would

register) are closed on weekends or holidays, and the offender is released from incarceration near

or on a weekend or holiday.

DW/lg